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HomeMy WebLinkAbout2004-122 BOARD OF COUNTY COMMISSIONERS Caroline D. Ginn Fran B. Adams Chairman C`� District 1 �� r �� District S . Kenneth R Macht Arthur R Neuberger District 3 Vice Chairman District 2 0RIO�. Thomas S. Lowther District 4 June 1 , 2004 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 , 157 . 00 of Federal Fiscal Year 2004 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 $97 , 667 Board of County Commissioners (M .A . C . E . ) Indian River County Drug Testing Program $47 , 375 Board of County Commissioners Indian River County Substance Abuse Council of $ 16 , 115 Board of County Commissioners Indian River County TOTAL $ 161 , 157 Sincerely , Caroline D . Ginn , Chairman Board of County Commissioners BCC Approved : June 1 , 2004 1840 25th Street, Suite N-158 Vero Beach, FL 32960-3365 Telephone: 772. 567. 8000, Ext. 1490 FAX: 772- 770-5334 Suncom: 224-1490 e-mail: lanassung@ircgov. com r 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 bean 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? ❑ Yes ❑ No Project ID # Program Area M CFDA M 16.579 If Yes , enter CJ Contract # of Previous Sub rant SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2004- CJ — J3 - 10- 40 - 01 - 060 2005 - CJ - _ - _ - _ - _ - _ B. Applicant Information 1 . Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government) : Indian River Board of County County Commissioners Indian River Name of Chief Elected Official / State Agency Head : Caroline D . Ginn Title: Chairman , Board of County Commissioners Address : 1840 25th Street Area Code / Phone # 772-567-8000 City, County, State, Zip Code: Vero Beach , Florida 32960-3365 SUNCOM # 224- 1490 Area Code / Fax # E-mail Address: cginnOircaov. com 772-7704334 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Edwin Fry County Indian River Title : Finance Director Address : 1840 25th Street Area Code / Phone # 772-567-8000 x 1205 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224- 1205 E-mail Address : efNAco . indian-river.fl . us Area Code / Fax # 772-7704331 3 . Implementing Agency Name of Implementing Agency : Indian River County Sherifrs Office County Name of Chief Executive Official / State Agency Head / Subgrantee representative Indian River (if a subordinate agency of the subgrant recipient) : Roy Raymond Title : Sheriff, Indian River County Address : 4055 41St Avenue Area Code / Phone # 772-569-6700 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # 234-9404 E-mail Address : rravmond (cDiresheriff. org Area Code / Fax # 772-569 -8144 FDLE Byme Formula Grant Application Package Grant Application Section /I = Page 1 Rule 11 D-9.006 OGJG — 005 (rev. April 2004) 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 County (Implementing Agency Employee) Indian River Title : Lieutenant Address : 4055415t Avenue Area Code / Phone # 772-770-5203 City, County, State , Zip Code: Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address : (smith iresheriff. org Area Code / Fax #772-569-4520 5. Contact Person Name of Contact Person : Colette Heid County (if other than Project Director) Indian River Title: Executive Director, Substance Abuse Council 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 Indian River Title : Intelligence Analyst 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 : kdean@iresheriff. org Area Code / Fax #772-569-4520 7. Person Responsible For Programmatic Performance Reporting if known Name : Kimberly E . Dean County Indian River Title : Intelligence Analyst Address : 4055 41 n 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 Indian River Title : Intelligence Analyst Address : 4055 41 st Avenue Area Code / Phone # 772-7704520 City, County , State , Zip Code: Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address : kdean Wiresheriff. 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. April 2004) • 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 , ll , III , etc.) XVI 3 . Project period Start: October 1 , 2004 End : September 30 ,2005 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 XX 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 XX 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. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 . 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 2003 Census the population of Indian River County is 120 , 271 . 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 . Thdand mass to the west , currently 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 past years , we have seen an increase in heroin distribution and usage in Indian River County. In 2002 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 . In 2004 we arrested one individual for possession with the intent to distribute twenty grams of 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 H - Page 4 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) 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 . 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 and the Vero Beach 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 is scheduled to meets on a quarterly basis and more frequently when necessary. The Multi-Agency Drug Task Force Agreement is normally reviewed and signed annually by the Board of Directors . The Board of Directorsconsist of the Sheriff of Indian River County , the Chief of Vero Beach Police Department , and the Chief of Sebastian Police Department . The current agreement was reviewed by the board on January 2 , 2003 . The task force members consist of the Indian River County Sheriffs Office , the Vero Beach Police Department. All program reports are submitted to Colette Heid , (Grant Manager) Executive Director of the Substance Abuse Council of Indian River County. Colette Heid submits all the program reports to Office of Criminal Justice Grants , Florida Department of Law Enforcement . 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 and office supplies . No Byrne funds are used for the funding of confidential informants or 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 5 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 . 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 . Unit' s 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 2004 , the M .A. C . E Unit conducted an investigation where we seized in excess of two thousand grams of cocaine and ten pounds of marijuana . 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. April 2004) 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 are proposing a project in one of the Authorized Program Areas with no Uniform Objectives , contact FDLE , Office of Criminal Justice Grants , at ( 850) 41 - 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 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 . Part 1 During this reporting period , how many offenders were arrested for Drug offenses ? 02 . 02 To seize 2000 grams of powdered or crack cocaine . Part 1 — During this reporting period , how many grams of powdered or crack Cocaine was seized ? 02 . 03 To seize 100 Pounds of marijuana, excluding marl uana plants Seized through eradication operations . Part 1 — During this reporting period , how many pounds of marijuana was seized , excluding marijuana plants seized through eradication operations ? 02 . 04 To seize 150 grams of danggerous drugs , LSD , PCP , barbiturates , amphetamines , etc . Part i - During this reporting period how many grams of dangerous drugs were seized ? 02 . 05 To arrest 10 offenders for cultivation and /or manufacturing of marijuana during the grant period . Part 1 — During this grant period how many offenders were arrested for cultivation and/or manufacturing of marijuana ? FDLE Byrne Formula Grant Application Package Grant Application Section H - Page 7 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 02 . 005 To destroy 150 marijuana plants . Part 1 — During this reporting period how many marijuana plants were destroyed ? 02 . 06 To conduct 150 drug related investigations . Part 1 — During this reporting period , how many drug related investigations were conducted ? Project Specific Ob "lectives P0314001 To conduct 20 prescription fraud investigations . Part 1 — During this this reporting period , how many prescription fraud investigations did you conduct . P0314002 To arrest 15 offenders for prescription fraud . Part 1 — During this reporting period , how many offenders did you arrest for prescription fraud ? P0314003 To seize 10 weapons during narcotic investigations . Part 1 — During this reporting period , how many weapons did you seize during narcotic investigations ? FDLE Byrne Formula Grant Application Package Grant Application Section 0 - Page 8 Rule 11D-9.006 OCJG — 005 (rev. April 2004) 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 w II progress . This chart benchmarks planned activities , both administrative and programmat c . 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 , 2004 - September 30, 2005 Sub rant Period Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSe Submit Financial Reimbursement X X X X X X X X X X X X Requests 04 04 04 05 05 05 05 05 05 05 05 0 Submit Financial Closeout Package X 05 Submit Quarterly Program Reports X X X X 05 05 05 05 Submit Quarterly PGI Reports X X X X ( If applicable) 05 05 05 05 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 X X X X Meeting 04 05 05 05 Arrest Drug Offenders X X X X X X X X X X X X 04 04 04 05 05 05 05 05 05 05 05 05 Seize Powdered & Crack Cocaine X X X X X X X X X X X X 04 04 04 05 05 05 05 05 0505 05 05 Seize Marijuana X X X X X X X X X X X X 04 04 04 05 05 05 05 05 05 05 05 05 Seize LSD , PCP , Barbiturates , X X X X X X X X X X X X Amphetamines , Ecstasy, Ect. 04 1 04 04 05 05 05 05 05 05 05 05 05 Seize & Destroy Marijuana PlantsX X X X X X X X X X X X 04 04 04 05 05 05 05 05 05 05 05 05 Conduct Marijuana/Crop X X X X X X X X XX X X Manufacturing Investigations 04 04 04 05 05 05 05 05 05 05 05 05 Conduct Prescription Fraud X X X X X X X X X X X X Investigations 04 04 04 05 05 05 05 05 05 05 05 105 Seize Weapons During Narcotic X X X X X X X X X X X X Investigations 04 04 04 05 05 05 05 05 05 05 05 05 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 9 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F . Project Budget 1 . Bud et Schedule a . The Project Budget Schedule includes five Budget Categories ( Salaries and Benefits , Contractual Services , Expenses, Operating Capital Outlay , and Indirect Costs) and Total Project Costs . Total Local Match must be a minimum of 25 % of the Total Budget. b . Enter the amount of federal , matching , and total funds by budget category that you will use to support project activities . Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank . Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents . ( Example $4 , 505 . 25 as $4 , 506) . Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And $ 111250 . 00 $ 37750 . 00 $ 159000 . 00 Benefits Contractual Services Expenses $ 86 , 417 . 25 $ 281805 . 75 $ 1151223 . 00 Operating Capital Outlay Indirect Costs Totals $ 97 , 667 . 25 $ 329555 . 75 $ 1309223 . 00 FDLE Byrne Formula Grant Application Package Grant Application Section // - Page 10 Rule 11 D-9.006 OCJG — 005 (rev . April 2004) f Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2 . Budget Narrative (OCO) , Indirect Costs) . The Total Project Costs should be included . budget narrative . 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 . ) 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 : XX If no , please explain . There will be no additional personnel added . 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 11 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program percent of salaries and benefits) , and provide documentation of the appropriate approval of this plan . N/A 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? 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 Benefits include FICA , Workers Compensation , and Retirement . These benefits are calculated at the following rates FICA . 0765 % , WC . 06445 , and Retirement 18 . 53 % Overtime Salaries $ 11 , 250 . 00 FICA (7 . 65 % ) $ 861 . 00 Workers Comp ( . 06445 % $ 725 . 00 Retirement ( 18 . 53 % ) $ 27164 . 00 Total Salaries and Benefits $ 15, 000 . 00 EXPENSES LEASE VEHICLES (Nine Lease Vehicles @ $ 565 . 00 per month = $ 5 , 085 . 00 x 12 Months = $ 615020 . 00 FACILITY EXPENSES $ 3 ,600 . 00 (Utilities, facility cleaning etc.) COMMUNICATIONS $ 12 , 000 . 00 (Office phones, pagers, cellular phones, Sun Net, Auto Track, & Accurint. ) PROJECT EXPENSES $4,000 . 00 (Office supplies, materials, uniforms, batteries, films and any additional items needed for the project. ) TRAVEL & PROFESSIONAL DEVELOPMENT $ 85000 . 00 OFFICE RENT $26 , 603 . 00 TOTAL BUDGET $ 130,223 . 00 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 12 Rule 11 D-9 . 046 OCJG — 005 (rev. April 2004) 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) 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 Circular A-87, "Cost Principles for State Local and Indian Tribal Governments" , or OMB CircularA-21 , "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 JusticeCommon 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 thEubgrant 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) Report Contents : 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 ClaimReports ( 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 . ,Aubgrant 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 Application Package Grant Application Section 11 - Page 13 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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 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. All 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 Section 11 - Page 14 Rule 11D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 OJFinancial 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 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 JusticeCommon Rule for State and Local Govemments 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 Govemments, 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 $500 , 000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal 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 analanagement's written response to all findings , both audit report and management letter findings . Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant ( IPA) . The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 15 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) 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 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 . Thesubgrant 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 thesubgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the 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 FDLE _Byrne Formula Grant Application Package Grant Application Section 11 - Page 16 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 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) . Thesubgrant 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 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 thesubgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJPFinancial Guide , and the U . S . Department FDLE Byrne Formula Grant Application Package Grant Application Section H - Page 17 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 abushotline; 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 employmerflor 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 . (2) Such background investigations shall be conducted at the expense of the employing agencwhen 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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 18 Rule 11 D-9 . 006 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 . 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 witFSections 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 . Thsubgrant 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 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 . FDLE Byme Formula Grant Application Package Grant Application Section 11 - Page 19 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b . The subgrant recipient and 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) . Ttmbgrantee 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 1) , state and local government services and transportation (Title II) , 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 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 ofsubgrant funds by thesubgrantee. 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 20 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 bySection 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 formpisclosure of Lobbying Activities , according to its instructions . (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 may be given to local jails that operate " 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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 21 Rule 11 D-9.006 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program with this condition , which provides for individual site environmental assessmentrmpact 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 theubgrantee 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; 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 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 clandestinemethamphetamine 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 22 Rule 11 D-9 .006 OCJG - 005 (rev. April 2004) a Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 42 . Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP) . To ensure compliance with Title VI and the Safe Streets Act , recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs . Meaningful access may entail providing language assistance services , including oral and written translation when necessary. The U . S . Department of Justice has issued guidance to assist agencies to comply with Title VI requirements . The guidance document can be accessed on the Internet at www. lep . gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690 , or by writing to the following address : Office for Civil Rights Office of Justice Programs U . S . Department of Justice 810 Seventh Street NW , Eighth Floor Washington , DC 20531 FDLE Byme Formula Grant Application Package Grant Application Section 11 - Page 23 Rule 11D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance 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 ) : XX 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 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 . t 61 t Signature of Subgrantee Author ed Official Type Name : Caroline D . Ginn Title : Chairman Subgrant Recipient: Indian River Board of County Commisioners Date: June 1 , 2004 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 24 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) t Application for Funding Assistance . 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) : XX 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 subgrant application for federal assistance is approved or face loss of federal funds . Signature of IrOplementing g&iby Authorized Official Type Name : Roy Raymond Name of Subgrant Recipient: Indian River Board of County Commissioners Name of Implementing Agency: Indian River County Sheriffs Office Title : Sheriff Date : FDLE Byme Fonnula Grant Application Package Grant Application Section 11 - Page 25 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for • • Assistance Florida Department of Law Enforcement Edward monal State and Local Law Enforcement Assistance Formula Grant • • ram Byrne Me • • - 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 page, Strikeovers, whiteout, not : • . . a -0£ +�. -unsn. 2 .r 'Bt" '' „r� 'Y e x +` x� . �,,a'`� �"p' a+ tt£ `�' a5!v' ,�§ d d'" -z- -# -s v aecel., <•"" 'F.."$�' s ;`meq t +Ut A �u "'Um,vim'' ' ` a3t, y�' '��*I ., "' � ,» • ig 33'x"a�`k :C, 3F vy :�.t ' .. 1` 'eZ'` N • m ; - a3� }'' .� rRt:�„ y�� �,x '�- �r 4 � t",.�sF�,. iNWON Signature : Typed Name andClayton H . Wilder, Community • • Administrator ff-. "` �* -�.41 "�r"r ., yr Via+-r�• v �-'s� �.,£`� =� „� '` '�s ;.�in � x2� $�"' r �, , 11 a' 4cz �7t � u^s ,t.: P ^r .�«y „ *�' f , • g�: � `e..d.6' F r � + s`hrrh ��yz�it m 'vt°F `,,, • ,;-'� .. Typed Name of Subgrant Recipient Indian River Board of Counly Commissioners Signature : Typed Name andTitle:.Caroline Q Ginn , Chairman Date : 004 e�+'xp,r .v g �,.. "raw t •� g„r; ";i. e�`Ja ,�' ✓g %�"',�, _.'R°:s' .Y �` 'r'"`.^-avrE✓s ur T 'T se ' iw 'Lg• �9',-`rT ^s' ^f.:',F �.�x "£ � 're„T' "`as kz'sv >� -�h �3Y v�'1S".�' 55 �[�. L 'ly�� �*t�'K� �, �y}iY.�,te ,ift✓ '�'$y✓ � XtyX a�$. ���`��� iC� T � ro�.�f�,yh„ i`� y 4 scS"�i, -h"L''2`i 'iz.i 1�*""1 fY z $ ' ':' „5.+ it3^T'' S^' vf��'4+'^ � m m i • z0 'v `: .il� e£3x a 'ryy.[,c+: pz” yy" fi'.". j A <r pr. a ax �, ,. vf�7 ':fc.., . r` d a ., ,.a 7 '"•x s `{e •r x a+ F_ .,a,�° €�" eaO" * gy +" «T,"�', '�5 s "{e' f r-v <'3' ',�,e,� ii •" r'z • A B e�. B • 2 m - 43,s3�.5 � r' 5 ��<'" ��, . •tk�. "�h�"�`.E`"fa: c a. .. " � ��st �� ��' pi;' "'-# `� . '� a ' ,. #»�� '�^C >r`"" x„ S�" ,Y 1 s:+ 3 � 11 • • 11 • • 11 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 #: 16 . 579 If Yes , enter CJ Contract # of Previous Subgrant SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2004- CJ - J3 . 10 - 40 -01 -061 2005 - CJ - _ - _ B . Applicant Information 1 . Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government) : County Name of Chief Elected Official / State Agency Head : Title: Chairman Indian River Address : 1840 25`h Street Area Code / Phone # 772-567-8000 x 1490 City , County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1490 E-mail Address : cginn@ircgov . com Area Code / Fax # 772-770-5334 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Edwin Fry County Indian River Title: Finance Director Address : 1840 25th Street Area Code / Phone # 772-567-8000x 1205 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1205 E-mail Address : of (a)clerk. indian-river. org Area Code / Fax # 772-770-5331 3. Implementing Agency Name of Implementing Agency: Name of Chief Executive Official / State Agency Head / Subgrantee representative County (if a subordinate agency of the subgrant recipient) : Joseph A . Baird Indian River Title : County Administrator Address : 1840 25`h Street Area Code / Phone # 772-567-8000x 1408 City, County , State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1408 E-mail Address : baird�° 9 irc ov . com Area Code / Fax # 1— 772 -978 -1822 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 1 Rule 11 D-9.006 OCJG — 005 ( rev. April 2004) 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: Jason Brown (Implementing Agency Employee) County Title: Director Management and Budget Indian River Address : 1840 25"' Street Area Code / Phone # 772 -567 -8000 x1214 City, County, State, Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224- 1214 E-mail Address : jbrown ircgov . com Area Code / Fax # 772-778-9391 5 , Contact Person Name of Contact Person : (if other than Project Director) 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 , Florida 32960 SUNCOM # E-mail Address : sacir bellsouth . net Area Code / Fax # 772 -770 -4822 6 , Person Responsible For Financial Reporting if known Name : Jason Brown County Title : Director Management and Budget Indian River Address : 1840 25th Street Area Code / Phone # 772-567-8000 x12 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224- 1214 E-mail Address : ibrownaircgov . com Area Code / Fax # 772-778 -9391 7. Person Responsible For Programmatic Performance Reporting if known 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 , Florida 32960 SUNCOM # E-mail Address : sacirc . bellsouth . net Area Code / Fax # 772-770-4822 8 . Service Provider Contact Person 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 , Florida 32960 SUNCOM # E-mail Address : sacircabellsouth . net Area Code / Fax # 772- 770-4822 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 2 Rule 11 D-9 . 006 OCJG — 005 ( rev. April 2004) 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 (I , II , III , etc.) XV 3 . Project period Start: October 1 , 2004 End : September 30 , 2005 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 XXXX 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 XX 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 No XX 7 . Cash Advance : Will you request an advance? Yes Amount No XXX 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 II - Page 3 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) 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 , 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 term goals for the Council : Short Term 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 Long 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 Byrne Formula Grant Application Package Grant Application Section 11 - Page 4 Rule 11 D-9. 006 OCJG — 005 ( rev. April 2004) 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 65D- 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 • technical assistance • administration activities related to the monthly and quarterly reporting by projects • coordination of project presentations before the Substance Abuse Council Advisory Board • RFP coordination and funding recommendation by Advisory Board and County Commission for annual funding process • research and preparation of research papers focusing on the scope of alcohol and drug abuse problems affecting Indian River County Additionally staff provides : • administrative and informational support to the Council • executes the Council ' s decisions • networks and communicates with other public and private organizations to exchange information • serves to identify community needs via gap analysis and helps to establish priority needs within Indian River County • constructs a data base of relevant information and statistics to ascertain the scope of the drug and alcohol problems in the County • plans public information and other programs to build community acceptance of the Council • prepares grant proposals distributes informational materials such as newsletters brochures and feature articles • attends all Council meetings and other relevant meetings operates within the annual budget and safeguards all Council assets , prepares reports and conducts all other duties as assigned by the Council . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 5 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance , Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram In 1991 Indian River County established the Substance Abuse Council of IRC , by county resolution , as the " agency designee " to administer the administration of the Byrne grant . Thus the County subcontracts with the Substance Abuse to administer the Byrne grant . 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. All expenditures will be under Contractual Services for 33. 5 % of the Substance Abuse Council's Executive Director. There will be no other expenditures charged to this grant. FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 6 Rule 11 D-9 .006 OCJG — 005 ( rev. April 2004) 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 are proposing a project in one of the Authorized Program Areas with no Uniform Objectives , contact FDLE , Office of Criminal Justice Grants , at ( 850 ) 41 - 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 (Title) Administration 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) . yt ?+�. p '}. y e. jar ,�..,, ` }' ` ,\'Y'wifill } , N `�y sa 0 w \ ? i>, ADM . Conduct a specified number of Substance Abuse Policy Board meetings . 1 Part 1 — During this reporting period , how many Substance Abuse Policy Board Meetings were 12 conducted ? ADM . Write a specified number of issue/research papers . 4 2 Part 1 — During this reporting eriod , how many issue / research papers were written? ADM . Conduct a specified number of monitoring/coordinating reviews . 36 3 Part 1 — During this reporting eriod , was a monitoring/coordinating monitoring/coordinatingreviews were conducted? Review a specified number of quarterly performance reports prior to submission to the State ADMA Administrating Agency. 9 Part 1 — During this reporting period , how many of quarterly performance reports were reviewed prior to submission to the State Administrating Agency? Review a specified number of financial reports prior to submission to the State Administrating ADM . Agency. 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 . Part 1 — During this reporting period , how many projects were provided technical assistance? ADM . 6 (in the narrative portion of this report, briefly describe the technical assistance ; 12 What was provided — e . g . , assistance in completing claims . How it was provided — e . g . , on-site visit with local staff. Why it was provided — e . g . , errors found in forms as completed by local staff. Identify issues of noncompliance in local projects . Part 1 — During this 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 following points : ADM . Identify the grant and the issue . Y 7 Describe and action you have taken locally to facilitate resolution of the issue . Part 2 — During this reporting period , did you refer any issues of noncompliance found in local projects to the State Administrating Agency? If yes , use the narrative portion of this report to identify the grant and the issue . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 7 Rule 11 D-9 .006 OCJG — 005 ( rev. April 2004) 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 w II progress . This chart benchmarks planned activities , both administrative and programmat c . 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 2004 — September 30 2005 Subgrant Period (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSe Submit Financial Reimbursement X X X X X X X X X X X X Requests 05 Submit Financial Closeout Package X 05 Submit Quarterly Program Reports X X X X (05) (04) (04) (04) Submit AND Track approval of MACE Unit' s Quarterly PGI Reports X X X X (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 site visits of funded projects X X X X Conduct monthly program and financial 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 X X X X X X X X X X X X meetings 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 8 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F . Project Budget 1 . Budget Schedule a . The Project Budget Schedule includes five Budget Categories (Salaries and Benefits , Contractual Services , Expenses , Operating Capital Outlay, and Indirect Costs) and Total Project Costs . Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal , matching , and total funds by budget category that you will use to support project activities . Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents . ( Example $4 , 505 . 25 as $4 , 506) . Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits Contractual 161115 . 00 51372 . 00 21 ,487 . 00 Services Expenses Operating Capital Outlay M F fit ' l i �S { 2! G Indirect Costs J Totals 161115 . 00 51372 . 00 21 , 487 . 00 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 9 Rule 11 D-9.006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2 . Budget Narrative (OCO) , Indirect Costs) . The Total Project Costs should be included . budget narrative . 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 : NA If no , please explain . S & B are under Contractual Services , and not Actual Costs . 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 . No indirect cost are associated with this application . FDLE Byrne Formula Grant Application Package Grant Application Section // - Page 10 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 ? Budget Narrative Salary & None Benefits Contractual Services Salary , Substance Abuse Council of IR ( 1 ) Executive Director Salary of $ 55 , 000 x 33 % of time dedicated to this $ 18 , 150 project Medical Insurance ( $ 300 per month x 12 month = $ 1 , 188 $ 3 , 600 x 35 % FICA & Medicare ( Payroll of $ 18 , 150 x 7 . 65 % ) $ 1 , 388 Retirement ( Payroll of $ 18 , 150 x 3 % ) $ 545 Workers $ 216 Comp Expenses None Operating None Capital Outlay Indirect Costs None TOTAL SALARY AND $ 21 ,487 BENEFITS FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 11 Rule 11 D-9 . 006 OCJG — 005 ( rev. April 2004) 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 1113-9 , 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 Circular A-87, "Cost Principles for State Local and Indian Tribal Governments", or OMB Circular /1-21 , "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 JusticeCommon 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 thfubgrant 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) Report Contents : 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 ClaimReports ( 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 . ,Aubgrant 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 Application Package Grant Application Section 11 - Page 12 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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 Govemments, 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 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-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 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. All 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 Section 11 - Page 13 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 OJffnancial 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 $500 , 000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal 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 anahnagement's written response to all findings, both audit report and management letter findings . Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient . c. The subgrant recipient shall have all audits completed by an Independent Public Accountant ( IPA) . The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant . _FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 14 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) 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 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 . Thesubgrant 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 thesubgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the 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 FDLE Byrne Formula Grant Application Package Grant Application Section fl - Page 15 Rule 11 D-9 .006 OCJG - 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 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) . Thesubgrant 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 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 thesubgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJPFinancial Guide, and the U . S . Department FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 16 Rule 11 D-9 .006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 abushotline; 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 employmerf'lor 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 . (2) Such background investigations shall be conducted at the expense of the employing agencyWhen 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 FDLE Byrne Formula Grant Application Package Grant Application Section U - Page 17 Rule 11 D-9 .006 OCJG — 005 (rev . April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 . 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 wittSections 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 thesubgrant 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 . Thaubgrant 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 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 18 Rule 11 D-9 . 006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. The subgrant recipient and 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- 1573 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) . Tlmbgrantee 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 1 ) , state and local government services and transportation (Title II) , 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 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 ot;ubgrant funds by thesubgrantee. 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 . FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 19 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 formpisclosure of Lobbying Activities , according to its instructions. (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 may be given to local jails that operate "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 _ FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 20 Rule 11 D-9.006 OCJG — 005 (rev . April 2004) i Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 theubgrantee 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; 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 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 clandestinemethampheta mine 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 21 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 42 . Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency ( LEP) . To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs . Meaningful access may entail providing language assistance services , including oral and written translation when necessary . The U . S . Department of Justice has issued guidance to assist agencies to comply with Title VI requirements . The guidance document can be accessed on the Internet at www. lep . gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690 , or by writing to the following. address : Office for Civil Rights Office of Justice Programs U . S . Department of Justice 810 Seventh Street NW, Eighth Floor Washington , DC 20531 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 22 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance 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 ) : ✓ 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 . a . ( Select one of the following ) : ✓ 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 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 of Subgrantee Autho Ized Official Type Name : Caroline D . Ginn Title : Chairman , Indian River Board of County Commissioners Subgrant Recipient: Indian River County Date : June 1 , 2004 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 23 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) e Application for Funding Assistance 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 . n . (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 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 subgrant application for federal assistance is approved or face loss of federal funds . Signature of Implementing AgdKcy Authorized Official Type Name : Caroline D . Ginn Name of Subgrant Recipient: Indian River County Name of Implementing Agency: Indian River Board of County Commissioners Title : Chairman Date : June 1 , 2004 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 24 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) 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. • � � � � �. , ., he.ux r.. r.Vie . ���,�. ':h�. Signature : Typed Name and Title : Clayton H . Wilder Community Program Administrator Date: NMIV �• �v ,j,� r�{.�� � ,�, � rte. Typed Name of Subgrant Recipient : Indian River Board of County Commissioners Signature : Typed Name and Title : Caroline D . Ginn Chairman Date : June 1 , 2004 - �' � �., v irr ; � � Yet sv. ., c �J« '. , Y J 3F a5 .• p. Typed Name of Implemen ' gency: lndian erX�ountv Board of County Commissioners Signature : Typed Name and Title :. Jaso Brown Director Management and - Budget Date : f FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 25 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for • • Assistance Florida Department of Law Enforcement Edward Byrne Memorialand Local 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 page , Strikeovers , whiteout, etc, are not acceptable, t> ,_k4 "y % ` iy ,�e#z x"'a t �• n f € :ln . �"2, ' uJ�' , `y{ = aY'-�W},V �4 'A�z ��'[3^r { .F + 3.rn5' Fe1a+ S '"n� s-#j£„ '�4 .gt Y���� '� �/�F � �s�J�',.zvf�`w�� '$ �,'�` `�'�`�•.+ YJ ' o e € a.•1- �, � c � �.�ex4'� � .zu � � � T '�� � a��''�-�3� r�..r`2£'+. Signature : Typed Name and Title:. Clayton H , Wilder, Community Program Administrator Date : Typed Name of Subgrant Recipient: Indian River Board of Coun!y Commissioners Y, `:z.. 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'v.. •ffi "- 6&aiV��' i n'^:N J sem' wee ti' a R.aA3'„a • • - . -n w�� �:w�k r _ • • • • • - • • iY 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 bX OCJG Continuation of Previous Subgrant? ❑ Yes ❑ No Project ID # Program Area #. CFDA M 16 . 579 If Yes , enter CJ Contract # of Previous Subgrant SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2004- CJ - _ - - _ 2005 - 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 : Caroline D . Ginn Title : Chairman Indian River Address: 1840 25`h Street Area Code / Phone # 772-567-8000 x 1490 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1490 E- mail Address : cginn ircgov. com Area Code / Fax # 772-770-5334 2 . Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Edwin Fry County Title : Finance Director Indian River Address : 1840 251h Street Area Code / Phone # 772 -567-8000x 1205 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1205 E-mail Address : efry�a) clerk . indian-river. orq Area Code / Fax # 772 -770-5331 3 . Implementing Agency Name of Implementing Agency: Indian River County Board of County Commissioners Name of Chief Executive Official / State Agency Head / Subgrantee representative County (if a subordinate agency of the subgrant recipient) : Joseph A. Baird Title : County Administrator Indian River Address : 1840 25th Street Area Code / Phone # 772 -567-8000x 1408 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 244- 1408 E-mail Address : ibaird ircgov . com Area Code / Fax__# 978 -1822 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 1 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) 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: Jason Brown County (implementing Agency Employee ) Title : Director Management & Budget Indian River Address : 1840 25"' Street Area Code / Phone # 772-567-8000 x1214 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224- 1214 E-mail Address : i_brown ircoov. com Area Code / Fax # 772478-9391 5. Contact Person Name of Contact Person : (if other than Project Director) Colette Heid County Title : Executive Director Indian River Address : 2501 27 Avenue , Suite A-7 Area Code / Phone # 772-7704811 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # E-mail Address : sacirc(&bellsouth . net Area Code / Fax # 772-770-4.822 6. Person Responsible For Financial Reporting if known Name: Jason Brown County Title : Director, Management & Budget Indian River Address : 1840 25"' Street Area Code / Phone # 772 -567-8000 x12 City, County, State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224- 1214 E-mail Address : jbrown .ircgov.com Area Code / Fax # 772-778-9391 7. Person Responsible For Programmatic Performance Reporting if known 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 , Florida 32960 SUNCOM # E-mail Address : sacirc bellsouth . net Area Code / Fax # 772-770-4822 8. Service Provider Contact Person 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 , Florida 32960 SUNCOM # E-mail Address : sacirc anbellsouth . net Area Code / Fax # 772-770-4822 FDLE Byme Formula Grant Application Package Grant Application Section fl - Page 2 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) 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: Indian River County Drug Testing 2 . Identify the year of the project (I , 11 , 111 , etc.) 1 3 . Project period Start: October 1 , 2004 End : September 30 , 2005 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 XXXX 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 XX 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 No XX 7 . Cash Advance : Will you request an advance? Yes Amount No XXX 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. April 2004) • A 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 , per instructions . The Substance Abuse Council of Indian River County is seeking funding to support Indian River County' s Juvenile Drug Court and Juvenile Court by providing frequent and valid drug testing for Indian River County Juvenile ' s whose criminal justice involvement stems from Alcohol and Other Drug (AOD) use . Indian River County continues to experience a high level of drug related activity . For several decades , drug use has shaped the criminal justice system . Drug and drug- related offenses are the most common crime in nearly every community. Drug offenders move through the criminal justice system in a predictable pattern : arrest , prosecution , conviction , incarceration , release . In a few days , weeks , or months , the same person may be picked up on a new charge and the process begins again . These actions do little to curtail the illicit use of drugs and alcohol especially among our youth . As offenders flood the criminal justice system , many are not identified as having problems . In response , a few forward-thinking and innovative jurisdictions began to re-examine the relationship between criminal justice processing and AOD treatment services . Several common sense improvements sprang up spontaneously throughout the Nation . It became increasingly apparent that treatment providers and criminal justice practitioners shared common goals : stopping the illicit use and abuse of all addictive substances and curtailing related criminal activity . Each system possessed unique capabilities and resources that could complement the other and enhance the effectiveness of both if combined in partnership . Thus , the concept of treatment- oriented drug court was born . Drug courts were first implemented in the late 1980 's , but they did not develop in a vacuum . They are an outgrowth of the continuing development of community-based team -oriented approaches that have their roots in innovative programs developed by pretrial , probation , and parole agencies , as well as treatment-based and law enforcement innovations such as community policing programs . It following this thought process that Indian River County has established a juvenile drug court . FDLE Byrne Formula Grant Application Package Grant Application Section H - Page 4 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) 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 Drug Testing Program The mission of Indian River County' s Drug Testing program is to support juvenile drug court and juvenile court to stop the use and abuse of alcohol and other drugs and related criminal activity in our juveniles . Indian River County' s juvenile drug courts offer a compelling choice for juveniles whose criminal justice involvement stems from AOD use : participation in treatment . In exchange for successful completion of the treatment program , the court may dismiss the original charge , reduce or set aside a sentence , offer some lesser penalty , or offer a combination of these . Drug courts transform the roles of both criminal justice practitioners and AOD treatment providers . Indian River County' s Juvenile Drug Court and Juvenile Court creates an environment with clear and certain rules . The rules are definite , easy to understand , and most important, compliance is within the individual 's control . The rules are based on the participant' s performance and are measurable , ie the drug tests reveal drug use or abstinence . The participant' s performance is immediately and directly communicated to the judge , who rewards progress or penalizes noncompliance . The court programs should have the capacity to demonstrate tangible outcomes . Indian River County' s Court will have this ability to demonstrating reductions in AOD use via this drug testing program . Abstinence will be monitored by frequent alcohol and other drug testing . The purpose of this is frequent court-ordered AOD testing is essential . An accurate testing program is the most objective and efficient way to establish a framework for accountability and to gauge each participant' s progress . Modern technology offers highly reliable testing to determine if an individual has recently used specific drugs . The Substance Abuse Council proposes to utilize a Dade Behring W-Twin " drug screening analyzer utilizing the EMIT® ( Enzyme Multiplied Immunoassay Technique) Technology Principal . It is commonly recognized that alcohol use frequently contributes to relapse among individuals whose primary drug of choice is not alcohol . AOD testing results are objective measures of treatment effectiveness , as well as a source of important information for periodic review of treatment progress . AOD testing helps shape the ongoing interaction between the court and each participant . Timely and accurate test results promote frankness and honesty among all parties . AOD testing is central to FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 5 Rule 11D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram the court's monitoring of participant compliance . It is a main objective of the program . It gives the participant immediate information about his or her own progress , making the participant active and involved in the treatment process rather than a passive recipient of services . Performance Objectives : The Indian River County Drug Testing Program proposes to provide IRC juveniles frequent drug testing according to the following standards . 1 . AOD testing policies and procedures are based on established and tested guidelines . 2 . Testing may be administered randomly or at scheduled intervals , but occurs no less than once a week during the first several months of an individual 's enrollment . Frequency thereafter will vary depending on participant progress . 3 . The scope of testing is sufficiently broad to detect the participant' s primary drug of choice as well as other potential drugs of abuse , including alcohol . 4 . The drug -testing procedure will be certain . Elements contributing to the reliability and validity of a urinalysis testing process include , but are not limited to : • Direct observation of urine sample collection • Verification temperature and measurement of adulterants ie : creatinine levels , specific gravity , nitrite levels , PH , oxidants and chromate to determine the extent of water loading and other adulteration techniques • Specific , detailed , written procedures regarding all aspects of urine sample collection , sample analysis , and result reporting ; • A documented chain of custody for each sample collected • Quality control and quality assurance procedures for ensuring the integrity of the process • Procedures for verifying accuracy when drug test results are contested . 5 . Ideally , test results are available and communicated to the court and the participant within one day. The court functions best when it can to respond immediately to noncompliance ; the time between sample collection and availability of results should be short . 6 . The court is immediately notified when a participant has tested positive , has failed to submit to AOD testing , has submitted the sample of another, or has adulterated a sample . 7 . The coordinated strategy for responding to noncompliance includes prompt responses to positive tests , missed tests , and fraudulent tests . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 6 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) 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 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) (#) 15D (Title) Drug Testing 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 ) . .E . . ;, : m . Elm Provide a specified number of drug tests , including inmates . 15D . 01 Part 1 — During this reporting period , how many drug tests were conducted , including those 0 for inmates? Provide at least 15 drug tests to 275 probationers . 15D . 02 Part 1 — During this reporting period , how many drug tests were conducted for 4. 125 probationers? FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 7 Rule 11 D-9. 006 OCJG — 005 ( rev. April 2004) 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 w II progress . This chart benchmarks planned activities , both administrative and programmat c. 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 . 2004 — September 30 2005 Subgrant Period (Beginning Date — Ending Date) Administrative Activities 1pACTIVITY Oct Nov Dec Jan Feb Mar Apr Ma Jun Jul Au Se Submit Financial Reimbursement X Requests 05 X X X X X X X X X X X Submit Financial Closeout Package X 05 Submit Quarterly Program Reports X X X X (05) (04) (04) (04) Submit AND Track approval of MACE Unit's Quarterly PGI Reports X X X X (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 Project Director/Participating Agencies X X X X X X X X X X X X Meeting to coordinate testing with IRC Drug Test Offenders X X X X X X X X X X X X Meet with ongoing case management X X X X Receive on-going training and X X X X X X X professional development FDLE Byme Formula Grant Application Package Grant Application Section 11 - Page 8 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F . Project Budget 1 . Bud et Schedule a . The Project Budget Schedule includes five Budget Categories ( Salaries and Benefits , Contractual Services , Expenses , Operating Capital Outlay , and Indirect Costs ) and Total Project Costs . Total Local Match must be a minimum of 25% of the Total Budget. b . Enter the amount of federal , matching , and total funds by budget category thatyou will use to support project activities . Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents . ( Example $4 , 505 . 25 as $4 , 506 ) . Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits Contractual 47 , 374 . 50 159791 . 50 63 , 166 . 00 Services Expenses Operating Capital Outlay Indirect Costs s H Totals 47 , 374 . 50 159791 . 50 63 , 166 . 00 FDLE Byrne Formula Grant Application Package Grant Application Section H - Page 9 Rule 11 D-9 .006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 2 . Budget Narrative (OCO) , Indirect Costs) . The Total Project Costs should be included . budget narrative . 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 : NA If no , please explain . S & B are under Contractual Services , and not Actual Costs . 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 . No indirect cost are associated with this application . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 10 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) i Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 ? Budget Narrative Salary & Benefits Contractual Services Salary , Substance Abuse Council of IR ( 1 ) Clinical staff person Salary of $ 27 , 500 x 100 % of time dedicated to $ 27 $ 00 this project Medical Insurance ($ 300 per month x 12 month = $ 3 , 600 $ 3 , 600 x 100 % FICA & Medicare ( Payroll of $27 , 500 x 7 . 65 % ) $2 , 104 Retirement ( Payroll of $ 27 , 500 x 3 % @ $ 412 6 months) Workers $ 354 Comp Sub -Total $ 33 , 970 Expenses Drug Testing Confirmation 11000 Chemical Reagents & Controls 24 , 366 Chain of Custody Forms ( Printing ) 21000 Supplies 11830 TOTAL $ 63 , 166 Contractual FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 11 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) 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 11D"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 Circular A-87, "Cost Principles for State Local and Indian Tribal Governments" , or OMB Circular A-21, "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 JusticeCommon Rule for State and Local Governments, or OMB Circular /1- 1 10 and Florida law to be eligible for reimbursement. 3. Reports a . Project Performance Reports ( 1 ) Reporting Time Frames : The subgrant recipent 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) Report Contents : 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 . (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 12 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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 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. All 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 Section 11 - Page 13 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro 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 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 OjHnancial 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 Govemments or the federal OMB Circular /1- 1 10. 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 $500 , 000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal 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 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 . FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9 .006 Section 11 - Page 14 OCJG — 005 ( rev. April 2004) R Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial. State and Local Law Enforcement Assistance Formula Grant Pro ram 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 recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the 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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 15 Rule 11D-9 . 006 OCJG — 005 ( rev . April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 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 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 OJPFinancial Guide, and the U . S . Department FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 16 Rule 11 D-9 . 006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 . (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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 17 Rule 11 D-9 .006 OCJG — 005 (rev. April 2004) t Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 . 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 witlSections 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 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 18 Rule 11 D-9 . 006 OCJG — 005 ( rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram b . The subgrant recipient and 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 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 1) , state and local government services and transportation (Title ll ) , public accommodations (Title III) , and telecommunications (Title M . 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 FDLEri 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 19 Rule 11 D-9.006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 bySection 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. (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 may be given to local jails that operate "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 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 20 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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; 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 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 21 Rule 11 D-9. 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 42 . Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP) . To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs . Meaningful access may entail providing language assistance services , including oral and written translation when necessary. The U . S . Department of Justice has issued guidance to assist agencies to comply with Title VI requirements . The guidance document can be accessed on the Internet at www. lep. gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690 , or by writing to the following address : Office for Civil Rights Office of Justice Programs U . S . Department of Justice 810 Seventh Street NW, Eighth Floor Washington , DC 20531 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 22 Rule 11 D-9 . 006 OCJG - 005 (rev. April 2004) Application for Funding Assistance 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 ) : ✓ 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 ) : ✓ 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 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 . _i� 1 Z6 1 L (�1� Signature of Subgrantee Autho ed Official Type Name : Caroline D . Ginn Title : Chairman , Indian River Board of County Commissioners Subgrant Recipient: Indian River County Date : June 1 , 2004 FDLE Byrne Formula Grant Application Package Grant Application Section 11 -. Page 23 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) , Application for Funding Assistance 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 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 subgrant application for federal assistance is approved or face loss of federal funds . Signature of Implementing Ageno Authorized Official Type Name : Caroline D . Ginn Name of Subgrant Recipient: Indian River County Name of Implementing Agency: Indian River Board of County Commissioners Title : Chairman Date : June 1 , 2004 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 24 Rule 11 D-9 . 006 OCJG — 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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. « t Ate$ . n4 Of Signature : Typed Name and Title : Clayton H . Wilder, Community Program Administrator Date : niideS q Typed Name of Subgrant Recipient: Indian River Board of County Commissioners Signature : `r Typed Name and Title : Caroline D . Ginn , Chairman Date : June 1 , 2004 IL Typed Name of Implementin Agency: lndiani er County Board of County Commissioners Signature : Typed Name and Title : J on Brown Director Management and Bud et Date : FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 25 Rule 11 D-9.006 OCJG — 005 (rev. April 2004)