HomeMy WebLinkAbout2004-230 Application for Funding Assistance r �
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula grant P aM >"
Please read instructions before completing this applicati01 . JUN " 4 2004
• The term "Department" , unless otherwise stated , refers to the Department of Law Enforcen ignt, . �1 ' ,C:( � ��. TS
• 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 !?X OCJG
Continuation of Previous Subgrant? otYes ❑ No Project ID # Program Area #: CFDA M 16. 579
If Yes , enter CJ Contract # of Previous Subgrant — p 4,
SFY 2004 CJ Contract # SFY 2005 CJ Contract #
2004- CJ — J3 - 10- 40 - 01 - 060 2005 - CJ - - LO -0410
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
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
Address : 1840 25th Street Area Code / Phone #
772-5674000 x 1205
City, County, State , Zip Code: Vero Beach , Florida 32960-3365 SUNCOM #
224- 1205
E-mail Address: efry@.co . indian-river. fl . us Area Code / Fax #
772-770-5331
3. Implementing Agency
Name of Implementing Agency: Indian River County Sheriffs 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 : rraymondOiresheriff. orq Area Code / Fax #
772-569-8144
FDLE Byrne Formula Grant Application Package Grant Application
Section Il - 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 Pro ram
4. Project Director
Name of Project Director: Leroy Smith County
(Implementing Agency Employee) Indian River
Title: Lieutenant
Address: 405541st Avenue Area Code / Phone #
772-770-5203
City, County, State, Zip Code: Vero Beach , Florida 32960 SUNCOM #
N/A
E-mail Address: Ismith (@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@belisouth . net Area Code / Fax #
772-7704822
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. orq Area Code / Fax #
772-569-4520
7. Person Res _onsible For_Pro ammatic-Performance_ Re ortin _ if_ know
Name: Kimberly E . Dean County
Indian River
Title: Intelligence Analyst
Address: 4055 415` Avenue Area Code / Phone #
772-770-5200
City, County, State, Zip Code: Vero Beach , Florida 32960 SUNCOM #
N/A
E-mail Address: kdean (cDiresheriff.org Area Code / Fax #
772-569-4520
8. Service Provider Contact Person
Name: Kimberly E . Dean County
Indian River
Title : Intelligence Analyst
Address: 405541st Avenue Area Code / Phone #
772470-4520
City, County, State , Zip Code: Vero Beach , Florida 32960 SUNCOM #
N/A
E-mail Address : kdean (cDiresheriff. org Area Code / Fax #
772-569-4520
FDLE Byme Formula Grant Application Package GrantApplicadon
Section Il - 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 Pro ram
C. Administrative Data
1 . Project Title: Multi-Agency Criminal Enforcement Unit
2 . Identify the year of the project (I , II , III , etc. )
3. Project period Start: October 1 , 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 Prostram?
(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
Secdon p - 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 .
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 . The land
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-CQunty.
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 Fonnula Grant Application Package Grant Application
Section M - 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 Pro ram
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 Directors consist 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 .
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Rule 11 D-9.006 OCJG — 005 (rev. April 2004)
1 4
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 . Units primary focus is to concentrate more on long term investigations that may lead
to the arrest and apprehension of upper level drug dealers . This effort is enhanced by jointly
working with F . D . L. E . and the D . E .A. task force on these types of investigations. In addition to
focusing on the upper level drug dealers we are aggressively combating the street level distribution
of drugs also . By doing this we hope to severely affect the availability of illegal drugs to the street
level dealers for distribution .
The M .A. C . E . Unit conducted two Major Drug Investigations involving the use of Electronic Wire
Intercepts in 2002 . These investigations were conducted with the Florida Department of Law
Enforcement and led to the seizure of large quantities of cocaine and ecstasy. More than fifteen
individuals were charged with various drug trafficking statutes . In 2003 , the M .A. C . E . Unit
conducted one Electronic Wire Intercept that led to the arrest of approximately seven individuals
for sale , possession and or trafficking cocaine . In 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 uWit wi m-ntin_ate _o—cconoentr_ate 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 ll - Page 6
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
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)
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 marijuana 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 dangBrous drugs , LSD , PCP , barbiturates ,
amphetamines , etc. Part 'I - During this reporting period how many
grams of dangerous drugs were seized ?
02 . 06 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 ?
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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 . 07 To destroy 150 marijuana plants . Part 1 — During this reporting
period how many marijuana plants were destroyed ?
02 . 08 To conduct 150 drug related investigations . Part 1 — During this
reporting period , how many drug related investigations were
conducted ?
Project Specific Objectives
P0504001 To conduct 20 prescription fraud investigations . Part 1 — During this
this reportin period , how many prescription fraud investigations did
you conduct
P0504002 To arrest 15 offenders for prescription fraud . Part 1 — During this
reporting period , how many offenders did you arrest for prescription
fraud ?
P0504003 To seize 10 weapons during narcotic investigations . Part 1 — During
this reporting period , how many weapons did you seize during
narcotic investigations ?
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
4 . Activity Implementation Schedule . Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities , both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects . Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports . Make a detailed listing of key activities under the heading "Programmatic
Activities . " Your Quarterly Performance Reports will be reviewed against this schedule .
October 1 , 2004 - September 30, 2005
Subgrant 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 _ 0-4-- -- --- 05- [--- 05 - --- --- 0-5---- - - --
Arrest Drug Offenders X X X X X X X X X X X X
04 04 04 05 05 05 05 05 05 0505 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 05 05 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 04 04 05 05 05 05 05 05 05 05 05
Seize & Destroy Marijuana Plants X X X X X X X X X X X X
04 04 04 05 05 05 05 05 1 05 05 05 05
Conduct Manjuana/Crop X X X X X X X X X X X X
Manufacturing Investigations 04 1 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 05
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 $ 119250 . 00 $ 3 , 750 . 00 $ 15 ,000 . 00
Benefits
Contractual
Services
- -- ---
Bxpenses_-.--_ $ 86-,41-7A0--- --- -�$-28; 80fr. 00 ---
Operating Capital
Outlay
Indirect CostsMW
Totals $ 979667 . 00 $ 323556 . 00 $ 1301223 . 00
FDLE Byrne Fonnula Grant Application Package Grant Application
Section 11 - Page 10
Rule 11 D-9.006 OCJG — 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
[::ward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Budget Narrative
a . The Project Budget Narrative may reflect costs in any of the five budget categories
(Salaries and Benefits , Contractual Services , Expenses , Operating Capital Outlay
(OCO) , Indirect Costs) . The Total Project Costs should be included .
b . You must describe the line items for each applicable budget category for which you are
requesting subgrant funding . Provide sufficient detail to show cost relationships to
project activities . Reimbursements will only be made for items clearly identified in the
budget narrative .
c. Costs must not be allocated or included as a cost to any other federally financed
program .
Continue on additional pages if necessary . )
Please respond to the following five items before providing the details of the Budget Narrative .
1 . Source of match must be cash and represent no less than twenty-five (25) percent
of the project's cost.
a . Identify your specific sources of matching funds .
The 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
- --- —_ _ -- -------- im tementirr
p g-agerTc�trow wiltthe-match fse-tracked-aid verif�d .r(`Tfie-- -----
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 : If no , please explain . There will be no additional personnel
added .
Yes : XX If yes , please list number and title of position and type of
benefits . Salary and Benefits for nine officers .
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 .
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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°/x , WC . 06445 , and Retirement 18 . 53 %
Overtime Salaries $ 119250 . 00
FICA (7 . 65% ) $861 . 00
Workers Comp ( . 06445% $ 725 . 00
Retirement ( 18 . 53 % ) $2 , 164 . 00
Total Salaries and Benefits $ 159000 . 00
EXPENSES
LEASE VEHICLES
(Nine Lease Vehicles @ $ 565 . 00 per
month = $5 ,085 .00 x 12 Months = $61 ,020. 00
FACILITY EXPENSES $39600. 00
(Utilities, facility cleaning etc.)
COMMUNICATIONS $ 12 ,000. 00
(Office phones, pagers, cellular phones, Sun Net, Auto Track, & Accurint.)
PROJECT EXPENSES $45000.00
(Office supplies, materials, uniforms, batteries, films and any additional items needed for the project.)
TRAVEL & PROFESSIONAL
DEVELOPMENT $ 8 ,000. 00
OFFICE RENT $262603 . 00
TOTAL BUDGET $ 1304,223 .00
FDLE Byrne Formula Grant Application Package Grant Applicat/on
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
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 CircularA-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 Justice Common Rule for State and Local Governments, or OMB CircularA- 110 and Florida
law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports
( 1 ) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports
to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination
date. In addition, if the subgrant award period is extended beyond the "original" project period ,
additional Quarterly Project Performance Reports shall be submitted .
Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result
in sanctions , as specified in item 16 of Section G, performance of Agreement Provisions.
— ---- - (2) ReportContents;— Performance-reports-mustinclude both- requiredsections,- thequantitative respons
(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.
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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
JusbwCommorvRule-forStatu-wd oc t ovG emments A- vd arcaun ing s a be prow a to—asubgrant
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.
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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 contracts compliance with requirements found in the OJP Financial Guide, U.S. Department
of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Departments
approval of the subgrant recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a . The subgrant recipient agrees to use all non-expendable 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 and managements
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.
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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 Circular A- 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
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negligence of either of them , the subgrant recipient shall not be deemed in default, unless :
( 1 ) Supplies or services to be fumished 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 Departments decision, the appeal also shall be made in writing within
twenty-one (21 ) calendar days to the Departments clerk (agency clerk). The subgrant recipients right to
appeal the Departments decision is contained in Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28- 106 . 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative of the
Department, of the U .S. Department of Justice, or the Auditor General of the State of Florida , have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida , the U .S. Department of
Justice, the U . S. Comptroller General or any of their duly authorized representatives, shall have access
to books, documents, papers and records of the subgrant recipient, implementing agency and contractors
for the purpose of audit and examination according to the OJP Financial Guide, and the U .S. Department
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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-laws the- provisions of- Chapter-435,Florida- Statutes-shalUapp .
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
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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, DrugCourts 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 with Sections 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria , they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient
is responsible for the continued adherence to the regulation governing the operation of the system or faces
the loss of federal funds. The Department's approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read, understands,
and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds . The signed certification must be submitted at the time of grant application .
33. Equal Employment Opportunity (EEO)
a . No person , on the grounds of race , creed, color or national origin shall be excluded from participation in ,
be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title A
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 .
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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 Pian 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 11 ), public accommodations (Title III ), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U .S.C. Section 1324a(e), Section
274A(e) of the Immigration and Nationality Act ("INA"). The Department 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 provision�s-centai:mA.. in_Sectiort274A(e)_oLtheANA_shalitELgrounds-for-unilateral._
cancellation of this contract by the Department.
36. National Environmental Policy Act (NEPA)
a . The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following
new activities whether or not they are being specifically funded with these subgrant funds . That is, it
applies as long as the activity is being conducted by the subgrantee or any third party and the activity
needs to be undertaken in order to use these subgrant funds,
( 1 ) New construction ;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation , lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example,
in office, household , recreational , or educational environments.
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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, Tide 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-submitthe-standard fomr, Diselosureof Lobbying-Activiti— accordingto-itsinstructions
(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
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with this condition, which provides for individual site environmental assessmentrimpact 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-gkalifiedi po-sal contractors to_remove_alLchemicals_ and.assoclated 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 Byme Formula Grant Application Package Grant Application
Section U - 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
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 Fonnula Grant Application Package Grant Application
Section U - Page 23
Rule 1 t 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
1, 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 .
Signature of Subgrantee Auth zed Official
Type Name : Caroline D . Ginn
Title : Chairman
- - -Subgrant- Recipient Indian- River- Board of- CountwEommisioner --- - -
Date: lune 1 , 2004
FDLE Byrne Formula Grant Application Package Grant Application
Section 11 - Page 24
Rule 11 D-9.006 OCJG — 005 (rev. April 2004)
• y
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 .
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 Impt4nenting #geAc- y'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 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 Memorial State and Local Law Enforcement Assistance Formula Grant Program
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
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Signature:. QPC'
Typed Name and Title: Clayton H . Wilder, Communi!y Program Administrator
Ll
Date :. A
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Typed NameofSubgrant Recipient: IndianBoard / County Commissioners
Signature: c7wd��VA
• • Name andCaroline
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• 11 • • 11 • 11