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HomeMy WebLinkAbout2005-217B Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrantee Organization Organization Name : Indian River County Board of Commissioners County Organization is Located In : Indian River FEID OR SAMAS : 59-6000674 Chief Official Position Name : Thomas Lowther Title : Chairman Address : 1840 - 25 Street City : Vero Beach State : FL Zip : 32960 Email : sacirc@bellsouth . net Phone : 772-567-8000 Ext : 1490 Fax : 772- 770-5334 Suncom : Chief Financial Official Position Name : Diane Bernardo Title : Finance Director Address : 1840 - 25Street City : Vero Beach State : FL Zip : 32960 Email : sacirc@bellsouth . net Phone : 772-567-8000 Ext : 1205 Fax : 772-770- 5331 Suncom : Application Ref # 2006-JAGC-223 Section # 1 Page 1 of 2 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement • Justice Assistance Grant - County-wide Implementing Agency Organization Organization Name : Indian River County Sheriffs Office County Organization is Located In : Indian River FEID OR SAMAS : 59-6000674 Chief Official Position Name : Roy Raymond Title : Sheriff Address : 4055 - 41 Avenue City : Vero Beach State : FL Zip : 32960 Email : SACIRC@BELLSOUTH . NET Phone : 772- 569-6700 Ext : Fax 772- 569 -8144 Suncom : Project Director Position Name : Roy Raymond Title : Sheriff Address : 4055 - 41 Avenue City : Vero Beach State : FL Zip : 32960 Email : SACIRC@BELLSOUTH . NET Phone : 772-569 -6700 Ext : Fax 772 - 569 -8144 Suncom : Application Ref # 2006-JAGC-223 Section # 1 Page 2 of 2 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title : MULTI -AGENCY CRIMAL ENFORCEMENT UNIT Project Sequence No : 0 Subgrantee : Indian River County Board of Commissioners Implementing Agency : Indian River County Sheriffs Office Project Start Date : 10/ 1 /2005 End Date : 9/30/2006 Problem Identification Indian River County is located on the eastern seaboard of Florida and represents 543 square miles of total land mass . According to the 2003 Census the population of Indian River County is 120 , 271 . During the tourist season the population increases to well over 130 , 000 people . The western portion of the county is predominately agricultural and the east is bordered by 22 nautical miles of the Atlantic Ocean . The undeveloped and isolated land areas to the west are ripe for the illegal cultivation of marijuana as well as clandestine methamphetamine production that is currently sweeping across the state of Florida . The available waterway routes for importation makes illicit activity attractive to the criminal element trafficking illegal narcotics into our communities . The law enforcement community of Indian River County estimates that over 50 percent of all crimes are attributed to drug abuse . Drug arrests for both sales and possession continue to increase throughout the entire county . Drug offenders are not constrained by any borders ; they cross jurisdictional boundaries every day to buy, sell , and manufacture illegal drugs . Over the past year, in addition to street level sales of marijuana and cocaine , there has been a marked increase in the illegal diversion of prescription medications such as methadone and oxycodone . In 2004 the Multi-Agency Criminal Enforcement Unit seized 676 grams of dangerous drugs , an increase of over 350 % above the unit? s annual goal of 150 grams . Application Ref # 2006-JAGC-223 Section #2 Page 1 of 2 Contract -JAGC- INRI- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Project Summary The Multi-Agency Criminal Enforcement Unit ( M .A . C . E . ) is comprised of law enforcement officers from the Indian River County Sheriffs Office , the Vero Beach Police Department and the Sebastian Police Department . The M . A . C . E . Unit focus is two-fold , conduct investigations and gather intelligence that leads to the arrest and conviction of major drug suppliers , thus limiting the availability of illegal drugs to the street level dealers . Secondly , aggressively combat the street level distribution of drugs that deteriorate the quality of life for the citizens of Indian River County . Activities of the unit are overseen by a governing board that meets on a bi - monthly basis . The Board is comprised of the Sheriff and Undersheriff of Indian River County , the Chiefs of Police of the City of Vero Beach and the City of Sebastian , and the Captain of the Criminal Investigations Division of the Indian River County Sheriffs Office . 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 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 such as telephones , computers , and office supplies . No JAG/Byrne Grant dollars are utilized for the funding of confidential informants or drug buys . Indian River County's agricultural acreage makes an enticing target for the illicit growth and cultivation of marijuana . Members of the M .A . C . E . Unit routinely conduct marijuana eradication investigations with the assistance of the Drug Enforcement Administration ( D . E .A . ) , Florida Department of Law Enforcement ( F . D . L . E . ) , and the Office of Agricultural Law Enforcement (O .A . L . E ) . The M .A . C . E . Unit assigns one detective to the Drug Enforcement Administration Task Force . This detective has received extensive additional training to enable the federal prosecution of major drug suppliers . He has also been cross-trained and equipped to safely respond and dismantle clandestine methamphetamine labs that are located within the region . The M .A . C . E . Unit also assigns one detective to investigate diversion and fraud involving illegally obtaining prescription medications . These investigations have resulted in multiple arrest and convictions . Application Ref # 2006-JAGC-223 Section #2 Page 2 of 2 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info : Performance Reporting Frequency for this Subgrant : Quarterly Application Ref # 2006-JAGC-223 Section #3 Page 1 of 4 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Federal Purpose Area : 001 - Law Enforcement Programs State Purpose Area : 002 - Multi -jurisdictional Task Force Activity Description : Activity : Law Enforcement Target Group : Other Geographic Area : County-Wide Location Type : County-Wide Target Group Questions : Please provide the name of the target group . Drug Traffickers Objective : 002 . 01 - Arrest a specified number of offenders for the commission of drug offenses . Measure : Part 1 How many offenders will be arrested for drug offenses? Goal : 200 Objective : 002 . 02 - Seize a specified number of grams of powdered or crack cocaine . Measure : Part 1 How many grams of powder or crack cocaine will be seized ? Goal : 2500 Objective : 002 . 03 - Seize a specified number of pounds of marijuana , excluding marijuana plants seized through eradication operations . Measure : Part 1 How many pounds of marijuana , excluding marijuana plants seized through eradication operations , will be seized ? Goal : 50 Objective : 002 . 04 - Seize a specified number of grams of dangerous drugs , LSD , PCP , barbiturates , amphetamines , etc . Application Ref # 2006-JAGC-223 Section #3 Page 2 of 4 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice. Assistance Grant - County-wide I Measure : Part 1 How many grams of dangerous drugs will be seized ? Goal : 400 Objective : 002 . 05 - Arrest a specified number of offenders for cultivation and/or manufacturing of marijuana during the grant period . Measure : Part 1 How many offenders will be arrested for cultivation and/or manufacturing of marijuana ? Goal : 10 Objective : 002 . 06 - Destroy a specified number of marijuana plants . Measure : Part 1 How many marijuana plants will be destroyed ? Goal : 150 Objective : 002 . 07 - Conduct a specified number of drug related investigations . Measure : Part 1 How many drug related investigations will be conducted ? Goal : 200 Application Ref # 2006-JAGC-223 Section #3 Page 3 of 4 Contract -JAGC- INRI - - - mom Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions : If "other" was selected for the geographic area , please describe . Ans : Indian River County If 'other" was selected for location type , please describe . Ans : Application Ref # 2006-JAGC-223 Section #3 Page 4 of 4 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info : Note : All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization . Financial Reporting Frequency for this Subgrant : Monthly Is the subgrantee a state agency? : No SAMAS / Vendor Number: 59-6000674 Budget : Budget Category Federal Match Total Salaries and Benefits $ 5 , 000 . 00 $0 . 00 $ 5 , 000 . 00 Contractual Services $0 . 00 $ 0 . 00 $0 . 00 Expenses $73 , 743 . 00 $0 . 00 $73 , 743 . 00 Operating Capital $0 . 00 $0 . 00 $0 . 00 Indirect Costs $0 . 00 $0 . 00 $ 0 . 00 -- Totals -- $789743 . 00 $ 0 . 00 $ 78 , 743 . 00 Percentage 100 . 0 0 . 0 100 . 0 Project Generated Income : Will the project earn project generated income ( PGI ) ? : Yes Application Ref # 2006-JAGC-223 Section #4 Page 1 of 3 Contract -JAGC-INRI- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative : Indian River County has deceided to include a 25 % match for this program . The total match is $26 , 248 . The funding for this match is from the Indian River County' s General Revenue Fund . The total program budget is $ 104 , 991 . Salaries and Benefits Overtime with related benefits for twelve M .A . C . E . Unit personnel Benefits include FICA, Workers Compensation , and Retirement . These benefits are calculated at the following rates FICA 7 . 65 % , WC 4 .487 % , and Retirement 18 . 53 % OVERTIME SALARIES $ 3 , 826 . 52 FICA ( 7 . 65 % ) $292 . 73 Workers Comp (4 . 487 ) $ 171 . 70 Retirement ( 18 . 53 % ) $709 . 05 TOTAL SALARIES & BENEFITS $ 5 , 000 . 00 EXPENSES LEASE VEHICLES $38 , 089 . 00 ( Unmarked Lease Vehicles ) FACILITY EXPENSES $ 35960 . 00 ( Utilities , facility cleaning etc . ) COMMUNICATIONS $ 12 , 000 . 00 (Office phones , cellular phones , and sun-com telephone line . ) PROJECT EXPENSES $2 , 000 . 00 ( Office supplies , materials , uniforms , batteries , films and any additional items needed for the project . ) TRAVEL & PROFESSIONAL DEVELOPMENT $6 , 485 . 00 OFFICE RENT $ 37 , 457 . 00 TOTAL BUDGET $ 104 , 991 . 00 Application Ref # 2006-JAGC-223 Section #4 Page 2 of 3 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide i Section Questions : 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 previous Byrne program ? Ans : No Indicate the Operating Capital Outlay threshold established by the subgrantee . Ans : 1000 If indirect cost is included in the budget, indicate the basis for the plan ( e . g . percent of salaries and benefits ) , and provide documentation of the appropriate approval of this plan . Ans : No indirect costs are associated with this grant . If the budget includes services based on unit costs , provide a definition and cost for each service as part of the budget narrative for contractual services . Include the basis for the unit costs and how recently the basis was established or updated . Ans : Not applicable . Application Ref # 2006-JAGC-223 Section #4 Page 3 of 3 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Insert Standard Conditions Page here . Application Ref # 2006-JAGC-223 Section #5 Page 1 of 1 Contract -JAGC- INRI - - - Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement Standard Conditions 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 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance 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 . Further, the Subgrant Recipient agrees to comply with all Federal statutes , regulations , policies , guidelines and requirements , including OMB Circulars A-21 , A-110 , A-1029 A- 1229 AA331 A-87 , as applicable ; E . O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66 , Common Rule and Part 67 , Drug -free Workplace. 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 Justice Common Rule for State and Local Governments , or OMB Circular A- 110 , or OMB Circular A- 102 , 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 the Florida Department of Law Enforcement, hereafter known as the Department, 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 , 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 . SFY 2006 Page 1 Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program Florida Department of Law Enforcement Other Reports : The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department . b . Financial Reports ( 1 ) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department . Monthly Project Expenditure Reports ( 1 - 11 ) are due thirty-one (31 ) days after the end of the reporting period . Quarterly Project Expenditure 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 Project Expenditure Report and a Criminal Justice Contract ( Financial ) Closeout Package shall be submitted to the Department within forty- five (45 ) days of the subgrant termination period . Such claim shall be distinctly identified as "final " . (2 ) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ ) . A subgrant recipient shall submit either monthly or quarterly project expenditures 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 . (4 ) Before the "final " project expenditure request 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 the Department 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 9 , Program Income . ) c . Other Reports The subgrant recipient shall submit other reports as may be reasonably required by the Department . 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 the Department. b . All expenditures and cost accounting of funds shall conform to OJP Financial Guide ( as amended ) , 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 , or A- 102 as applicable , in their entirety. c . All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient . SFY 2006 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 5 . Payment Contingent on Appropriation and Available Funds The State of Florida 's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature . Furthermore , the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds . 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 Departmenf. This request, 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 . Travel and Training a . All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel . 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 . 9 . 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 ) . 10 . Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs ) for an eight-hour day . Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U . S . Department of Justice Common Rule for State and Local Governments , and in applicable state statutes . The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts . 11 . 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 Circular A- 110 or A- 102 , as applicable . This obligation SFY 2006 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement . 12 . 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 ( as amended ) , and the U . S . Department of Justice Common Rule for State and Local Governments , or the federal OMB Circular A- 110 or A- 102 , as applicable . 13 . 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 . 14 . Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20 ) days prior to public release . Any publications (written , visual , or sound ) , whether published at the recipient' s or government's expense , shall contain the following statement : ( NOTE : This excludes press releases , newsletters , and issue analysis . ) "This project was supported by grant funds awarded by the Bureau of Justice Assistance , Office of Justice Programs , U . S . Department of Justice . Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U . S . Department of Justice . " 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 . 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 . SFY 2006 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 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 $ 500 , 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 the Department 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 the Department , 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 SFY 2006 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement or contractual capacity, fires , floods , epidemics , quarantine restrictions , strikes , freight embargoes , and unusually severe weather, but in every case , the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient . b . If failure to perform is caused by failure of a consultant to perform or make progress , and if such failure arises out of causes beyond the control of subgrant recipient and consultant , and without fault or negligence of either of them , the subgrant recipient shall not be deemed in default , unless : ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources , (2 ) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources , and (3 ) The subgrant recipient failed to reasonably comply with such order . c . Upon request of the subgrant recipient , the Department shall ascertain the facts and the extent of such failure , and if the Department determines that any failure to perform was occasioned by one or more said causes , the delivery schedule shall be revised accordingly. 19 . 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 . 20 . 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 . SFY 2006 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 21 . 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 . 22 . 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 (as amended ) , and the U . S . Department of Justice Common Rule for State and Local Governments . b . The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient , implementing agency , or contractor refuses to allow public access to all documents , papers , letters , or other materials subject to provisions of Chapter 119 , Florida Statutes , and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 23 . 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 . 24 . Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official , Administrator or Designated Representative , who sign the 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 , and Performance Reports , with the exception of the Financial and Closeout Package , which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee . 25 . 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 . 26. 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 Department must be notified in writing with documentation to include appropriate signatures . 27 . 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 SFY 2006 Page 7 Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program Florida Department of Law Enforcement 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 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 . 28 . Drug Court Projects a . A Drug Court Project funded by the JAG 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 . 29 . 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 . 30 . 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 . SFY 2006 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 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 . 31 . 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 . 32 . 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 . 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 Actor 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 . SFY 2006 Page 9 Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program Florida Department of Law Enforcement 33 . 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) . 34 . 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 . 35 , National Environmental Policy Act ( NEPA) a . The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee . This applies to the following new activities whether or not they are being specifically funded with these subgrant funds . That is , it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds , ( 1 ) New construction ; (2 ) Minor renovation or remodeling of a property either (a ) listed on or eligible for listing on the National Register of Historic Places or ( b ) located within a 100 -year flood plain ; (3 ) A renovation , lease , or any other proposed use of a building or facility that will either (a ) result in a change in its basic prior use or ( b ) significantly change its size ; and (4 ) Implementation of a new program involving the use of chemicals other than chemicals that are (a ) purchased as an incidental component of a funded activity and ( b ) traditionally used , for example , in office , household , recreational , or educational environments . b . For any of a subgrantee ' s existing programs or activities that will be funded by these subgrants , the subgrantee , upon specific request from the Department and the U . S . Department of Justice , agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity . 36. 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 . 37 . 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 . SFY 2006 Page 10 low Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program Florida Department of Law Enforcement 33 . 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 111 ) , and telecommunications (Title IV ) . 34 . 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 . 35 . National Environmental Policy Act ( NEPA) a . The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee . This applies to the following new activities whether or not they are being specifically funded with these subgrant funds . That is , it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds , ( 1 ) New construction ; (2 ) Minor renovation or remodeling of a property either (a ) listed on or eligible for listing on the National Register of Historic Places or ( b ) located within a 100-year flood plain ; (3 ) A renovation , lease , or any other proposed use of a building or facility that will either (a ) result in a change in its basic prior use or ( b ) significantly change its size ; and (4 ) Implementation of a new program involving the use of chemicals other than chemicals that are ( a ) purchased as an incidental component of a funded activity and ( b ) traditionally used , for example , in office , household , recreational , or educational environments . b . For any of a subgrantee ' s existing programs or activities that will be funded by these subgrants , the subgrantee , upon specific request from the Department and the U . S . Department of Justice , agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity . 36 . 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 . 37 , 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 . SFY 2006 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement b . This certification is a material representation of fact upon which reliance was placed when this agreement was made . Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352 , Title 31 , United States Code . Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each failure to file . c . The undersigned certifies , to the best of his or her knowledge and belief, that : ( 1 ) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress , an officer or employee of congress , or an employee of a member of congress in connection with the awarding of any federal loan , the entering into of any renewal , amendment , or modification of any federal contract , grant , loan or cooperative agreement . (2 ) If any non -federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress , or an employee of a member of congress in connection with this federal contract, grant loan , or cooperative agreement , the undersigned shall complete and submit the standard form , Disclosure of Lobbying Activities , according to its instructions . (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. 38 . State Restrictions on Lobbying In addition to the provisions contained in Item 38 , above , the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract . 39. " 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 . 40 . Mitigation of Health , Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition , which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act . a . General Requirement: The subgrantee agrees to comply with Federal , State , and local environmental , health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals , equipment, and wastes used in or resulting from the operation of these laboratories . b . Specific Requirements : The subgrantee understands and agrees that any program or initiative involving the identification , seizure , or closure of clandestine methamphetamine laboratories can result in adverse health , safety and environmental impacts to ( 1 ) the law SFY 2006 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 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 . SFY 2006 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 41 . 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 42 . The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act ( P . L . 97-348 ) dated October 19 , 1982 ( 16 USC 3501 et seq . ) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System . 43 . Enhancement of Security If funds are used for enhancing security , the subgrant recipient agrees to : ( a ) have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken ; ( b ) conduct such an assessment with respect to each such enhancement; and , submit to the Department the aforementioned assessment in its Final Program Report . 44 . Environmental Protection Agency' s ( EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership , lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA' s list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA . 45 . Flood Disaster Protection Act The subgrantee will comply with Section 102 ( a ) of the Flood Disaster Protection Act of 1973 , Public Law 93-234 , 87 Stat . 975 , requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards . 46. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470 ) , Executive Order 11593 , and the Archeological and Historical Preservation Act of 1966 ( 16 USC 569a- 1 et seq . ) by ( a ) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800 . 8 ) by the activity, and notifying the Department of the existence of any such SFY 2006 Page 13 Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program Florida Department of Law Enforcement properties and by ( b ) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties . 47 . Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors , with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 , as amended ; the Juvenile Justice and Delinquency Prevention Act , or the Victims of Crime Act; as appropriate ; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants , M7100 . 1 ; and all other applicable State and Federal laws , orders , circulars , or regulations . 48 . Public Safety Officers ' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers ' Health Benefits Provision of the Fiscal Year 2002 , Departments of Commerce , Justice , and State , the Judiciary, and Related Agencies Appropriations Act ( Pub . L . No . 107-77 ) and agrees to remain in compliance during the life of the grant . This provision requires that the unit of local government which employs a public safety officer ( as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 , as amended ) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction . If the recipient demonstrates noncompliance during the life of the grant , 10 percent of the award amount must be returned to the grantor . SFY 2006 Page 14 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide r' Insert Certifications and Authorizations here . Application Ref # 2006-JAGC-223 Section #7 Page 1 of 1 Contract -JAGC- INRI - - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide di In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date , month and year set out below . Corrections on this page , including Strikeovers , whiteout, etc . are not acceptable . State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature : Typed Name and Title : Date : Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman , Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Indian River County Signature : i Typed Name and Title : Thomas S . Lowther , Chairman Date : June 21 , 2005 Implementing Agency, Official , Administrator or DesignatedRepresentative' Typed Name of Implementing Agency : INDIAN RIVER COUNTY SHERIFF ' S OFFICE Signature : Typed Name and Title : Roy aymond , Sheriff Date : 6 - 17 - 05 Application Ref # 2006-JAGC-223 Section #6 Page 1 of 1 Contract -JAGC-INRI - - - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that the Subgrantee ( Subgrant Recipient) . . . (Select one of the following ) : X Meets Act Criteria Does not meet Act Criteria 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 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 subgra t applicatio =- Signature sistance is approved or face loss of federal funds . of Subgrantee Authorized Official Type Name : Thomas Lowther Title : Chairman Subgrant Recipient : Indian River Board of County Commissioners Date : FDLE JAG Grant Application Package EEO Certification Page 1 of 2 (April 2005 ) CERTIFICATION REGARDING LOBBYING ; DEBARMENT , SUSPENSION , AND OTHER RESPONSIBILITIY MATTERS ; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U . S . DEPARTMENT OF JUSTICE , OFFICE OF JUSTICE PROGRAMS , OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING ; DEBARMENT , SUSPENSION , AND OTHER RESPONSIBILITY MATTERS ; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest, Applicants should also review the instructions for certification included in the regulations before completing this form . Signature of this form provides for compliance with certification requirements under 28 CFR Part 69 , " New Restrictions on Lobbying " and 28 CFR Part 67 , "Government-wide Debarment and Suspension ( Non- procurement) and Government-wide Requirements for Drug - Free Workplace (Grants)" . The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction , grant, or cooperative agreement. ( b) Have not within a three-year period preceding this application 1 . LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U . S . Code, and implemented at 28 obtaining, attempting to obtain , or performing a public (Federal , State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $ 100,000 , as defined at 28 CFR Part 69 , the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid , by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal , State, or local ) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph ( 1 ) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification ; and grant or cooperative agreement; (d) Have not within athree-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local ) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; application . (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS ) subrecipients shall certify and disclose accordingly. As required by the Drug-Free Workplace Act of 1988 , and 2. DEBARMENT, SUSPENSION , AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67. 615 and 67 . 620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- free workplace by: As required by Executive Order 12549, Debarment and Suspension , and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67. 510 - manufacture, distribution , dispensing, possession , or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals : specifying the actions that will be taken against employees for violation of such prohibition ; (a) Are not presently debarred , suspended , proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1 ) The dangers of drug abuse in the workplace ; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation , and employee assistance programs ; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE JAG Grant Application Package Lobbying Debarment Suspension and Drug-Free Workplace Certification Page 1 of 2 (April 2005) CERTIFICATION REGARDING LOBBYING ; DEBARMENT , SUSPENSION , AND OTHER RESPONSIBILITIY MATTERS ; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward B me Memorial Justice Assistance Grant Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1 ) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67. 630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061 /7. ATTN : Control Desk, 633 Indiana Avenue, N .W . , Washington , D . C. 20531 . Notice shall include the identification number(s) of each affected grant; Check here If the State has elected to complete OJP Form aosln . (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2) , with respect to any employee who is so convicted- ( 1 ) Taking appropriate personnel action against such an employee, up to and DRUG -FREE WORKPLACE including termination , consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67 , Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal , at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (g) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, distribution , dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d ), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction , in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) Department of Justice , Office of Justice Programs, ATTN : Control Desk, 633 Indiana Avenue , N .W . , Washington , D . C. 20531 . As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications . 1 . Grantee Name and Address : Indian River Board of County Commissioners 1840 25 Street Vero Beach , Florida 32960 2 . Project Name : Multi- Agency Criminal Enforcement Unit 3 . Typed Name and Title of Authorized Representative : Thomas Lowther 4 . Signature : 5 . Date : FDLE JAG Grant Application Package Lobbying Debarment Suspension and Drug-Free Workplace Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that this Implementing Agency . . . (Select one of the following) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Implementing Agency meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Implementing Agency . . . (Select one of the following) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan , federal law requires it to formulate , implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds . Signature of Impl menting g cy uthorized Official Type Name : Roy Raymond Name of Subgrant Recipient: Indian River County Board of County Commissioners Name of Implementing Agency : Indian River County Sheriff' s Office Title : Sheriff Date : 10 A0, fl j FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005)