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HomeMy WebLinkAboutUS Department of Justice-Grant Application-12.18.2006 Drug Diversion Enforcement Initiative Byrne-JAG/1Vlethamphetamine Hot Spots Program PART A - GENERAL INFORMATION APPLICATION FOR ASSISTANCE Applicant Identifier (Completed by ODCP) (stamp date received by ODCP) Applicant Information 1. Legal Applicant,Address, Phone & Fax #s: 2A. Organization/Division: City of Waterloo, Iowa City Hall 715 Mulberry Street 2B. Program Director: Name, Address, Phone Waterloo, Iowa 50703 And Fax Numberschief Thomas J. Jennings (319) 291-4339 Waterloo Police Dept. (319) 291-4332-fax 715 Mulberry St. 2C. Fiscal Officer: - Name earniCf oI e a 50703 Diane Kastler (319) 291-4339 3. Employer's (9-Digit) ID Number 4. Level of Government: A. State 4 2 - 6 0 0 5 3 2 7 County 46, Municipal D. Township 5A. 2006 Byrne-JAG/Hotspots Task Force Grant #06-A • E. State controlled institution F. Other 5B. Requested Funding: a. Federal $4,979.00 6A. Total population of affected Project b. Match 1.659.00 Area:(cities, counties, statewide, etc.) c. Total $6,638.00 190,000 6B. Descriptive Title of Project Byrne-JAG Methamphetamine Hot Spots To the best of my knowledge and belief, all data in this application is true and correct,the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurances if the assistance is awarded. 7. Signature- Applica & date 8. Signature - Program Director& date Timothy J. Hurley Thomas J. Jennings Typed -Legal Applicant's Name Typed-Program Director's Name Mayor, City of Waterloo Chief, Waterloo Police Department Legal Applicant Title Program Director's Title 3 PART B — Budget: OVERTIME: Describe how OT will be utilized to accomplish the project described in Part C, list overtime rate(s) and the number of overtime hours to be worked. Participants need not be full-time task force officers. Overtime will be used to assign agents to investigate diversion crimes and join with a pre-existing multi-county wide system of approximately thirty-five pharmacies that have a hot line alert system already in place. This system identifies potential abusers of prescription drugs, possible meth precursor purchasers, prescription forgers or "doctor shoppers" within the regional area. Title CST Rate Hours Total WPD Sergeant $41.16 30 $1,235.00 WPD Inv. $36.28 30 $1,088.00 WPD Inv. $36.28 30 $1,088.00 CFPD Inv. $29.18 30 $ 875.00 BHCSO Inv. $:34.52 30 $1,036.00 Bremer Cty. Inv. $35.80 10 $ 358.00 Waverly PD $28.94 10 $ 289.00 LaPorte City PD $24.75 10 $ 248.00 Hudson PD $15.00 10 $ 150.00 Evansdale PD $27.08 10 $ 271.00 Total $6,638.00 Total Funding $6 638.00 Federal Funding Requested $4,979.00 25% Cash Match $1,659.00 CASH MATCH: Describe in detail the source of cash match for this project. The minimum match requirement is 25% of`TOTAL FEDERAL AND MATCH" column Cash Match will come from the forfeiture funds of the Tri-County Drug Enforcement Task Force. 4 PART C - PROJECT INFORMATION Project Information Maximum of one (1) page, in twelve (12) point font with one half(1/2) inch margins. 12 Prosecutors from the participating jurisdictions have been consulted and intend to prosecute resulting cases as appropriate. (check box) Ex Investigative/intelligence information resulting from this enforcement initiative will be shared with the counterdrug analysts assigned to your area for regional and statewide analysis. (check box) 30 Number of Meth Labs Reported to EPIC through the Division of Narcotics Enforcement (January 2006-November 2006) 2 Number of counties involved in the enforcement initiative. 35 Estimated number of pharmacies involved in the project. Briefly outline your investigative plan for this project. (Maximum of one page) ** See Page 6 ** 5 INVESTIGATIVE PLAN Agents assigned to this project will join with a pre-existing multi-county wide system of approximately thirty-five pharmacies that have a hot line alert system already in place. This system identifies potential abusers of prescription drugs, possible meth precursor purchasers, prescription forgers or "doctor shoppers" within the regional area. As a list of abusers is compiled and potential targets are identified, the full resources of the Tri-County Drug Enforcement Task Force in conjunction with the Iowa National Guard Counterdrug analyst system will be utilized. This strategy will include previously obtained intelligence information as well as new intelligence gathered, using software systems to identify the most frequent or flagrant abusers. Once the potential abusers are identified, surveillance and investigative resources will be allocated to secure evidence for search warrants, indictments and prosecution of the individual or criminal enterprise co-conspirators. The agents will be responsible for statistics generated as a result of the project including individuals charged and prosecuted under authority of the cooperative project investigations, amounts of precursors and prescriptions drugs seized, additional illegal drugs seized and any and all proceeds of the target investigations. It is anticipated that as a result of the cooperative effort between law enforcement agents and the private business sector, new alliances and additional intelligence sources will be forged. This will assist in the continuing battle to control the influx of controlled substance abuse. These alliances will continue to provide benefits for the individual drug enforcement agents and agencies and the private business sector long into the future if properly maintained and cultivated. 6 PART D - CERTIFIED ASSURANCES Drug Diversion Enforcement Initiative NON-SUPPLANTING The applicant assures that federal funds made available under this formula grant will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for Byrne-JAG/Methamphetamine Hotspots project activities. MATCHING FUNDS The applicant assures that matching funds required to pay the non-federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for criminal justice activities by the recipients of grant funds and shall be provided on a project-by-project basis. RECORD KEEPING The applicant assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the Governor's Office of Drug Control Policy shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received. REPORTING The applicant assures that it shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Governor's Office of Drug Control Policy may reasonably require to administer the program. NONDISCRIMINATION . The applicant assures that it will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 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; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C,D,E, and G; and Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60.1 et. seq., as applicable to construction contracts. FINDINGS OF DISCRIMINATION The applicant assures that in the event a federal or state court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, disability, age, or sex against a recipient of funds, the recipient will forward a copy of the finding to the Governor's Office of Drug Control Policy. 7 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM The applicant assures that if required to formulate an Equal Opportunity Program (EEOP), in accordance with 28 CFR 42.301 et. seq., it will submit a certification that it has a current EEOP on file which meets the applicable requirements. A copy of the EEOP must be submitted to the Department of Justice,Office of Civil Rights. FINANCIAL AND ADMINISTRATIVE GUIDE The applicant assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants". COMPLIANCE WITH FEDERAL PROCEDURES The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. AUDIT REQUIREMENTS The applicant assures that it will provide for an independent audit report on an annual basis as required by OMB Circular A-133 and the OJP Financial Guide which states: a. Non-Federal entities that expend $500,000 or more in Federal funds (from all sources including indirect recipients) in the organization fiscal year (12 month turnaround reporting period) shall have a single organization-wide audit conducted in accordance with the provisions of OMB Circular A-133. b. Non-Federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials including the United States Department of Justice, Governor's Office of Drug Control Policy, and General Accounting Office. FEDERAL FUNDS ACKNOWLEDGMENT The applicant assures that when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds for the projects or program. 8 METHAMPHETAMINE MITIGATION a. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; b. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; c. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; d. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; e. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s)of each seized laboratory; f. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; g. Monitor the transport, disposal and recycling components of subparagraphs number 5 and 6 immediately above in order to ensure proper compliance; h. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and i. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified persons who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up tests, examinations, or health care made necessary as a result of methamphetamine toxicity. CERTIFICATION I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;that all the information presented is correct;and the application will comply with the provisions of the Act and all other federal laws,regulations,and guidelines. By appropriate language incorporated in each subcontract or other document under which funds are to be disbursed,the undersigned shall assure the applicable conditions above apply to all recipients of assistance. Signature - Program Director Signa - Legal plicant 8 - 04 Date Date 9 CIVIL RIGHTS REQUIREMENTS INFORMATION 1. Civil Rights Contact Person: David Meeks 2. Title/Address: Director. • 620 Mulberry Street Waterloo, Iowa 50703 3. Telephone Number: (319) 291-44.41 4. Number of persons employed by the agency responsible for administering this grant: 117 10 civilian 10 US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, participants' responsibilities. The regulations were published as Part VIII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in the certification, such prospective participant shall attach an explanation to this proposal. Timothy J. Hurley Name and Title of Authorized Representative Signature Date City of Waterloo, Iowa Waterloo Police Department Name of Organization 715 Mulberry Street, Waterloo, Iowa 50703 Address of Organization 11 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 12 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Grantees Other Than Individuals This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,28 CFR Part 67, Subpart F. The regulations,published in the May 25,1990 Federal Register,require certification by grantees,prior to award,that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments,suspension or termination of grants,or government wide suspension or debarment(see 28 CFR Part 67,Sections 67.615 and 67.620). The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph(a) that,as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement;and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 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 including termination;,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c),(d),(e)and(f). Place(s) of Performance: The grantees shall insert in the space provided below the site(s)for the performance of work done in connection with the specific grant(street address,city,county,state,zip code): City of Waterloo, Waterloo Police Department Waterloo City Hall, 715 Mulberry Street Waterloo, Iowa 50703 Organization Name Timothy J. Hurley, Mayor Name and Title of Authorized Representative - -04 Signature Date 13 CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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 contract, the making of any Federal grant, the making of any Federal give agreement, and the extension, continuation, renewal, Federal contract, grant, loan or cooperative agreement, (2) If any non-Fede: d to any person for influencing or attempting to influenc( agency, a Member of Congress, an officer or employee of( )f Congress in connection with this Federal contract, grant, iersigned shall initial here and complete and su sure of Lobbying Activities", in accordance with its in 1 ;overnor's Office of I5rug Control Policy.) (3) The undersigne is certification be included in the award documents for a ^ecipients shall certify and disclose accordingly. City of Waterloo, Iowa Waterloo Police Department 715 Mulberry Street Waterloo, Iowa 50703 ^/S-off Name and Address of Organization Name thorize ndividual Signature and Date 14 17)