Loading...
2018-79-Minutes for Meeting January 17,2018 Recorded 3/5/2018Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal 1 CJ2018-79 03/05/2018 3:30:30 PM 11111111111111111119imi i iii ror rcecoraing stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Barnes and Sawyer Rooms Wednesday, January 17, 2018 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and Sharon Ross, Board Executive Assistant. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair DeBone opened the meeting at 1:34 p.m. ACTION ITEMS 1. Consideration of Board Approval to Apply for the Office on Violence Against Women Fiscal Year 2018 Grant, Document No. 2018-013 Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program. Per the District Attorney's Office this particular grant application is not moving forward. Deputy District Attorney Drew Moore presented an opportunity for a different grant application to the US Department of Justice Office on Violence Against Women — Minutes of Board of Commissioners' Work Session January 17, 2018 Page 1 of 5 Improving Criminal Justice Reponses to Sexual Assault, Domestic Violence, and Stalking Grant Program. Commissioner DeBone noted the process of grant applications through the County. Mr. Moore explained the grant continues the assessment program and would be an award for $450,000 for three years. Mr. Moore reviewed the assessment protocol. The department would like to create a high risk assessment team and provide for a domestic violence follow-up investigator. Commissioner Baney inquired of the impact to the overall case -loads. Mr. Moore noted there are daily arrests that involve violent cases and one new investigator position would be created with the grant funds. Commissioner Baney expressed support of strengthening the system but asked for additional budget information prior to the application deadline. Commissioner DeBone is supportive of the program and also requested additional information. Commissioner Henderson is supportive as well. County Administrator Anderson stated if the grant award was granted the District Attorney's Office would also need to come back with details and consideration of Board signature. HENDERSON: Move approval of application BANEY: Second VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Chair votes yes. Motion Carried 2. Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp Matt Martin, Community Development Department explained this is the second in series of work session discussions as a part of the marijuana evaluation project. This item was video recorded for the record. Representatives present from the Department of Agriculture were Jim Johnson, Land Use and Water Planning Coordinator and Sunny Jones, Cannabis Policy Coordinator. Mr. Johnson noted there are different regulations for marijuana and hemp. Ms. Jones spoke on the definitions and regulations of cannabis. Commissioner Baney asked for clarification on regulations on the edibles. Ms. Jones explained that both hemp and marijuana are regulated as a food commodity and must be licensed by Department of Agriculture Food Safety. Commissioner Baney commented on the concerns of the edibles getting to the hands of our youth. Minutes of Board of Commissioners' Work Session January 17, 2018 Page 2 of 5 The land use process was reviewed for hemp. Mr. Johnson explained the two types of processing with the size of facilities in the Exclusive Farm Use zones. A grower is required to have a handler's license. There are 37 hemp handlers that are registered. A handler's license is required to have a land use application prior approved. For 10,000 square foot or more a facility can have more restrictions and is classified as a commercial grow. Commissioner Henderson inquired on the history of hemp grows and if it is or was illegal at some point. The 2014 farm bill allowed for growing of industrial hemp. The Oregon legislation was passed in 2009. Department of Agriculture doesn't license cannabis but administers programs related to pesticides and water quality. They do not do routine inspections but do follow up on complaints. The water quality is an outcomes based process and there are requirements that need to be followed. On the marijuana growers side they are required to report the water use but the hemp growers are not required to report. Commissioner Baney inquired on water run-off. That falls under the authority of the Department of Environmental Quality. Commissioner DeBone announced the audience would have the opportunity at this time to submit a question for the discussion. Ms. Jones explained the pesticide control criteria that mimics that of the federal level. There is a pesticide field staff and agriculture water quality staff located here in Bend. Mr. Johnson spoke on water quality and the department would help with water run off issues. Commissioner Baney inquired how we detect the hemp growers. Ms. Jones would be available to answer questions on licensed growers. A list of growers has been provided to Community Development Department. Commissioner DeBone read the questions submitted by the audience. Discussion held regarding the addressed concerns. RECESS: At the time of 3:04 p.m., a short recess was taken and the meeting was reconvened at 3:12 p.m. Minutes of Board of Commissioners' Work Session January 17, 2018 Page 3 of 5 3. Review of Additional Materials Submitted at the Hearing for Marijuana Production at 25606 Alfalfa Market Road This item has been audio recorded. Jacob Ripper, Community Development Department noted this is an active appeal that was presented to the Board on January 10. The applicant has submitted materials and updated mechanical engineer's report and information from the Oregon Water Resources. Additional information has been scanned into the record. This is the written record period for the public hearing. Commissioner DeBone asked for clarification on the noise level. Commissioner Baney also noted the application that had been submitted lacked specificity. Facts that have been shared on the marijuana regulations have given more guidance. Discussion held on the timeline of the calendar on this case. Discussion held on the difference between nursery and warehouse for this particular application and the transportation impact. Mr. Ripper will draft a list of information requested by the Board. 4. Potential Marijuana Production Appeal Jacob Ripper, Community Development Department reported on a potential appeal for property located at 25890 Alfalfa Market Road. The decision becomes final at 5:00 p.m. today and the 150 -day clock is April 19th. The applicant is asking for a set -back exception. The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a maximum of 10,000 square feet of mature plant canopy. The Board expressed interest in hearing the appeal. BANEY: Move approval of Order No. 2018-002 HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried At the time of 3:34 p.m., the Board took a recess to reconvene in the Allen Conference Room. Minutes of Board of Commissioners' Work Session January 17, 2018 Page 4 of 5 EXECUTIVE SESSION: At the time of 3:43 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Pending Litigation. The Board came out of Executive Session at 4:32 p.m. BANEY: Move approval to direct staff as discussed in Executive Session HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried ADJOURN: Being no further discussion, the meeting adjourned at 4:33 p.m. DATED this Day of fa rel Board of Commissioners. ATTEST ording Sec etary 2018 for the Deschutes County Anthony DeBone, Chair Philip G. He erson, ice Chair "'�•.i t Q Tammy Baney, Cc r ymissioner Minutes of Board of Commissioners' Work Session January 17, 2018 Page 5 of 5 T E %�51 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, JANUARY 17, 2018 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1. Consideration of Board Approval to Apply for the Office on Violence Against Women Fiscal Year 2018 Grant, Document No. 2018-013 - Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program - John Hummel, County District Attorney 2. Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp - Matthew Martin, Senior Planner 3. Review of Additional Materials Submitted at the Hearing for Marijuana Production at 25606 Alfalfa Market Rd. - Jacob Ripper, Associate Planner 4. Potential Marijuana Production Appeal - Jacob Ripper, Associate Planner EXECUTIVE SESSION 5. Executive Session under ORS 192.660 (2) (h) Litigation At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Board of Commissioners Work Session Agenda Wednesday, January 17, 2018 Page 1 of 2 Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and ® activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Wednesday, January 17, 2018 Page 2 of 2 DATE: Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 17, 2018 FROM: John Hummel, District Attorney's Office, 541-317-3134 TITLE OF AGENDA ITEM: Consideration of Board Approval to Apply for the Office on Violence Against Women Fiscal Year 2018 Grant, Document No. 2018-013 - Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program RECOMMENDATION & ACTION REQUESTED: Staff recommends Board signature. CONTRACTOR: Contractor/Supplier/Consultant Name: The Office on Violence Against Women AGREEMENT TIMEFRAME: Starting Date: Ending Date: INSURANCE: Insurance Certificate Required: Yes or No Insurance Review Required by Risk Management: Yes or No BACKGROUND AND POLICY IMPLICATIONS: The Office on Violence Against Women (OVW) is a component of the United States Department of Justice (DOJ). Created in 1995, OVW implements the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of sexual assault, domestic violence, dating violence, and stalking. Since its inception, OVW has supported a multifaceted approach to responding to these crimes through implementation of grant programs authorized by VAWA. By forging state, local, and tribal partnerships among police, prosecutors, judges, victim advocates, health care providers, faith leaders, organizations that serve culturally specific and underserved communities, and others, OVW grants help provide victims, across their life span, with the protection and services they need to pursue safe and healthy lives, while improving communities' capacity to provide justice for victims and hold offenders accountable. This program is authorized by the Violence Against Women Act (34 U.S.C. § 12341). Victims of sexual assault, domestic violence, dating violence, and stalking in rural communities face unique challenges and barriers to receiving assistance rarely encountered in urban areas. The geographic isolation, transportation barriers, economic structure, strong social and cultural pressures, and lack of available services in rural jurisdictions significantly compound the problems confronted by those seeking support and services to end the violence in their lives. These factors also complicate the ability of the criminal justice system to investigate and prosecute sexual assault, domestic violence, dating violence, and stalking cases. In addition, socio -cultural, economic, and geographic barriers make it difficult for victim services providers to identify and assist victims of these crimes. The primary purpose of the Rural Program is to enhance the safety of rural victims of sexual assault, domestic violence, dating violence, and stalking and support projects uniquely designed to address and prevent these crimes in rural areas. OVW welcomes applications that propose innovative solutions to achieving this goal and encourages collaboration among criminal justice agencies, victim services providers, social services agencies, health professionals, and other community organizations to overcome the problems of sexual assault, domestic violence, dating violence, and stalking in rural communities. OVW also recognizes the richness of diversity in rural communities and areas across the country, and encourages applicants to implement innovative approaches, through capacity -building and partnerships, to address the critical needs of victims in a manner that affirms a victim's culture, effectively addresses language and communication barriers, and ensures accessible services for all victims. FISCAL IMPLICATIONS: There will be fiscal implications, but not yet defined. ATTENDANCE: John Hummel, Deschutes County District Attorney akiov LEGAL COUNSEL aw U.S. Department of Justice Office on Violence Against Women (OVW) OMB Number -1122-0020 Expiration Date: 12/31/2018 OVW Fiscal Year 2018 Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program Solicitation Release Date: on or about December 14, 2017 Eligibility Eligible applicants are limited to: states, Indian tribes, territories, local governments, and nonprofit (public or private) entities, including tribal nonprofit organizations. (See "Eligibility Information") Deadlines Applications are due by 11:59 p.m. Eastern Time (E.T.) on January 31, 2018. (See "Submission Dates and Times") Registration Information: To submit an application, all applicants must obtain a Data Universal Number System (DUNS) Number and register online with the System for Award Management (SAM) and with Grants.aov. To ensure sufficient time to complete the registration process, applicants must obtain a DUNS Number, and register online with SAM and with Grants.aov. immediately, but no later than, January 11, 2018. (See "Registration") Letter of Registration: Applicants are strongly encouraged to submit a letter of registration to ovw.rurak usdoi.aov by January 11, 2018. This will ensure that applicants are well-positioned to successfully submit an application by the deadline. Submitting a Letter of Registration will not DC -2018-013 OMB Number -1122-0020 Expiration Date: 12/31/2018 obligate a potential applicant to submit an application. Interested applicants who do not submit a Letter of Registration are still eligible to apply. (See "Letter of Registration") Pre -Application Information Sessions: OVW will pre -record a Pre -Application Information Session available on the OVW website, for entities interested in submitting an application for the Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Rural Program). Participation in this session is optional. Interested applicants who do not participate are still eligible to apply. (See "Pre -Application Information Session(s)") Contact Information For assistance with the requirements of this solicitation, email OVW at ovw.rural(a�usdoi.aov. Alternatively, interested parties may call OVW at (202) 307-6026. Submission and Notification Information Submission: Applications for the Rural Program will be submitted through Grants.aov. For technical assistance with Grants.aov, contact the Grants.aov Customer Support Line at 1-800- 518-4726. The Grants.caov number assigned to this announcement is OVW-2018-13829. Notification: OVW anticipates notifying all applicants of funding decisions by October 1, 2018. OMB Number —1122-0020 Expiration Date: 12/31/2018 Contents A. Program Description 1 Overview 1 About the OVW Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Rural Program) 1 Program Scope 2 Purpose Areas 2 Mandatory Program Requirements 3 OVW Priority Areas 4 Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability 5 Out -of -Scope Activities 6 Unallowable Activities 7 B. Federal Award Information 7 Availability of Funds 7 Award Period 7 Award Amounts 8 Types of Applicants 8 C. Eligibility Information 8 Eligible Applicants 8 Eligible Entities 8 Nonprofit Organization Requirement — Offshore Accounts 9 Cost Sharing or Match Requirement 9 Other Program Eligibility Requirements 9 Limit on Number of Applications 11 D. Application and Submission Information 11 Address to Request Application Package 11 Pre -Application Information Session 11 Content and Form of Application Submission 12 Letter of Registration 12 Application Contents 12 Formatting and Technical Requirements 12 Application Requirements 12 Summary Data Sheet 13 iii OMB Number —1122-0020 Expiration Date: 12/31/2018 Proposal Abstract (not scored) 14 Project Narrative 14 Budget Detail Worksheet and Narrative 16 Memorandum of Understanding (MOU) 17 Additional Required Information 19 Unique Entity Identifier (DUNS Number) and System for Award Management (SAM) 22 Submission Dates and Times 23 OVW Policy on Duplicate Applications 24 OVW Policy on Late Submissions 25 Intergovernmental Review - Single Point of Contact Review 27 Funding Restrictions 27 Other Submission Requirements 29 Submitting a Grant Application 30 E. Application Review Information 31 Criteria 31 Review and Selection Process 31 Anticipated Announcement and Federal Award Dates 32 F. Federal Award Administration Information 32 Federal Award Notices 32 Administrative and National Policy Requirements 33 Reporting 34 G. Federal Awarding Agency Contact(s) 34 H. Other Information 34 Application Checklist 34 Budget Guidance & Sample Budget Detail Worksheet 36 APPENDIX B 47 Sample Letter of Registration 47 APPENDIX C 49 Disclosures of Process Related to Executive Compensation 49 APPENDIX D 51 Summary of Current and Recent OVW Project 51 APPENDIX E 53 Summary of Current and Pending Non-OVW Grants to Do the Same or Similar Work 53 APPENDIX F 55 iv OMB Number -1122-0020 Expiration Date: 12/31/2018 Sample Certification Letter 55 APPENDIX G 57 Rural Eligibility Determination and Documentation Process 57 v OMB Number -1122-0020 Expiration Date: 12/31/2018 OVW Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (CFDA 16.589) A. Program Description Overview The Office on Violence Against Women (OVW) is a component of the United States Department of Justice (DOJ). Created in 1995, OVW implements the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of sexual assault, domestic violence, dating violence, and stalking. Since its inception, OVW has supported a multifaceted approach to responding to these crimes through implementation of grant programs authorized by VAWA. By forging state, local, and tribal partnerships among police, prosecutors, judges, victim advocates, health care providers, faith leaders, organizations that serve culturally specific and underserved communities, and others, OVW grants help provide victims, across their life span, with the protection and services they need to pursue safe and healthy lives, while improving communities' capacity to provide justice for victims and hold offenders accountable. About the OVW Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Rural Program) This program is authorized by the Violence Against Women Act (34 U.S.C. § 12341). Victims of sexual assault, domestic violence, dating violence, and stalking in rural communities face unique challenges and barriers to receiving assistance rarely encountered in urban areas. The geographic isolation, transportation barriers, economic structure, strong social and cultural pressures, and lack of available services in rural jurisdictions significantly compound the problems confronted by those seeking support and services to end the violence in their lives. These factors also complicate the ability of the criminal justice system to investigate and prosecute sexual assault, domestic violence, dating violence, and stalking cases. In addition, socio -cultural, economic, and geographic barriers make it difficult for victim services providers to identify and assist victims of these crimes. The primary purpose of the Rural Program is to enhance the safety of rural victims of sexual assault, domestic violence, dating violence, and stalking and support projects uniquely designed to address and prevent these crimes in rural areas. OVW welcomes applications that propose innovative solutions to achieving this goal and encourages collaboration among criminal justice agencies, victim services providers, social services agencies, health professionals, and other community organizations to overcome the problems of sexual assault, domestic violence, dating violence, and stalking in rural communities. OVW also recognizes the richness of diversity in rural communities and areas across the country, and encourages applicants to implement innovative approaches, through capacity -building and partnerships, to address the critical needs of victims in a manner that affirms a victim's culture, effectively addresses language and communication barriers, and ensures accessible services for all victims. For additional information on the Rural Program, including what past Rural Program grantees have accomplished with their grant funds and to view the Rural Program performance measures and grantee -reported data, see htto://muskie.usm.maine.edu/vawamei/ruralgraphs.htm. 1 OMB Number -1122-0020 Expiration Date: 12/31/2018 Program Scope Activities supported by the Rural Program are determined by statute, federal regulations, and OVW policies. If an applicant receives an award, the funded project is bound by the provisions of this solicitation, the DOJ Financial Guide, including updates to the guide after an award is made, and the conditions of the award. Purpose Areas In FY 2018, funds under the Rural Program may be used for the following statutory purposes: 1. To identify, assess and appropriately respond to child, youth, and adult victims of sexual assault, domestic violence, dating violence, and stalking in rural communities, by encouraging collaboration among sexual assault, domestic violence, dating violence and stalking victim service providers; law enforcement agencies; prosecutors; courts; other criminal justice service providers; human and community service providers; educational institutions; and health care providers, including sexual assault forensic examiners; 2. To establish and expand nonprofit, nongovernmental, state, tribal, territorial, and local government victim services in rural communities to child, youth, and adult victims; and/or 3. To increase the safety and well-being of women and children in rural communities by: A. dealing directly and immediately with sexual assault, domestic violence, dating violence and stalking occurring in rural communities; and B. creating and implementing strategies to increase awareness and prevent sexual assault, domestic violence, dating violence and/or stalking. For many applicants, the Rural Program is one of the few sources of funding to support the provision of core services for victims of sexual assault, domestic violence, dating violence, and stalking. For this reason, OVW will only fund applications that propose projects that implement a collaborative response, support victim services, and/or create a direct response to these crimes in rural communities. Proposed projects must devote at least 70% of their project activities and budget to Rural Program purpose areas 1, 2 and/or 3(A). Applicants may apply to address purpose area 3(B), but no more than 30%1 of the project budget and activities may be dedicated to prevention and awareness activities. In addition to these purpose areas, Rural Program grantees must implement one or more strategies as outlined in the authorizing statute: 1. Implementing, expanding, and establishing cooperative efforts and projects among law enforcement officers, prosecutors, victim service providers, and other related parties to investigate and prosecute incidents of sexual assault, domestic violence, dating violence, and stalking, including developing multidisciplinary teams focusing on high risk cases with the goal of preventing domestic and dating violence homicides; 2. Providing treatment, counseling, advocacy, legal assistance, and other long-term and short-term victim and population specific services to adult and minor victims of domestic violence, dating violence, sexual assault, and stalking in rural communities, including assistance in immigration matters; 3. Working in cooperation with the community to develop education and prevention strategies directed toward such issues; 1 OVW may approve project budgets that allocate a higher than 30% for prevention and awareness activities where strong justification is provided by the applicant. 2 OMB Number —1122-0020 Expiration Date: 12/31/2018 4. Developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs; and 5. Developing programs and strategies that focus on the specific needs of victims of domestic violence, dating violence, sexual assault, and stalking who reside in remote rural and geographically isolated areas, including addressing the challenges posed by the lack of access to shelters and victims services, limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs. Mandatory Program Requirements Applicants that receive funding under the Rural Program will be required to engage in the following activities: 1. Provide services within statutorily defined rural areas and communities. By statute, at least 75% of the total amount of funding made available for this program must be allocated to eligible entities located in "rural states"2 . The term "rural" state means a state that has a population density of 57 or fewer persons per square mile or a state in which the largest county has fewer than 250,000 people, based on the most recent decennial census.3 However, regardless of whether an application is submitted by an entity from a rural state or a non -rural state, all applicants must target services in a rural area or community. The statute defines the terms "rural area" and "rural community" as: (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is -- (i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a rural census tract; or (C) any federally recognized Indian tribe.4 2. Document the targeted rural areas and communities to be served. All applicants, whether from statutorily defined rural states or non -rural states, must submit the eligibility and service area documentation as identified in Appendix G. The only exception is for applicants who are federally recognized Indian tribes and therefore are statutorily rural -eligible, regardless of their location. Documentation is not required for these tribes. 2 34 U.S.C. § 12341(d)(5). 3 34 U.S.C. § 12291(a)(27). NOTE: The following states and territories are designated as "rural" based on the definition of "rural state" and the 2010 Census: Alaska, Arizona, Arkansas, Colorado, Idaho, Iowa, Kansas, Maine, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Vermont, West Virginia, Wyoming and the U.S. Territories: American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands. 4 34 U.S.C. 12291(a)(26). 3 OMB Number -1122-0020 Expiration Date: 12/31/2018 3. Mandatory Set -Aside. VAWA also requires that OVW award 25% of appropriated Rural Program funds to meaningfully address sexual assault in rural communities.5 Applicants, however, are not required to address sexual assault within their individual applications. OVW Priority Areas In FY 2018, OVW is interested in supporting the priority areas identified below. Applications proposing activities in the following areas will be given special consideration. 1. Improve services for and/or the response to victims of sex trafficking and other severe forms of trafficking in persons who have also experienced domestic violence, sexual assault, dating violence, or stalking. OVW will give special consideration to Rural Program applications that address services and/or responses to victims of sex trafficking or other forms of trafficking in persons who have also experienced sexual assault, domestic violence, dating violence, and stalking. Under the definitions and grant conditions applicable to the Rural Grant Program pursuant to VAWA, as amended, victim services and legal assistance includes services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons.34 U.S.C. § 12291 (b) (14) 6 This means that applicants can apply to serve individuals who are both victims of trafficking and victims of domestic violence, dating violence, sexual assault, or stalking. Applicants proposing to serve trafficking victims must specify this in their application and must demonstrate capacity to serve this population, either through their own expertise and experience or through partnerships with organizations and/or agencies that have such expertise and experience. Applicants must also partner with federal, state, and/or local law enforcement and prosecution to develop comprehensive response protocols to ensure that trafficking victims are identified and referred for appropriate services. Applicants must identify how they will engage in outreach to trafficked victims of sexual assault, domestic violence, dating violence and stalking and tailor services to address the unique needs of these victims. An example of an appropriate project under this priority area could be training judges, advocates, law enforcement officers, prosecutors, and others who work with victims of sexual assault, domestic violence, dating violence, and stalking to recognize when those victims may also be victims of sex trafficking or other severe forms of trafficking in persons. Another example might include incorporating education and awareness activities into a community coordinated response. OVW will determine whether the applicant's proposal to address trafficking merits special consideration under this priority area. 2. Increase support for survivors of sexual assault, including services, law enforcement response, and prosecution. 5 34 U.S.C. 12341(d)(2XA). 6 "Severe forms of trafficking in persons" is defined in 22 U.S.C. §7102 as: a. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or b. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 4 OMB Number -1122-0020 Expiration Date: 12/31/2018 OVW will give special consideration to applications that meaningfully address sexual assault such as supporting staff positions of adult or pediatric Sexual Assault Nurse Examiners (SANEs) and/or Sexual Assault Forensic Examiners (SAFEs) training for these professionals, and programs that serve child sexual abuse/assault victims. Applicants are also encouraged to consider other areas addressing sexual assault, such as counseling for sexual assault survivors; the establishment or enhancement of Sexual Assault Response Teams; specialized personnel or units such as law enforcement or prosecution; specialized training related to responding, investigating or prosecuting sexual assault cases; programs addressing rape kit backlogs; and programs that involve implementation of the Prison Rape Elimination Act (PREA) standards in working with incarcerated victims. Applications that focus primarily (75% or more of their proposed goals, objectives, activities and budget) on developing, enlarging, or strengthening programs addressing sexual assault in rural communities or areas will be considered to be meaningfully addressing this issue and given special consideration during the recommendation process. 3. Meaningfully increase access to OVW programming for specific marginalized and/or underserved populations (based on race, ethnicity, sexual orientation, gender identity, disability, age, etc.). OVW recognizes the diversity within the population in rural America and the existing gaps among current Rural Program grantees in providing services that fully reflect the rural communities that they serve. OVW encourages applicants to consider projects that would increase services to underserved populations and ensure that services are representative of their community demographics. OVW will give special consideration to applications that propose to increase support for underserved populations, such as African Americans, the elderly, and immigrants. OVW also encourages applicants to consider ways in which they will ensure that organizations and programs focus on incorporating representatives from marginalized communities in their respective coordinated community responses and/or on their multidisciplinary teams. Applications that focus primarily (75% or more of their proposed goals, objectives, activities and budget) on developing, enlarging, or strengthening programs addressing sexual assault, domestic violence, dating violence, and/or stalking in African American, elderly or immigrant rural communities or areas will be considered to be meaningfully addressing the issue and given special consideration during the recommendation process. Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability The following activities have been found to jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions: 1. Procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health 5 OMB Number -1122-0020 Expiration Date: 12/31/2018 condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children;' 2. Procedures or policies that compromise the confidentiality of information and/or privacy of persons receiving OVW-funded services; 3. Procedures or policies that require victims to take certain actions (e.g., seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.) in order to receive services; 4. Procedures or policies that fail to include conducting safety planning with victims; 5. Project designs and budgets that fail to account for the access needs of individuals with disabilities, with limited English proficiency, or who are Deaf or hard of hearing; 6. The use of pre-trial diversion programs without prior OVW review and approval of the program or the automatic placement of offenders in such programs; 7. Offering or ordering anger management programs for offenders as a substitute for batterer's intervention programs. Effective batterer intervention programs should use court monitoring to hold offenders accountable; 8. Procedures or policies that deny victims and non -abusing parents or caretakers and their children access to services based on their involvement with the perpetrator; 9. Dissemination of information, education, or prevention materials that place blame on the victim or focus primarily on changing victim behavior; 10. Policies or practices that discourage accepting cases when victims do not have physical evidence; 11. Policies and procedures that fail to account for the physical safety of victims; 12. Promoting nuisance abatement ordinances, crime -free housing ordinances, or crime - free lease addenda (often associated with crime -free housing programs) that require or encourage the eviction of tenants or residents who may be victims of domestic violence, sexual assault, dating violence, or stalking;8 and/or 13. Policies or procedures that require testing of sexual assault forensic evidence in cases where the victim obtained a medical forensic exam but has not chosen to participate in the criminal justice system. This list is not exhaustive. Applications that propose any activities that compromise victim safety and recovery or undermine offender accountability may receive a deduction in points during the review process or may be eliminated from consideration entirely. Out -of -Scope Activities OVW has determined the activities listed below to be out of the program scope, and they will not be supported by Rural Program funding. 1. Research projects (This does not include program assessments conducted only for internal improvement purposes. See "Research and Protection of Human Subjects" in the Solicitation Companion Guide. 2. Child abuse or family violence issues such as violence perpetrated by a child against a parent or violence perpetrated by a sibling against another sibling. 'If an award is made, the recipient will also be subject to statutory prohibitions on discrimination. For further information on these civil rights requirements, see the section "Violence Against Women Act Non -Discrimination Provision" under "F. Federal Award Administration Information." 8 See also the U.S. Department of Housing and Urban Development's 2016 guidance on how such ordinances and addenda may violate the Fair Housing Act. 6 OMB Number —1122-0020 Expiration Date: 12/31/2018 3. Services to children for anything other than child sexual assault or services beyond ancillary services provided to a victim's child when there is an inextricable link between a parent's victimization and the child's need for services and in connection to providing victim services for the parent. For example, funds may be used to provide services to children of battered clients residing in a shelter. 4. Education and prevention for students not specifically related to sexual assault, domestic violence, dating violence, and/or stalking, such as "bullying" or "character building" educational programs. Applications that propose activities that are deemed to be substantially out -of -scope may receive a deduction in points during the review process or may be eliminated from consideration entirely. Unallowable Activities OVW has determined the activities listed below to be unallowable, and they will not be supported by Rural Program funding. 1. Lobbying; 2. Fundraising; 3. Purchase of real property; 4. Physical modifications to buildings, including minor renovations (such as painting or carpeting); and 5. Construction. Applicants that propose unallowable activities may receive a deduction in points during the review process or may be eliminated from consideration entirely. An application that is deemed deficient in more than one of the aforementioned categories (activities that compromise victim safety, out -of -scope activities, unallowable activities) may not be considered for funding. B. Federal Award Information Availability of Funds AU awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. There is no guarantee that funds will be available in the future. Therefore, OVW encourages applicants to develop a plan to sustain project activities if federal funding through this program ceases to be available. Also, OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2018 funding, depending on the merits of the applications and on the availability of funding. Award Period The grant award period is 36 months. Budgets must reflect 36 months of project activity, and the total "estimated funding" on the SF -424 must reflect 36 months. Generally, the award period will start on October 1, 2018. 7 OMB Number —1122-0020 Expiration Date: 12/31/2018 Award Amounts Applicants should not exceed the award amounts listed in this solicitation and should carefully consider the resources needed to successfully implement the proposed project. Funding levels under the Rural Program for FY 2018 are as follows: 1. Continuation applications will be limited to $750,000 for the entire 36 months 2. New applications will be limited to $500,000 for the entire 36 months OVW has the discretion to award grants for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to awarding a grant. The Rural Program typically makes awards in the range of $350,000 - $750,000. The amount of the award varies among current grantees and is largely based upon the needs of the targeted service area as defined by the grantee, the geographic area that is to be served, and the scope of the project. OVW estimates that it will make up to 50 awards for an estimated $35,000,000. Awards will be made as grants. Types of Applicants In FY 2018, OVW will accept applications for the Rural Program from the following: New: applicants that have never received funding under the Rural Program or whose previous funding expired more than 12 months ago. Continuation: applicants that have an existing or recently closed (within the last 12 months) award under the Rural Program and/or an applicant that received funding under this program in FY 2015 or earlier that does not qualify as a new applicant as defined above. Continuation funding is not guaranteed. Rural Program grant recipients that received an FY 2016 or FY 2017 award(s) are NOT eligible to apply. Additionally, current grantees with a substantial (50%) amount of funds remaining at the time of application submission without adequate justification may not be considered for funding, or may receive a reduced award amount if selected for funding in FY 2018. C. Eligibility Information Eligible Applicants It is very important that applicants review this information carefully. Applications that are submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding. Eligible Entities 1. States; 2. Indian tribes; 3. Territories; 8 OMB Number —1122-0020 Expiration Date: 12/31/2018 4. Local governments; and 5. Nonprofit (public or private) entities, including tribal nonprofit organizations. Nonprofit Organization Requirement — Offshore Accounts Any nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code is not eligible for a grant from the Rural Program. Cost Sharing or Match Requirement This program has no match or cost sharing requirement. Other Program Eligibility Requirements In addition to meeting the eligible entity requirements outlined above, applications for the Rural Program must also meet the requirements below. All certification and other eligibility related documents must be current and developed in accordance with the FY 2018 solicitation. Applications that do not meet all of the program eligibility requirements below will not be considered for funding under the Rural Program. Documentation of Eligible Service Area To be eligible to receive Rural Program funding, an applicant must demonstrate that it proposes to serve a rural area or rural community. Every application (other than those submitted by federally recognized Indian tribes) must include the proper printed documentation demonstrating that the proposed service area meets this eligibility requirement. Instructions to complete the documentation process can be found in Appendix G. 1. Applications must propose to serve a rural area or rural community, as defined by 34 U.S.C. § 12291(a)(26) to mean (a) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (b) any area or community, respectively, that is (i) within an area designated as a metropolitan statistical area or considered part of a metropolitan statistical area; and (ii) located in a rural census tract; or (c) any federally recognized Indian tribe. Note that all areas outside of this definition cannot be served with funding from this Program. 2. Carefully read the directions outlined in Appendix G and submit documentation for all areas the application proposes to serve, i.e. every county and/or census tract. If proposing to serve a town or city or area within a county, the application must clearly identify which census tract(s) in that county those communities are in and include corresponding documentation that demonstrates they are eligible rural census tracts. 3. The only documentation that will be accepted is described in Appendix G. Other types of documentation (from other sources, showing different information, etc.) will NOT be accepted. Delivery of Legal Assistance Any grantee or sub grantee providing legal assistance with funds awarded under this program shall certify in writing that: 1. any person providing legal assistance with funds through this program (A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or (B) 9 OMB Number —1122-0020 Expiration Date: 12/31/2018 i. is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and ii. has completed, or will complete, training in connection with domestic violence, dating violence, sexual assault or stalking and related legal issues, including training on evidence -based risk factors for domestic and dating violence homicide; 2. any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a tribal, state, territorial, or local domestic violence, dating violence, sexual assault or stalking victim service provider or coalition, as well as appropriate tribal, state, territorial, and local law enforcement officials; 3. any person or organization providing legal assistance with funds through this program has informed and will continue to inform state, local, or tribal domestic violence, dating violence, sexual assault or stalking programs and coalitions, as well as appropriate state and local law enforcement officials of their work; and 4. the grantee's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue. This certification shall take the form of a letter, on letterhead, signed and dated by the authorized representative. Failure to provide a letter certifying to these requirements may disqualify an application from further consideration. At a minimum, an application missing the required certification letter will be required to submit a certification letter prior to receiving an award. The signed certification letter must be uploaded as a separate attachment in Grants.gov. A sample certification letter can be found in Appendix F. Required Partnerships In general, partners identified in the application as receiving a portion of the award are subrecipients and not contractors because they meet the criteria in 2 C.F.R. § 200.330 for distinguishing between subrecipients and contractors: they will be using federal funds to carry out a program for a public purpose specified in the authorizing statute for this program (as opposed to providing goods or services for the benefit of the applicant), will have their performance measured in relation to whether objectives of the grant program were met, and will have responsibility for programmatic decision making. For more information, see the Solicitation Companion Guide. 1. Eligible applications must include a victim service provider as the lead applicant and/or a formal project partner, as demonstrated through a required Memorandum of Understanding (MOU) or Letters of Support (for state, tribal, territory or local court applicants only, if applicable). A victim service provider is a nonprofit, nongovernmental organization, tribal organization, or rape crisis center,9 including a state or tribal domestic violence and/or sexual assault coalition, domestic violence shelter, faith -based organization, or other organization, with a documented history of effective work 9 For the purposes of this grant program, a rape crisis center means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a state other than a territory that provides intervention and related assistance, as specified in 34 U.S.C. § 12511(b)(2)(C), to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services. 34 U.S.C. §12291(a)(25) 10 OMB Number -1122-0020 Expiration Date: 12/31/2018 concerning domestic violence, dating violence, sexual assault, or stalking. Victim service providers should meet all of the following criteria: 1) provide direct services to victims of sexual assault, domestic violence, dating violence, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field; 2) address a demonstrated need in their communities by providing services that promote the dignity and self-sufficiency of victims, improve their access to resources, and create options for victims seeking safety from perpetrator violence; and 3) do not engage in or promote activities that compromise victim safety. 2. Eligible applications, including those submitted by a victim service provider, must include at least one project partner, and should include agencies and organizations necessary to implement the proposed project. These partners may include victim service providers addressing sexual assault, domestic violence, dating violence, and/or stalking; law enforcement agencies; prosecutors; courts; other criminal justice service providers; human and community service providers; educational institutions; and/or health care providers, including sexual assault forensic examiners. See 34 U.S.C. § 12341(a)(1). 3. Trafficking Priority Required Partnership: Applicants applying under the trafficking priority area must include a local, state, and/or federal law enforcement agency and a local, state, and/or federal prosecutor's office as a project partner as outlined in a memorandum of understanding. Limit on Number of Applications OVW will consider only one application per organization in response to this solicitation. If an applicant submits multiple versions of the same application, OVW will review only the most recent system -validated version submitted before the deadline. D. Application and Submission Information Address to Request Application Package The complete application package is available on Grants.aov or at the OVW website. Applicants wishing to request a paper copy of the application materials should contact ovw.rural@usdoj.gov or 202 532-4629. Pre -Application Information Session OVW will pre -record a pre -application information session for entities interested in submitting an application for the Rural Program. Listening to this session is optional. Interested applicants who do not participate are still eligible to apply. During this session, OM staff will review the Rural Program requirements, review the solicitation, and address frequently asked questions. The session is tentatively scheduled to be available by Thursday, January 11, 2018 on the OVW website. The pre-recorded session will be captioned in English. Interested applicants needing additional language assistance should contact the Rural Program at ovw.rural(a�usdoi.aov or 202 532- 4629 as soon as possible. Anyone interested in submitting an application to the Rural Program is encouraged to listen to the recorded Pre -Application Information Session and contact the Rural Program at 202 532- 4629 or ovw.rural(c�usdoi.aov with any additional questions. A transcript of the session can be made available upon request. 11 OMB Number -1122-0020 Expiration Date: 12/31/2018 Content and Form of Application Submission The information below ("Letter of Registration" through "Additional Required Information") describes the full content and form of application submission. Letter of Registration Applicants intending to apply for FY 2018 funding under this program are strongly encouraged to submit a letter of registration. The letter should state that the applying organization is registered and current with SAM and with Grants.gov. The letter should be submitted to OVW at ovw.rural(a)usdoi.aov by January 11, 2018. This will ensure that the applicant is well-positioned to successfully submit a proposal by the application deadline. This letter will not obligate the applicant to submit an application. See Appendix B for a sample Letter of Registration. Application Contents This section describes what is included in a complete application package. Applicants should anticipate that failure to submit an application that contains all of the specified elements will negatively affect the review of the application and may result in the application not being considered for funding. Should a decision be made to make an award, the award may include special conditions that preclude access to or use of award funds pending satisfaction of the conditions. It is the responsibility of the applicant to ensure that a complete application is submitted by the deadline. Applicants should not submit documents that were not specifically asked for in the solicitation. Providing information that was not requested will not increase the likelihood that an application will be selected for funding. All materials submitted as part of an application may be released pursuant to a request under the Freedom of Information Act. Formatting and Technical Requirements Applications must follow the requirements below. Points may be deducted for applications that do not adhere to the following requirements: 1. Double spaced (Project Abstract, Summary Data Sheet and charts may be single space) 2. 8'/z x 11 inch paper 3. One -inch margins 4. Type no smaller than 12 point, Times New Roman font 5. Page numbers 6. No more than 20 pages for the Project Narrative 7. Word documents in the following formats: Microsoft Word (.doc), PDF files (.pdf), or Text Documents (.txt). 8. Headings and sub -headings that correspond to the sections identified in this section of the solicitation. Application Requirements Applications must include the following required documents and demonstrate that the program eligibility requirements have been met. OVW will not contact applicants for missing items on the list below. Applications that do not address all of the following components will be considered substantially incomplete and will not be considered for funding: 1. Project Narrative 2. Budget Detail Worksheet and Narrative 12 OMB Number — 1122-0020 Expiration Date: 12/31/2018 3. Memorandum of Understanding (MOU)/Letter of Support (Court applicants, if applicable) 4. Eligible Service Area Documentation In addition to the application being scored on the documents listed above, the Summary Data Sheet will also be scored. Summary Data Sheet (5 Points Total) The Summary Data Sheet should be one to four pages in length and may be single or double spaced. The Summary Data Sheet does not count toward the 20 page limit for the Project Narrative. Provide the following information: 1. Name, title, address, phone number, and e-mail address of the individual with authority to accept grants on behalf of the applicant. 2. Name, title, address, phone number, and e-mail address for the grant point -of -contact. This person must be an employee of the applicant. 3. Statement as to whether the applicant (i.e., the organization whose DUNS number is being used for the application) will serve as a fiscal agent/sponsor for an entity or entities that will ultimately implement the project, and that the applicant itself will not be involved with implementation of the project beyond issuing a subaward or subawards to other entities. If this is the case, the applicant must include a statement acknowledging that, should an award be made, the applicant will be responsible for all applicable statutory, fiscal, and programmatic requirements, including those of 2 CFR Part 200, as well as all project deliverables. The applicant must also list all of the entities with which it will enter into agreements to implement the project, and should include a description of how these entities intend to accomplish the purposes of the award (if such a description is not already provided in a Memorandum of Understanding submitted as part of the application). Note that, in such situations, the fiscal agent/sponsor must be an eligible applicant for the program. 4. Statement as to whether the applicant has expended $750,000 in federal funds in the applicant's past fiscal year. If so, specify the end date of the applicant's fiscal year. 5. Summary of current and recent OVW projects (if applicable). If the applicant has a current grant or cooperative agreement under any OVW grant program or an award that has been closed within the last 12 months from the date this solicitation closes, the information must be provided in a table using the format found in APPENDIX D. Failure to provide the required table will result in a loss of points. 6. A list of other federal grant programs from which the applicant currently receives funding or for which it has applied for funding in FY 2018 to do similar work. Provide this information in a table using the format found in APPENDIX E. 7. Statement as to whether the applicant is a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code. 8. Statement as to whether the applicant is a nonprofit organization that uses the Internal Revenue Service's three-step safe -harbor procedure to establish a rebuttable presumption that its executives' compensation is reasonable. If the applicant is not a nonprofit organization or is a nonprofit that does not use the safe -harbor procedure, provide a statement to that effect. For additional information about the safe -harbor procedure, see "Disclosures Related to Executive Compensation" in the Additional Reauired Information section. 9. The percentage of grant activities, should the application be funded, that will address each of the following issues (the total percentages should not exceed 100°/x): • Sexual assault; 13 OMB Number -1122-0020 Expiration Date: 12/31/2018 • Domestic violence; • Dating/teen dating violence; and • Stalking. 10. Identify what, if any, of the FY 2018 Rural Program Priority areas are being addressed: • Improve services for and/or the response to victims of sex trafficking and other severe forms of trafficking in persons who have also experienced domestic violence, sexual assault, dating violence, or stalking. Please specify if any of the following activities will be addressed: training for professionals to identify and respond to trafficking; building a coordinated community response to trafficked victims of sexual assault, domestic violence, dating violence, and stalking; legal assistance for such victims; and emergency shelter for such victims. List any other activities addressed within this priority area. • Meaningfully increased support for sexual assault, including services, law enforcement response and prosecution. Specify if any of the following activities will be addressed: 1. Sexual Assault Nurse Examiners/Sexual Assault Forensic Examiners 2. Sexual Assault service delivery — development or enhancement 3. Sexual Assault Response/Resource Team development or enhancement 4. Investigating and/or prosecuting sexual assault crimes 5. Programs addressing rape kit backlog 6. Programs addressing implementation of PREA standards 7. List any other activities to be addressed within this priority area. • Meaningfully increase access to OVW programming for specific underserved populations. Specify if any of the following activities will be addressed: 1. Services for African American victims 2. Services for elderly victims 3. Services for immigrant victims 4. Services for people with Limited English Proficiency, including developing or enhancing Language Access Plans 5. List any other activities to be addressed within this priority area. Proposal Abstract (not scored) The Proposal Abstract should provide a short and accurate summary (no more than two pages double-spaced) of the proposed project, including who will be involved with the proposed project, what will be done as primary activities, what products will be produced, the service area where the proposed project will take place and who will be impacted by the proposed project. Applicants should not summarize past accomplishments in this section. Project Narrative (60 Points Total) The Project Narrative may not exceed 20 pages in length, double-spaced. The Project Narrative must include the following three sections: Purpose of Application (15 points) This section must: 14 OMB Number —1122-0020 Expiration Date: 12/31/2018 1. Describe the communities to be served including the geographic location, the populations in the service area, and any marginalized and/or underserved population;10 2. Describe the targeted service area(s) and population within the rural service area(s), including current and relevant demographic statistics for the targeted service area; 3. Describe the problem to be addressed, including local statistics/data whenever possible; 4. Identify current services available to victims in the targeted rural service area(s); 5. Identify any gaps in services for victims of sexual assault, domestic violence, dating violence, and/or stalking within the targeted rural service area(s); 6. Describe how grant funding will address the identified problem and how the proposed project will help alleviate service gaps; 7. If the project is to serve more than one county and/or census tract, specifically describe how services and/or activities will be accessed and/or implemented within each county and/or census tract; 8. Clearly identify where the applicant organization is located in relationship to the service area, and specifically describe where all grant funded positions (for both the applicant and any partner organizations) will be located in terms of the project service area; 9. If the applicant is located in a non -rural area and/or is an agency serving both rural and non -rural areas, describe how the proposed project and requested funding, including all proposed activities and costs, directly benefit only the rural area(s) and/or rural community(ies); and 10. Describe how the proposed project will complement other current OVW-funded projects (if applicable), and not duplicate efforts. What Will Be Done (35 points) The application must provide a clear link between the proposed activities and the need identified in the "Purpose of Application" section above. This section must: 1. Describe measurable goals and objectives for the proposed project; 2. If the applicant is applying to serve trafficked victims of sexual violence, domestic violence, dating violence and stalking, identify how outreach and services will be tailored to address the unique needs of these victims; 3. If the applicant is applying to serve an underserved population, identify the underserved population or marginalized community; 4. Describe in detail the specific tasks and activities necessary to accomplish each goal and objective; 5. If the applicant is applying to serve an underserved population, describe how activities will be accessible and or culturally appropriate to the population; 6. Include a timeline that identifies when the tasks and activities will be accomplished; 7. Describe the expected outcomes. At a minimum, the applicant should quantify expected outputs for each activity for each year of the project (e.g. number of victims to be served; 10 Applicants should use U.S. Census and other government data, as well as the Limited English Proficient Mapping Tool, available at www.leo.aov/maps/, to obtain this information. 15 OMB Number —1122-0020 Expiration Date: 12/31/2018 number of domestic violence cases to be investigated; number of trainings to be provided and the number of individuals to be trained); 8. Describe how the applicant plans to address victim safety, confidentiality and autonomy in the project; 9. Describe any proposed training or educational course content; 10. Describe any tangible products (brochures, posters, curricula, etc.) proposed to be developed with grant funds. If tangible products are not proposed, indicate that is the case; 11. For applicants proposing to provide direct legal services, provide supervision and mentoring plan for attorney staff involved in the project; and 12. Describe how the proposed project will be accessible to individuals with disabilities, individuals who are Deaf or hard of hearing, and persons with limited English proficiency. Who Will Implement the Proiect (10 points) The application must identify the key individuals and organizations involved in the proposed project. This section must demonstrate that the individuals and organizations identified have the capacity to address the stated need and can successfully implement the proposed project activities. This section must: 1. Identify the key individuals and organizations involved in the proposed project; 2. Demonstrate that the individuals and organizations identified have the capacity to address the stated need, including the expertise necessary to appropriately serve any marginalized and/or underserved populations identified in the Purpose of the Application section, and can successfully implement the proposed project activities; 3. Identify all project partners, specify their respective roles and responsibilities, and describe the collaborative relationship to be developed or enhanced; 4. Describe the experience and expertise of the project partners that will be directly involved with the project to serve victims of domestic violence, sexual assault, stalking, and/or dating violence; 5. Identify project partners who identify with or are representative of the underserved population (if applicable); 6. Clearly demonstrate that any partnerships required by the solicitation (see "Required Partnership" in the "Program Eligibility Requirements" section) have been developed; and 7. Clearly demonstrate that staff, partners, and consultants carrying out project activities and/or providing services that are culturally specific are reflective of the communities to be served through their knowledge or experience relevant to the targeted communities. Budget Detail Worksheet and Narrative (15 Points) All applications must include a detailed budget and budget narrative. A sample Budget Detail Worksheet is available in Appendix A. When preparing the Budget Detail Worksheet and Narrative, use the Sample Budget Detail Worksheet as a guide and be sure to include all necessary budget categories as outlined in the Worksheet. Also, keep in mind that budgetary requirements vary slightly among programs. Applicants must read the solicitation closely to determine the requirements of the budget and budget narrative for each OVW program. Additionally, the budget must adhere to the guidelines contained in the DOJ Financial Guide. Award Period and Amount 16 OMB Number —1122-0020 Expiration Date: 12/31/2018 The FY 2018 Rural Program award period is 36 months and will generally begin on October 1, 2018. Funding levels under the Rural Program for FY 2018 are as follows: 1. Continuation applications will be limited to $750,000 2. New applications will be limited to $500,000 Budaet Requirements. Applicants must submit reasonable budgets based on the resources needed to implement their projects in their specific geographic location. The budget should display a clear link between the specific project activities and the proposed budget items. It should not contain any items that are not detailed in the project narrative. The budget narrative must support all costs included in the budget and explain how the costs of goods and services are determined and how they will fulfill the overall objective of the project. In some circumstances, the budget and budget narrative will be reviewed separately from the proposed project narrative. Therefore, it is very important that the budget narrative be as comprehensive as possible and describe in a narrative format each line item requested in the budget. The budget must: 1. Include funds to attend OVW-sponsored training and technical assistance in the amount of $10,000 for states and $15,000 for territories, Hawaii, and Alaska. The $10,000 or $15,000 is for the entire 36 -month project period and NOT per year. See Training and Technical Assistance in the Fundina Restrictions section of the solicitation. 2. Include funds or include other resources available to support activities to ensure access for individuals with disabilities, Deaf/hard of hearing individuals, and persons with limited English proficiency. See "Accessibility" under "F. Federal Award Administration Information" for more information. 3. Compensate all project partners as reflected in the MOU/Letters of Support. See Appendix A for additional information on compensating project partners. 4. Distinguish clearly between subawards and contracts in allocating any grant funds to other entities. Pursuant to 2 C.F.R. § 200.330, a subaward is for the purpose of carrying out a portion of the federal award, and a contract is for the purpose of obtaining goods and services for the grantee's own use. The substance of the relationship is more important than the form of the agreement in determining whether the recipient of the pass-through funds is a subrecipient or a contractor. Keep in mind that the awarding and monitoring of contracts must follow documented procurement procedures, including full and open competition, pursuant to the procurement standards in 2 C.F.R. §§ 200.317- 200.329, and the issuance of subawards must meet the requirements of 2 C.F.R. § 200.331. See Appendix A and the Solicitation Companion Guide for more information. For additional guidance, go to the Funding Restrictions section of this solicitation. Memorandum of Understanding (MOU) (20 Points Total) For purposes of this solicitation, the MOU is a document containing the terms of the partnership and the roles and responsibilities between two or more parties. The MOU must be a single document and must be signed and dated by the Authorized Representative of each proposed partner agency during the development of the application. If necessary, an MOU can include 17 OMB Number -1122-0020 Expiration Date: 12/31/2018 multiple signature pages so long as each page includes the names and titles of all signatories to the MOU. The MOU must: 1. Clearly identify the partners and provide a brief history of the collaborative relationship among those partners, including when and under what circumstances the relationship began and when each partner entered into the relationship; 2. Clearly state the roles and responsibilities each partner will assume to ensure the success of the proposed project; 3. Clearly state that each project partner has reviewed the budget and is aware of the total amount being requested and the funding being requested for each project partner; 4. Directly mirror the project as described in "What Will Be Done" in the "Application Requirements" section (goals, objectives and activities) and corresponding Budget; 5. Include all relevant agencies or organizations that are necessary and will collaborate to implement the goals, objectives or activities included within the proposed project; 6. Specify the extent of each partner's participation in developing the application; 7. Demonstrate a commitment on the part of all project partners to work together to achieve stated project goals; 8. Describe the resources each partner would contribute to the project, either through time, in-kind contributions, or grant funds (e.g., office space, project staff, and training); 9. Adequately demonstrate the correlation between the issue(s) to be addressed and the expertise of proposed organizations and key staff/positions; 10. Signatories should include their titles and agencies under their signatures. A sample MOU is available at: http://www.iustice.gov/sites/default/files/ovw/leaacv/2008/10/21 /sample-mou.pdf: and, 11. Indicate approval of the proposed project budget by all signing parties. Applicants applying under the trafficking priority area must also: 1. Clearly identify which organization(s) has the expertise in providing services to victims of trafficking. Include how many years the organization(s) has been providing services for victims of trafficking; 2. Detail the personnel designated to provide legal and/or support services to victims of trafficking, including: a) the name and title of each person; and b) how many years each staff person has been providing services to victims of trafficking; 3. Include both a local, state, and/or federal law enforcement agency and a local, state, and/or federal prosecutor's office as MOU partners. Note that federal law enforcement agencies and U.S. Attorney's Offices cannot receive Rural Program grant funds and should not be compensated in the budget. Letter(s) of Support (for state, tribal, territories and local courts if applicable) (20 Points Total) Court applicants, if they are precluded from entering into MOUs, may submit letters of support. Each letter of support must clearly identify what service gaps exist, how the project will bridge the gap(s), and how the court that submitted the letter will be involved with implementing project activities. The letters should clearly demonstrate what role the court, victim service providers, or other service providers will have in achieving the goals and objectives of the project. 18 OMB Number —1122-0020 Expiration Date: 12/31/2018 In general, MOU partners that will be receiving funds to carry out a portion of the award should be treated as subrecipients and not contractors. For more information see 2 C.F.R. § 200.330, Appendix A, and the Solicitation Companion Guide. Additional Required Information The following documents will not be scored during the review process but they should be included with the application. Failure to include any of the information may result in the application being removed from consideration from funding. Some documents will be generated during the application submission process while other documents will be uploaded and attached to the application. The following documents will be generated and completed during the application submission process: Application for Federal Assistance (SF -424) Applicants must complete the SF -424 online. For "Type of Applicant," do not select "other." Pay careful attention to the amount of federal funding requested in the "Estimated Funding" section of this form. This amount must match the amount of federal funding requested in the budget section of the application package. This program does not requires a match; therefore, the values for "Applicant' line should be zero. The individual who is listed in "Authorized Representative" must be an individual who has the authority to apply for and accept grant awards on behalf of the organization or jurisdiction. Standard Assurances and Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Druq-Free Workplace Requirements (Form 4061/6) Carefully review the assurances and certification forms online. Applicants will receive a request to compile these forms online during the application submission process. All applicants must complete the Disclosure of Lobbying Activities (SF -LLL) form. Applicants that expend any funds for lobbying activities must provide the detailed information requested on the form. Applicants that do not expend any funds for lobbying activities should enter "N/A" in the required highlighted fields. The following documents should be uploaded and attached to the application: Applicant Financial Capability Questionnaire (if applicable) All nonprofit, nongovernmental organizations that apply for funding from OVW and have not previously (or within the last three years) received funding from OVW must complete an Applicant Financial Capability Questionnaire, and submit it as a separate attachment with their application. Additionally, applicants may be required to submit their current year's audit report at a later time. The form can be found at http://www.iustice.qov/ovw/how-ardv. Confidentiality Notice Form All applicants are required to acknowledge that they have received notice that grantees and subgrantees must comply with the confidentiality and privacy requirements of the Violence Against Women Act, as amended. Applicants must submit the acknowledgement form available on the OVW website at http://www.iustice.gov/sites/default/files/ovw/paqes/attachments/2015/01/20/confidentiality ackn owledaement form 42015.pdf. This form must be signed by the Authorized Representative and uploaded with the application in Grants.gov 19 OMB Number —1122-0020 Expiration Date: 12/31/2018 Disclosure of Process Related to Executive Compensation An applicant that is a nonprofit organization may be required to make certain disclosures relating to the processes it uses to determine the compensation of its officers, directors, trustees, and key employees. Under certain circumstances, a nonprofit organization that provides unreasonably high compensation to certain persons may subject both the organization's managers and those who receive the compensation to additional federal taxes. A rebuttable presumption of the reasonableness of a nonprofit organization's compensation arrangements, however, may be available if the nonprofit organization satisfied certain rules set out in Internal Revenue Service regulations with regard to its compensation decisions. Each applicant nonprofit organization must state at the time of its application (in the Summary Data Sheet mentioned earlier) whether the applicant is a nonprofit organization that uses the Internal Revenue Service's three-step safe -harbor procedure to establish a rebuttable presumption that its executives' compensation is reasonable. A nonprofit organization that states on the Summary Data Sheet that it uses the safe -harbor procedure must then disclose, in an attachment to its application (to be titled "Disclosure of Process related to Executive Compensation"), the process used by the applicant nonprofit organization to determine the compensation of its officers, directors, trustees, and key employees (together, "covered persons"). At a minimum, the disclosure must describe in pertinent detail: (1) the composition of the body that reviews and approves compensation arrangements for covered persons; (2) the methods and practices used by the applicant nonprofit organization to ensure that no individual with a conflict of interest participates as a member of the body that reviews and approves a compensation arrangement for a covered person; (3) the appropriate data as to comparability of compensation that is obtained in advance and relied upon by the body that reviews and approves compensation arrangements for covered persons; and (4) the written or electronic records that the applicant organization maintains as concurrent documentation of the decisions with respect to compensation of covered persons made by the body that reviews and approves such compensation arrangements, including records of deliberations and of the basis for decisions. For purposes of the required disclosure, the following terms and phrases have the meanings set out by the Internal Revenue Service for use in connection with 26 C.F.R. 53.4958-6: officers, directors, trustees, key employees, compensation, conflict of interest, appropriate data as to comparability, adequate documentation, and concurrent documentation. Applicant nonprofit organizations should note that following receipt of an appropriate request, OW/ may be authorized or required by law to make information submitted to satisfy this requirement available for public inspection. Also, a recipient may be required to make a prompt supplemental disclosure after the award in certain circumstances (e.g., changes in the way the organization determines compensation). Financial Accounting Practices Each applicant must prepare a response to the following questions. Be sure to provide complete responses that address all questions included for each numbered item. OVW will review the applicant's responses to assist in evaluating the adequacy of the organization's financial 20 OMB Number -1122-0020 Expiration Date: 12/31/2018 management system and to identify areas of need for training and technical assistance. This section of the application should be no more than two pages and should be a separate attachment to the online application in Grants.aov. 1. Will all funds awarded under this program be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue/funding? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. 2. Does the applicant have written accounting policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant's policies and procedures. OVW may request a copy for review during the application/award process or as part of the grant monitoring process. 3. Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization's process for tracking expenditures, including tracking budgeted versus actual amounts. 4. Does the applicant have procedures in place for minimizing the time between transfer of funds from the United States Treasury and disbursement for project activities? Provide a short summary of the applicant's policy for requesting payments for grant awards. 5. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. 6. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Record Retention and Access can be found at 2 CFR 200.333-337. 7. Does the applicant or any of its employees have any potential personal or organizational conflicts of interest related to the possible receipt of OVW award funds? Applicants are required to disclose in writing any potential conflicts of interest to their awarding agency. See 2 CFR 200.112 of the Uniform Guidance and Chapter 3.20, Grant Fraud, Waste and Abuse, of the DOJ Financial Guide for additional information. 8. Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grants management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200)? Provide a short list of the individual's qualifications/experience. If the individual is not familiar with the applicable rules and regulations, the applicant must contact OVW's Grants Financial Management Division at OVW.GFMD(a7usdoi.gov or 1-888-514-8556 immediately after the applicant is notified of its award to coordinate training. 9. Does the applicant organization have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes, in compliance with laws, regulations, and terms and conditions of the award; and that established subaward performance goals are achieved (2 CFR 200.330-332)? Provide a brief description of the organization's policies and procedures on subrecipient management and monitoring. 10. Does the applicant organization currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees' salaries among Federal awards or other activities (2 CFR 200.430)? Budget estimates do not quality as support for charges to Federal awards. Provide a brief description of the organization's established timekeeping policies and procedures. 21 OMB Number —1122-0020 Expiration Date: 12/31/2018 This information will be used for a mandatory pre -award risk assessment. Failure to provide this information or to respond to questions from OVW regarding this information in a timely manner could result in the applicant being removed from consideration or a delay in access to funds. Indirect Cost Rate Agreement (if applicable) Applicants that intend to charge indirect costs through the use of an indirect cost rate must have a federally -approved indirect cost rate agreement. Include a copy of a current, signed federally - approved indirect cost rate agreement. This should be a separate attachment to the application in Grants.aov. Applicants that have never received a federally -approved indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs which may be used indefinitely. This includes state, local, and tribal governments that have never negotiated an indirect cost rate with the federal government and receive less than $35 million in direct federal funding per year. Organizations that wish to negotiate an indirect cost rate should contact OW/'s Grants Financial Management Division at OVW.GFMD aC�.usdoi.aov or 1-888-514-8556 for more information. Letter of Nonsupplantinq Applicants must submit a letter to OVW's Director, signed by the Authorized Representative, certifying that federal funds will not be used to supplant state or local funds should a grant award be made. Refer to htto://www. iustice.aov/sites/default/files/ovw/leaacv/2012/10/09/nonsup letter.pdf for a sample letter. This should be a separate attachment to the application in Grants.aov. Unique Entity Identifier (DUNS Number) and System for Award Management (SAM) Applicants for federal grants and cooperative agreements are required to have a Data Universal Number System (DUNS) Number to submit an application. A DUNS Number is a unique nine - character identification number provided by the commercial company Duns & Bradstreet (D&B). Once an applicant has completed the D&B registration, its DUNS Number should be available within two business days. Federal guidelines require that applicants must (1) be registered in SAM.gov prior to submitting an application; (2) provide a valid DUNS number in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application under consideration by a federal awarding agency. Also, federal agencies may not make an award to an applicant until that applicant has complied with all applicable DUNS and SAM requirements. If an applicant has not fully complied with the requirements by the time that OVW is ready to make an award, then OVW may make the determination that the applicant is not qualified to receive an award and use that determination as a basis for making the award to another applicant. The SAM centralizes information about grant recipients and also provides a central location for grant recipients to change organizational information. Grants.aov uses SAM to establish roles and IDs for electronic grant applicants. If the applicant already has an Employer Identification Number (EIN), the SAM registration will take up to two weeks to process. If the applicant does not have an EIN, then the applicant 22 OMB Number -1122-0020 Expiration Date: 12/31/2018 should allow two to five weeks for obtaining the information from IRS when requesting the EIN via phone, fax, mail or Internet. Follow the steps listed below to register in the SAM: 1. Obtain a DUNS number at the following website httD://www.dnb.com/us/ or call (866) 705-5711. 2. Access the SAM online registration through the SAM homepage at https://www.sam.gov/portal/SAM/#1#1 and follow the online instructions for new SAM users. 3. Complete and submit the online registration. If the applicant already has the necessary information on hand, the online registration takes approximately 30 minutes to complete, depending upon the size and complexity of the business or organization. Once the SAM registration becomes active, the applicant will be able to return to Grants.aov and complete the registration. Organizations must update or renew their SAM registration at least once a year to maintain an active status. DUNS SAM Grants.gov DUNS SAM Grants.aov January 11, 2018 January 11, 2018 January 11, 2018 There is no fee associated with the registration process. Additionally, the registration process cannot be expedited. OVW strongly discourages applicants from paying a third party to register on their behalf in an attempt to expedite the registration process. To ensure all applicants have ample time to complete the registration process, applicants must obtain a DUNS number, register online with the SAM and with Grants.aov immediately, but no later than January 11, 2018. Submission Dates and Times It is the responsibility of the applicant to ensure that the application is complete and submitted by the deadline. Applicants should anticipate that failure to meet all registration and submission deadlines will result in their applications being removed from consideration. Applicants should refer to the chart below to ensure that all required steps and deadlines are met. Applicants are strongly encouraged to begin the application submission process at least 48 hours, but no later than 24 hours, before January 31, 2018. Solicitation Availability Request Permission to Submit a Hardcopy Application Due Grants.gov and OVW Website For applicants who cannot submit an application electronically, contact the Rural Program at ovw.rural anusdoi.00v or 202 532-4629. 23 Dec. 14, 2017 - Jan. 31, 2018 January 11, 2018 to Lack of Internet Access Confirmation of Application Receipt OMB Number -1122-0020 Expiration Date: 12/31/2018 Grants.aov 1. The Authorized Organization Representative should closely monitor their email for any notification from Grants.aov about a possible failed submission. The Authorized Organization Representative (AOR) is a user role within Grants.gov for a user that is authorized to submit applications on behalf of the organization. 2. The Authorized Organization Representative should receive a minimum of two emails from Grants.aov. One will confirm receipt of the application package. The other will either notify the Authorized Organization Representative that the application was successfully submitted, or it will notify the Authorized Organization Representative that there was an error with the application submission. OVW does not send out these notifications, nor does OVW receive a copy of these notifications. It is the responsibility of the applicant to notify OVW of any problems with the application submission process. January 31,2018 Applicants are strongly encouraged to begin the application submission process at least 48 hours but no later than 24 hours before the deadline All applications will be submitted electronically. The deadline for submitting applications in response to this solicitation is 11:59 p.m. E.T. on January 31, 2018. Applications submitted after 11:59 p.m. E.T. on January 31, 2018 will not be considered for funding, unless the applicant receives OVW permission to submit a late application. Applicants experiencing difficulties submitting an application should refer to Experiencing Technical Difficulties During Submission in the chart below. OVW Policy on Duplicate Applications If an applicant submits multiple versions of an application, OVW will review the last version submitted before the deadline. 24 OMB Number —1122-0020 Expiration Date: 12/31/2018 OVW Policy on Late Submissions In limited circumstances, OVW will approve a request to submit an application after the due date. The chart below provides a description of the circumstances under which OVW will consider such requests. OVW will only consider a late submission request if all steps outlined below have been followed. Therefore, applicants are strongly encouraged to familiarize themselves with the late submission process. OVW's approval of a late submission request is not an indication of the application's final disposition. Applications approved for late submissions are still subject to all of the review processes and criteria described in this solicitation. Failure to begin registration or application submission in sufficient time to acquire the correct version of Adobe software is not an acceptable reason for late submission. Applicants should register with SAM and Grants.gov by January 11, 2018. To support applicants in submitting their proposals and promote a fair process, applicants who may be in need of an extension of the due date must adhere to the following: Process for Requesting Late Submission Severe Inclement Weather or Natural Disaster 1. Document when the severe inclement weather or natural disaster occurred, the impacted area, and the specific impact on the applicant/partners (e.g., without power for "x" days, office closed for "x" days). 2. Contact OVW at the earliest possible date and provide the information described in #1. 3. Contact OVW at least 24 hours prior to the solicitation closing if needing to request a late submission. Applicants impacted by severe inclement weather or a national disaster occurring on the due date can contact OVW up to 72 hours after the due date but as soon as possible. OVW may not be able to accommodate all requests resulting from severe inclement weather or a natural disaster but will do its best. 25 OMB Number —1122-0020 Expiration Date: 12/31/2018 Experiencing Technical Difficulties Beyond the Applicant's Reasonable Control Issue Issue with SAM or Grants.aov Registration Experiencing Unforeseeable Technical Difficulties During the Application Submission Process Applicant Action 1. Register and/or confirm existing registration at least 3 weeks prior to the application due date to ensure that the individual who will be submitting the application has SAM and Grants.aov access. 2. Maintain documentation of when registration began, any issues related to registration, and all communication with technical support. 3. Notify OVW as soon as you become aware of a problem with registration but no later than 14 days before the application due date. 1. Document when you began the submission process. 2. Contact Grants.aov at least 24 hours prior to the solicitation closing. 3. Maintain documentation of all communication with Grants.aov support. 4. Contact the Rural Program at ovw.rural(a usdoi.aov or Charlotte Turpin at charlotte.turpin anusdoi.gov indicating that the applicant is experiencing technical difficulties and would like permission to submit a late application. Provide a phone number and/or email address at which someone with the authority to submit the application and required 26 OVW Advice 1. Failure to begin the SAM or Grants.aov registration process in sufficient time (i.e., by the date identified in this solicitation) is not an acceptable reason for late submission. 2. Ensure that the person who will be submitting the proposal is the person registered in SAM to submit on behalf of the applicant. Common foreseeable technical difficulties for which OVW will not approve a late submission requests include: a. Using an outdated version of Adobe Acrobat; and b. Attachment rejection. Through Grants.aov, OVW can confirm when submission began. Applicants who start the submission process less than 24 hours before the deadline will not be considered for late submission. documentation can be 1. reached for the first 3 business days immediately following the due date. 5. Respond promptly to communication from OVW requesting the complete application package, applicant DUNS Number, Grants.aov helpdesk tracking numbers, and any 2. other relevant documentation. 3. OMB Number -1122-0020 Expiration Date: 12/31/2018 By beginning the application submission process 24-48 hours before the deadline, applicants should have sufficient time to receive notice of problems with their submissions and make necessary corrections. Applicants are responsible for ensuring that the most up-to-date version of Adobe Acrobat is installed on all computers that may be used to submit the proposal. This should be done at least 48 hours before the deadline. To ensure that attachments are not rejected, attachment names should only include allowable characters. (See Other Submission requirements). Intergovernmental Review - Single Point of Contact Review Executive Order 12372 requires applicants from state and local units of government or other organizations providing services within a state to submit a copy of the application to the state Single Point of Contact (SPOC) if one exists and if the program has been selected for review. Applicants must contact their state SPOCs to determine whether their programs have been selected for state review. The applicant should enter the date that the application was sent to the SPOC or the reason such submission is not required in the section of the SF 424 that refers to EO 12372. Applicants can find a list of SPOCs on the Office of Management and Budget website at htto://www.whitehouse.aov/omb/grants spoc. Funding Restrictions Federal assistance awards are governed by the provisions of 2 CFR Part 200. Additionally, OVW awards are covered by the DOJ Financial Guide. The DOJ Financial Guide includes information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. The guide also outlines the successful administration of grant funds. 27 OMB Number —1122-0020 Expiration Date: 12/31/2018 Any recipient of an award will be responsible for monitoring subawards and contracts, including MOU partner activities, under the grant in accordance with all applicable statutes, regulations, guidelines, and the DOJ Financial Guide. Primary recipients will be responsible for oversight of subrecipient/partner spending and monitoring specific performance measures and outcomes attributable to the use of OVW funds. Food and Beverage/Costs for Refreshments and Meals Generally, food and beverage costs are not allowable. OVW may approve the use of OVW funds to provide food and/or beverages for a working meal at a meeting, conference, training, or other event, if one of the following applies: 1. The location of the event is not in close proximity to food establishments. It should be a priority to try to secure a location near reasonably priced and accessible commercial food establishments. 2. Not serving food will significantly lengthen the day or necessitate extending the meeting to achieve meeting outcomes. 3. A special presentation at a conference requires a plenary address where there is no other time for food to be obtained. 4. Other extenuating circumstances necessitate the provision of food. Justification for an exception listed above must be included in the budget narrative, and funds may only be used to purchase food and/or beverages for a meal at a meeting, conference, training, or other event if OVW approves the specific expenditures in advance. For additional guidance on food and beverage expenditures go to http://www.iustice.00v/ovw/orantees. Conference Planning and Expenditure Limitations Applicants should be aware of all applicable laws, regulations, policies and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (which is defined to include meetings, retreats, seminars, symposiums, training and other similar events), including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies and guidance related to conference planning is available at htto://www.iustice.aov/ovw/grantees. Applicants should also be aware of the following specific restrictions on conference planning and expenditure limitations: 1. Cost of Logistical Conference Planning 2. Cost of Programmatic Conference Planning 3. Conference Space and Audio -Visual Equipment and Services 4. Prohibition on Trinkets at Conferences 5. Entertainment at Conferences 6. Food and Beverages at Conferences 7. Prior Approval Required Before Entering Into Contracts or Expending Funds for Conferences 8. Conference Reporting Updated Department of Justice and OVW guidance on conference planning, minimization of costs, and conference cost reporting is available on the OVW website at htto://www.iustice.aov/ovw/grantees. 28 OMB Number -1122-0020 Expiration Date: 12/31/2018 Training and Technical Assistance All applicants are required to allocate funds in the amount of $10,000 to support travel costs associated with technical assistance and capacity -building activities sponsored by OVW- designated technical assistance providers. Applicants from Alaska, Hawaii, and United States Territories should allocate $15,000 to account for higher travel costs. These specific applicants may exceed the budget caps to account for this increased travel amount. The $10,000 or $15,000 is for the entire 36 -month project period and NOT per year. The required set-aside amount may be shared between the applicant and any partnering agency(ies), but the budget must reflect the costs in the appropriate categories. Therefore, an employee's travel costs should be included in the "Travel" category, while travel costs for the project partner(s) must be included in the "Consultants/Contracts/Subawards" category. Label both costs as "OVW Technical Assistance." OVW technical assistance is provided free of charge to grantees, so applicants do not need to include registration fees. The amounts included in the budget should equal the full, required set-aside amount listed above. These funds can only be used for OVW-designated technical assistance, unless otherwise approved by OVW. Travel funds should be used to support travel by all project partners including nonprofit, nongovernmental victim service providers. Funds may also be used by persons whose positions are not grant -funded as long as that person's roles and responsibilities are linked to the project's overall mission. Applicants may budget for expenses in excess of the OVW estimate if they are aware of relevant non-OVW sponsored conferences for which they would like permission to use grant funds to support staff/project partner attendance. Program Assessments Grantees under this program are prohibited from using OVW funds to conduct research. Upon budget approval, they may use funds to assess their work for quality assurance and program improvement purposes only. Assessments for quality assurance and program improvement might include surveying training participants about the quality of training content and delivery or convening discussion forums with key stakeholders. Applicants considering proposing program assessments should refer to the DOJ/OJP decision tree to ensure that the activity does not qualify as human subjects research. Pre -Agreement Cost Morava' OVW generally does not allow pre -award costs. Costs incurred prior to the start date of the award may not be charged to the project unless the recipient receives prior approval from OVW. See the DOJ Financial Guide for more information on pre -award costs. Other Submission Requirements As discussed in the Submission Dates and Times section above, applications must be submitted electronically via Grants.aov. Applicants that are unable to submit electronically must follow the instructions in that section. After applicants obtain their DUNS number and register with SAM, they can begin the Grants.aov registration process. In order to apply for a grant, the applying organization must complete the Grants.aov registration process prior to beainnina an application for a federal grant. Complete instructions can be found at Grants.aov. The registration process generally takes between three and five business days and may take as long as four weeks if all steps are not completed in a timely manner. Grants.gov is not the Office of Justice Programs' (OJP) Grants Management System (GMS). If applicants experience difficulties at any 29 OMB Number —1122-0020 Expiration Date: 12/31/2018 point during this process, they should call the Grants.aov Customer Support Hotline at 1-800- 518-4726. The E -Business Point of Contact (E -Biz POC) within the applicant's organization must register the organization with Grants.aov. The E -Biz POC oversees the organization's Grants.aov transactions and assigns the AOR. The AOR submits the application to Grants.aov and must register with Grants.aov as well. In some cases the E -Biz POC is also the AOR for an organization. The application process can move forward once the organization successfully registers with Grants.aov. Registration is a one-time process. Note: Grants.gov limits the use of specific characters in names of attachment files. Valid file names include only the characters shown in the table below. Grants.aov is designed to reject any application that includes an attachment(s) with a file name that contains any characters not shown in the table below. Characters Upper case (A — Z) Lower case (a — Numbers (0-9) Underscore ( ) Hyphen (- ) Space Period (.) Special Characters Parentheses ( ) z) Ampersand (&) Comma (, ) At sign (@) 1 Percent sign (%) Curly braces { } Square brackets [ Tilde (—) Semicolon (; ) Number sign (#) Plus sign (+) Exclamation point (!) Apostrophe (' ) Dollar sign ($) Equal sign (_) 1 When using the ampersand (&) in XML, applicants must use the 1 "&amp;" format. OVW strongly suggests using simple titles for all documents, such as "FY 2018 OVW Project Narrative." Visit the Grants.aov website to review the most up-to-date guidelines about the use of specific characters. Submitting a Grant Application Important Grants.aov update. Grants.gov has updated its application tool. The legacy PDF application package is being phased out and will be retired on December 31, 2017. Grants.gov Workspace is now the standard application method for applying for grants. Applicants should familiarize themselves with the Workspace option now. For complete information and instructions on using Workspace (and other changes), go to the Workspace Overview page at httos://www.q rants.aov/web/grants/aoDlicants/workspace-overview.html. To ensure a successful application submission, OVW strongly encourages applicants to start their applications at least 48, but no less than 24, hours before the deadline. The Grants.aov Help Desk can be reached at 1-800-518-4726, Monday through Friday, from 7:00 a.m. to 9:00 p.m. E.T. except federal holidays. 30 OMB Number -1122-0020 Expiration Date: 12/31/2018 E. Application Review Information Criteria Applications will be subject to a peer review and a programmatic review. Applications will be scored based on the degree to which the application responds to each section and addresses each element in the section. Furthermore, applications will be scored based upon the quality of the response and the level of detail provided. Each element must be addressed in the section in which it is requested. Points may be deducted if the applicant does not include the information in the appropriate section even if it is included elsewhere within the application. Each section will be reviewed as a separate document and will be scored as such. Specifically, for the Rural Program, scoring will be as follows: 1 Summary data sheet: (5) points 2. Project narrative: (60) points, of which A. Purpose of the project: (15) points B. What will be done: (35) points C. Who will implement: (10) points 3. Budget narrative and detail worksheet: (15) points 4. MOU/Letter of Support (Court applicants, if applicable): (20) points Review and Selection Process Peer Review OVW will subject all eligible applications to a peer review process that is fair and based on the criteria outlined in this solicitation. OVW may use internal reviewers, extemal reviewers, or a combination of both. Programmatic Review All applications that are considered for funding will be subject to a programmatic review. The programmatic review consists of assessing the application for compliance with the program's scope, activities that compromise victim safety, and, if applicable, past performance and priority area review. OVW reserves the right to give special consideration to applications fully addressing OVW priority areas and to deduct points from applications for the following reasons: 1. Activities that compromise victim safety and recovery and undermine offender accountability (deduct up to 25 points.) 2. Out -of -scope activities (deduct up to 25 points) 3. Past performance (deduct up to 25 points) 4. Formatting and Technical Requirements (deduct up to 5 points) An application that is deemed to be substantially out of scope, proposes a substantial number of activities that are unallowable, or proposes activities that pose a significant threat to victim safety or a serious breach of confidentiality will not be considered for funding. An applicant with considerable past performance issues may receive a deduction in points as described above or be removed from consideration entirely regardless of the application's peer review score. As a part of the programmatic review process described above, applicants will be reviewed for past performance and risk based on the elements listed below. 31 OMB Number —1122-0020 Expiration Date: 12/31/2018 1. Demonstrated effectiveness of the current project indicated by timely progress toward meeting project goals and objectives. 2. Demonstration that past activities supported with OVW grant funds have been limited to program purpose areas. 3. Adherence to all special conditions of existing grant award(s) from OVW. 4. Adherence to programmatic and financial reporting requirements, including timely submission of required reports. 5. Completion of close-out of prior awards in a timely manner. 6. Appropriate use of and active participation in OVW-sponsored workshops and other technical assistance events as required by a special condition of the current or recent award. 7. Receipt of financial clearances on all current or recent grants from OVW. 8. Timely resolution of issues identified in any audit or on-site financial or programmatic monitoring visit. 9. Adherence to the Office of Management and Budget single -audit requirement. 10. Timely expenditure of grant funds. 11. Adherence to the requirements of the DOJ Financial Guide. Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the OVW Director, who also may give consideration to factors including, but not limited to, underserved populations, geographic diversity, strategic priorities, past performance, and available funding when making awards. All award decisions are final and not subject to appeal. High -Risk Grantees Based on DOJ's assessment of each grantee with regard to current or previous funding, unresolved audit issues, delinquent programmatic and fiscal reporting, and prior performance, a grantee may be designated "high risk." Awards to high-risk grantees may carry special conditions such as increased monitoring and/or prohibitions on drawing funds until certain requirements are met. High-risk grantees with substantial or persistent performance or compliance issues, long-standing open audits, or open criminal investigations will likely not receive an additional OVW award until all issues are resolved. Anticipated Announcement and Federal Award Dates It is anticipated that all applicants will be notified of the outcome of their applications by October 1, 2018. F. Federal Award Administration Information Federal Award Notices Successful applications will receive OVW award notifications electronically from the OJP Grants Management System (GMS) (not Grants.gov). This award notification will be sent to the individuals listed as the Authorized Representative and the Point of Contact on the SF -424 for the application that was selected for funding and will include instructions on accepting the award. Recipients will be required to log in; accept any outstanding assurances and certifications on the award; designate financial points of contact; and review, sign, and accept the award. The award acceptance process involves physical signature of the award document and terms and conditions by the Authorized Representative, scanning the fully executed award document, and returning the scanned document to OVW via facsimile or email. 32 OMB Number —1122-0020 Expiration Date: 12/31/2018 Administrative and National Policy Requirements Information for All Federal Award Grantees Applicants selected for awards must agree to comply with additional legal, administrative, and national policy requirements, including those requirements enumerated below. OVW strongly encourages applicants to review the information pertaining to these additional requirements prior to submitting an application. Additional information for each requirement can be found in the Solicitation Companion Guide. 1. Civil Rights Compliance 2. Funding to Faith -Based Organizations 3. Confidentiality and Privacy Protections 4. Research and the Protection of Human Subjects (if applicable) 5. Anti -Lobbying Act 6. Reporting Requirements 7. National Environmental Policy Act (NEPA) (if applicable) 8. National Historic Preservation Act (NHPA) (if applicable) 9. DOJ Information Technology Standards (if applicable) 10. Non -Supplanting of State or Local Funds 11. Criminal Penalty for False Statements 12. Reporting Fraud, Waste, Error, and Abuse 13. Suspension or Termination of Funding 14. Nonprofit Organizations 15. Government Performance and Results Act (GPRA) 16. Rights in Intellectual Property 17. Federal Funding Accountability and Transparency Act (FFATA) of 2006 18. Awards in Excess of $5,000,000 — Federal Taxes Certification Requirement 19. Active SAM Registration and Unique Identifier Requirements 20. Whistleblower Protections for Employees of OVW Grantees 21. Prohibited Conduct by Recipients Related to Trafficking in Persons 22. General Appropriations Law Restrictions on Use of Federal Funds 23. Recipient Integrity and Performance Matters Including Recipient Reporting to FAPIIS Terms and conditions for OVW awards, including awards under this program are available at http://www.iustice.aov/ovw/arantees. These terms are subject to change prior to the issuance of the awards. Violence Against Women Act Non -Discrimination Provision The Violence Against Women Reauthorization Act of 2013 added a civil rights provision that applies to all FY 2018 OVW grants. This provision prohibits OVW grantees from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. For more information on this prohibition, see http://www.iustice.aov/ovw/docs/faas-nac-vawa.pdf. Additional information on the civil rights obligations of OVW funding recipients can be found in the Solicitation Companion Guide under "Civil Rights Compliance." Accessibility Recipients of OVW funds must comply with applicable federal civil rights laws, which, among other things, prohibit discrimination on the basis of disability and national origin. Compliance 33 OMB Number —1122-0020 Expiration Date: 12/31/2018 with these laws includes taking reasonable steps to ensure that persons with limited English proficiency have meaningful access to recipients' programs and activities and that these programs and activities are readily accessible to individuals with disabilities. More information on these obligations is available in the Solicitation Companion Guide. Applicants must allocate grant funds or other available resources to support activities that help to ensure meaningful and full access to their programs. For example, grant funds can be used to support American Sign Language interpreter services, language interpretation and translation services, or the purchase of adaptive equipment. Reporting OVW grantees are required to submit semi-annual progress reports and quarterly Federal Financial Reports (SF -425). Appropriate progress report forms will be provided to all applicants selected for an award. Forms will be submitted electronically via GMS. Future awards and fund drawdowns may be withheld if reports are delinquent. G. Federal Awarding Agency Contact(s) For assistance with the requirements of this solicitation, contact the OVW Rural Program at (202) 307-6026 or ovw.rural(a�usdoi.00v. H. Other Information Application Checklist Applicants must submit a fully executed application to OVW, including all required supporting documentation. Prior to peer review, OVW will not contact applicants for missing items. Additionally, if an applicant plans to submit an application under any other OVW grant program this fiscal year, ensure that only documents pertinent to this solicitation are included with this application. OVW will not redirect documents that are inadvertently submitted with the wrong application (e.g., a Rural Program letter submitted with a Transitional Housing Program application will not be transferred to the Rural application). Application Document 1. Letter of Registration Date Completed 2. Summary Data Sheet 3. Project Narrative 4. Purpose of the Application 5. What Will Be Done 6. Who Will Implement 7. Proposal Abstract 8. Budget Detail Worksheet and Narrative 9. Memorandum of Understanding/Letters of Support (for state, tribal, territory or local court applicants only, if applicable) 34 10. Application for Federal Assistance: SF 424 11. Standard Assurances and Certifications 12. Applicant Financial Capability Questionnaire (new nonprofits only) 13. Confidentiality Notice Form 14. Disclosures of Process Related to Executive Compensation 15. Financial Accounting Practices 16. Indirect Cost Rate Agreement (if applicable) 17. Letter of Nonsupplanting 18. Delivery of Legal Assistance Certification Letter (if applicable) 19. Rural Eligibility Documentation OMB Number -1122-0020 Expiration Date: 12/31/2018 1 Do not submit documents in addition to those specified in this solicitation. Any materials submitted as part of an application may be released pursuant to a request under the Freedom of Information Act. Public Reporting Burden - Paperwork Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. OVW tries to create forms and instructions that are accurate, can be easily understood, and impose the least possible burden on applicants. The estimated average time to complete and file this form is 30 hours. Comments regarding the accuracy of this estimate or suggestions for simplifying this form can be submitted to the Office on Violence Against Women, U.S. Department of Justice, 145 N Street, NE, Washington, DC 20530. 35 OMB Number —1122-0020 Expiration Date: 12/31/2018 APPENDIX A Budget Guidance & Sample Budget Detail Worksheet 36 OMB Number —1122-0020 Expiration Date: 12/31/2018 Budget Guidance Cost guidance for selected items is provided below to assist applicants in preparing the budget detail worksheet. In developing your budget detail worksheet please refer to the DOJ Financial Guide. Consultants/Contracts Compensation for services by an individual consultant should be reasonable and consistent with that paid for similar services in the marketplace. Applicants should consider the type of services provided and the experience and expertise of the individual consultant when deciding if a consultant's rate is reasonable. Applicants are strongly discouraged from requesting consultant rates in excess of $650 per day. Please note that this does not mean that the rate can or should be as high as $650 for all consultants. If a project is ultimately selected for funding with a budget allocating more than $650 per day to a consultant, the applicant must provide additional information to OVW for review and approval before consultant costs are incurred. Applicants should also include all costs associated with consultants/contracts in the "Consultants/Contracts" category, including travel -related costs. These costs should not be reflected in the Personnel or Travel categories. Applicants should follow the same established procurement policies with federal funds as they would with non-federal funds. All procurement transactions, including the awarding of consultant contracts, should be conducted in a manner that provides maximum open, free and fair competition, and must follow 2 C.F.R. §§ 200.317-200.326. All sole -source procurements (those not awarded competitively) in excess of $150,000 require prior approval from OVW. This applies to procurements of goods and services, but not to selection of sub recipients. MOU Partners/Subrecioients MOU project partners are generally considered subrecipients for time spent working on program objectives. The following MOU project partner responsibilities are consistent with the characteristics in 2 C.F.R. § 200.330 that support their classification as subrecipients: they are using federal funds to carry out a program for a public purpose specified in the authorizing statute, they are responsible for adherence to program requirements, they are responsible for programmatic decision making, their performance is measured in relation to whether program objectives are met, and in some cases they may be responsible for determining who is eligible to receive assistance (services) under the grant award. In contrast, a contractor provides goods and services within normal business operations, provides similar good and services to many different purchasers, normally operates in a competitive environment, provides goods and services that are ancillary to the operation of the program, and programmatic requirements may not be applicable to the services they are providing. For additional information on determining whether the recipient of the pass-through funds is a subrecipient or a contractor, please refer to 2 CFR Part 200.330, as well as the Solicitation Companion Guide. Compensation for Partners In developing the budget, applicants should compensate all project partners for their participation in any project -related activities, including but not limited to, compensation for time and travel expenses to participate in project development, training, and implementation. The budget must include compensation for all services rendered by project partners, including nonprofit, nongovernmental domestic violence and/or sexual assault victim services programs and state and tribal domestic violence and/or sexual assault coalitions. Keep in mind that partners are generally considered a subrecipient and would be reimbursed for their actual costs 37 OMB Number —1122-0020 Expiration Date: 12/31/2018 incurred for the project rather than a fee for service. If a partner is a state or local governmental agency and the partnership duties are conducted within the course of the agency's "regular" scope of work, applicants do not need to compensate the partner if the partner a) offers this arrangement; and b) an explanation of this arrangement is included in the application. Rent Rental costs are generally allowable under OVW programs. Applicants should list square footage and cost per square foot in the budget. The amount must be based on the space that will be allocated to implement the OVW project, not the costs of the entire rental space. Rental costs are not allowable for property owned by the applicant or if the applicant has a financial interest in the property. In this case only the costs of ownership, including maintenance costs, insurance, depreciation, utilities, etc., are allowable costs. The applicant must indicate in the budget narrative whether or not they own the space that will be rented. Audit Costs Costs for audits not required or performed in accordance with the Office of Management and Budget (OMB) Circular A-133 or 2 CFR Part 200 Subpart F — Audit Requirement are unallowable. If the applicant agency did not meet the applicable expenditure threshold during the organization's fiscal year, the cost of any audit performed may not be charged to the grant. Indirect Costs Applicants that have current, federally -approved, indirect cost rates may seek to claim indirect costs and must submit a copy of their current federally -approved indirect cost rate agreement with the application. Applicants may choose to waive indirect costs. Non-federal entities that have never received a federally -approved indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs which may be used indefinitely. This includes state and local governments that have never negotiated an indirect cost Purchase and/or Lease of Vehicles The purchase and lease of vehicles are prohibited under most OVW grant programs, although some programs allow for purchasing vehicles on a case-by-case basis. Refer to the solicitation for which you are applying to determine whether vehicles can be purchased or leased. If requesting a vehicle, a lease/purchase analysis must be submitted with the application. Non -Federal contributions Any non-federal contributions can be discussed in the project narrative or Memorandum of Understanding (if required). Applicants should not include supplemental contributions in the budget, budget narrative, or SF -424. Applicants are advised that if they voluntarily decide to provide matching funds through the use of in-kind contributions, and include this information in the budget or budget narrative, the voluntary contributions will become a mandatory requirement under the grant award. Grantees that fail to provide sufficient mandatory matching funds through cash or in-kind contributions during the award period may be required to meet their obligation by making a cash payment to the Office on Violence Against Women in order to close out the grant award. 38 OMB Number —1122-0020 Expiration Date: 12/31/2018 Budget Detail Worksheet Purpose: The Budget Detail Worksheet may be used as a guide to assist you in the preparation of the budget and budget narrative. You may submit the budget and budget narrative using this form or in the format of your choice (plain sheets, your own form, or a variation of this form). However, all required information (including the budget narrative) must be provided. Any category of expense not applicable to your budget may be deleted. Note: The following budget is an example intended to assist you in preparing your application budget. The sample expenses may not fit the purposes or activities of this particular grant program. A. Personnel — List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Computation Cost Program Coordinator $23,500 x 100% x 3 years $ 70,500 Investigator $45,000 x 100% x 3 years $135,000 Administrative Assistant $10/hr. x 20 hrs/month x 36 months $ 7,200 The Program Coordinator will coordinate the tribe's Tribal Governments Program project by organizing regular coordinating council meetings between all partner organizations, ensuring compliance with program requirements, and serving as the central point of contact for all project activities. The Investigator is an investigator with the tribal law enforcement agency. She/he will dedicate 100% of their time to investigating cases of domestic violence, sexual assault, dating violence and stalking that occur on tribal lands. The Administrative Assistant for the project will be a part-time employee. She/he will be compensated at a rate of $10/hour. The designated time spent on the project will be 20 hours each month providing administrative and clerical support to the staff of the Victim Services Program. TOTAL PERSONNEL: $ 212.700 B. Fringe Benefits — Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Worker's Compensation, and Unemployment Compensation. Name/Position Program Coordinator Employer's FICA Computation $70,500 x 7.65% 39 Cost $ 5,393 OMB Number -1122-0020 Expiration Date: 12/31/2018 Health Insurance $70,500 x 6.12% $ 4,315 Worker's Compensation $70,500 x 1.00% $ 705 Unemployment $70,500 x 0.50% $ 353 Compensation Investigator Employer's FICA $135,000 x 7.65% $10,328 Health Insurance $135,000 x 6.12% $ 8,262 Worker's Compensation $135,000 x 1.00% $ 1,350 Unemployment $135,000 x 0.50% $ 675 Compensation Administrative Assistant Employer's FICA $ 7,200 x 7.65% $ 551 Health Insurance $ 7,200 x 6.12% $ 441 Worker's Compensation $ 7,200 x 1.00% $ 72 Unemployment $ 7,200 x 0.50% $ 36 Compensation TOTAL FRINGE BENEFITS: $ 32,481 TOTAL PERSONNEL AND FRINGE BENEFITS: $ 245.181 The tribe is requesting fringe benefits for the Program Coordinator, the Investigator, and the Administrative Assistant. C. Travel - Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3 - day training at $X airfare, $X lodging, $X per diem). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and unit costs involved. Identify the location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel Regulations. Purpose of Travel Location Item OVW-Mandated TBD TBD Training and Technical Assistance Computation TBD Cost $12,000 $12,000 of the required $20,000 in OVW mandated technical assistance and training funds has been allocated to cover the cost of travel for staff of the tribe in accordance with program guidelines. The remaining amount of $8,000 has been allocated for partner or consultant travel and can be found in Section G of this form. The sites of the training sessions are unknown at this time. Travel estimates are based upon the tribe's formal written travel policy. 40 OMB Number —1122-0020 Expiration Date: 12/31/2018 TOTAL TRAVEL: $ 12,000 D. Equipment — List non -expendable items that are to be purchased. (Note: Organization's own capitalization policy for classification of equipment should be used.) Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing the procurement method to be used. Item Computation Cost (2) Video Cameras $750/camera x 2 cameras $ 1,500 The video cameras will be used during the interviews of alleged offenders, as well as to record witness testimony in preparation for trial in cases of domestic violence, dating violence, sexual assault, and stalking. TOTAL EQUIPMENT: $ 1,500 E. Supplies — List items by type (office supplies, postage, training materials, copying paper, and other expendable items such as books, thumb drives, and flash drives) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply Items Computation Cost Office Supplies (paper, printer, toner, pens, $150/month x 36 months $5,400 etc.) Postage $ 50/month x 36 months $1,800 75 Victim Assistance Kits $ 25/kit x 75 kits $1,875 Office supplies and postage are needed for the general operation of the program. The Victim Assistance Kits will be provided to victims of domestic violence, dating violence, sexual assault, and stalking who seek assistance from the program. The kits contain toiletries and other necessities. The estimated cost is based on previous kit prices from other programs. We estimate that at least 75 kits will be needed. TOTAL SUPPLIES: $ 9,075 F. Construction — As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the program office before budgeting funds in this category. Purpose Description of Work Cost 41 OMB Number —1122-0020 Expiration Date: 12/31/2018 TOTAL CONSTRUCTION: IS G. Consultants/Contracts/Subawards — Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 -hour day), and estimated time on the project. Consultant fees in excess of $650 per day or $81.25 per hour require additional justification and prior approval from the Office on Violence Against Women. Name of Consultant Consultant /Trainer Part -Time Civil Attorney Service Provided Sexual Assault Training Civil Legal Assistance Computation Cost $650/day x 3 days $ 1,950 $50/hr. x 20 hrs./month x 36 $ 36,000 months A Consultant/Trainer will provide a three day on-site training on sexual assault and related issues to tribal leaders, law enforcement, prosecution, court personnel, and medical and social services personnel. The training will focus on the challenges of providing support and advocacy services to Indian victims of sexual assault, dating violence, and elder abuse. The tribe will hire a Part -Time Civil Attorney. The Part -Time Civil Attomey will be compensated at an hourly rate of $50/hour. The Part -Time Prosecutor will spend 20 hours each month providing civil legal assistance to victims of sexual assault, domestic violence, dating violence, and stalking. Subtotal Consultant Fees: $ 37.950 Consultant Travel: List all expenses to be paid from the grant to the individual consultant in addition to their fees (i.e., travel, meals, lodging etc.). Purpose of Location Travel Delivery of Sexual Tribe's Assault Training Reservation Item Airfare Lodging Per diem Computation $500 (avg.) x 1 person x 1 trip $ 50 (avg.)/night x 2 nights $ 35 (avg.)/day x 3 days Subtotal Sexual Assault Training: Subtotal Consultant Travel: $705 42 Cost $ 500 $ 100 $ 105 705 OMB Number —1122-0020 Expiration Date: 12/31/2018 $8,000 of the required $20,000 in OVW mandated technical assistance and training funds has been allocated to cover the cost of travel for staff of the tribe in accordance with program guidelines. The sites of the training sessions are unknown at this time. Funds have also been allocated to pay for the Consultant/Trainer to travel to the reservation to provide sexual assault training. Contracts: Provide a description of the product or services to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $150,000. Item Computation Cost CeII Phone Service $75/month x 36 months $ 2,700 Equipment and Rental $300/month x 36 months $10,800 Lease Subtotal Contracts: $ 13.500 The Shelter Advocates will share a cellular phone so that they may be contacted 24 hours/day, 7 days a week to provide emergency services and transportation to victims in need. Equipment to be rented and/or leased includes the copier and printer. The copier and printer costs are allocated based on historical usage Subawards/Partner Compensation: Provide a description of project activities for which subrecipients/MOU partners will receive compensation under the award, including services for victims. Include any compensation for partner/subrecipient travel in this section as well. Subrecipient Name Computation Cost XYZ Victim Services Organization Advocate $40,000 annual salary x .25 FTE Advocate Benefits x 28% of FTE salary XYZ Housing Provider Rent subsidies Permanent housing advocate Permanent housing advocate $10,000 $ 2,800 $150/mth x 12 mths x 15 victims/families $27,000 $40,000 annual salary x .10 FTE $ 4,000 Benefits x 28% of FTE salary $ 1,120 Subtotal Subawards: $44,920 MOU partner XYZ Victim Services Organization will provide victim advocacy services, including safety planning and court accompaniment services. The MOU partner XYZ Housing Provider will provide rent subsidies for victims and their dependents as well as permanent housing placement services and advocacy. The rent subsidy rates are based on our experience with available community housing. 43 OMB Number —1122-0020 Expiration Date: 12/31/2018 Subaward Travel: List all expenses to be paid from the grant to project partners/subaward recipients to cover project related travel expenses including participation at OWV-mandated training (i.e., travel, meals, lodging etc.). Purpose of Travel Location Item Computation OWV-Mandated TBD TBD TBD Training and Technical Assistance TOTAL CONTRACTS, CONSULTANTS, AND SUBAWARDS: $ 113.075 Cost $8,000 H. Other Costs — List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by major type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, and provide a monthly rental cost and how many months to rent. Item Computation Cost Sexual Assault Training $ 25/manual x 25 manuals $ 625 Manual Resource Manual $ 25/manual x 75 manuals $ 1,875 Crisis Hotline $ 75/month x 36 months $ 2,700 Brochures $ .25/brochure x 1,000 copies x 2 Titles $ 500 Rent $1.50/sq. foot x 1,000 sq. feet x 36 months $54,000 Utilities $200/month x 36 months $ 7,200 Housing Assistance $500/family x 12 families/year x 3 years $18,000 The Sexual Assault Training manuals will be purchased from the Sexual Assault Resource Center and will be used in conjunction with the on-site training that will be provided by the Consultant/Trainer. The Project Coordinator will develop and produce a Resource Manual for services both on and off the Reservation for victims of domestic violence, sexual assault, dating violence, and 44 OMB Number -1122-0020 Expiration Date: 12/31/2018 stalking. Copies of the manual will be provided to all units of Tribal government and to victim services and social services agencies in the local community. Many victims in the more geographically remote areas of the Reservation do not have long distance service, and it is a long distance call for most of them to reach the program office. The project will continue to operate an 800 hotline for victims. It will be staffed by volunteers on a daily basis. The program has previously developed brochures explaining the dynamics of domestic violence and sexual assault and detailing the services offered by the program. Additional copies of the brochures need to be reproduced. Based on previous distribution patterns, it is anticipated that the program will distribute 1,000 copies of each brochure during the 36 month grant period. The Victim Services Program rents a safe house that is located off -reservation in the local community. The house is used to provide temporary housing to victims of domestic violence and their minor children who are in need of a safe place to stay after fleeing an abusive situation. The rent is consistent with the fair market rate for similar properties in the local community. The cost of utilities (i.e., gas, electric, and water service) averages $200/month. The services are necessary to ensure that the house is suitable for occupancy. Funds have been budgeted to provide transitional housing assistance to at least one victim of domestic violence, dating violence, sexual assault or stalking each month. Each victim and her dependents will receive up to $500 to assist with rent and utility payments or security deposits. TOTAL OTHER COSTS: $ 84.900 I. Indirect Costs — Indirect costs are allowed if the applicant has a federally approved indirect cost rate. A copy of the rate approval (a fully executed, negotiated agreement) must be attached. If the applicant does not have an approved rate, one can be requested by contacting the applicant's cognizant federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct costs categories. Non-federal entities that have never received a federally - approved indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. This includes state and local governments that have never negotiated an indirect cost rate with the Federal government and receive less than $35 million in direct Federal funding per year. Tribes that have never negotiated an indirect cost rate with the Federal government may also use the 10% de minimis rate. Description 13.25% of Direct Salaries (Excluding Fringe Benefits) Computation Cost $212,700 x 13.25% $28,183 TOTAL INDIRECT COSTS: $ 28.183 45 OMB Number -1122-0020 Expiration Date: 12/31/2018 The Indirect Cost Rate Agreement was approved by the Department of the Interior, the applicant's cognizant federal agency on January 1, 2017. (A copy of the fully executed, negotiated agreement is attached). Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of federal funds requested and the amount of non-federal funds that will support the project. Budget Category Amount A. Personnel $212,700 B. Fringe Benefits $ 32,481 C. Travel $ 12,000 D. Equipment $ 1,500 E. Supplies $ 9,075 F. Construction $ 0 G. Consultants and Contracts $ 105,075 H. Other Costs $ 84, 900 Total Direct Costs $ 457,731 I. Indirect Costs $ 28,183 TOTAL PROJECT COSTS Federal Share Requested Non -Federal (Match) Amount 46 $ 485,914 $ 485,914 $ 0 OMB Number -1122-0020 Expiration Date: 12/31/2018 APPENDIX B Sample Letter of Registration OMB Number —1122-0020 Expiration Date: 12/31/2018 [Applicant Letterhead] [Date] Director Office on Violence Against Women 145 N Street NE Suite 10W.121 Washington, DC 20530 Dear Director: This letter serves to certify that [Insert Applicant Name] is registered and current with the System for Award Management (SAM) under DUNS number [insert DUNS number]. [Insert Applicant Name] registered/verified registration on [Insert Verification Date]. The SAM registration for [Insert Applicant Name] will expire on [Insert Expiration Date]. First Time Grants.aov Users ONLY - I understand that in order to submit an application for the FY 2018 Rural Sexual Assault, Domestic Violence, Dating Violence and Stalking Program, [Insert Applicant Name] must be registered with Grants.aov. I certify that [Insert Organization Name] began the registration process with Grants.Qov on [Insert Registration Date]. OR Repeat Grants.gov Users ONLY — I understand that upon application submission in Grants.aov the Authorized Organization Representative (AOR) will receive a minimum of two email messages. One will confirm receipt of the application package. The other will either notify the AOR that the application was successfully submitted, or it will notify the AOR that there was an error with the application submission. In order to successfully receive notifications from Grants.aov, all information listed in Grants.gov must be current and active. [Insert Applicant Name] verified that all information listed in Grants.pov (Name and contact information for the AOR, organization address, etc.) is current and active on [Insert Date]. Sincerely, [Authorized Representative] 48 OMB Number —1122-0020 Expiration Date: 12/31/2018 APPENDIX C Disclosures of Process Related to Executive Compensation 49 OMB Number —1122-0020 Expiration Date: 12/31/2018 Disclosures of Process Related to Executive Compensation Sample Cover Letter [Applicant Letterhead] [Date] Director Office on Violence Against Women 145 N Street, NE Suite 10 W. Washington, DC 20530 Dear Director: The [Applicant] is a nonprofit organization that uses the Internal Revenue Service's three-step safe -harbor procedure for establishing a rebuttable presumption that our executives' compensation is reasonable. Therefore, I am submitting the following information to you, as required by the Violence Against Women Reauthorization Act of 2013: Following is the process used to determine the compensation of officers, directors, trustees, and key employees (together, "covered persons"): The text of the letter should include the following: (1) the composition of the body that reviews and approves compensation arrangements for covered persons; (2) the methods and practices used by the applicant nonprofit organization to ensure that no individual with a conflict of interest participates as a member of the body that reviews and approves a compensation arrangement for a covered person; (3) the appropriate data as to comparability of compensation that is obtained in advance and relied upon by the body that reviews and approves compensation arrangements for covered persons; and (4) the written or electronic records that the applicant organization maintains as concurrent documentation of the decisions with respect to compensation of covered persons made by the body that reviews and approves such compensation arrangements, including records of deliberations and of the basis for decisions. Sincerely, [Authorized Representative] Attachments 50 OMB Number —1122-0020 Expiration Date: 12/31/2018 APPENDIX D Summary of Current and Recent OVW Project .0... C.; 4) C 0 0 CP LU Z o 00 0 0 0 o 0 0 C 0.. 00 4. 0 cst 0 i'.. (-.) o a) a) o ift E m to a. (r) w 0 E ..-1 S' co 0 a) 151o in 0 P. w `; 4. C \I Ct 1:3 CN CO r, 0) C -0 p C•4 a) t *6 3 c = o4w N 0 *17, 13 ii -5 wa wo_ ® .1.0 co E E co E >< = = 66 '-U) w to 0 C. cv 4 co 0 0) 4 OMB Number —1122-0020 Expiration Date: 12/31/2018 APPENDIX E Summary of Current and Pending Non-OVW Grants to Do the Same or Similar Work 53 Summary of Current and Pending Non-OVW Federal Grants to Do the Same or Similar Work [Insert description.] '�• • \- #&<•• 4% 2/a@BG» 2/§x)c `>0 9 @� 7acsiu) Amount Remaining 0 2§8 0 2701 / 2.2-82®m 2a0 t0 00 • §6»[322#/$ 5lEG5a 11) «o=CCT,00. R=LLewm00c0c � k6da2zd3a= 2f 0 N10 lb- 3?( 2¥e . =c '- 0 0 = 0. Amount Requested [Insert description.] E E Q o § 2 > 2 0 \ \ Pending Applications Service Are:--: o 22? ■ <zx 0 0 OMB Number —1122-0020 Expiration Date: 12/31/2018 APPENDIX F Sample Certification Letter OMB Number -1122.0020 Expiration Date: 12/31/2018 Sample Legal Assistance Certification Letter [Applicant Letterhead] [Date] Director Office on Violence Against Women 145 N Street, NE Suite 10 W. Washington, DC 20530 Dear Director: This letter serves to certify that [Applicant] is in compliance with the following statutory requirements: (1) Any person providing legal assistance through a program funded under the Rural Program (A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault or stalking in the targeted population; or (B) (i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and (ii) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence -based risk factors for domestic and dating violence homicide. (2) Any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a state, local, territorial, or tribal domestic violence dating violence, sexual assault, or stalking victim service provider or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials. (3) Any person or organization providing legal assistance through a program funded under this Program has informed and will continue to inform state, local, or tribal domestic violence, dating violence, sexual assault, or stalking programs and coalitions, as well as appropriate State and local law enforcement officials of their work. (4) The grantee's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue. Sincerely, [Authorized Representative] 56 OMB Number -1122-0020 Expiration Date: 12/31/2018 APPENDIX G Rural Eligibility Determination and Documentation Process 57 OMB Number —1122-0020 Expiration Date: 12/31/2018 Rural Eligibility Determination and Documentation Process All applicants, whether from statutorily defined rural States or non -rural States, must submit the eligibility and service area documentation as identified in Appendix G. The only exception is for applicants who are federally recognized Indian tribes who are statutorily rural -eligible, regardless of their location, and documentation is not required For the purpose of the Rural Program, a rural area or community is defined as: (a) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; or (b) any area or community, respectively, that is (i) within an area designated as a metropolitan statistical area or considered part of a metropolitan statistical area; and (ii) located in a rural census tract. Rural grant funds may not be used to serve victims residing in census tracts that are not rural. The following instructions will assist applicants in determining whether the areas in which they are proposing to serve is designated as "rural" using the definitions above. Once eligibility is determined, the following instructions describe how to obtain the necessary documentation confirming your eligibility which is required to be included with your application. Applications that do not provide the required documentation supporting the rural eligibility determination will not be considered for funding. If multiple service areas are proposed, supporting documentation is required for all proposed service areas. If the application is proposing to serve a fully rural county, it must include the one-page print out from HRSA that identifies that county is fully eligible. If the application is proposing to serve a county that is partially rural, it must include a print out from the Census factfinder that shows the rural and urban population for each and every census tract in that county, and note which census tracts the project will serve. NO OTHER FORMS OF DOCUMENTATION WILL BE ACCEPTED. Determining Eligibility The following is a step-by-step guide to determine the eligibility of the proposed service area. 1. Identify the county(ies) to be served by this project. 2. Click on the following link: http://datawarehouse.hrsa.aov/RuralAdvisor/RuralHea!thAdvisor.aspx 3. Select the State or Territory in the drop down menu. 4. Select the county in the drop down menu. 5. One of three messages will appear (Example 1: Yes! All locations in this county are eligible, Example 2: Some parts of this county are eligible, or Example 3: No location in this county is eligible). EXAMPLE 1 Yes! All locations in this county (Charles Mix County, South Dakota) are eligible for Rural Health Grants. Your eligibility has been determined for this county. Documenting Eligibility for Example 1: 58 OMB Number -1122-0020 Expiration Date: 12/31/2018 For all counties found fully eligible at this point, print out this web page documenting eligibility (displaying the above message in green) and attach to the application as Rural Service Area Documentation. No further information is needed for this county. This process needs to be completed for each and every service area. If an applicant has additional service areas, go back to Step 1 and complete the same process for each area. EXAMPLE 2 Some parts of this county (Pennington County, South Dakota) are eligible for Rural Health Grants. Use the hyperlink above to check by specific address. [Note] For this message, applicants must go to the Census FactFinder website. DO NOT attempt to document the service area by clicking on the referenced hyperlink and entering an address. Using the HRSA website to demonstrate an "address" is considered rural by this site DOES NOT meet the documentation requirements for OVW. EXAMPLE 3 No location in this county (Minnehaha County, South Dakota) is eligible for Rural Health Grants. Documenting Eligibility for Examples 2 and 3: Although this county has been determined (in whole or in part) as ineligible as a service area through the initial tool, there may be census tracts within the county that are eligible. To determine eligibility of census tracts, complete the following: 1. For all counties found partially eligible or ineligible (Examples 2 and 3), proceed to the following: htto://factfinder.census.aov/faces/nav/isf/pages/index.xhtml - 2. Click on "Advanced Search" Tab above 3. On the left column click on "Geographies" 4. Under "Select a geographic type" select "census tract" (140) - [NOTE: Should be the 6"' link down) 5. Under "Select a state" select your state 6. Under "Select a county" select your county 7. Under "Select one or more geographic areas," and click "Add to Your Selections," select "All census tracts" 8. Close ("x") that screen and Search "rural" under "Refine Your Search Results" 9. Select "P2" "Urban and Rural" 10. Click "View" The resulting information will show the following for each census tract within that county: a. total population b. urban population c. rural population 11. Print out all the pages from this website that identify the total population, urban population, and rural population to document this information for all census tracts within this county. This documentation must be attached to the application." 12. Any census tracts in which more than 50% of the total population is listed as "rural" are eligible service areas. " Include the print outs for all census tracts within a county so it is clear how many census tracts within a county are being targeted by the proposed project. 59 John Hummel District Attorney 1164 NW Bond Street • , 0 977Bend, Oregon 3 03 (541) 388-6520 • Fax: (541) 330-4691 Grand Jury Fax: (541) 330-4698 www.dcda.us 2018 OVW GRANT OPPORTUNITY SUMMARY 1. Grant Title a. US Department of Justice Office on Violence Against Women "Improving Criminal Justice Reponses to Sexual Assault, Domestic Violence, and Stalking Grant Program" i. Formerly known as the Grants to Encourage Arrest and Enforcement of Protection Orders Program 2. Submission Due Date a. Applications are due on February 27, 2018 by 11:59 p.m. Eastern Time i. Strongly encouraged to be submitted 48 hours prior 3. Funding Sought a. The grant is for $450,000 over 3 years. b. If awarded, the funding is scheduled to be available starting on October 1, 2018. 4. Project Summary a. We are seeking funding to address the following three main target areas: i. Create a Domestic Violence Investigator position to provide follow up investigations for Domestic Violence cases occurring in Deschutes County. ii. Create a High Risk Domestic Violence Team. iii. Continue the Lethality Assessment Protocol currently funded by an OVW grant that is scheduled to end in September of 2017. 5. Community Partners a. Deschutes County b. Deschutes County District Attorney's Office c. Deschutes County Sheriff's Office d. Bend Police Department e. Redmond Police Department f. Sunriver Police Department g. Black Butte Police Department h. Saving Grace 6. Action Sought from BOCC a. Request approval to apply for the 2018 OVW Grant Opportunity with Deschutes County as the applicant and the Deschutes County District Attorney's Office as the authorized representative. b. Request approval for John Hummel and the Board Chair to sign documents necessary to apply for the grant with legal approval. -(ES o -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 17, 2018 DATE: January 12, 2018 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Discussion: Oregon Department of Agriculture Regulation of Marijuana and Hemp ATTENDANCE: Matthew Martin, Senior Planner SUMMARY: The Board of County Commissioners (Board) is conducting a series of work sessions with state agencies, district representatives, and law enforcement as part of the County's marijuana evaluation project. This work session focuses on the Oregon Department of Agriculture's (ODA) role in regulating marijuana (aka cannabis) and hemp. The Board will meet with the following representatives: • Sunny Jones - Cannabis Policy Coordinator, Oregon Department of Agriculture • Jim Johnson - Land Use and Water Planning Coordinator, Oregon Department of Agriculture Community Development Department Planning Division Building Safety Division Environmental Soils Division 13,0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541) 388-6575 Fax (541) 385-1764 http:Mvww, d e s c h ute s, o rg/cd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Matthew Martin, AICP, Senior Planner DATE: January 17, 2018 SUBJECT: Oregon Department of Agriculture Regulation of Marijuana and Hemp The Board of County Commissioners (Board) is conducting a series of work sessions with state agencies, district representatives, and law enforcement as part of the County's marijuana evaluation project. This work session focuses on the Oregon Department of Agriculture's (ODA) role in regulating marijuana (aka cannabis) and hemp. The Board will meet with the following representatives: • Sunny Jones - Cannabis Policy Coordinator, Oregon Department of Agriculture • Jim Johnson - Land Use and Water Planning Coordinator, Oregon Department of Agriculture In addition to this meeting, work sessions are planned with: • Deschutes County Sherriff's Office, District Attorney, Code Enforcement (tentatively scheduled for Jan. 22); and • Oregon Liquor Control Commission on Jan. 29 Attachments: ODA Cannabis Handout ODA Cannabis Webpage ODA Industrial Hemp Webpage Quality Services Performed with Pride OREGON CANNABIS Cultivate your business with the Oregon Department of Agriculture Applying pesticides? • The label is the law • Consult the guidelist • Applicators may need a license Keeping your water clean? • Know the water quality rules • Follow the ag water quality plan for your area Selling by weight? cs y<4a legal for trade sales Use correct4 scale size Getascale inspection Weights r& rs Measures Voluntary Fee for Service $• Pest identification • Disease identification • Noxious weed identification • Certification services The Oregon Department of Agriculture (ODA) administers many programs that affect agriculture producers and processors. These programs could apply to your cannabis business. Oregain More info online: bit.do/CannabisODA Departgriculturmente Sunny Jones, Cannabis Policy Coordinator: 503-986-4565 of A Oregon Department of Agriculture: Cannabis (marijuana) OREGON.GOV Oregon Department of Agriculture / Oregon Agriculture / Cannabis (marijuana) Cannabis (marijuana) Learn About Oregon Agriculture Agricultural Statistics Laws and Rules New and Small Farms Grants, Loans, and Technical Assistance Farm Internships Tractor Training Drought and Disaster Resources Oregon Agricultural Boards and Commissions Agriculture Organizations Celebrate Oregon Agriculture Food Safety Modernization Act Maps The Oregon Department of Agriculture (ODA) administers many programs that affect agriculture producers and processors. These programs could also affect cannabis production, processing, wholesale, and retail activities. The Oregon Health Authority and the Oregon Liquor Control Commission are the lead agencies for medical and recreational marijuana, respectively. Due to ODA's authorities, ODA is associated with many of the elements related to cannabis. This page will continue to be updated as new information is received. Agricultural water quality: Protecting Oregon's waterways The Oregon Department of Agriculture is responsible for developing plans to prevent and control water pollution from agricultural activities and soil erosion on rural lands. Issues related to agriculture that can negatively impact water quality include: • Sediment from eroding croplands, pasture lands, and stream banks • Erosion and runoff from farm roads • Runoff of pesticides or nutrients from fertilizers • Runoff of nutrients and bacteria from animal manure • Cannabis and agricultural water quality handout �w Agricultural lands can protect and improve water quality. For example, healthy streamside vegetation prevents runoff from excessive sediment and stabilizes stream banks. Each region of the state has its own unique way to protect Oregon's waterways. Growing cannabis is an agricultural activity. For more information about cannabis and water quality, visit the Agricultural Water Quality Program. Food safety http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Contacts Oregon Department of Agriculture marijuana questions: marijuana@oda. state. onus Oregon Liquor Control Commission recreational marijuana questions: marijuana@oregon.gov L...] Oregon Health Authority medical marijuana questions: medmj.dispensaries@state.or.us it_.i More info from ODA Industrial hemp information Cannabis info email subscription Oregon Department of Agriculture: Cannabis (marijuana) In general, ODA is responsible for regulating the production, processing, and distribution of food products in the state of Oregon. • Cannabinoid edibles must be manufactured according to the same standards of that of traditional foods, with the exception of packaging and labeling requirements that were established by HB 3400. • A cannabis -processing license is required, which is not provided by ODA. However, ODA can provide on-site consultation assistance, review site plans, or issue a food safety license. • ODA will not be able to issue a home (domestic) food safety license for the manufacturing of cannabinoid edibles. • Cannabis and food safety licensing handout }- If you are considering manufacturing a cannabinoid edible, visit the Food Safety Program. Pesticides: What should I know before I use a product? With respect to pesticide use, the pesticide label is the law. • There are no pesticides specifically labeled for the production of marijuana, therefore ODA is developing criteria to help cultivators identify pesticide products that may be used for the production of Oregon cannabis. ODA has compiled a guidance list of pesticide products ru that satisfy the criteria. • Pesticide labels contain both mandatory and advisory statements in order to provide protection for the pesticide user. Worker safety requirements can differ between an indoor grow and an outdoor grow. Following pesticide label instructions is not only the law but reduces the risk of unintended consequences. • Only general use pesticides may be allowed for cannabis, therefore a pesticide applicator license is not required as long as the pesticide application is made to your own cannabis crop. If you hire an individual or a business to make a pesticide application to your crop, the applicator and business must be appropriately licensed by ODA. For more information about pesticide products and licensing, visit the Pesticide and Fertilizer Program. Scales: What kind of scale do I need? Selling marijuana items, whether the sale is between a grower and a processor or a retailer and a customer, must take place using an ODA licensed commercial scale. All points of a http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Cannabis (marijuana) commercial transaction must take place on a licensed commercial scale. It is important to remember that not any scale will work. • The scale must be National Type Evaluation Program (NTEP) approved. • The size of the transaction will also dictate the capacity of the scale needed. For example, a scale used to sell large batches of flower to a wholesaler may not be appropriate for selling a small amount of flower to a retail customer. • Cannabis and commercial scale licensing handout For more information about ODA licensed commercial scales, visit the Weights and Measures Program . Resources Business Readiness Guidebook for Oregon Recreational Marijuana Operations This document is intended for establishing OLCC licensed recreational marijuana businesses. Business Readiness Guidebook Cannabis & Food Safety Information Information on food safety licenses and cannabis. Cannabis and food safety license handout j - Cannabis & Water Quality Information Cannabis and water quality handout .` Cannabis & Weights and Measures Information Cannabis and commercial scales handout J Cannabis email subscription Sign up to receive email when new information is available from ODA on cannabis. Subscribe Cannabis rules & regulations workshop materials From the Oregon Farm Bureau and Oregon Association of Nurseries workshop held October 14, 2015. Website Oregon Cannabis: Cultivate Your Business with ODA ODA administers many programs that affect agriculture producers and processors. These programs could apply to your cannabis business. http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Cannabis (marijuana) Poster sw About Oregon.gov Oregon.gov State Directories Agencies A to Z Accessibility Privacy Policy Supported Browsers ODVA k'ETEk5NE8E JEPIT3 Department of Agriculture http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx[12/21/2017 9:28:03 AM] Oregon Department of Agriculture: Industrial Hemp OREGON.GOv Oregon Department of Agriculture / Programs / Market Access / Market Access Certification and Inspection / Industrial Hemp Industrial Hemp About Market Access and Certification About Oregon Agriculture Buy Oregon Agriculture Celebrate Oregon Agriculture Oregon Commodity Commissions Certification and Inspection Development and Marketing Specialty Crop Block Grant Contact Us The Oregon Department of Agriculture (ODA) is now accepting applications for the 2017 annual registration to grow and handle industrial hemp. We will begin accepting applications for the 2018 annual registration in mid- November. A registration is needed for growing or handling industrial hemp. An additional registration is needed for those wishing to produce or handle agricultural hemp seed. • Grower registration fee: $1,300 • Handler registration fee: $1,300 • Agricultural hemp seed production registration fee: $120 o The agricultural hemp seed production registration must accompany either a grower or handler registration. Growers Industrial hemp growers registration application (2018) Use this application to apply for growing industrial hemp and handling agricultural hemp seed. Registration application for growing industrial hemp )- Industrial hemp registration change request form Use this form to revise information that was initially reported on your industrial hemp registration. Change request form Industrial hemp sample request for growers Use this form to request an official sampling from the ODA or an accredited laboratory. Sampling request for industrial hemp 2 - Production - Production information: Insects and mites http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Contact Market Access and Certification 635 Capitol St. NE Salem, OR 97301 Phone: 503-986-4620 For more information: industrial- hemp@oda.state.or.us _1 Ron Pence Operations Manager Commodity Inspection ipence@oda. state.or.us Phone: 503-986-4557 More info from ODA Find issued hemp licenses Cannabis (marijuana) information Cannabis and pesticides information Oregon Department of Agriculture: Industrial Hemp associated with hemp Info from Colorado State University on all of the "bugs" (insects, spiders, mites, etc.) that might be found in a hemp field. Hemp insects identification website Handlers Industrial hemp handlers registration application (2018) Registration application for handling industrial hemp ,» Laboratories ORELAP (Oregon Environmental Laboratory Accreditation Program) accredited laboratories who have completed training with ODA: • Accu Labs • Cascadia Labs • ChemHistory • CS Laboratories • Evio Laboratories • Green Leaf Lab • Iron Laboratories • Juniper Analytics • MRX Labs • OG Analytical • Pixis Labs • Rose City Labs • SC Laboratories Oregon LLC • Synergistic Pesticide Laboratory The Oregon Health Authority's full list of ORELAP accredited labs } Industrial hemp pre -harvest testing: Sampling protocol & process All sampling must be performed by personnel employed by a laboratory or ODA. Industrial hemp sampling protocol }- Industrial hemp on-site sampling form Industrial hemp pre -harvest testing: Testing protocol All testing must be performed by personnel employed by a laboratory or ODA. Industrial hemp testing protocol 2, http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Oregon Department of Agriculture: Industrial Hemp Industrial hemp pre -harvest: THC report This form is for laboratory use for reporting total Tetrahydrocannabinol (THC) in pre -harvest tests of industrial hemp. Industrial hemp pre -harvest THC report t, Test results notification form for industrial hemp Test results notification form ,�- Laws and rules Chapter Law 71 - Updated in 2016 legislative session Replaces ORS 571.300 - 571.315 Industrial Hemp Growers and Handlers Chapter Law 71 - relating to industrial hemp )- Oregon Administrative Rules - Division 48: Industrial Hemp OAR Division 48, 603-048 , „, Testing rules for industrial hemp There is a reporting requirement for failed tests on consumable commodities or products by a laboratory. Testing rules are based on requirements provided by the Oregon Health Authority (OHA). OAR 333-007 Marijuana Labeling, Concentration Limits, and Testing OAR 333-064 Accreditation of Laboratories Industrial Hemp Rules Advisory Committee (RAC) The Industrial Hemp Rules Advisory Committee is comprised of varied industry experts, depending on the topic of focus, to help develop rule changes. Please contact ODA if you have additional questions regarding this committee, the members, and their work. • Industrial Hemp RAC meeting minutes from August 8, 2016 Industrial hemp email list Register to receive email correspondence regarding industrial hemp industry implementation and regulation. http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Oregon Department of Agriculture: Industrial Hemp About Oregon.gov Oregon.gov State Directories Agencies A to Z Accessibility Privacy Policy Supported Browsers ODVAI VE_EIIANBBEWEFITS Department of Agriculture http://www.oregon.gov/ODA/programs/MarketAccess/MACertification/Pages/Hemp.aspx[12/21/2017 9:25:09 AM] Cultivate your business with the Oregon Department of Agriculture Applying pesticides? • The label is the law • Consult the guidelist • Applicators may need a license Keeping your water clean? • Know the water quality rules • Follow the ag water quality plan for your area Voluntary Fee for Service $• Pest identification • Disease identification • Noxious weed identification • Certification services The Oregon Department of Agriculture (ODA) administers many programs that affect agriculture producers and processors. These programs could apply to your cannabis business. Oregon Department of Agriculture 4,41 U 11 /n ' 1rk,-) 4 1 Sunny Jones, Cannabis Policy Coordinator: 503-986-4565 1/2016 Cannabis and Water Quality Oregon Department of Agriculture Agricultural Water Quality Program vvww.oregon.gov/ODA (503) 986-4700 What are DA ndes water a d growm j can ab s` • In Oregon, growing cannabis is an agricultural activity and Oregon's agricultural water quality rules apply. More information can be found at: bit.do/AgWQ • Two important rules apply to all agricultural producers (others may apply depending on your operation). - Pollution Rule:Agricultural pollution cannot enter streams, ditches, or ponds, or be in a location that is likely to enter these water bodies. - Riparian Rule: Agricultural activities must not prevent streamside vegetation from growing and establishing. • Contact the ODA Agricultural Water Quality Program to learn about the rules that apply to you. ca i get e mss i °r'6:at wateia DEQ and ODA coordinate to manage nonpoint source agricultural runoff through implementation of agricultural water quality management area plans. • Septic systems DEQ or the local county may regulate an onsite septic system. Discharge of industrial wastewater into an onsite septic system is prohibited since these systems are only designed to treat domestic wastewater. In addition, planting and growing marijuana on top of a septic drainfield or irrigating and harvesting over a drainfield may affect a residential septic system's performance. • Public sewer systems Growers and processors may be able to discharge waste water to a local sanitary sewer. Pretreatment before discharge may be required. Contact your local city or county for information about connecting or discharging to a sanitary sewer system. • Land application ODA recommends spreading excess irrigation water on vegetation at agronomic rates. DEQ has a regulatory role in managing wastewater from growing operations if it is being discharged into a sanitary sewer system, an onsite septic system, or being discharged directly into a surface water body through a ditch, channel, or pipe. Surface water discharges may require a National Pollutant Discharge Elimination System (NPDES) permit. For more information, contact DEQ at 503-229-5696 and contact the ODA Agricultural Water Quality Program at 503-986-4700. OutdOo ° coin si er ion • Maintain access roads to prevent ruts, gullies, and sheet erosion that contribute sediment to streams, ditches, and ponds. • Excavation of grow sites must not contribute sediment to streams, ditches, and ponds. Use silt fences and straw bales around grow sites. • Ensure that culverts and stream crossings are built properly and not causing erosion. • Do not locate grow operations near septic drain fields. • Vegetation is your friend. Maintain vegetated areas (grass, shrubs, trees) between grow sites and streams, ditches, and ponds, and do not remove streamside vegetation. • Irrigation water use from private wells, streams, ditches, or ponds may require a permit from the Oregon Water Resources Department, 503-986-0900. Gallons of excess irrigation water per 100 sq. feet per year 1,000 800 600 400 Land area needed to safely apply excess irrigation water Example: Excess irrigation water with 150 ppm of nitrogen means 200 gallons can be spread on 100 square feet of vegetation per year 50 100 150 200 Nitrogen content of excess irrigation water in ppm 250 300 Land applicAon of excess it oati ii water from indoor ro • Dumping excess irrigation water into a stream, ditch, or pond is prohibited. • Test the nitrogen in excess irrigation water prior to application to know the concentration in parts per million (ppm). Use the table to determine appropriate size of area needed to apply excess irrigation water. • Do not spread excess irrigation water within 48 hours after a storm event or when weather conditions will lead to runoff. • Excess irrigation water application area should be flat and vegetated in order to use excess nitrogen and prevent pollution. • Vegetation receiving the excess irrigation water must be cut and removed. Vegetation needs to be growing to use nitrogen. Example: mow the grass and remove the cuttings from the area where wastewater is applied. • If vegetation is turning yellow or dying at location of application, nitrogen levels are too high. You may need to dilute the excess irrigation water more or spread it over a larger area. • Practice conservation actions such as: - Plant native grasses, shrubs, and trees for extra filtration and nutrient uptake. - Install silt fences, straw bales, mulch, and/or wattles in sensitive areas where runoff could reach surface water. - Collect runoff in a retention basin. 0 * .>, .3 9 <5 a 3 3 O •J v u .. 5 .. J S a `5 a 5 AA 13 ., x, 5 . 5 e e s More information from ODA online: bit.do/CannabisODA • More information about water quality online: bit.do/AgWQ 0 .. v :R f3 0 0 . 55 0 .. ., :] J 0 .. .. .. v ._ ) .,. .3 5 3 e. :9 5 . a 7 5 m ., t3 _, L 5 .+ _ J 5. .. 5 L >. .. h .y :.3 .. 5 5 U ., A 0 n . 3 0 8 a) W 4 E' . Created 3 /2017 ;1117-.3 6.377-',Z3 Cannabis and Food Safe One or more food safety licenses may be needed for your business: • Bakery • Retail • Dairy • Food processing • Meat • Storage warehouse Special circumstances for marijuana: • No domestic kitchens • Edibles may not be processed in the same facility as conventional foods • Meat and dairy may present an issue due to federal law • Standards of identity exist for certain foods such as ice cream Restrooms O Toilet and hand washing facilities plumbed to the state plumbing code, in good repair, and conveniently located. O Self-closing doors that do not open directly into a room where foods are exposed for sale. O Public does not pass through food preparation, storage, or utensil washing areas. Dishwashing facilities O Commercial dishwasher or a 3 -compartment sink large enough to immerse most equipment and utensils. O Adequate drain boards, racks, or utensil tables for storage and handling of soiled utensils. O Adequate racks/tables for air drying of sanitized utensils and equipment. Hand washing facilities O Properly plumbed hot and cold water. O Handsoap and single -serve towel dispensers. O Garbage can. O Hand sink located to allow convenient use by employees in food prep, food dispensing, and dishwashing areas in addition to handsink identified above. Garbage O Garbage containers, dumpsters, and compactor systems located outside are on or above a smooth surface of nonabsorbent material that is kept clean and in good repair. O Wastewater from these units flows into a sanitary sewer, not into storm drains. Floors O Easily cleanable, smooth, and of tight construction. O Nonabsorbent materials. O If subject to flood -type cleaning, floors are sloped to drain with drains compliant with Oregon Plumbing Code. O Joints at wall/floor junctions coved and sealed. Walls and ceilings O Surface of walls and ceilings in all display, storage, and processing/preparation rooms in good repair, of a light color, and smooth and easily cleanable. Food storage O Separated from chemicals. O Packages and ingredients 6 inches off of the floor. Maiijnafin Step 1: Apply for an OHA or OLCC license. Step 2: Once approved by OHA or OLCC, ODA Food Safety will contact you. hunp Step 1: Contact your local ODA Food Safety Inspector. Department of Agriculture Food Safety Program www.oregon.gov/ODA (503) 986-4720 Find contact information for your local food safety inspector online: bit.do/FindSpecialist Note: Some licenses may have additional requirements from ODA. Low acid canning and acidified foods have specific requirements. reirglevirB for 'N',)(e)d il(03 You must also meet your city and county requirements. Doors/windows ❑ Outside openings protected from entry of rodents. ❑ Outside openings protected from entry of insects by tight fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. ❑ Screens for windows and other openings to the outside are tight fitting and free of breaks. Screen material not Tess than 16 mesh to the inch. Lighting ❑ Permanently fixed artificial light sources installed to provide at least 50 -foot candles (540 lux) of light on all food preparation surfaces and at ware -washing work levels. ❑ Light bulbs, fixtures, skylights, or other glass fixtures suspended over exposed foods, and over equipment cleaning and storage facilities, are either shielded, coated, or otherwise shatter resistant. Ventilation ❑ Sufficient ventilation in all rooms so they are free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes. ❑ Ventilation systems installed and operated according to law and when vented to the outside do not create a harmful or unlawful discharge. ❑ All systems comply with State Fire Marshal codes. Equipment installation ❑ Installed as moveable or designed to be cleaned in place (CIP). ❑ Storage shelves are smooth, impervious, easily cleanable, and 6 inches off the floor. O No unfinished wood. Exterior ❑ Free of shrubs, vegetation, debris, and equipment around the exterior of the building to prevent harboring of pests. Miscellaneous O Separate storage area for mops, brooms, and cleaning supplies. ❑ Mop/utility sink installed. ❑ Adequate clothing, lockers and/or dressing rooms for storage of soiled linens, clothes, and employees' personal items (shoes, coats, bags, etc.). rl }x27. ry s5wo r s ❑ Submit a copy of construction plans and specifications with a statement of expected completion date for review and comment by the Food Safety Program. Contents of the plans and specifications: ❑ Intended foods to be prepared/sold. ❑ Anticipated volume of food to be stored, prepared, and sold or served (ballpark estimates). ❑ Floor plan, drawn to scale. Include location and finish of any tables and counters, plumbing plan with fixture list and location, mechanical schematics, construction materials, and finish schedules as appropriate or requested. ❑ Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications as appropriate or requested. ❑ Floor, wall, and ceiling finish schedule and material list. ❑ Water source (i.e. city, private, or other). If private or other, provide a brief description. ❑ Schedule a pre -operational inspection to determine compliance with the reviewed plans, specifications, and rule requirements. Please contact your area Food Safety Inspector at least 5 business days before you are ready for inspection. More information from ODA online: bit.do/CannabisODA • Find your local food safety inspector online: bit.do/FindSpecialist Updated 8/2017 Cannabis & Weights and Measures When is a licensed commercial scale required? Oregon Department of Agriculture Weights & Measures Program www.oregon.gov/ODA (503) 986-4670 • Direct sales — Sales to the consumer of flowers. • Package net weight certification — Standardized packages of usable marijuana or edibles. • Logistics — If a carrier uses weight to determine charge for transporting goods. • Product grading — Commodity sample is weighed as part of a grading process to determine its market value. • Employee incentives —An employee is paid based on the weight of dried flower trimmed during a shift. • General — Scale used during a business transaction. • Industry specific — Any weights entered into Metrc for OLCC or for weights documented for OHA. Begin by looking at: • Range of weighing (min & max) • Division (increment) size To meet your business needs A scale purchased online and delivered by mail will require calibration before use in commerce at an additional cost. A local scale sales and service company will be able to provide a scale that has been freshly calibrated and will often assist in the licensing process. Scale service companies can be found via online searches. • Scale must be installed and operated per both the manufacturer's guidelines and Oregon law. • Scale must be leveled and calibrated prior to use (refer to owners manual). • Commercial scales must be "sealed" while in use (refer to owners manual). • Ensure the scale continues to perform within the required tolerances for accuracy. • Two forms must be completed and submitted to ODA before using a new commercial scale. Available online: — Placed in Service Report: bit.do/placedinservice — License application form: bit.do/scaleapplication • Payment must be submitted with the license application. Once these are submitted, the scale is licensed and you can legally use the scale. An ODA inspector will typically contact you within 30 days to make an initial evaluation of the scale. After that, there will be an annual evaluation of the scale by ODA staff. Scale requirements • Scale must have a valid National Type Evaluation Program (NTEP) certificate of conformance (CC). • Before you buy, make sure the seller can provide the CC number (e.g. 00-000 or 00-000A1). Definitions • Division size: The smallest quantity that the scale will accurately resolve. • Suitability: For weighing devices, "suitable" means a scale that: — Normally reads at least 100 scale divisions for the typical quantity of product weighed; — Has sufficient capacity to meet your business needs; — Has a weighing pan, hook, or other load receiving element of adequate size and capacity to hold the product together with any containers used while weighing. • Tolerance: The amount of error that is allowed in a value. Calibration and sealing Owners of a licensed commercial scale have the authority to calibrate and seal the scale provided they have the proper equipment. Normally, this means you have: • A certified calibration weight • Calibration instructions (owner's manual) • Hardware to seal the scale • Sealing instructions (owner's manual or the NTEP certificate) Alternatively, you may hire a service company to assist you. Find the right scale for your business 1174i-7)31 1911 a 1.9:i 'd_).;7 :; di, 11 , ; ?1' i:�:1, .a1: '7 i' °:;«1')'I J � n :, 1'l<),2;i w);j'f1 t 7 ;ri i' 1:t;a ti I0 n '5;0 ' ' ``c 7;(° '' fl Typical weight Maximum scale division size (increments) 0-1 Ib Between 1-10 lbs Between 10-100 lbs More than 100 lbs 1(J1 fila Typical weight 0-1 g Between 1-10 g Between 10-100 g Between 100-1,000 g Full ounce (1 oz) Half ounce (1/2 oz) Quarter ounce (1/4 oz) Eighth ounce (1/8 oz) Metric units 0.1 gram (g) 1g 10g 100 g Maximum scale division size (increments) Metric units 0.01 gram (g) 0.01 g 0.1 g 1g 0.1 g 0.1 g 0.01 g 0.01 g US standard units 0.001 pound (Ib) 0.01 Ib 0.1 Ib 1.0 Ib • Net weight verification (weight of product without its container or packaging) must be done on a licensed scale whenever a package includes a net weight, regardless of product type. This may include, but is not limited to: • Packages of usable cannabis • Packages of edibles • Packages of topicals • Vape cartriges • Vape cartridge refills • Containers of shatter • Containers of hash oils • Containers of cannabis extracts More information on licensing: bit.do/LicenseScaleMeter • More information from ODA online: bit.do/CannabisODA Updated 8/2017 1 6{7 t Wokaib;-s be thic 4.4 Vv 6-1,-. l ow.o� wvv e a `�i A ...�vp:Am.E` - _59-6 -5 ° Nh SSE 1 +p 9 - (AS 2.A. du) 6":0\1•1 (J 0 ova "rct (V —`'( a WN z �� W 0 UP Et F(2 t\.1/4) kiV 0 C> 0 �� P v MAKT2A4-ut'o-I P 0 i•c` S Lf4\ N9 1 MSP (�'�, pc " hu) N' ' w>w u P1J6p.uvJ t 9 ? v -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 17, 2018 DATE: January 10, 2018 FROM: Jacob Ripper, Community Development, 541-385-1759 TITLE OF AGENDA ITEM: Review of Additional Materials Submitted at the Hearing for Marijuana Production at 25606 Alfalfa Market Rd. RECOMMENDATION & ACTION REQUESTED: Board consideration of additional materials submitted to the record during the public hearing held on Wednesday, January 10th for file 247-17-000923-A. ATTENDANCE: Jacob Ripper, Associate Planner SUMMARY: The purpose of this work session item is to provide the Board an opportunity to pose questions to the applicant and/or appellant regarding the additional materials submitted at the public hearing. This work session is scheduled one week following the hearing, providing time for the Board to review those new materials and pose questions, if they have any. The first open record period will close at 5:00 PM on January 24. This provides approximately one week following this work session for parties to respond to any questions the Board poses. -TES 0 w o -< Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of January 17, 2018 DATE: January 4, 2018 FROM: Jacob Ripper, Community Development, 541-385-1759 TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal RECOMMENDATION & ACTION REQUESTED: Potential Marijuana Production Appeal: Board option to hear the appeal. ATTENDANCE: Jacob Ripper, Associate Planner. SUMMARY: Consideration for the Board to call-up a potential marijuana production appeal. Although no appeal has been filed as of submitting this agenda request, staff considers an appeal is likely. E3,(IEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting Review of Administrative Decision in File No. 247 -17 -000831 -AD * ORDER NO. 2018-002 * WHEREAS, on January 5th, 2018, staff issued an Administrative Determination on Application No. 247- 17 -000831 -AD; and WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners ("Board") to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body; and WHEREAS, the Board has given due consideration as to whether to review this application; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Should a timely appeal of Administrative Decision No. 247 -17 -000831 -AD be filed, the Board of County Commissioners will serve as the hearings body for the appeal consistent with applicable provisions of DCC, including DCC 22.32.027(B)(4). Section 2. The review shall be heard de novo in order for the Board to interpret DCC 18.116.330 and other applicable provisions. Section 3. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to notice pursuant to DCC 22.24.030 and 22.32.030. Dated this 17th of January, 2018 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary PAGE 1 OF 1- ORDER NO. 2018-002 ANTHONY DEBONE, Chair PHILIP G. HENDERSON, Vice Chair TAMMY BANEY, Commissioner Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -17 -000831 -AD APPLICANT: PSBS Holdings LLC c/o Mike Schook & Joey Phelps 25890 Alfalfa Market Road Bend, OR 97701 OWNER: ATTORNEY: PROPOSAL: Daniel & Mary Stoller 10839 S. Toliver Road Molalla, OR 97038 Michael R. Hughes PO Box 7619 Bend, OR 97708-7619 The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a maximum of 10,000 square feet of mature plant canopy. The applicant requests a setback exception from the eastern property line and from the closest dwelling to the east. STAFF CONTACT: Jacob Ripper, Associate Planner I. APPLICABLE CRITERIA Deschutes County Code (DCC): Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance H. BASIC FINDINGS A. Location: The subject property has an assigned address of 25890 Alfalfa Market Road, Bend, and is identified on County Assessor Tax Map 17-14-22 as tax lot 1200. Quality Services Performed with Pride B. Lot of Record: The subject property is a legal lot of record pursuant to the Lot of Record Verification file LR -90-182. C. Zoning: The property is zoned Exclusive Farm Use — Alfalfa subzone (EFU-AL), and is designated Agriculture on the Deschutes County Comprehensive Plan. D. Proposal: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a maximum of 10,000 square feet of mature plant canopy. The applicant requests a setback exception from the eastern property line and from the closest dwelling to the east, in order to utilize existing agricultural structures and avoid placing new structures on irrigated pasture. E. Site Description: The subject property is 39.09 net acres in size. The property is flat, fronts on Alfalfa Market Road, and is developed with a dwelling, a horse arena and stables, a barn, and several smaller accessory structures. All structures on the property are located in the southeastern portion of the property, with all of the remaining 37 acres used for irrigated pasture. An irrigation canal is adjacent to the eastern property line. Subject Property 247 -17 -000831 -AD Page 2 of 22 F. Public Agency Comments: The Planning Division mailed a Notice of Application and received comments from the following agencies: Central Oregon Irrigate District: COID FACILITIES: • Subject's property has an adjacent canal along the eastern property line (COC) • It has a 100' right of way • No buildings are permitted within COID's right of way • Please contact COID concerning any crossing of our facility COID WATER RIGHTS: • Subject's property has 37.0 acres of COID water rights • COID requests a site plan • Please contact COID concerning use of water rights COID GUIDELINE STATEMENT • Review the following page COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COID) serves this property with 37.0 acres of irrigation water during the irrigation season of April 1st through October 31st at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COID) of water is necessary to irrigate between November 1st and March 31st. If the recreational marijuana production facility is a greenhouse or other structure proposed to be built on top of the COID water right, land - user must allow COID annual access to the structure to document beneficial use of the water right. Structures on top of a water right for any purpose other than growing plants is not allowed. • Applicant should contact COID to determine status of water rights prior to construction of production facility. • Plot Plan is required to assist COID in determining if the proposed structure will be located on the water right or if a water transfer application is needed to transfer water to it. [STAFF COMMENT]: COID also submitted a color map depicting irrigated lands on the subject property (see Attachment A). Central Electric Cooperative: CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541-312-7778 and provide electrical load and demand requirements for this activity. CEC will determine if capacity is available. Deschutes County Building Division: The Deschutes County Building Safety Divisions code required Access, Egress, Setback, Fire & Life Safety Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. 247 -17 -000831 -AD Page 3 of 22 Deschutes County Senior Transportation Planner, Peter Russell: I have reviewed the transmittal materials for 247 -17 -000831 -AD for a marijuana production (growing) operation in the Exclusive Farm Use (EFU) zone at 25890 Alfalfa Market Road, aka 17-14-22, Tax Lot 1200. The growing operation involves the conversion of an existing pole building and horse arena to an indoor growing operation. Deschutes County Code (DCC) at 18.116.330(8)(8) only requires proof of legal direct access to the property or access from a private easement for a grow of more than 5,000 square feet of mature canopy. The proposal is for 10,000 square feet of mature canopy, so the access requirement does apply. The applicant should provide a copy of an approved driveway permit from the Road Department. If the applicant does not have one, then acquiring one should be made a condition of approval. The traffic study requirements of DCC 18.116.310 are not applicable for a marijuana production application, unless the application is also undergoing site plan review and must show compliance with DCC 18.124.080(J). As this land use not being reviewed against the criteria of DCC 18.124, no traffic study can be required. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The County uses the most recent edition of the Institute of Traffic Engineers (ITE) trip generation manual to assess SDCs. The ITE manual does not contain a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant proposes approximately 14,358 (2,085 + 12,273) square feet of building for the production and support of cannabis in two buildings. The County's SDC is based on the buildings' total square footage related to cannabis production and support and not the square footage of the mature canopy. The 14,358 square feet will produce 4.59 p.m. peak hour trips (14,358 X 0.32). The resulting SDC is $18,071 (4.59 X $3,937). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. The following agencies either had no comment or did not respond to the notice: Alfalfa Fire District, Deputy State Fire Marshall, Deschutes County Environmental Soils, Oregon Liquor Control Commission, and Watermaster — District 11. G. Public Comments: The Planning Division mailed a written notice of this action to property owners within 750 feet of the subject property on October 18, 2017. The following concerns were expressed in three comment letters which staff received from the public. One of the letters included a petition signed by nine (9) individuals. Two of the letters opposed the subject proposal, while one letter opposed the County's marijuana regulations. In summary, staff has attempted to capture most impacts, comments, requests, and concerns identified by the public in written comments received prior to the date of this decision: 1. Concerns regarding the subject proposal's impacts, including: • Odor • Noise • Light pollution 247 -17 -000831 -AD Page 4 of 22 • Access • Screening 2. The County's Right to Farm ordinance in Title 9, specifically Section 9.12.080 supersedes marijuana regulations in Title 18, Section 18.116.330 3. Oregon Revised Statutes (ORS) 475B — Cannabis Regulation prohibits public land use processes 4. DCC 18.116.330 violates "reasonable" local time, place, and manner conditions allowed by ORS 475B.340 5. Concerns regarding impacts from other existing marijuana grows, including: • Odor • Light pollution • Traffic 6. Lowered property values 7. Neighborhood safety 8. Deschutes County Planning Division has no idea where the Alfalfa community is located, or what is happening in the community 9. Allowing marijuana production removes prime farmland from farm use 10. Water table dropping due to marijuana producers nearby 11. Fences and cameras used by other grows resemble prison 12. Health concerns regarding exposure to marijuana fumes The Deschutes County Code (DCC) would only allow the Planning Division (and any other County hearings body) to approve or deny this application based on the criteria, Applicable Criteria, above. All applicable criteria of the DCC are addressed in Section III below. In regards to the other comments received, the applicant has requested approval of marijuana production in the Exclusive Farm Use Zone, which is a use permitted outright in DCC 18.16.020(S), subject to the provisions of DCC 18.116.330. The County Commissioners constitute the legislative branch of Deschutes County government and enact applicable law via ordinances, which then are codified in the Deschutes County Code. Staff only has the authority to enforce the law as it is currently written. Staff cannot revisit the propriety of the Commissioners' decision to adopt ordinances that allow marijuana production facilities in the EFU zone as an outright permitted use. H. Review Period: This application was submitted on October 10, 2017. It was deemed incomplete on November 3, 2017. After the applicant submitted additional information, the application was accepted and deemed complete on November 20, 2017. The 150th day on which the County must take final action on this application is April 19, 2018. The applicant has also complied with the posted notice requirements of Section 22.23.030(B) of Title 22. The applicant has submitted a Land Use Action Sign Affidavit for the application dated October 20, 2017, that indicates that the applicant posted notice of the land use action on October 20, 2017. 247 -17 -000831 -AD Page 5 of 22 III. FINDINGS A. Chapter 18.16, Exclusive Farm Use Zones 1. Section 18.16.020. Use Permitted Outright. The following uses and their accessory uses are permitted outright: S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The proposed marijuana production facility is permitted outright in the EFU zones, subject to the provisions of DCC 18.116.330, which are reviewed below. 2. 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant did not submit building elevations or a description of the height of the structures, however, the structures are existing and this standard can be met through a condition of approval. No modification to the height of either structures has been proposed. The following condition of approval has been added to ensure compliance with this standard. Building Height: No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property fronts on and obtains access from Alfalfa Market Road. The southern property line is the front lot line. Alfalfa Market Road is a county -maintained rural arterial road and the required front yard setback is 100 feet. The proposal is to locate the production facility within two existing structures that are within 82 feet of each other. The submitted plot plan indicates the structures will be a minimum of 156.9 feet from the southern front property line. The proposal is not for a non-farm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The submitted plot plan indicates an eastern side yard setback minimum of 75.7 feet, and 247 -17 -000831 -AD Page 6 of 22 a western side yard setback minimum of 1196.6 feet, and a northern rear yard setback of over 896 feet. The required yard setbacks of subsections A, B, and C will be met. Any greater setbacks required by applicable building or structural codes will be addressed during building permit review. B. Chapter 18.116, Supplementary Provisions 1. Section 18.116.330, Mariivana Production, Processing, and Retailing. A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant has proposed Marijuana Production in the EFU zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is a legal lot of record and is 39.09 net acres in size. This standard is met. 2. Indoor Production and Processing. b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The subject property is within the EFU zone. The applicant has proposed that all production will occur within the two existing structures, complying with these criteria. Staff includes the following condition of approval to ensure compliance with the requirements of this section. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 247 -17 -000831 -AD Page 7 of 22 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: The applicant has proposed a maximum of 10,000 square feet of mature plant canopy area, as allowed under section (c) for properties equal to or greater than 20 acres in lot area. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 square feet at any time. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. FINDING: The subject property is not located in the MUA-10 Zone. This criterion does not apply. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. FINDING: The proposal includes only one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. This criterion will be met. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit 247 -17 -000831 -AD Page 8 of 22 application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. c. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The plot plan indicates the existing structures to be used for marijuana production are more than 100 feet from all property Tines except for the eastern property line, and more than 300 feet from all dwellings except for the dwelling to the east at 25920 Alfalfa Market Road (tax lot 17- 14-22-1100). The submitted materials indicate that the arena is 75.9 feet from the eastern property line and 173.3 feet from the dwelling to the east. The barn is 79.9 feet from the eastern property line and 255.1 feet from the dwelling to the east. In order to use the existing structures on site and avoid siting new structures on irrigated pasture, the applicant is requesting an exception to the yard and the offsite dwelling setbacks, pursuant to subsection (c) above. The applicant proposes several reasons for the setback exceptions to be approved, which are summarized below: Visual The applicant proposes to use two existing structures. One is a fully enclosed barn that will retain its current appearance, as no exterior alterations are proposed. The other building is a horse arena that is partially enclosed, and the applicant proposes to fully enclose the structure. The applicant states utilizing the existing structures will avoid the need for new construction that may obstruct views of the Cascade mountain range to the west. In order to meet the setback standards of this section, the applicant would need to locate new structures on the irrigated areas of this property. The applicant wishes to enclose the horse arena using materials that will match the enclosed portion of the same building. A photograph from Google Maps, dated May 2012, (Figure 1) shows the existing horse arena with the barn behind it, as seen from Alfalfa Market Road directly in front of the COID irrigation canal. Staff finds the applicant's proposal will provide equal, if not greater mitigation of visual impacts, when compared with new setback compliant structures, by using the existing agricultural structures on the property. Figure 1 247 -17 -000831 -AD Page 9 of 22 Odor The applicant proposes to use a carbon filtration system that a mechanical engineer has certified will meet the requirements for odor control (DCC 18.116.330(B)(10)). This system, the applicant states, "ensure[s] that no odor related to cannabis can be detected outside the proposed facilities by installing carbon filtration systems designed to totally clean or 'scrub' all the air in the facilities". The proposed cooling equipment is located on the west side of the buildings, away from the property for which the exceptions are requested. The applicant proposes to plant sage, lilac, lavender, and other plants to provide year-round natural odor mitigation. Staff finds that because the odor control is designed in a way to eliminate all odor, using the existing structures would provide equal odor mitigation no matter where on the property they were located. Furthermore, odor control systems are required to be in use at all times marijuana production is occurring and will be a condition of approval required in the findings addressing DCC 18.116.330(B)(10) below. Noise By fully enclosing the arena and using the existing enclosed barn, the applicant may utilize modern HVAC systems like those the applicant proposes. The applicant states that this will eliminate the need for larger, noisier fans typical of greenhouses. The mechanical engineer's report discusses noise mitigation, which is discussed in the findings addressing DCC 18.116.330(6)(11) below. The proposed HVAC equipment is located on the west side of the buildings, away from the property and dwelling for which the exceptions are requested and will be fitted with a "comprehensive sound attenuator package", according to the mechanical engineer's report. Staff finds that the combination of the mechanical engineer's certification that the mechanical equipment will meet the noise mitigation requirements, the location of the equipment on the west side of the building, and the fully enclosed indoor nature of the proposal all contribute to the equal or greater mitigation of noise impacts. Lighting The structures used for marijuana production are proposed to be completely enclosed and insulated, with no production lights visible from outside of the buildings. Staff finds that because the buildings are designed in a way to eliminate all production lighting impacts, using the existing structures, when fully enclosed, would provide equal or greater lighting mitigation no matter where on the property they were located. Privacy The applicant explains that the horse arena is currently used by people and their horses coming to the property in multiple trucks and trailers. The existing driveway is nearest to the eastern property, for which the setback exceptions are requested. The applicant states that enclosing the arena and discontinuing the horse riding and training will reduce the number of people coming to the property. Enclosing the arena will also discontinue horse -related uses that currently impact the neighbors including dust drifting out of the arena, light spilling outside of the arena, and noise generated within the area. Additionally, the applicant points out that security cameras are prohibited by the County and the State from recording any images of the neighbor's property. The applicant states the buildings, in their current locations, will be equipped with security cameras that will not record any neighbor's properties or infringe on their privacy. Staff finds that the neighbor's privacy is not expected to be impacted by converting the use of these existing structures, and finds the location provides equal or greater privacy mitigation, when compared with new setback compliant structures. Access The applicant again compares the use of the open-air horse arena to the use of a fully enclosed marijuana production facility. The applicant expects far fewer vehicles, trailers, and people to be 247 -17 -000831 -AD Page 10 of 22 entering and exiting the property on the driveway leading to Alfalfa Market Road. The applicant states that by using the existing buildings and discontinuing horse riding and training, the traffic using the subject property's driveway will be greatly reduced to only a few people who are authorized to be on the property, and a limited number of supply deliveries. Staff finds that whether these production buildings are located where they exist or were to be located on the other side of the property, access would still be obtained from Alfalfa Market Road, with the same number of vehicles entering and exiting the property. The buildings do not block sight distances for vehicles nor are they located in a required Clear Vision Area (DCC 18.116.020). The use of the existing structures will provide equal or greater mitigation for access. For the above reasons, staff finds the reduction in setback requirements is approved because the applicant has established that the use of the existing barn and enclosed arena will afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: 1. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks. b. For purposes of DCC 18.116.330(6)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(6)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(6)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(6)(7) if the use is: 1. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: The applicant states the subject property exceeds these separation distance requirements. There are 15 tax Tots wholly or partially within 1,000 feet of the subject property. According to staff review of Deschutes County records, none of these properties appear to be in a use described in this section or are subject to subsection (c). These criteria will be met. 247 -17 -000831 -AD Page 11 of 22 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: As discussed above, the applicant proposes a maximum mature plant canopy size of 10,000 square feet, therefore, these criteria apply. The property has frontage on and direct access from Alfalfa Market Road, a constructed County road. The applicable criterion above is met. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant states the proposed marijuana production facility will utilize two buildings which will be fully enclosed and will not omit any light during any hour of the day or night. The applicant further states that any external lighting will be shielded in compliance with DCC 15.10. Staff finds these criteria will be met and adds the following condition to ensure compliance with the requirements of this section. Lighting: The following lighting standards shall be met: (a) Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day; (b) Lighting fixtures shall be fully shielded in such a manner that all Tight emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through 247 -17 -000831 -AD Page 12 of 22 the lowest light -emitting part; and (c) The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted a site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering. The report states the applicant will use multiple odor control systems that will recirculate air through inline carbon filters in a manner that exceeds the CFM requirements described above. The report also discusses that the buildings will be cooled with a chilled water system, heated with propane -fired indoor unit heaters, and the entire system is designed so that the buildings do not create any exhaust and no odors will escape the facility. Staff finds these criteria will be met when the applicants install the odor control systems as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the requirements of this section. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 247 -17 -000831 -AD Page 13 of 22 b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. FINDING: The applicant submitted a site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering. The report states the applicants will use interior propane -fired heater units that will not be audible from outside the building. Cooling is provided by a chilled water system, with a water chiller located on the west side of each building, away from the closest neighbor to the east. The applicant also explains that the recirculated and carbon -filtered air system does not utilize larger fans typical of greenhouse operations and the water chillers will be enclosed in a fenced area, further mitigating noise impacts. The buildings will have fan -coil units, but the mechanical engineer states that these will be located inside of the buildings and will not contribute to noise heard from the outside. The mechanical engineer further states that the water chillers will be located approximately 215 feet from the nearest property line, they will be shielded from the closest property line by the barn and arena buildings, they will be purchased and installed with a comprehensive sound attenuator package, and the calculated sound pressure level at the property line is 27.9 dB. Staff finds these criteria will be met when the applicants install the mechanical equipment as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the noise requirements of this section. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non- rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 247 -17 -000831 -AD Page 14 of 22 FINDING: The subject property is not in the Landscape Management or the Wildlife Area Combining Zone. No fencing or razor wire is proposed except for two small fenced areas around the water chillers. The fencing is to provide both screening and noise dampening. The property is flat and is mostly comprised of irrigated pasture. It has few, if any, trees or vegetated areas to retain that would to screen the proposed structures from view from the public right of way and adjacent properties. The applicant has agreed to finish the new fencing in a muted earth tone that blends with the natural landscape. Staff finds these standards can be met and adds the following condition to ensure compliance with the requirements of this section. Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The subject property is served with 37 acres of irrigation from COID (see Attachment 1). The applicant has included the water right certificates for this irrigation right, and states the rights can be transferred on a temporary basis to structures not located on a mapped water right during irrigation season (April 1st to October 31St). For periods of time outside of the irrigation season, the applicant proposes to have water delivered to the property by Bend Water Hauling LLC and stored on site in an existing cistern. The applicant submitted a letter from Bend Water Hauling stating they are willing and able to serve the farm use on this property with up to 15,000 gallons of water per week. In the recent Tewalt' decision, the Board clarified expectations regarding the water source that water suppliers are using: The record contains materials demonstrating the property may be served by Bend Water Hauling, LLC. The Board found that the application thereby met subpart b above. However, the record also contains materials questioning if Bend Water Hauling, LLC has the appropriate water rights to serve the proposed marijuana production use. The Board interpreted that the intention of verifying the public or private water provider as required by subpart b above is in part to ensure that applicant has access to a legal source of water that complies with all applicable state statutes and regulations. The Board thereby voted in favor of adding the following condition of approval to ensure ongoing compliance with DCC 18.116.330(8)(13): 1 BOCC Document Ng 2017-718, Planning Division File Na 247-17-000723-A 247 -17 -000831 -AD Page 15 of 22 • As an ongoing condition of approval, the use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. In Tight of this Board decision, staff accepts Bend Water Hauling LLC as an acceptable water source secondary to irrigation from COID, subject to the same condition of approval imposed in the Tewalt decision. The applicant also states that they are pursuing a groundwater right from the Oregon Water Resources Department (OWRD). No information such as a copy of a water right permit, certificate, or other water use authorization from the OWRD was submitted with the application regarding this pursued water right, so staff is unable to review or confirm this water source. The applicant stated they are willing to provide this information to the County when and if the water right is granted by OWRD. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. FINDING: No processing is proposed. This section does not apply. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The applicant submitted a "will serve" letter from the Central Electric Cooperative (CEC) dated October 5, 2017, including information identifying the use as marijuana production and that the electrical Toad can be provided for. The letter from CEC states: In response to your Inquiry, please be advised that property located In T.175., R.14E., W.M., Section 22, Tax Lot 1200, Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (1600 amp Three phase 480 volt service) associated with the submitted Cannabis Grow Facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative This is the only utility the proposal will utilize besides water, which is addressed above. This criterion is met. 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC or the OHA. 247 -17 -000831 -AD Page 16 of 22 FINDING: The applicant agrees to comply with this standard. This standard will be met. Staff adds the following condition to ensure compliance with the requirements of this section. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant states, "AH marijuana waste will be stored in a secure receptacle, within a limited access area within the Production Facilities, and will thus always be under the control of the Applicant, whose is [sic] the OLCC licensee. Applicant will compost the waste material as part of their waste reduction plan." Staff finds this criterion can be met and adds the following condition to ensure ongoing compliance with the requirements of this section. Waste: The marijuana waste receptacle shall be stored within the limited access areas within the production buildings, and shall be in the possession of and under the control of the OLCC licensee. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or c. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(6)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(6)(10-12, 16, 17) by December 8, 2016. FINDING: The site is not currently used as a medical grow site and this section does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; 247 -17 -000831 -AD Page 17 of 22 iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: None of the prohibited uses have been proposed by the applicant. Staff adds the following condition to ensure ongoing compliance with the requirements of this section. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. ill. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. 247 -17 -000831 -AD Page 18 of 22 d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The applicant has agreed to file the annual report each year in a timely manner. Staff adds the following condition to ensure compliance with the requirements of this section. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. IV. CONCLUSION Based on the foregoing Findings, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the following conditions of approval. VI. ONGOING CONDITIONS OF APPROVAL 1. Use & Location: Marijuana production is conditionally approved inside the two approved structures. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 4. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 square feet at any time. 5. Lighting: The following lighting standards shall be met. a. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the Tamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. c. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 247 -17 -000831 -AD Page 19 of 22 6. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 7. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 8. Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc. 9. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 10. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 11. Waste: The marijuana waste receptacle shall be stored within the limited access areas within the production buildings, and shall be in the possession of and under the control of the OLCC licensee. 12. Prohibited Uses: The uses listed in DCC 18.116.330(6)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. 13. Annual Reporting.: The annual reporting requirements of DCC 18.116.330(D) shall be met. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. 247 -17 -000831 -AD Page 20 of 22 This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION ritten by: Jacob Ripper, Associate Planner Reviewed by: Peter Gutowsky, Planning Manager Attachments: A. COID Irrigation Map 247 -17 -000831 -AD Page 21 of 22 Attachment A I COID: COMMENT ON 247 -17 -000831 -AD 200 !Feel 247 -17 -000831 -AD Legend TAXLOTS STREETS --- CANALS IL Page 22 of 22 - ii i zi 1 F ,;• 4 1:5 Site Plan Date: 9/18/2017 Rovtalonto Job No: -- 10/8/2017 Factotum admit. 20800800000 Market Rd -0044M0 APPROVED UNAPPROVED PlIELIMOOSIV COP( ; GROW SITE 25890 ALFALFA MARKET ROAD BEND, DR 97701 TAXLOT# 1714220001200 TOWNSHIP TZ RANGE 14. 0001100 2Z TAXLOT 1200 Prepared Foo MIKE SCHOOK MOW 303-883-6781 - - - I :I / / / ------1 /1 // // I /1 // i! / • // / / / // / / / / // / / / // / / / / / // / / / / // ,/ / // / / , / / // / / / / / / /, / / / / / / 7/ /// // Site Plan Date: 9/18/2017 RevIelontr Job No: 10/8/2017 Rename: 826o0k. m00 AWN heou0 Rthlicaee APR.. UNMPROYED PRELAISNARY COPY GROW SITE 25890 ALFALFA MARKET ROAD BEND, OR 97701 / // 6 7. TAXLOT 01714220001200 TOWNSHIP TX RANGE YL 62171106 271 TAXLOT 1200 Prepared FP1, . MIKE 803000K 2130128 310-8213-0161