1997-010 Law Enforcement Block Grant Programr~
RESOLUTION NO. 10-97
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE MANAGER TO
APPLY FOR AND ACCEPT A LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM WITH
THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DEPARTMENT)
WHEREIN THE VILLAGE WOULD RECEIVE
$10,000.00 FROM THE DEPARTMENT AND
BE REQUIRED TO PROVIDE A TEN PERCENT
(10%) CASH MATCH; AND, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
• BEACH, FLORIDA:
Section i. The Village Council of the Village of North
Palm Beach, Florida, does hereby accept the local Law Enforcement
Block Grant Program with the State of Florida Department of
Community Affairs wherein the Village will receive from the
Department the sum of $10,000.00 and be required to provide a ten
percent (l0e) cash match.
Section 2. The Mayor and Village Manager are hereby
authorized and directed to execute and submit the application form
attached as Exhibit '~A'~ for the local Law Enforcement Block Grant
Program with the state of Florida Department of Community Affairs.
• Section 3. This Resolution shall take effect immediately
upon its adoption.
1996.
PASSED AND ADOPTED THIS
(Village Seal)
13th DAY OF FEBRUARY
/~~~~~i
MAYOR
.,
.~
•
ATTES /~
ILLAGE CLERI
/~~•
Loca! Lake
.Block Grains
~A Contract Number:
A. Names cC Addresses
1. Subgrant Recipient.
Name of Chief Elected Official: v.A. Marks
TIfIC: Mayor
Address: 507 U.S. #1 North Palm Beach, Fl.
Zip Code: 33406
Area Code and Telephone Number: (56 t) 848- 3475
SUNCOM Number:
Area Code and Fax Phone Number: (56t) Bet_7469
2. Chief Financial Officer.
Name of Chief Financial Officer: shaukat xhan
T1t1C: Finance Director
Address: 501 U.S. #1 Ncrth Palm Beach, Fl.
• Zip Code: 33408
Area Code and Telephone Number: (56 t) .848- 3474
SUNCOM Number:
Area Code and Fax Phone Number: (56t) 88t-7969
3. Implementing Agenc3~. (Government Agency Responsible for Project)
Name of Chief Executive Official: DenniA W. Kelly
Title: Village Manager
Address: 501 U. S. #1 North Palm Beach, Fl.
Zlp COdC: 33406
Area Code and Telephone Number: (561) 848-3476
SUNCOM Number:
Area Code and Fax Phone Number: (561) 881._7469
4. Project Director. (Employee of Governmental Implementing Agency)
Name of Project Director: Bruce F. sekeres
Title: Director of Public Safety
AddrCSS: 501 U.S. #1 North Palm Beach, Fl.
Zip Code: 33408
Area Code and Telephone Number. (561) 848-2525
SUNCOM Number:
• Area Code and Fax Phone Number: (561) 881 -7969
SuLgrnn! Applicalivn Pnckage SF1' 1997
Applicnliox
S'raion N - I
•
Local Law
B. Administrative Data
1. Project Title (Not to exceed 84. characters, including spaces).
ERPANDED BI@KLE PATROL -Man hours and F.auiom n
2. Project Period.
Period Month Day Year
Beginning
Ending Aril- t
1r
u
C. Fiscal Data
A warrant for the lump sum grant award will be sent directl}• to the Chief
Financial Officer identified by the recipient in Section A.2.
2. Vendor # (Enter Federal Employer Tdentifieation Number of Subgrantee):
3. SAMAS # (Enter if you are a state agency):
D. Program Purpose Areas and Project Budget Schedule
B/ock Grants
Local Law Enforcement Block Grants Program funds may be used for one or more of the
Program Purpose Areas below. In the Proi re~t Budg_l Schedule that followc indic9te the
Program Pumose Areas ,} Ok,nlan to implement j1,~,~Recifying the dollar amount req i to .
fund each activity. Local Matclt must be ~ arrd lrrust represent no less tlian tern (10J
percent ojtlle project's cost.All or any portionof funds allocated under this title may be used
to contract with private, nonprofit entities or community-based organizations to carry out the .
purposes of this Program.
1. Law Enforcement Support for:
a. Hiring, training, and employing on a continuing basis, new additional law
enforcement officers and necessary support personnel (if fiords are used to hire law
enforcement officers, there must be a net gain over the unit of local govermnent's
current appropriated budget, in the number of law enforcement officers who
perform non-administrative public safety service).
Su6grnn[.tpplicalion Pnckogc
SF)' 1997
Applientiott
Section 1/ - 1
•
Local Law
Block Grants
b. Paying overtime to presently employed law enforcement officers and necessary .
support personnel for the purpose of increasing the number of hours worked by
such personnel.
c. Procuring equipment, technology, and other material drrectly related to basic law
enforcement functions.
2. Enhancing security measures in and around schools, and in and around any other facility
or location that the unit of local government considers a special risk for incidents of crime.
3. Establishing or supporting drug courts. To be eligible for funding, a drug court program
must include the following:
a. .Continuing judicial supervision over offenders with substance abuse problems, but
. who are not violent offenders;
b. Integrating administration of other sanctions and services, which shall include:
i. mandatory periodic testing of each participant for the use of controlled
substances or other addictive substances during any period of supervised
release or probation;
ii. substance abuse treatment for each participant;
iii: probation or other supervised release involving the possible prosecution,.
confinement, or incarceration because of noncompliance with program
requirements or failure to show satisfactory progress; and
iv; programmatic, offender management.and aftercare services such as relapse
prevention, vocational job training, and job and housing placement.
4. Enhancing the adjudicAtion of cases involving violent offenders, including cases involving
violent juvenile offenders. For the purposes of this program, violent offender means a
person chazged with committing a Part 1 violent crime under the Uniform Crime Reports.
5. Establishing a multi jurisdictional task force, particularly in rural areas, composed of law
enforcement officials representing units of local government. This task force will work
with Federal law enforcement officials to prevent acid control crime.
6. Establishing crime prevention programs
residents and law enforcement personnel
prosecution of criminals.
involving cooperation between community
to control, detect, or investigate crime or the
7. Defraying the cost of indemnification insurance for Irtw enforcement officers.
Subgranr Appficalion Packogc
SFT 1997
.1 pplirnrion
Smrion // - .i
•
Local Law
Grants
Ineligible Use of Funds. The following items may not be purchased, leased, rented or
acquired vrith funds provided under the Local Law Enforcement Block Grants Program:
Tanks or armored vehicles Yachts
Fixed-wing aircraft Real Estate
Limousines Consultants -
Vehicles not primarily used for law enforcement
PROJECT BUDGET SCHEDULE
(Type or Print Dollar Amounts in Applicable Categories and Leave Others Blank.)
Program Purpose Area/ I Federal
Budget Category Funding
.,
..
I.a. Salaries and Benefits
Indirect Costs
I.b. Salaries and Benefits
Indirect Costs
Local
Government
Caslr Matc/r
.Total
911
I.c. Expenses 500 100 $600
Operating Capital Outlay 500 100 600
Indirect Costs
2. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Subgrnn! if pplication Package SFY t 997
.1 pplitmion
Setlian // - I
Loca! Law Errforcen:errt Block Grants Program
Florida Dcpartnretrl ojConnnuu/ryAfjairs
•
Program Purpose.4rea/ Federal Loca!
Budget Category Funding Government Total
Caslr A1atc/r
3. Salaries and Benefits ~-
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
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4. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
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5. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
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G. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs .
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Local Law
rrforcenrcut Block Grants Prc
Department ojComnrunin• Affairs
PROJECTBUDGETSCHEDUIE
_SUMDIARX<
(Totals:ForA!(Program?PurposeAreas) ` .
Federal Loca[
Budget Category Funding Government Total
Caslr Matclt
Salaries and Benefits $9,000 5911- 59,911
Contractual Services
Expenses G00 100 600
Operating Capital Outlay
500 100 5600
Indirect Costs '
Totals: $10 000 1 11 1 $11 ,1 11
SlrGprmq Appficnliou Pnckogr
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Local Law
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1;. Project Budget Narrative
Block Grants
ou must describe line items for each applicable Budget Category for which you are
questing subgrant funding. Provide sufficient detail to show cost relationships to project
:tivities. In addition, describe your specific sources of matching funds: [Source of9natch
ust be c~ and represent no less than ten (10) percent of the project's cost.]
Star[ below and use continuation pages as necessary.
The project will allow the North Palm Beach Department of Public
Safety to expand the use of bicycle patrol through the addition of
one fully equipped bicycle to bring our complement to a total of
two, along with uniform requirements for participants.
Tt will also permit payment of approximately eight hours of
overtime per week to be devoted to bicycle' patrol to expand
coverage of our jurisdictional boundaries.
Salaries and benefits of $9,911 shall be utilized to pay existing
employees overtime to provide an approximate eight hours of
additional bicycle patrol per week.
Operating Capital Outlay of $600 shall. be used to purchase one
bicycle to bring the Department's total to two.
Expenses of $600 shall be used for necessary bicycle equipment and
uniforms for program participants as follows:
One helmet $30
3 prs. shorts $120
3 shirts $75
Rear bike rack $40
Rack bag $60
Car rack 5100
Headlights $100
Taillight $25
Tools $20
Matching local funds for this project shall be derived from two
sources, both Revenue Accounts:
1. Parking fines Account Number A0911-04130
2. Misc. revenue Account Number A0911-08999
Subgran! Applica(ion Pacingc SFY 1997 Applicanon
Section !! - 7
•
Loca(LaK~
Block Grants
ojComnrunih• Ajjairs
F. Acceptance and Agreement
All persons involved in or Having administrative responsibility for the subgrant must read
these "Acceptance and Agreement" conditions. This "Acceptance and. Agreement"
(Section F) must be returned as part of the completed application.
Notc Condition No. 13: Onl}• project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible
for funding under this subgrant.
Conditions of Agreement. Upon approval of this subgrant, the approved application and the
conditions outlined below wtll become binding. Non-compliance n•iIl result in project
costs being disallowed.
Definitions.
The term "department", unless otherwise stated, refers to the Department of Community
Affairs.
The term "bureau", unless otherwise stated, refers to the Bureau of Community Assistance.
The term "subgrant recipient" refers to the governing body of a city or a county or an
Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary
of the Interior, and includes an "implementing agency" which is a subordinate agency of
a cit}•, county or Indian Tribe, or an agency under the direction of an elected official (for
example, Sheriff or Clerk of the Court).
1. Reports
a. Project Performance Reports:
The recipient shall submit department Quarterly Project Perjornrance Reports to the
bureau by Febntary 1, May 1, August 1, and November 1, covering subgrant activities .
during the previous quarter.
A Final Project Performance Report, covering the entire time frame of project
activities, is due within forty-five (45) days after the end of the project period.
In addition, if the subgrant award period is extended beyond the "original" pro)'ect
period, additional Quarterly Project Performance Reports shall be submitted as well as
a Fina( Project Performance Report.
b. Financial Reports:
The recipient shall submit Quarterly Project Expendi[ure Reporis (Form LLEBGP-001)
l to the bureau by February 1, May 1; August 1, and November 1 covering subgrant
projce t expendi:ures during the. previous quarter. (See Paragraph 18. Aroject
SuLgran! Appficanon I'arAagc SFT 1997 APP(itation
Scciinu tl - d
Local Lars Enforcement Block Grants
Florida Department ojCommunin• AJ,
Expenditures) A final Project Expenditure Report and a Crimina/ Justice Contract
(Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the bweau
within forty-five (45) days of the subgrant termination period. Such claim shall be
distinctly identified as "final."
.:,,;
The recipient shall submit Ousrterly Project Generated Income Reports (Form
LLEBGP-002) to the bweau by February 1, May 1, August 1, and November 1 covering
subgrant project generated income and expenditwes during the previous quarter. (See
Paragraph 14. Program Income.)
c. Other Reports:
The recipient shall submit other reports as may be reasonably required by the bweau.
All required reports, instmctions, and forms shall be•distributed with the subgrant
awazd.
2. Lump Sum Payment and Establishment of Trust
The department shall award program funds to the recipient in one,:lump sum payment. The
recipient must establish an interest-bearing trust fund to deposit program funds. The term
"trust fund" is defined as an interest-bearing accountthat is specifically designated for this
• program. Only allowable program. expenses can be paid from thisaccount. This fund may
tl~ be utilized to pay debts incurred by other activities beyond the scope of the program.
To be in compliance with the trust fund requirement, a recipients account must include the
following four feattves:
a. The account must earn interest;
b. The recipient must be able to account for the federal award amount; ~ ,
c. The recipient must be able to account for the local match amount; and
d. The recipient must be able to account for the interest earned.
If these requirements can be met.within the recipient's current financial management
system, there is no need to establish a sepazate account.
3. Fiscal Control and Fund Accounting Procedures
The recipient shall establish fiscal control and fund accounting procedures that asswe
proper disbwsement and accounting of subgtant funds and required. non-federal
expenditwes. All funds spent on this project shall be disbwsed according to provisions of
the project budget as approved by the bureau.
All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs' Financial and Administrative Guide jot Grants (Guideline Manual 7100.ID,
U.S. Department of Justice's Common Rule for State and Local Governments), and in the
federal Office of Management and Budget's (OMB's) Circulars A-2J, A-87, and A-110; in
their entirety).
Subecanl App(icafion Package SF7'1997 APPlication
Section tl - 9
~1,
U
Local LaH~ Enjorcenrerrt Block Grants
All funds not spent according to this agreement shall be subject to repayment by the
recipient.
4. Compliance with "Consultant`s Competitive Negotiation Act"
.. ~.
The recipient, when applicable, agrees to satisfy all requirements provided in Section
287.055, Florida Statutes, known as the "Consultant's Competitive Negotiation Act".
5. Approval of Consultant Contracts
The department shall review and approve in writing all consultant contracts prior to
employment of a consultant: Approval shall be based upon the contract's compliance with
requirements found in the Office of Justice Programs' Financial and Administrative Guide
for Grants (Guideline Manual 7100.1 D, U.S. Department of Justice's Common Rule for
State and Local Governments), and in applicable state statutes. The department's approval
of the recipient agreement does not constitute approval of consultant contracts.
6. Allowable Costs
Allowance for costs incurred under the subgrant shall be detemuned according to "General .
Principles of Allowability and' Standards for Selected Cost Items" set forth in the Office of
Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual
7100.1D, U.S: Department of Justice's Common Rule for State And Local Governments).and
federal OMB's Circular No. A-87, "Cost~rinciples for State and I:ocal Govemments", or
OMB's Circular No. A-21, "Cost Principles for Educational Institutions".
All procedures employed in the use of federal funds to procure services, supplies or.'
equipment, shall be according to U.S. Department of Justice's Common Rule for State and
Local Governments, or Attachment "O" of OMB's Circular No. A=110 and Florida Law to
be eligible for funding under this subgrant..
7. Travel
All expenses for travel out-of--state orout-of-grant-specified work area shall be based upon
written approval of the department prior to commencement of actual travel.
The cost of all travel shall be reimbursed according to local regulations; but. not in excess
of provisions in Section 112.061, Florida Statutes. .
All bills for any travel expenses shall be submitted according to provisions in Section
112.061, Florida Statutes.
8. Written Approval of Changes in this Approved Agreement
Recipients shall obtain written approval from the department for major changes to this
agreement. Major changes include, but arc nor limited to:
a. Changes in project activities, designs or research plans set forth in the approved
agreement;
Subgran( Application PacMgr SFY 1997 _. _ _ APPfication
Seaimi fl - 10
Local Law
Block Grants
Fiorida Department of
b. Budget deviations that do not meet the following criteria:
i. A recipient may transfer funds between budget categories provided the total amount
of transfer (increase or decrease) does not exceed ten (10) percent of the total
approved budget category and the.transfer is made to an approved budget line item;
or,
ii. A recipient may transfer funds above the ten (10) percent cap provided a revised
budget is submitted to and approved by the department.
Under no circumstances can transfers of funds increase the total budgeted award.
Transfers do not allow for increasing the quantitative number of items documented in
any approved budget line item (e.g., equipment items in the Operating Capital Outlay
or Expense categories, or staff positions m the Salaries and Benefits category.)
9. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject
to available federal Local Law Enforcement Blook Grant funds.
10. Commencement of Project
• If a project has not begun within sixty (60) days after acceptance of the subgrant awazd, the
reciprent shall send a letter to the bureau requesting approval of a new project starting.date.
The letter must outline steps to initiate the project, explain reasons for delay, and specify
an anticipated project starting date.
If a project has not begun within ninety (90) days after acceptance of the subgrant awazd,
the recipient shall send another letter to the bureau, again. explaining reasons for delay and
requesting approval of a revised projectstatting date.
Upon receiptof the ninety (90) day letter, the department shall detemrine.if the reasons for
delay are justified or shall, at its discretion, unilaterally terminate this agreement and .
deobligate subgrant funds to other projects approved by the department. If warranted by
extenuating circumstances, the department may extend the starting date of the project
beyond the ninety (90) day period, but only by a formal written amendment to this
agreement.
11. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between. the recipient and a contractor
(which includes allproject budget categories) shall be in writing for a period not to exceed
six (6) months and is subject to the same terms and conditions set forth in the initial
contract. Only one extension of the contract shall be acceptable, unless failure to complete
the contract is due to events beyond the control of the wntractor.
• 12. Excusable Delays
~ Except with respect to defaults of consultants, the recipient shall not be in default by reason
Subgranr Application Package SFS'I997 Application
Section I1- //
Local Law Enforcement Block Grants Pro
Florida Department ojCommunityAjjairs
of any failwe in performance of this agreement according to its terms (including any failwe
by the recipient to make progress in the executionof work hereunder which endangers such
performance) if such failwe anses out of causes beyond the wntrol and without the fault or
negligence of the recipient. Such causes include but arenot limited to acts of God or of the
public enemy, acts of the government in either its sovereign or contractual capacity,~fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather, but in every case the failure to perfomrshall be beyond the control.and without the
fault or negligence of the recipient.
If failwe to perform is caused by failwe of a consultant to perform or make progress, and if
such failwe arises out of causes beyond the control of the recipient and the consultant, and
without fault or negligence of either of them, the recipient shall not be deemed in default,
unless:
a. Supplies or services to be famished by the consultant were obtainable from other
sowces;
b. The department ordered the recipient in writing to procwe such supplies or services.•
from other sowces; and
c. The recipient failed to reasonably comply with such order.
Upon request of the recipient, the department shall ascertain the facts and the extent of such .
failure, and if the department detemvnes that any failure to perform was occasioned •by one
or more said causes, the delivery schedule shall be revised accordingly.
13. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date nr
subsequent to the temvnation date of the grant period: Only project costs incurred on or
after the effective date and on or prior to the termination date of the recipient's project
are eligible for funding under this subgrant. A cost is incurred when the recipient's
employee or consultant performs required services, or when the recipient receives goods, ..
notwithstanding the date of order.
14. Program Income (also known. as Project Generated Income)
The term "program income" or "project generated income" means the gross income earned
by the recipient, during the subgrant period, as a direct result of the subgrant award. Program
income shall be handled according to the Office of Justice Programs' Financial and .
Administrative Guide for Grants (Guideline Manual 7100.1 D, U.S. Department ojJustice's
Common Rule for State and Local Government. Reference: The Cash Management.
Improvement Act oj1990).
Subject to the above requirements, Project Generated Income may be used by the recipient .
for Program Purpose Area activities.
• The recipient shall submit Quarterly Project Generated /ncome Reports, as specified in
E Section F., Pazagraph l.b.
Subgranr App(ieation Package SFY 1997 Application
Scclioa /1- 11
r~
u
Local Late
of
15. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by
the recipient, the recipient's consultants and suppliers, or both, the department shall impose
sanctions it deems appropriate including withholding payments and cancellation, temunation
or suspension of the agreement in whole or in part. In such event, the department shall notify
the recipient of its decision thirty (30) days in advance of the effective date of such sanction.
The recipient shall be paid only for those services satisfactorily performed prior to the
effective date of such sanction.
IG. Acccss To Records
The Department of Community Affairs; the t3:S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance; and the Auditor General of the State of Florida,.the
U.S. Comptroller General or any of their duly authorized representatives, shall have access
to books, documents, papers and records of • the .recipient, implementing agency .and
contractors for the purpose of audit and examination according to the.Office of Justice
Programs' Financial and Administrative Guide jor Grants (Guideline Manual 7100.1 D, .U.S.
Department of Justice's Common Rule jor State and Local Government).
The department reserves the right to unilaterally terminate this agreement if the recipient,
implementing agency or contractorrefuses to allow.public access to.all documents, papers, .
letters, or other materials subject to provisions of Chapter 119, Florida Statutes; and made
or received by the recipient or its contractor in conjunction with this agreement. -
17. Audit
a. The recipient shall provide to the department one copy of an annual-.audit conducted in•
compliance with The Single Audit Act of 1984, P.L. 98-502.. The audit shall .be
performed in accordance with the federal NIB'S Circular A-128 and other applicable
federal law. The contract for this agreement shall be identified with the subject audit in
The Schedule ojFederal Financial Assistance. The contract shall be identified as federal
funds passed-through the Florida Department of Community Affairs ,and include the
contract number, CFDA number, award amount, contract period, funds received and
disbursed. When applicable, the recipient shall submit an annua] financial audit which
meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters
10.550 and 10.600, Rules ojthe Florida iluditor General.
b. A complete audit report which covers any portion of the effective dates of this agreement. .
must be submitted wtthin 30 days after its completion, but no later than seven (7) months
after the audit period. In order to be complete, the_submitted report shall include any
management letters issued sepazately and management's written response to all findings,
both audit report and management letter findings. Incomplete audit reports will not be
accepted by the department and will be returned to the recipient:
• c. The recipient shall have all audits completed by an independent public accountant (IPA).
The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
Blocfi
SuLgran( Application PackaBc SF}' 1997 APPlica/ion
Section n - 1.7
Loca! Law Enforcemetrt Block Grants Progra-r:
FloridaDtpartmentojCommuuiry•Ajjais '
d. The recipient shall take appropriate corrective action v,7thin six (6) months of the issue
date of the audit report in instances of noncompliance with federal laws and regulations.
e. The recipient shall ensure that audit working papers are made available to the
department, or its designee, upon request for a period of five (5) years from the date the
audit report is issued, unless extended in writing by the department.
f If this agreement is closed our H9thout an audit, the department reserves the right to
recover any disallo~~ed costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:
)epartment of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Sadowski Building
Tallahassee, Florida 32399-2100
• 18. Project Expenditures
All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditure
Report), prescribed and provided by the department. Project Expenditure Reports shall be
submitted to the bureau on a quarterly basis, as specified in Section F., Paragraph 1•.b.
All claims for funding shall be submitted in sufficient detail for proper.pre-audit and post-
audit.
All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.'
19. Retention of Records
The recipient shall maintain all records and documents for a minimum of three (3)-years from
the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
20. Ownership of Aata and Creative 114aterial
Ownership of material, discoveries, inventions, and results developed, produced, or
discovered subordinate to this agreement is governed by the terms of the Office of Justice
Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S.
Department ofJustice's Common Rule for State and Local Government) or the federal OMB's
Circular A-110, Attachment 1J, Paragraph Eigh! (8).
Subgrant Appfication PacAage SF}'t997 Apt>/icahon
Scciiai !t - 14
Loca/Law En/orcenrent Block Grants
r
21. Property Accountability
Department of
The recipient agrees to use all non-expendable property for criminal justice purposes during
its useful life or request department disposition.
The recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property famished to it by the department or pwchased pwsuant to this
agreement according to federal property management standards set forth in the Office of
Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual
7100.1 D, U.S. Department of Justice's Common Rule for State and Local Government) or
the federal OMB's Circular A-I10, Attachment N. This obligation continues as long as the
recipient retains the property, notwithstanding expiration of this agreement.
22. Disputes and Appeals
The department shall make its decision in writing-when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute. tts
response to all concerned parties. The recipient shall proceed diligently with the
performance of this agreement according to the department's decision.
Any appeal of the department's decision shall be submitted in writing to the secretary of the .
• department within twenty-one (21) calendar days of receipt ojnotifcation. The decisiomof.
the secretary of the department shall be final.
If the recipient appeals the department's decision, it also shall be submitted in writing to the
department's clerk (agency clerk) within twenty-one (21) calendar days• of receipt of
notification. The recipient's right to appeal the department's decision is contained in Chapter.
120, Florida Statutes, and in procedwes set forth in Chapters 28-5 and 9-S, Florida
Administrative Code. Failwe to appeal within this time frame constitutes a waiver of
proceedings under Chapter 120, Florida Statutes.
23. Conferences and Inspection of Work '
Conferences may be held at the request. of any party to this agreement. At any time,
representatives of the bureau and/or the U.S. Department of Justice's Bureau of Justice
Assistance have the privilege of visiting the project site to monitor, inspect and assess work
perfot7ned under this agreement. •
24. Publication or Printing of Reports
a. Before publication or printing, a final draft of any report required under or pertaining to
this aereement shall be sent to the bweau for its ievtew and comment. •
b. Publications or printed reports covered under paragraph a. above shall include the
following statements on the cover page:
i. "This report was prepared for the Florida Department of Community Affairs,
1 ones F. Mwley, Secretary, in cooperation with the U.S. Department of Justice;
SuL~ranr AppL canon /'ackagt _ SF3' 1997 Application
Scaiai t/ - 1 S
Local Law
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Block Grants
Affairs
Bureau of Justice Assistance." The next printed line shall identify the month and
yeaz the report was published.
ii. "This program was supported by grant #{ awarded to the Department of
Community Affairs, State of Florida, and by the Bureau of Justice Assistance
(BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA
is a component of OJP which also includes the Bureau of Justice Statistics,
National Institute of Justice, Office. of Juvenile Justice and Delinquency
Prevention, and the Office for Victims of Crime."
iii. "Points of view, opinions, and conclusions expressed in this report are those of
the recipient and do not necessarily represent the official position or policies of
the State of Florida Department of Community Affairs, the U.S. Department of
Justice, Office of Justice Programs, or any other agency of the state or federal
government.
r:
25. Equal Employment Opportunity (EEO)
All recipients are required to comply with nondiscrimination requirements contained in
various federal laws. Specifically, the statute that governs programs or activities funded by
the Office ojJustice Programs (OJP) (Section 809(cJ, Omnibus Crime Control and Saje
Streets Act oj1968, as amended; 42 U.SC. 3789d, prohibits such discrimination; as follows:
No person in any State shall on the grounds of race, color, religion, national origin, sex. .
[or disabilityj'r be excluded from participation in, be denied the benefits of, or be:
subjected to discrimination ;under, or denied. employment in connection with any
program or activity funded in whole or in part with funds made available under this title. •. -
"`Section 504 ojthe Rehabilitation Act oj1973 prohibits identical discrimination on the.
basis ojdisability.
The recipient acknowledges, by completing and signing the attached EEO Certification
Letter (Appendix I), that failure to submit an acceptable Equal Employment Opportunity.
Plan approved.by the Office for Civil Rights (if recipient is required to submit one pursuant
to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of .
funding obligation authority. Submission of this certification letter is a prerequisite to
entering into this agreement. This certification is a material representation of fact upon
which reliance was placed when this agreement was made. If the recipient or implementing
agency meet Act criteria but have not formulated, implemented and maintained such a
current written EEO Program, they have 120 days after the date this agreement was made to
comply with the Act or face loss of federal funds subject to the sanctions in the Justice
System Improvement Act oj1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section
803 (a) ojthe Act, 42 U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information).
A
If an}• court or administrative agency makes a finding of discrimination on the grounds of
race, color, religion, national origin, gender, disability or age against a recipient of funds, the
recipient must agree to forwazd a copy of the findings to the OJP Office forCivil Rights.
Su6granl Application Package SFY 1997 Application
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Local LaHr
Block Grants
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26. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities
on the basis of disability and requires certain accommodations be made with regard to
employment (Title I), state and local government services and transportation (Title II), public
accommodations (T'itle III), and telecommunications (Title IV).
27. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 -Criminal Intelligence
Systems Operating Policies is to assure that recipients of federal funds for the ryncinal
pumose of operating a criminal intelligence system under the Omnibus Crime Control qnd
Saje SrreetsAct oj1968, 42 U.S.C. 3701, et.seg., as amended (Pub. L. 90-351, as amendedby
Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95=11 S, and Pub.L.
96-157), use those funds in conformance with the.privacy and constitutional rights of
individuals.
The recipient and a criminal justice agency that is the implementing agency agree to certify
that they operate a criminal intelligence system in accordance with Sections 802(a) and
• 818(c) ojthe Omnibus Crime~Control and Saje Streets Act oj19tS8 as amended and comply
with criteria as set forth in 28 CFR Part 23 -Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance:
Submission of this certification is a prerequisite to entering.into this agreement.
This certification is a material representation of fact upon which reliance was placed when
this agreement was made. If the recipient or criminal justice agency operates a criminal
intelligence system and does not meet Act and federal regulation critera, they must indicate
when they plan to come into compliance. Federal law requires a subgrant funded criminal
intelligence system project to be in compliance with Ure Act and federal regulation prior to
the award of federal funds. The recipient is responsible for the continued adherence to the
regulation governing the operation of the system or faces the loss of federal funds: The
department's approval of the recipient,agrcement does not constituteapproval of the subgrant
funded development or operation of a criminal intelligence system.
28. Non-Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the
recipient to certify it shall not enter into any lower tiered covered transaction with a person
who is debased, suspended, doclared ineligible or is voluntarily excluded from participating
in this covered transaction, unless authorized by the department.
29. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent
upon an annual appropnation by the Florida Legislature.
Subgran( App(itation !'aclmgr SFY 1997 ApplitNion
Sttlion /!- 17
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Loca! Law
30. Federal Restrictions on Lobbying
Block Gralrts
The recipient agrees to comply with Section 319 of Public Lati,~ 101-121 set forth in "Ne>,~
Restrictions on Lobbying; Interim Firtal Rule, "published i/t the Febritan~ 26, 1990, Federal
Register.
Each person shall file the most current edition of this Certification And Dicrloc„~r Form,
if applicable, with each submission that initiates agency consideration of such person for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $150,000 or more.
This certification is a material representation of fact upon.which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code. Any person who fails to file the required certification is subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each failure to file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
a. No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employce.of any federal agency, a
member of congress, an officer or employee of congress, or an employce ofa member
of congress in connection with the awazding of any federal loan, the entering into .of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
b. If any non-federal funds have been paid or shall be paid to any person for itfluencing or
attempting to influence an officer or employee of congress, or an employee of a member
of congress in connection with this federal contract, grant loan, or cooperative. agreement,•
the undersigned shall complete and submit the standard form, Disclos_ ure of T.r~bbvi~
c 'v' ' ,according to its inswctions.
c. The undersigned shall require that the language of this certification be included in award
documents for all subgrant awazds at all tiers and that all subgtant recipients shall certify
and disclose accordingly.
31. State Restrictions on Lobbying
In addition to the provisions contained in Paragraph 30 of Section F, Acceptance and
Agreement, the expenditure of funds for the purpose of lobbying the legislature or a
state agency is prohibited under this contract.
32. Statement of Federal Funding Percentage and Aollar Amount
VJlten issuing statements, press relea::es, requests for proposals, bid solicitations, and other
documents describing protects or programs funded in whole or in pail with federal funds, all
grantees and recipients receiving these federal funds, including but not limited to state and
local governments. shall clearly state:
SuLgrant Application 1'arAa~r SFS' 1997 APPticolion
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t Block Grants
• rlorida Department of
a. The percentage of the total cost of the program or project that shall be financed with
federal funds, and
b. The dollar amount of federal funds to be expended on the project or program.
33. Project Closeout
Project funds which have been properly obligated by the end of the subgrant funding period
will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end
of the 45-day period will lapse and revert to the department. A subgrant funded project will
nor be closed out until the recipient has satisfied all closeout requirements in one final
subgrant closeout package. A check for the full amount of any unexpended funds must
accompany the closeout package.
34. Background Check
It is strongly recommended that all programs targeting juveniles, implemented by other than
a sworn law :enforcement officer or program licensed by the Department of Health and
Rehabilitative Services, conduct background checks on. all personnel providing direct
services.
• 35. Eligibility for Employment in the United States .
Recipients must agree to complete and keep on file, as appropriate, the Immigration-and
Naturalization Service Employment Eligibility Form (I.9). This form is to be used by the .
recipient of federal funds to verify that persons employed by the recipient, are eligible to
work in the United States.
36. Employment Preference for Former Members of the Armed Forces
Recipients shall give suitable preference in the employment of persons•as additional law
enforcement officers or support personnel to members of the Atmed Forces who were
sepazated or retired involuntarily due to the reductions in the Department of Defense.
SuAgrant Application PacAagc S~'r997 Appfication
s«nan rr - r 9
Local Lnty
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tt Block Grants
ojCommunftr Aj
G. Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth
in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duly authorized officers on the date, month and yeaz set
out below.
Correctiats including strikeovers, whiteouts, etc., on tleis page are not acceptable.
State of Florida
Department of Commuttity Affairs
Bureau of Commtutity Assistance
By:
Type Name and Title:
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
~~(Co/m `mission Chairman/, M~a~yor, or Designated Representative) ~ -
Type Name and Title: v.a- Ma,-ks. Mavor.
Dater ~~~
FEIDNumber: s9-6ot~9ea
Implementing Agency
Official, Administrator or Designated Representative
By:
Type Name and Title: Dennis W. Kell Vil a e Mana er
Date: a-~ / 3 9 7
Subgraul Appficarion Package SFr' 1997 ~ Applicatlon
Scuion /! -10
'~',~:; ~
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Department of Community Affairs
EEO CERTIFICATION LETTER
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumazd Oak Boulevazd
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements
Deaz Mr. Wilder:
I, the undersigned authorized official, certify that according to Section SOl of the
Omnibus Crime Control and Safe Streets Act of 1968 as amended, the subgrant recipient (check
•one of the following):
Does meet Act criteria. ^ Does not meet Act criteria.
I understand that if the subgrant recipient meets these criteria, it must formulate, implement
and maintain a written EEO Program relating to employment practices affecting minority persons
and women. I also affum that the subgrant recipient (check one of the following):
Ha& a current EEO Program Plan ^ Does not have a current EEO Program Plan.
I further affum that if the recipient meets the Act criteria and does not have a current written
EEO Program, federal law requires it to formulate, implement, and maintain such a program within
120 days after a subgrant application for federal assistance is approved or face loss of federal funds.
(Sirwurc of Aulhori}cd ORrcial)
Date: ~ ~`~ S'7
Dennis 41. Kelly, Village Manager
rryad N,mc and my
Appendu ~ -