2001-099 FDLE Local Law Enforcement Block GrantRESOLUTION 99-2001
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A RESOLU770N OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BI;ACI I, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND PUBLIC SAFETY
ll1REC"1'OR OF THE VILLAGE TO EXECUTE AND FILE A GRANT APPLICATION FOR
LOCAL LAW ENFORCEMENT BLOCK GRANT MONIES THAT HAVE BEEN ALLOCATED
13Y I~L,ORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) FOR USE IN DRUG
1N7'1sRDICTION/SURVEILLANCE OVERTIME PAY TO EMPLOYEES, WHICH GRANT
AI'PL1CATlON IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A" AND MADE A
PART HEKEOP; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE 1"I' RIiSOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize
the Mayor and Public Safety Director of the Village to execute and file a grant application for local
law enforcement block grant monies that have been allocated by Florida Department of Law
}?nforcement (FDLE) for use in drug interdictiorJsurveillance overtime pay to employees, which
grant application is attached to this Resolution as Exhibit "A" and made a part of this Resolution.
Section 2. This Resolution shall take effect immediately upon its adoption.
PASSF,D AND ADOPTED THIS 13th DAY OF DECEMBER, 2001.
(Village Seal)
A'T'TEST:
VILLAGE CLERK
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State of Florida .
Florida Department of Law Enforcement
Local Law Enforcement Block Grant
Application for Funding
Local Law Enforcement Block Grants Program
Flor/da Department of Law Enforcement
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APPLICATION FOR FUNDING ASSISTANCE
FDLE Contract Number:
This number will be Inserted b FDLE .
County Name: palm Beach Federal CFDA Number 16.592
A. A licant Information
1. SubgrantReclplentlnformation(Goveming6odyoleciry,counryorlrMianTiibepeAormingcriminal/usriceluncr;ons
es determined b the U. S. Seaele oI the Interior .
A enc Name
Name of Chief Elected Official / State A enc Head
Title Ma or E-Ma(IAddress
Address
Cil Zi Code
Area Code/Tele hone No. 1 SunCom Fax
2. Chief Financial Officer of Subgrant Recipient
Name of Chief Financial Officer Shaukat Khan
Title E-Mail Address '
Address
Cit Norti~ P lm Beac Zi Code
Area CodeRele hone No. 1 - SunCom Fax
3. Implementing Agency (A subordinate agency o/e city, county alndien Thbe, or an agency under the direction o/ an
elected oycial, i.e., a Sherill's O//!ce .
A enc Name
Name of Chief ElectedOfficiai/StateA enc Head Earl L. Johnson
Title Director of Putlic Safet E-Mail Address
Address
Cit North Palm Beach Zi Code 3340E
Area CodelTele hone No. 561 - 2-1 1 SunCom Fax 561 1 -1 7 1
4. PfOf eCt DireCLOr (Individual In direct charge o/managlrg enNor Implementing pro/act activities-must bean empbyee o/
the Im lementi A nc
Name ofPro'ectDireclor Geor e J. Warren
Title E-Mall Address
Address 560 U. S. 1
Cit N r h P lm Zi Code
Area Code/fete hone No. 5 61 - E 41 - 3 31 8 SunCom Fax 5 61 P ft 1 -1 1 4 1
Su6grant Aoalication Package SFY2002
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1. Pro)ectTitle Drug Interdiction/Surveillance Overtime _
(Provide a 6riel descnplive title, must not exceed 36 total spaces end characters)
2. Project implementation period Start: March 1, 2002 End: September 30, 2002
(Any exception to the predetermined project period must be/ust~ed end approved !n advance by the FOLE)
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C. Fiscal Data
1. (If other than the Chief Financial Officer) Remit Warrant to
Name
Title E•Mail Address
Address
Cit Zi Code
Area Codeliele hone No. SunCom Fax
If subgrantee Is participating in the State of Florida Comptroller's Office e/ectron/c trensler oroaram,
reimbursement cannot be remitted to any other entity.
2. Vendor Number
(Federal Employer ldenbfication Number) 5 9 -6 01 7 8 4
3. State Agoncy SAMAS q ,
(Applies to State Agencies only)
D. Program Purpose Areas and Protect Budget Schedule
Local Law Enforcement Block Grants Program funds may be used for one or more of the Program Purpose Areas
below which supports drug demand reduction and eradication programs.
PROGRAM PURPOSE AREA 1
Law Enforcement Support tor:
A. Hiring, training, and employing on a continuing basis, new additional law enforcement officers and necessary
support personnel (if funds are used to hire law enforcement officers, there must be a net gain over the unit of
local government's current appropriated budget, in the number of law enforcement officers who perform non-
administralive public safety service) in order to reduce illegal drugs in Florida.
6. 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 to reduce Illegal drugs In Florida.
C. Procuring equipment, technology, and other material directly related to basic law enforcement functions) which
will assist in reducing illegal drugs in Florida.
PROGRAM PURPOSE AREA 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 dsk for inGdenls of crime so as to reduce illegal drugs in Florida.
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PROGRAM PURPOSE AREA 3
Establishing or supporting drug courts. To be eligible for funding, a drug court program must include the
following:
1. Continuing judicial supervision over offenders with substance abuse problems, but who are not violent
offenders;
2. Integrating administration of other sanctions and services, which shall include:
a. mandatory periodic testing of each participant for the use of controlled substances or other
addictive substances during any period of supervised release or probation;
b. substance abuse treatment for each participant; probation or other supervised
release involving the prosecution;
c. confinement, or incarceration because of noncompliance with program requirements or (allure
to show satisiadory progress; and
d. programmatic, offender management and aftercare services such as relapse prevention,
vocational job training, and job and housing placement.
PROGRAM PURPOSE AREA 4
Enhancing the adjudication of cases involving violent offenders, Including cases Involving violentjuvenile
offenders. For the purposes of this program, violent offender means a person charged with committing a Part I
violent crime under the Uniform Crime Reports.
PROGRAM PURPOSE AREA 5
Establishing amulti-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
and control crime in order to reduce illegal drugs statewide.
PROGRAM PURPOSE AREA 6
Establishing crime prevention programs involving cooperation between community residents and law
enforcement personnel to control, detect, or investigate crime or the prosecution of criminals as it relates to
illegal drug reduction in Florida.
PROGRAM PURPOSE AREA 7
Defraying the cost of indemnification Insurance for law enforcement officers.
INELIGIBLE USE OF FUNDS
The following items may not be purchased, leased, rented or acquired with funds provided under the Local Law
Enforcement Block Grants Program:
1. Tanks or armored vehicles
2. Fixed-wing aircraft
3. Limousines
4. Vehicles not primarily used for law enforcement
5. Yachts
6. Real Estate
7. Consultants
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Based on the Program Purpose Areas selected in Section II, D, briefly describe how the LLEBG subgranl funding will
impact upon the reduction and eradication of Illegal drugs In Florida. Additional budget details should be provided
under Section G.2, Project Budget Narrative.
(Ltmlt: One page per Program Purpose Area).
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This project will apply available funds under Proc.ram Purpose 1B to
allow the North Palm Beach Department of Public Safety to expand hours
worked by the Druc Interdiction Team and to conduct surveillance on
locations associated with drug activity. The drug interdiction team is
used to target traffic along the main routes through the jurisdiction
for possible druc violations and to gather intelli~~ence reference
areas of drug activity. The expansion of this operation will be
accomplished through the payment of overtime to existing employees.
Overtime is estimated at 340 hours at an average rate of $30.50 per
hour. Benefits include FICA and are calculated at 7.658.
Salaries over twenty six weeks, approximately $10,370.00
Benefits over twenty six weeks, approximately $ 793.30
TOTAL $11,327.30
Matching local funds for this project will be derived from general
revenue.
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F. Pro ect Bud et Schedule
PROJECT BUDGET SCHEDULE
(Type or Print Dollar Amounts In Applicable Categories and Leave Others Blank.)
Indicate the Program Purpose Areas you plan to implement by specifying the dollar amounts required to fund each
activity. Local Match must be cash and must represent no less than ten (10) percent of the project's cost. All or any
portion of funds allocated may be used to contract with private, nonprofit entities or community-based organizations
to car out the ur oses of this Pro ram.
Program Purpose Area/
Budget Category Federal Funding Local Government
Cash Match Total
PROGRAM PURPOSE AREA 1.A
Salaries and Benefits
Indirect Costs
PROGRAM PURPOSE AREA 1.B
Salaries and Benefits ~
Contractual Services
Indirect Costs
PROGRAM PURPOSE AREA 1.C
Expenses
Operating Capital Outlay
Indirect Costs
PROGRAM PURPOSE AREA 2
Salaries and Benefits
Contractual Servics
Expenses
Operating Capital Outlay
Indirect Costs
PROGRAM PURPOSE AREA 3
Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
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Program Purpose Area/
Budget Category Federal Funding Local Government
Cash Match Total
PROGRAM PURPOSE AREA 4
Salaries and Benefits
Contractual Service
Expenses
Operating Capital Outlay
Indirect Costs
PROGRAM PURPOSE AREA 5
Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
PROGRAM PURPOSE AREA 6
Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
PROGRAM PURPOSE AREA 7
Expenses
Indirect Costs
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G. Pro ect Bud et
1. Schedule Summary
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual
Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Protect Costs. Total
Local Match must be a minimum of 10 percent of the Total Project Costs.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to support
project activities. Enter dollar amounts only in applicable categories based an totals from the Budget
Narrative and leave others blank. Total Local Match must be a minimum of 10 percent of the Total
Project Costs.
Type or Print Dollar Amounts Only In Applicable Categories and Leave Others Blank.
Budget Category Federal Match Total
Salaries And Benefits $ ~ 0, 000.00 $1 , 1 63.30 $ 7 i , 7 63.30
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Totals $10,000.00
$1,163.30
$11,163.30
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2. Budget Narrative
a. Identify type of Budget, i.e., Actual, Unit Costs (supported by detailed cost basis), or Contractual
(supported by back-up documentation that provides either the actual or unit costs basis for the
contract).
b. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and
Benefis, Contractual Services, Expenses, Operating Capital Outlay, Indired Costs). The Total Project
Costs must be included.
c. Under each applicable budget category (Salaries and Benefits, Contractual Services, Expenses,
Operating Capital Outlay, Indired Costs) include a line item Budget. Describe in full each line item
within the budget category. The description should show suffident detail to demonstrate a cost
relationship to the grant's purpose.
d. Specify the sources of matching funds. [Source of match must be cash and represent no less than ten
(10) percent of the project's cost.]
e. Costs must not be allocated or induded as a cost to any other federally financed program.
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As stated in Section E. Grant Purpose and Description, the funds
under Program Purpose 1B will be used to expand hours of the Drur,
Interdiction team and to conduct surveillance on locations associated
with drub: activity to effectuate arrest and gather intelligence.
The funds will be specifically used to pay overtime and benefits (fica)
for existing employees.
Overtime is estimated at 340 hours at an average rate of $30.50 per
hour. benefits include FICA and are calculated at 7.65.
Salaries $10,370.00
Benefits $ 793.30
Total Salaries and benefits $11,163.30
Local government cash match shall be drawn from general revenues.
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H. 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 H) must be
returned as part of the completed application.
Note Condition No. 11: Only 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 Aoreement. Upon approval of this subgrant, the approved application and the conditions
outlined below will become binding. Non-compliance will result in project costs being disallowed.
Definitions.
The term "Department", unless otherwise stated, refers to the Florida Department of Law Enforcement.
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 city, 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. Financial Reports:
The recipient shall submit uarterl Pro%ect Expenditure Reports (Form LLEBGP-001) to the
Department on or before February 1, May 1, August 1, and November 1 which includes the
subgrant project expenditures during the previous quarter. (See Paragraph 15. Project
Expenditures.) A final Project Expenditure Report, Criminal Justice Contract (Financial)
Closeout Package (Form LLEBGP-003), and Final Program Report shall be submitted to the
Department within forty-five (45) days of the subgrant termination period. Such expenditure
shall be distinctly identified as'flnal.'
b. Other Reports:
The recipient shall report to the Uniform Crime Report and the Statewide Drug Intelligence
Database and other reports as may be reasonably required by the Florida Department of
Law Enforcement.
2. Lump Sum Payment and Establishment of Trust
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The Department shall award program funds to the recipient in a single, lump sum payment. The
recipient must establish an interest-bearing trust fund to deposit program funds. The term °trust
fund" is defined as an account that is specifically designated for this program. Only allowable
program expenses can be paid from this account. This fund may tLot 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 recipient's account must include the following four features:
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• a. The account may earn interest, but any earned interest must be used for program purposes.
(The trust /und does not have to ba an interest bearing fund);
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 separate account.
3. Fiscal Control and Fund Accounting Procedures
The recipient shat) establish fiscal control and fund accounting procedures that assure proper
disbursement and accounting of subgrant funds and required non-federal expenditures. All
funds spent on this project shall be disbursed according to provisions of the project budget as
approved by the Department.
All expenditures and cost accounting of funds shall conform to the Office of Justice Programs'
Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and
Local Governments, and the federal Office of Management and Budget's (OMB's) Circulars A-
21, A-t37, and A-110, in their entirety.)
All funds not spent according to this agreement shall be subject to repayment by the recipient.
4. Allowable Costs
Allowance for costs incurred under the subgrant shall be determined according to "General
Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice
Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for
State And Local Governments and federal OMB's Circular No. A-87, "Cost Principles for State
and Locat Governments", 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 OMB Circular No. A-110 and Florida Law to be eligible for funding under this
subgrant.
5. Travel
All expenses for travel out-of-state or out-of-grant-specified work area shall be based upon written
approval of the Department prior to commencement of actual travel.
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.
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Subarant Aoallcatlon Packaoe SFY2002
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F/or/da Department of Law Enforcement
• 6. Modification of Contract; Repayments
Either party may request modification of the provisions of this Agreement. Changes which are
mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Florida Department of Law Enforcement", and mailed directly to the
Department at the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308
7. 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 are not limited to:
a. Changes in project activities, designs or research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criteria:
That is, a Subgrant Recipient may transfer funds between approved budget categories as
long as the total amount of transfer does not exceed ten (10) percent of the total award
amount and the transfer is made to an already approved budget line item.
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department.
d. 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. (For example, equipment items in Operating Capital Outlay or Expense
categories or staff positions in the Salaries and Benefits category.)
Under no circumstances can transfers of funds Increase the total budgeted award.
8. 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 Block Grant funds.
9. Commencement of Project
• If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
recipient shall send a letter to the Department requesting approval of a new project starting date.
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- The letter must outline steps to initiate the project, explain reasons for delay, and speciry an
anticipated project starting date.
If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
recipient shall send another letter to the Department, again explaining reasons for delay and
requesting approval of a revised project starting date.
Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons for delay
are justified or shall, at its discretion, unilaterally terminate this agreement and deobtigate
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 /ormal written amendment to this agreement.
10. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason of
any failure in performance of this agreement according to its terms (including any failure by the
recipient to make progress in the execution of work hereunder which endangers such
performance) if such failure arises out of causes beyond the control and without the fault or
negligence of the recipient. Such causes include but are not limited to acts of God or of the
public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but
in every case the failure to perform shall be beyond the control and without the fault or
negligence of the recipient.
if failure to perform is caused by failure of a consultant to perform or make progress, and if such
failure arises out of causes beyond the control of 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 furnished by the consultant were obtainable from other sources;
b. The Department ordered the recipient in writing to procure such supplies or services from
other sources; 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 determines that any failure to perform was occasioned by one or
more said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the grant period. Only protect 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.
Subject to the above requirements, Project Generated Income may be used by the recipient for
• Program Purpose Area activities.
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• 12. 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, termination
or suspension of the agreement in whole or in part. In such event, the Department shall notify the
recipient of its decision thirty (30J 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.
13. Access To Records
The Florida Department of Law Enforcement; the U.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 Guide
(as amended), the U.S. Department of Justice's Common Rule for State and Local Government).
The Department reserves the right to unilaterally terminate this agreement if the recipient,
implementing agency or contractor refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or
received by the recipient or its contractor in conjunction with this agreement.
14. 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, Public Law 98-502. The audit shall be
performed in accordance with the federal OMB's Circular A-133 and other applicable federal
law. The contract for this agreement shall be identified with the subject audit in The Schedule
of Federal Financial Assistance. The contract shall be identified as federal funds passed-
through the Florida Department of Law Enforcement and include the contract number, CFDA
number, award amount, contract period, funds received and disbursed. When applicable, the
recipient shall submit an annual financial audit which meets the requirements of Sections
11.45 and 215.97, Florida Statutes; and, Chapters 10.550 and 10.600, Rules o/ the Florida
Auditor General.
b. A complete audit report which covers any portion of the effective dates of this agreement
must be submitted within 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 separately and management's written response to all findings,
both audit report and management letter findings. Incomplete audit reports will not be
accepted by the Department and wilt 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.
d. The recipient shall take appropriate corrective action within six (6) months of the issue date of
the audit report in instances of noncompliance with federal laws and regulations.
• e. The 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.
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• f. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308
15. Project Expenditures
All recipient expenditures shall be Identified on Form LLEBGP-001 (Pr%ect Expenditure Report),
prescribed and provided by the Department. Pro%ect Expenditure Reports shall be submitted to
the Department on a uarteri basis, as specified in Section H., Paragraph 1.a.
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.
16. 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.
17. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs'
Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and
Local Government) or the federal OMB's CircularA-110.
18. Property Accountability
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 furnished to it by the Department or purchased pursuant to this
agreement according to federal property management standards set forth in the Office of
Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule
for State and Local Government or the federal OMB Circular A-1 f0. This obligation continues as
long as the recipient retains the property, notwithstanding expiration of this agreement.
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• 19. 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 its response
to all concerned parties. The recipient shall proceed diligently with the performance of this
agreement according to the Department's decision.
If the recipient appeals the Department's decision, it shall be submitted in writing to the
Department's agency clerk within twenty-one (21) calendar days o/ receipt of notification. The
recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes,
and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida
Statutes.
20. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time,
representatives of the Department 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
performed under this agreement.
21. Publication or Printing of Reports
a. Before publication or printing, a final draft of any report required under or pertaining to this
agreement shall be sent to the Department for its review and comment.
b. Publications or printed reports covered under paragraph a. above shall include the following
statements on the cover page:
"This report was prepared for the Florida Department of Law Enforcement, in
cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The
next printed line shall identify the month and year the report was published.
ii. "This program was supported by grant # 2001-LB-BX-1770 awarded to the Florida
Department of Law Enforcement, 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 Law Enforcement, the U.S. Department of Justice, Office of
Justice Programs, or any other agency of the state or federal government".
22. 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 of
Justice Programs (OJP) (Section 809(c), Omnibus Crime Control and Safe Streets Act o/ 1968,
• as amended, 42 U.S.C. 3789d, prohibits such discrimination, as follows:
No person in any State shall on the grounds of race, color, religion, national origin, sex (or
disability]' be excluded from participation in, be denied the benefits of, be subjected to
Subarant Aop/lcation Packaoe SFY2002
Secaon //-Page 1 S
Local Law Enforcement Block Grants Program
Flor/da Department of Law Enforcement
• 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 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis o/
disability.
The recipient acknowledges, by completing and signing the attached EEO Certification Letter
(Appendices 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 of this agreement to comply with the Act or face loss of federal
funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42
U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR Section
42.207 Compliance Information.)
If any 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 forward a copy of the findings to the OJP Office for Civil Rights.
23. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
Public Law (P. L.) 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
(Title III), and telecommunications (Title I~.
24. 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 princioat ouroose
of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets
Act 011958, 42 U.S.C. 3701, et seq., as amended (Pub. L. 90.351, as amended by Pub. L. 93-83,
Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, 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) o/ fhe
Omnibus Crime Control and Sale Streets Act of 1968 as amended and comply with criteria as set
forth in 28 CFR Part 23 -Criminal Intelligence Systems Operating Policies and in the Bureau of
Justice Assistance's Formula Grant Program Guidance. Submission of this certiflcation is a
prerequisite to entering Into this agreement.
This certification is a material representation of tact 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 criteria, they must indicate when they plan
• to come into compliance. Federal law requires a subgrant funded criminal intelligence system
project to be in compliance with the Act and federal regulation prior to the award of federal funds.
The 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
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
• agreement does not constitute approval of the subgrant funded development or operation of a
criminal intelligence system.
25. 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
debarred, suspended, declared ineligible or is voluntarily excluded from participating in this
covered transaction, unless authorized by the Department.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with a public entity, and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the date of being placed on the convicted vendor
list.
26. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature.
27. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 0l P.L. 101-121 set forth in New Restrictions on
Lobbying; Interim Final Rule,"published in the February 26, 1990, Federal Register.
Each person shall file the most current edition of this Certification And Disclosure Form, if
applicable, with each submission that initiates agency consideration of such person for 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 employee of any federal agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with the awarding of any federal loan, the entering into of any renewal,
amendment, or modification of any federal contract, grant, loan or cooperative agreement.
b. If any non-federal funds have been paid or shall be paid to any person for influencing or
• attempting to influence an officer or employee of congress, or an employee of a member of
congress in connection with this federal contract, grant loan, or cooperative agreement, the
undersigned shall complete and submit the standard form, Disclosure of Lobbvina Activities,
according to its instructions.
$ubprant Aonlicat/on Package SFY 2002
Section ll-Pape 17
Local Law En/orcement Block Grants Proar
Florida Department of Law En/orcement
• c. The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all Subgrant Recipients shall certify
and disclose accordingly.
28. State Restrictions on Lobbying
In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement,
the expenditure of funds for the purpose of lobbying the state Legislature or a state
agency is prohibited under this contract.
29. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds, all
grantees and recipients receiving these federal funds, including but not limited to state and local
governments, shall clearly state:
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.
30. 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 4S
day period will lapse and revert to the Department. A subgrant funded project will not 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.
31. 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 Children and Family
Services, conduct background checks on all personnel providing direct services.
32. Eligibility for Employment in the United States
The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and
Nationally Act (INA)j. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of
the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
33. 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 Armed Forces who were separated
or retired involuntarily due to the reductions in Department of Defense.
Subgrant Anvllcat/on Package SFY2002
Seerlon ll -Page !a
Local Law Enforcement Block Grants Prog/
F/orlda Department of Law Enforcement
•
In witness whereof, the parties affirm they each have read and agree to the conditions set forth
in this agreement, have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized officers on the date, month and year set out below.
Corrections on this page, Including
Strikeovers, whiteout, etc. are not acceotahle
• --
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Type Name and Title:_ Clayton H. Wilder Communiri Program Administrator
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Type Name of Su Vi 1 e of North Palm Beach
Signature:
Type Name and TitleDavic~ B. Norris ayor
Implementing Agency
Official, Administrator or Designated Representative
Type Name of I le nting Agency: North P lm Beach De t. of Public Safet
Signature: 0-~--Q ~/t~x.J
Type Name and Title: Earl L. Johnson, Director
Date:_ /~~/3~r7~
•
Subgrant Aoallcatlon Package SFY 2002
Seetlon //-Page 19
Local Law Enforcement Block Grants Program
F/orlda Department of Law Enforcement
•
•
I. Si nature Pa e
In witness whereof, the parties affirm they each have read and agree to the conditions set forth
in this agreement, have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
'State of Florida " -
Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Type Name and Title: Ciavton H. Wilder. Community Procram Administrator
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Type Name ofSubgrantee: Vill e o North Palm Beach
Signature:
Type Name and Title: David E. Norris, Mayor
Date: (~~~~
Implementing Agency
Official, Administrator or Designated Representative
Type Nameoflmple ntingAgency: North Palm Beach De t. of Public Safety
Signature: ~l~m^J o'er ~ • g'~"'44I~
Type Name and Title: Earl L. Johnson, Director
Date:- !a'~3~0/
S~rant AnnllcaUon Packaoe~Fy~~2
Ssetlon a- Paye !0
Loca! Law Enjorcemen! Block Grants Program
Florida Department ojtaw Enjorce»rent
•
EEO Program Certification Letters
r~
u
Each unit of government (subgrant recipient) and
each criminal justice agency that is the implementing
agency of the subgrant, whether or not it is required
to have a written Equal Employment Opportunity
(EEO) Program according to .provisions of the
Federal Omnibus Crime Control and Safe Streets Act
of 1968 as amended, must enclose signed EEO
Certification Letters with subgrant applications.
To receive a copy of the 28 Code of Federal
Regulations (CFR Part 42, Subparts C, D, E, F, G
and H.), contact the Office of Criminal Justice Grants
Unit at 850/410-8700 or SUNCOM 210-8700.
LLEBG Subarant Application Packaoe EEO Certlficalan Letters Revised 7/20/01
Appendix 1 • Paga 1
Locaf Lmv Enforcement B/ock Grouts Program
Florida Deparh++en(ojLaw Eajorcea+eut
• EEO Certification Letter -Subgrant Recipient
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements --Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth
in the Suborant Aoolication Packaoe and Instructions. I understand that if the Subgrant recipient
meets these criterion, it must formulate, implement and maintain a written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the Subgrant
recipient (Initial one of the following):
_ Does meet Act Criteria and does have a current EEO Program Plan.
Does meet Act Criteria and does not have a current EEO Program Plan.
xx Does not meet Act Criteria.
I further affirm 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.
Requires signature of authorized official:
Type Name and Title: /`~,asLid B. Nor
Date: /~~3~0/
Name of Subgrantee Organization:
•
LLEBG Subvranl AOalicalion Packaoe EEO Certifialion Lepers Revised 7/20/01
Appendix I - Paga 2
Locn! Law Enjorcemen[ Block Grazers Program
Florlrla Deparrnrenr ojLaw Enjorcemenf
• EEO Certification Letter -Implementing Agency
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Implementing Agency
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set forth
in the subgrant Aoolication Packaoe and Instructions. I understand that if the Implementing Agency
meets these criterion, it must participate in the subgrant recipient's EEO Program or formulate,
implement and maintain its own written EEO Program relating to employment practices affecting
minority persons and women. I also affirm that the Implementing Agency (Initial one of the
following):
_ Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not hate a current EEO Program Plan.
xx Does not meet Act Criteria.
I further affirm that if the implementing agency meets the Act criteria and does not participate
in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law
requires it to participate in such a program or formulate, implement, and maintain its own program
within 120 days after a subgrant application Is approved or face toss of federal funds.
Requires signature of authorized official:
Type
Date: /a?~3~4~
Name of Implementing Agency. North Palm Beach Department of Public Safety
•
LLEBG Subaranl Appticalion Packaoe EEO CertifK;atbn letters Revised 7/20/01
Appendix I -Page 3