1998-058 Law Enforcement Block Grant• RESOLUTION NO. 58.98
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIItECTING
THE MAYOR AND DIRECTOR OF PUBLIC
SAFETY 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 1 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 (] 0%) cash match.
S lion The Mayor and Director of Public Safety 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.
. . lion This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 10th
(Village Seal)
ATTEST: ~~~, C~ / o~~
• VILLAGE CLERK
•
Local Larv
Block Grants
LDCA Contract A'umber:
County Name Dalm Rparh
A. Names & Addresses
1. Subgrant Recipient._ village of North Palm Beach
Name of Chief Elected Official: David s. Norris
Title: Nayor
Addres5:501 U.S. #1 North Palm Beach, Fl.
Zip Code: 33408
Area Code and Telephone Number: (561) 848 - 3475
SUNCOM Number:
Area Code and Fax Phone Number: (56 t )881 - 7469
2. Chief Financial Officer
Name of Chief Financial Officer: shanlcat xhan
Title: Finance Director
Address: 501 U.S. #1 North Palm Beach, Fl.
Zip Code: 33408
~J
Area Code and Telephone Number: (56 t) 648 - 3474
SUNCOiVI Number:
Area Code and Fax Phone Number: (56 t )88 t - 7469
3. Imp]ementingAgency._ .Department of Public Safety
(Government Agency Responsible for Project)
Name of Chief Executive Official: John s. Atwater
Title: Director of Public Safety
Address: 560 U.S. #1, North Palm Beach, Fl.
Zip Code: 33408
Area Code and Telephone Number: (56 t) 848 - 2528
SUNCOM Number:
Area Code and Fax Phone Number: (56 t) 881 - 7469
4. Project Director. (Employee of Governmental Implementing Agency)
Name of Project Director: George J. warren
Title: Captain
MailingAddressc 560 U.S. #1 North Falm Beach, Fl.
Street Address: same as Above
Zip Code: 33408
Area Code and Telephone Number: (561) s4e - 25zs
SUNCObI Number:
Area Code and Fax Phoue Number: (56t) ae1 - 7469
Subgrant Application Package S£Y 1999
Section 1/-1
Application
Local Law
• B. Administrative Data
1. Project Title (Not to exceed 36 characters, including spaces).
Expanded Bicycle Patrol - Man hours
2. Project Period.
Period i•Ionth
Da}' Year
Beginning A
Ending April of ~nnn
C. Fiscal Data
A warrant for the lump sum grant award will be sent directly to the Chief
Financial Officer identified by the recipient in Section A.2.
• 2. Vendor # (Enter Federal Employer Identification Number of Subgrantee):
59-6017984
3. SAnIAS # (Enter if you are a state agency):
D. Program Purpose Areas and Project Budget Schedule
Local Law Enforcement Block Grants
Program Purpose Areas below. In the
percent oftheproject's cost. All or
to contract with private, nonprofit ~
purposes of this Program.
1. Law Enforcement Support for:
a. Hiring, training, and employing on a continuing basis, new additional la~v
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 ~vho
perform non-administrative public safety service).
Block Grants
be cash and lnrrst represent uo Jess than te~~ (IO)
ortion of funds allocated under this title may be used
s or community-based organizations to carry out the
funds may be used for one or more of the
I--J
Subgrant Application Package
SFY 1999
Sealon 11 -1
•
u
Local Larv Enforcement Block Grants Program
Florida Department ojCommunityAjjairs
- b. Paying overtime to presently employed ]aw 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 directly related to basic law
enforcement functions.
2. Enhancing security measures in and around schools, and in and aoound any other facility
or location that the unit of local government considers a special risk for incidents of crime.
3. Establishing or supporting dntg courts. To be eligible for fitnding, 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 sen•ices such as relapse
prevention, vocational job training, and job and housing placement.
4. Enhancinetheadjudicationofcasesinvolvingviolentoffenders,includingcasesim•olving
violent ju~~enile offenders. For the purposes of this prograzn, violent offender means a
person charged with committing a Part I violent crime under the Uniform Crime Reports.
5. Establishing a multi jurisdictional task force, particularly in rural azeas, 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.
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.
7. Defraying the cost of indemnification insurance for law enforcement officers.
Subgmnr Application Packagt
SPY7999
e....r:.......,.
Section !/ - 3
Local Law
Department
Block Grants
• Ineligible lise of Funds. The following items may not be purchased, leased, rented or
acquired with fiends provided under the Local Law Enforcement Block Grants Program:
Tanks or armored vehicles Yachts
Fined-wing aircraft Real Estate
Limousines Consultants
Vehicles not primarily used for law enforcement
PROJECT BUDGET SCHEDULE
(Ttpe or Print Dollar Autoun[s in Applicable Categories and Leave Others Blnnk.)
CJ
Program PrtrposeArea/ Federal Local
Budget Category Fturding Government Total
Caslr hlatclt
l.a. Salaries and Benefits
Indirect Costs
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Contractual Services
Indirect Costs
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l.c. Expenses
Operating Capital Outla}•
Indirect Costs
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2. Salaries and Benefits
Contractual Sen•ices
Expenses
Operating Capital Outlay
Indirect Costs
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Subgrant Apptication Package SFYI999 Application
Seaton I/ - 0
•
Local Law
Department
Block Graltts
Program Purpose Area/
Budget Category Federal
Frutding Local
Government
Cash r~latch
Total
3. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
~~. ~
~ v
[
4. Salaries and Bene[its
Contractual Sen•ices
Expenses
Operating Capital Outlay
Indirect Costs
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;. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
~ ~.
r
6. Salaries and Benefits
Contractual Sen•ices
Expenses
Operating Capital Outlay
Indirect Costs
7. Expenses
Indirect Costs
Subgronr Applicorion Package S£Y 1999 APPlicarion
Sraion J/- S
r 1
U
C~
Local Laty
ent Block Grants
PROJECT BUDGET SCHEDULE SUbiIVIARY
.. ~ <;. -~
_ , (Totals For All Program Prirpose Areas)
.•
• -
,,
-
~
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- - F~
:
. ,, ,, .
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Federal Local
Budget Category Funding 'Government Total
Cash ltilatch
Salaries and Benefits Sto,ooo St,ttt Stt,ttt
Contractual Ser~•ices
Expenses
Operating Capital Outla}•
Indirect Costs
Totals St O,ooo St,ttt Stt,ttt
Subg~an~Applica~ion Paekagt
S£Y 1999
Application
Section !I - 6
Local Law
• E. Project Budget \arrative
t Block Grants
uu must aescnae line items for ench 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 of match
lust be cash and represent no less than ten (10) percent of the project's cost.]
Start below and rtse contittttation
as necessary.
This project will apply available funds under Program Purpose Area 1b
to allow the North Palm Beach Department of Public Safety to expand
bicycle patrol within our jurisdictional boundaries. This will be
accomplished through the payment of overtime to existing employees.
Overtime is estimated at 406 hours and calculated at an average rate
of $25.27 per hour. Benefits include F.I.C.A. and are calculated at
7.658.
Salaries over fifty two weeks, approximately 510,259
3enefits over fifty two weeks, approximately S 852
• >!atching local funds for this project shall be derived from general
revenues.
Subgrant Application Package SFY 1999
Application
Section /I - 7
•
Local Law
F. Acceptance and Agreement
Department
Block Grants
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.
Note Condition No.14: 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 Agreement. 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 Department of Community
Affairs.
The term "bureau", tmless otherwise stated, refers to the Bureau of Communit}~ Assistance
The term "subgrant recipient" refers to the governing body of a city or a county or an
Indian Tribe which perfom~s criminal justice functions as determined by the U.S. Secretary
of the Interior, and includes an "implementing agenc}•" 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 uarter]vProjectE.rpenctitureReports(FormLLEBGP-001)
to the bureau by February 1, May 1, August 1, and November 1 covering subgrant
project expenditures dunng the previous quarter. (See Paragraph 18. Project
Expenditures) A final Project Expenttiture Report and a Criminal Justice Contract
(Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the bureau
within forty-five (45) days of the subgrant termination period. Such claim shall be
distinctly identified as "final."
b. Other Reports:
The recipient shall submit other reports as maybe reasonably required by the bureau.
All required reports, instructions, and forms shall be distributed with the subgrant
award.
subgrant Application Package SFY7999 Application
Section J/- 8
Local Law
•
Block Grants
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 aninterest-bearing account that is specifically designated for this
program. Only allowable program expenses can be paid from this account. This fund may
not 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 reciprent's account must include the
following four features:
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 cun•ent financial management
system, there is no need to establish a separate account.
3. Fiscal Control and Fund Accounting Procedures
• The recipient shall establish fiscal control and fund accounting procedures that assure
proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of
the project budget as approved by the bureau.
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 Rtrle
for State and Local Governments, and in the federal Office of Management and Budget's
(OMB's) Circulars A-21, A-87, and A-110, in their entirety).
All funds not spent according to this agreement shall be subject to repayment by the
recipient.
4. Compliance with "Consultant's Co»tpetitive Negotiation Act"
The recipient, when applicable, agrees to satisfy all requirements provided in Section
287.O.i5, 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 Gtride (ns amended), the
U.S. Department of Justice's Common Rrtle 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.
Su6grant Application Package SFY1999 Application
Section //- 9
•
Local Larv
ent Block Grants
6. Allowable Costs
of
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' Finmicial Guide (as amended), the U.S. Department ofJustice's Common
Relle for Stare And Local Governments and federal OMB's Circular No. A-87, "Cost
Principles for State and Local Governments", or OMB's CircltfarNo. A-21, "Cost Principles
for Educational Institutions".
All procedures employed in the use of federal funds to procttre 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 Crrcttlar 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 azea 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 Sectiai 172.061, Florida Stnt:ttes.
• All bills for any travel expenses shall be submitted according to provisions in Section
112.061, Florida Srntutes.
8. Modification of Contract; Repayments
Either party may request modification of the provisions ofthis 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 onginal 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 "Department of Community Affairs", and mailed directly to
the Department at the following address:
)epartment of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
9. 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:
Subgrant App(icaNon Pac/tage SFY 7999 Application
Section //-10
•
Local Larv
Block Grants
a. Changes in project activities, designs or reseazch plans set forth in the approved
agreement;
b. Budget deviations that do not meet the following criteria:
A recipient may over-expend a budget category as long as the total amount of over-
expenditure is 10 percent or less of that approved budget category total and the over-
expenditure ismade for an approved budget line item; such over-expenditures do not allow
for increasing the quantitative number of items documented in any approved budget line
item (for example, the number ofstaffpositions or equipment items); in addition, the funds
used to cover the over-expenditure will result in a decrease of the source budget category
total and shall not exceed 10 percent of the source budget category total.
Under no circumstances can transfers of funds increase the total budgeted a~r•ard
10. 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.
il. Commencement of Project
• If a project has not begun within sixty (60) bays after acceptance of the subgrant award, the
recipient 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 award,
the recipient shall send another letter to the bureau, again explaining reasons for delay and
requesting approval of a revised project starting date.
Upon receipt of the nit:ety (90) day letter, the department shall determine 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.
12. Extension of a Contract for Contractual Services
Extension of a contract for contractual services behveen the recipient and a contractor
(which includes all project budget categories) shall be in «riting 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 contractor.
]3. Excusable Delays
• Except with respect to defaults of consultants, the recipient shall not be in default by reason
Subgrant Application Package SFY 1999 Apptication
Seetion 7I - 71
Local Law
Block Grants
• of any failure in performance ofthis 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 famished 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.
14. 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 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,
norivithstanding the date of order.
Subject to the above requirements, Project Generated Income maybe used by the recipient
for Program Purpose Area activities.
I5. 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 (30) days in advance ofthe effective date of such sanction.
The recipient shall be paid only for those services satisfactorily performed prior to the
effective date of such sanction.
•
subgrant Application PacY,age SF}']999 Application
Scctlon I/- I7
•
Local La-v
16. Access To Records
Block Grants
The Department of Community Affairs; the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance; and the Auditor General of the State ofFlorida, 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 Grride (as amended), the U.S. Department of Justice's Common Rrrle
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 Chnpter 119, Florida Sratrrres, 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 Aredit Act of 1984, P.L. 98-502. The audit shall be
performed in accordance wtth 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 Sched=rle 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 annual financial audit which
meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters
10.550 and 10.600, Rules of the Florida Auditor General.
b. A complete audit report which covers anyportion ofthe effective dates ofthis 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 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.
d. The recipient shall take appropriate corrective action within six (6) months of the issue
date ofthe audit report in instances ofnoncompliance 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.
L 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:
Srr6granr Apptieation Package SFY 1999 Application
Section !! - 73
Local Law
r1
U
)epartment of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Sadowski Building
Tallahassee, Florida 32399-2100
18. Project Expenditures
Block Grants
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 uarter v basis, as specified in Section F., Paragraph l.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.
• 19. Retention of Records
The recipient shall maintain all records and documents for a minimum ofthree (3) years from
the date ofthe final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
20. Ownership of Data and Creative Alaterial
Ownership of material, discoveries, im~entions, and results developed, produced, or
discovered subordinate to this agreement is governed by the terms of the Office of Justice
Programs' Financial Grride (as amended), the U.S. Department of Justice's Common Rifle
for Stare and Local Government) or the federal OMB's Circular A-110, Attachment N,
Paragraph Eight (8).
21. 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 standazds set forth in the Office of
Justice Programs' Financial Guide (as amended), the U.S. Deppartment of Justice's Common
R((le for State and Local Goi~ernment or the federal OMB's Circular A-110, Attachment N.
• This obligation continues as long as the recipient retains the property, notwithstanding
expiration of this agreement.
Subgranr App(icalion Package SFY 1999 Apptrcation
Sec(lon 11 - !!
•
Local Law
22. Disputes and Appeals
Block Grants
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 clerk (agency clerk) within twenty-one (21) calendar dnys of receipt of
notification. The recipient's right to appeal the department's decision is contained in Chapter
120, Floridn Stnt:rtes, 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.
23. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time,
representatives ofthe Department and/or the U.S. Department of Justice's Bureau of Justice
Assistance have the privilege of visiting the project sJte to monitor, inspect and assess work
performed 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 agreement shall be sent to tfie bureau for its review 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, in
cooperation with the U.S. Department of Justice, Bureau ofJustice Assistance."
The next printed line shall identify the month and year the report was published.
ii. "This program was supported by grant # awarded to the Department of
Community Affairs, State of Flonda, and by the Bureau ofJustice Assistance
(BJA), Office ofJustice Programs (OJP), U.S. Department ofJustice. The BJA
Js 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 ofJustice Programs, or any other agency of the state or federal
government.
•
Su6grant AppJitation Package SFY7999 Application
SecrJon J!- IS
Local La-v Ertjorcemer:t Block Grants
Florida Department of
•
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 Pr-ogranrs (OJP) (Section 809(c), Omnibus Crime Control acrd Safe
Streets Act of1968, 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 ori¢in, sex
[or disability]* be excluded from participation in, be denied the benefits of, or be
subjected to discrimination tinder, or denied employment in connection with an}'
program or activity funded in whole or in part with funds made available under this title.
*Section 504 of rite Rehabilitation Act oj1973 prohibits identical discr•inrir:atiorr orr the
basis ofdisability.
The recipient acknowledges, by completing and signing the attached EEO Certification
Letter (Appendix I), that failure to submit an acceptable Egttal Employment Opportunity
Plan approved by the Office for Civil Rights (ifrecipient is required to submit one pursuant
to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of
fiinding 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. Ifthe recipient or implementing
agency meet Act criteria but have not formulated, implemented and maintained such a
• current written EEO Program, they have 120 dntis after the date this agreement vvas made to
comply with the Act or face loss of federal fitnds subject to the sanctions in the Justice
System Improvement Act oj1979, Pub. L. 96-1 S7, 42 U.S.C. 3701, et seg. (Reference Section
803 (n) ojthe Act, 42 U.S. C. 3783 (n) and CFR Section 42.207 Con:plim:ce b formation).
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 OIP Office for Civil Rights.
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 (Title III), and telecommunications (Title IV).
27. Criminal Intelligence S}•stem
The purpose of the federal regulation published in 28 CFR Part 23 - Crinrirral Lrtelligence
Systems Operating Policies is to assure that recipients of federal funds for the principal
tp troose of operating a criminal intelligence system under the Omnibus Crime Cond•o~ and
Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as atrrerrded (Prrb. L. 90-351, ns nnrended
by Prrb. L. 93-83, Prrb. L. 93-415, Prlb. L. 94-430, Prrb. L. 94-503, Prrb. L. 9S-IIS, a»d
• Prrb.L. 96-157), use those funds in conformance with the privacy and constitutional rights
of individuals.
Su6granr Application Package SFY7999 Application
Section !/ - l6
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;nforcensent Block Grants
Department ojCommunity A/
The recipient and a criminal justice agency that is the implementin¢ agency agree to certify
that they operate a criminal intelligence system in accordance ~~~ith Sections 802(n) and
818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply
with criteria as set forth in 28 CFR Part 23 -Criminal Intelliget:ee Systems Operating
Policies and in the Bureau of Justice Assistance's Formtela Grnt:t 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 criteria, they mast indicate
when they plan to come into compliance. Federal law requires a subgrant funded criminal
intelligence system project to be to compliance with the Act and federal regulation prior ro
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 oftherecipient agreement does not constitute approval ofthe 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, Pnrt 85, Section 8.1.510, Pnrticipant'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, [m]ess authorized by the department.
A person or affiliate ~vho has been placed on the com~icted 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 perfot~rt work as a contractor, supplier,
subcontractor, or consultant under a contract ~vtth 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.
29. Pa}•ment 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.
30. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 ofPirblicLaty IDI-121 set forth in 'iVetit•
Restrirxions 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
awazd of federal contract, grant, or cooperative agreement of 5100,000 or more; or federal
loan of 5150,000 or more.
Subgranr Application Package SFY 1999 Application
Section J! - 17
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Block Grants
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 bySection 1352, Title 31, Ur:itetl
States Corle. Any person who fails to file the required certification is subject to a civil
penalty ofnot less than 510,000 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 standazd form, Disclosure of Lobbvine
Activities, according to its instructions.
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.
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 state Legislature
or a state agency is prohibited under this contract.
32. 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.
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 ]apse 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 Application Package SFY 1999 Application
Section J/- 18
Loca! Law
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ojCommuniryAJ
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 Children and
Family Services, conduct background checks on all personnel providing direct services.
35. Eligibility for Employment in the United States
The State of Floridawill 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
vtolation by the Recipient ofthe employment provisions contained in Section 274A(e) of the
INA shall be grounds for unilateral cancellation of this Agreement by the Department.
36. Employment Preference for Former i`Iembers 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 ~vho were
separated or retired involuntarily due to the reductions in the Department of Defense.
•
Subgrant Application Package SF'}']999 Application
Section !l-19
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Went Block Grants
ent ojCommunityAJ,
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.
i Corrections Including strikeovers, whiteouts, etc., on this page are not acceptable.
MUST SUBivIIT 2 ORIGINAL SIGNATURE PAGES
State of Florida
Department of Community Affairs
Bureau of Community Assistance
By:
Type Name and Title:
Date:
Sitbgrant Recipient
Authorizing Official of Govertunental Unit
Commission C airman, btayor, or Designated Representative)
By:
Type Name and Title: David B. Norris, ayor
Date: December 10 1998
FEID Number: 59-hot 7984
Implementing Agency
Official, Administrator or Designated Representative
By: ~
Type Name and Title: John S. Atwater, Director of Public Safety
Date: f~~l~ir~>~s~y l/ /~'Q~
Subgranl Application Package SFY 1999 Application
Section II -10
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Department
Block Grants
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.
Corrections fncllydir:g strikeovers, whlteotlts, etc., or: thls page are not acceptable.
MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES
State of Florida
Department of Community Affairs
Bureau of Community Assistance
By:
Type I~tame and Title:
Date:
Snbgrant Recipient
Authorizing Official of Governmental Unit
Commission Chairman, Mayor, or Designated Representative)
By:
Type Name and Title: David s. Norris, ayor
Date:~ecrmber 10. 1998
FEIDNumber: s9-eot~98a
Implementing Agency
~~ Official, Adrttinistrator or Designated Representative
Type Namae a~ Title: John S. Atwater, Director of Public Safety
Date: ,~C~C~f- ~~ ;a;~2~ // LQ9~
Subgran! Applicafion Package SFY ]999 Application
Seellon !I -10
Loca! Larv
Block Grants
Florida Departmerrf
u
EEO Program Certification Letters
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 Mr. Ted Court at
850/488-8016 or SUNCOM 278-8016.
LIEBG Subgrant App6cauon Package EEO CtrtNKation letters
pen ix age
LOCaI Law
FloriCa
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Block Grants Prr
~Commrrnlty Ajjairs
EEO Certification Letter -Subgrant Recipient
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 Subgrant Aoolication Package and Instructions. I understand that if the subgrant recipient
meets these cnteria, 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.
_ 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
Date -December 10, 1998
u
LLEBG Subgrant Application Package
EEO Certfication Letters
Name of Subgrantee Organization: __yillaae of North Pam a h
12/11/1990 10:34 0505220661 DCA/HCD/I3CA/CJIU PAGE 04
Local Law
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Block Grants
EEO Certification Letter -Implementing Agency
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO)
Program Requirements -Implementing Agency
Dear Mr. Wilder:
I, the undersigned authorized offidal, certify that according to Section 601 of the Omnibus
Crime Control and Safe Streets Act of 1988 as amended, that I have read the ACT criteria set forth
In the subgrant Application Package and Instructions. I understand that if the Implementing
Agency meets these criteria, it must partidpate 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 have a current EEO Program Plan.
Does not meet Act Criteria.
I further affirm that if the implementing agency meets the Act criteria and does not participate
in the subgrant redpient'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 loss of federal funds.
Requires signature of authorized offidai:
Type Name and Title: Jon/n/S/~A~t~water, Director of Public Safety /-
B '~ ~~~6~ L ~!~-~~~ Date,~,~~~i192L~G//, /1~~~
i
Name Of Implementing Agency: North Palm Beach Department of Public Safety
LLEBG S~bProrR AtdK.bo" Padaee EEO Certifieation Letters
Peon p0