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Exh 8EAGENDA ITEM #SE MARCH 12, 2001 City of Atlantic Beach City Commission Meeting Staff Report Agenda It0m: Law Enforcement Block Grant Application Date: March 5, 2001 ~~ Submitted by: David E. Thompson Chief of Police/DPS Background: The Florida Department of Law Enforcement administers Law Enforcement Block Grant funds through the U. S. Department of Justice. Based on the index crimes reported in Atlantic Beach, the Police Department's share of this fixnding amounts to $10,000 for 2001. The fixnding can be used on a vaziety of law enforcement functions. However, the top priority identified by the Governor's Office for 2001 is enhancements for drug and narcotics enforcement. As a result of improvements to the Information Management throughout the City, the Police Department is planning to purchase and install new software that will be compatible with the rest of the City data base management system. This softwaze will improve the record keeping for the Police Department, while enhancing the ability of the police to research existing data bases for drug .enforcement purposes. The new softwaze will allow for the sharing and the quick retrieval of information which will be helpful for drug enforcement. Budget: The required match for the grant is 10%, which will provide a grant total of approximately $11,000 to purchase and install the softwaze. However, we expect the total price of the software to exceed this figure. We aze in the process obtaining prices, and we expect the costs to run close to $15,000. The Police Department is proposing the use of Contraband/forfeiture funds to use , for matching the grant. Contraband/forfeiture money comes from forfeitures and seizures in the police department, and it does not involve the expenditure of general fund money. Recommendations: AGENDA ITEM #8E MARCH 12, 2001 To authorize the Mayor to sign the paperwork for the 2001 Law Enforcement Block Grant including, but not limited to, the application, letter of acceptance, and close-out forms Attachments: Application for Law Enforcement Block Grant Reviewed by City Manager: Number: AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department ofLaw Enforcement FDLE Contract Number: Federal CFDA Number 16.592 County Name Duval A. Names & Addresses Subgrant Recipient. Name of Chief Elected Official: Title: Address: Zip Code: Area Code and Telephone Number: SUNCOM Number: Area Code and Fax Phone Number: John Meserve Mayor 800 Seminole Road, Atlantic Beach, FI 32233 (904) 247-5800 904 247-5800 ( 904) 247-5805 2. Chief Financial Officer Name of Chief Financial Officer: Title: Address: Zip Code: Area Code and Telephone Number: SUNCOM Number: Area Code and Fax Phone Number: Nelson Van Liere Finance Director 800 Seminole Road, Atlantic Beach, FI 32233 ( 904) 247-5807 904 247-5807 ( 904) 247-5805 3. Implementing Agency. (Government Agency Responsible for Project) Name of Chief Executive Official: Title: Address: Zip Code: Area Code and Telephone Number; SUNCOM Number: Area Code and Fax Phone Number: Jim Hanson City Manager 800 Seminole Road, Atlantic Beach, Fl .32233 (904)247-5808 (904)247-5808 (904) 247-5805 4. Project. Director. (Employee of Governmental Implementing Agency) Name of Project Director: David E. Thompson Title: Chief of Police/Dir of Public Safety Mailing Address: 850 Seminole Road, Atlantic Beach, Fl Street Address: Same Zip Code: 32233 Area Code and Telephone Number: (904) 247-5864 SUNCOM Number: (904) 247-5864 Area Code and Fax Phone Number: (904) 247-5867 E-Mail Address: dthompson@ci.atlantic-beach.fl.us SabRrant Application Packake SFY2001 Revised 9/I4/00 Secdan 77- 7 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcemeat Block Grants Program Florida Department of Law Enforcement B. Administrative Data 1. Project Title (Not to exceed 36 characters, including spaces.) Police IT Upgrade 2001 2. Project Period. Period Month Day Year Beginning May L 2001 .Ending October 31 2001 C. Fiscal Data 1. 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. Unless otherwise stated. 2. Vendor # (Enter Federal Employer Identification Number of Subgrantee): Federal ID number: 59-6000267 3. SAMAS # (Enter if you are a state agency): N/A D. Program Purpose Areas and Project 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. In the Project Budget Schedule that follows. indicate the Proeram Puroose Areas Local Match must be cash and must represent no less than ten (IO) percent of the project's cost. All or any portion of funds allocated under this title may be used to contract with private, nonprofit entities or community-based organizations to carry out the purposes of this Program. PROGRAM PURPOSE AREA 1 Law Enforcement Support for: 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-administrative public safety service) in order to reduce illegal drugs in Florida. Sub~rant Application Package SFY 2007 Revised 9/74/00 Section II - 2 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement B. Paying overtime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours .worked by such personnel 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 risk for incidents of crime so as to reduce illegal drugs in Florida. PROGRAM PURPOSE AREA 3 Establishing or supporting drug courts, To be eligible for funding, a drug court program must include the following: 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 incazceration because of noncompliance with program requirements or failure to show satisfactory 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 violent juvenile offenders. For the purposes of this program, violent offender means a person chazged with comnnitting a Part I violent crime under the Uniform Crime Reports. PROGRAM PURPOSE AREA 5 Establishing a multi jurisdictional task force, particulazly 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 in order to seduce illegal drugs statewide. Subkrant Application Package SFY 2001 Revised 9/74/00 Section 77 - 3 .AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcement Block Grants Program Florida Department of Law Enforcement PROGRAM PTJRPOSE 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. PROGRAiVi 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 5. Yachts 2. Fixed-wing aircraft 6. Real Estate 3. Limousines 7. Consultants 4. Vehicles not primarily used for law enforcement Sub~rant ADOlicaBon Package SFY 2001 Revised 9/74/00 Section 77-4 AGENDA ITEM #SE MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement E. Grant Purpose and Description: Based on the Program Purpose Areas selected in Section II, D, briefly describe how the LLEBG subgrant funding will impact upon the reduction and eradication of illegal drugs in Florida. (Limit: One page per Program Purpose Area). .The purpose of this project is to provide software for the Police information technology system that will enhance the collection, reporting, storage, and integration of information to enhance nazcotic enforcement. Under Program Purpose Area LC., this is an appropriate expenditure of these funds. The current police reporting system lacks integration with other important components of the Atlantic Beach Information System. The City records including Code Enforcement, Building and Zoning, Business Licensing, and similar aze not readily accessible through the existing system, and the police records, many of which aze public records, and not available to any other department in the City. As a result, law enforcement officers are often unable to'access information on a timely basis. The Police Department has found an effective mechanism inputting drug houses out-of- business, is to consolidate the records from various departments of the City. To'that end, the sharing of information is a critical component in the successful preparation of documents for. enforcement. It is not unusual to utilize code enforcement and building officials to close down drug houses, and these actions require coordination. At the present time, such coordination is very time consuming and sporadic due to the lack of an integrated information system. The Police Department's current records management system does not integrate with the other departments. It is not compatible with the network that is utilized throughout the rest of the city. For this reason, the softwaze will require replacement with a module or system that brings the information and the people together. Subp, rant Application Package ~ SFY 2001 Revised 9/74/00 Section 77 - 5 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement F. Project Budget Schedule PROJECT BUDGET SCHEDULE (Type or Print Dollar Amoun ts in Applicable Categories and Leave Others Blank) Program Purpose Area/ Federal Local Budget Category Funding Government Total Cash Match l.a. Salaries and Benefits 0 0 0 Inndirect Costs 0 0 0 ., ,: ~. s , ~ ~. ~~ ,, _' l.b. Salaries and Benefits 0 0 0 Contractual Services 0 0 0 Indirect Costs 0 0 0 l.c. Expenses Operating Capital Outlay 10,000 5,000 15,000 Indirect Costs 0 0 0 2. Salaries and Benefits 0 0 0 Contractual Services 0 0 0 Expenses 0 0 0 Operating Capital Outlay 0 0 0 Indirect Costs 0 0 0 3. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs SubRrant Application Package SFY 2001 Revised 9/14/00 Section 77-6 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcement Block Crants Program Florida Department of Law Enforcement Program Purpose Area/ Federal Local Budget Category Funding Government Total Cash Match 4. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 5. Salaries and Benefits Contractual Services. Expenses Outlay Indirect Costs 6. Salaries and Benefits Contractual Services Operating Capital Outlay Indirect Costs 7. Expenses Indirect Costs Subgrant Application Package SFY 2001 Revised 9/14/00 SeMion I7- 7 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement G. Project Budget Narrative You must describe line' items for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost7elationships to project activities. In addition, .describe your specific sources- of matching funds: [Source of match must be cash and represent no less than ten (10) percent of the project's cast.] Start below and use continuation pages as necessary. The proposed components for funding in this project are limited to Operating Capital Outlay. subgrant Application Package SFY 2007 Revised 9/I4/00 Section II - 8 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement The software will be the primary expense in providing the integrated data base management system for police reporting. The cost of the software is expected to exceed the amount of available federal funding in this project. For that reason, any additional costs, including the installation and setup expenses, will be covered thrbugh other funding sources. Since there is an existing network, the infrastructure of the system is in place. The purpose of this project is to tie the information together to permit the viewing and sharing of information. back and forth between the various users on the network. The sharing of this information will facilitate the investigation and subsequent elimination of crack houses and similar illegal drug trade within the City. An integrated approach to dealing with these problems, requires an integrated information system to help identify, irivestigate, and shut down illegal narcotic operations. The proposed project would help to facilitate such coordination. The Police Department will utilize contraband/forfeiture funds to match the federal funds. The contrabandJforfeiture funds are located in specific accounts within the City accounting system, and there is sufficient funding to cover the required match. The Police Department will comply with all federal, state, and .local laws regarding the ' expenditure of funds. Softare Package for IT Integration Total Est Total Cost $15,000 Est Total Cost $15,000 Sub~ranr App[icatinn Package SFY200I Revised 9/I4/00 Section II - 9 AGENDA ITEM #SE MARCH 12, 2001 Local Law En forcement Block Grants Program Florida Department of Law Enforcement 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. 14: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipien'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 Florida Deparnnent 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 Project Expenditure Reports (Form LLEBGP- 001) to the Department by February 1, May 1, August 1, and November 1 covering subgrant project expenditures during the previous quarter. (See Pazagraph 18. Project Expenditures.) A final Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the Department within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final." b. Other Reports: The recipient shall report to the Uniform Crime Report and the Statewide Drug Intelligence Database and other reports as maybe reasonably required by the Florida Department of Law Enforcement. 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 aninterest-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 Sub~rant Applieadon Package SFY 2001 _ _Revised_9/74/00 _ Section 77 -10 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 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 recipient'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 current fmancial 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 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-87, and A-IIQ 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 Standazds 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 Local 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 Attachment "O" of OMB's 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 azea 'shall be based upon written approval of the Department prior to commencement of actual travel. subgrant Application Package SFY2007 Revised 9/74/00 Section 77-77 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department ofLaw Enforcement 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. 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 aze 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 notlimited to: 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: 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. Subgrant Application Package SFY2007 Revised 9/74/00 Sectlors II - ]2 AGENDA ITEM #SE MARCH 12, 2001 Local Law En forcem ent Block Grants Pror ram Florida Department of Law Enforcement d. Under no circumstances can transfers of funds increase the total budgeted awazd. 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. The letter must outline steps to initiate the prolect, explain reasons for delay, and specify an anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant awazd, the recipient shall send another letter to the 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 deobligate subgrant funds to other grojects 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. 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 embazgoes, 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, untess: a. Supplies or services to be furnished by the consultant were obtainable from other sources; Snbgranf Application Package SFY2001 Revised 9/14/00 Section II - 73 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department ofLaw Enforcement 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 projecf 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 Putpose Area activities. 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 (30) days in advance of the effective date of such sanction. The recipienYshall 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 3ustice Programs, Bureau of 3ustice 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, implemenfing 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 subgrant Application Package SFY 2001 Revised 9/14/00 Section II -14 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcement Block Grants Pro,;ram Florida Department of Law Enforcement 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, FZorida Statutes; and, Chapters 10.550 and 10.600, Rules of 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 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 (ti) 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 aze made available to the Department, or its designee, upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. f. If this agreement is closed 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 Micco§ukee Commons Tallahassee, Florida 32308. SubRrant Applicatiorc Package SFY 2001 Revised 9114/00 Section II - I S AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 15. Project Expenditures All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditure Report), prescribed and provided by the Department. Project Expenditure Reports shall be submitted to the Department on a cLuarterly basis, as specified in Section F., Pazagraph 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. 16. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) yeazs 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 Circular A-IIQ Attachment N, Paragraph Eight (8). 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 fiunished 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 Locad Government 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. 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. Subgrant Application Package SFY2007 Revised 9/74/00 Section 77 - 16 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcemeat Block Grants Program Florida Aepartment ofLaw Enforcement 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 of 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. 2I. 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. Publications or printed reports covered under pazagraph a. above shall include the following statements on the cover page: i. "This report was prepazed 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-0153 awazded 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 3ustice and Delinquency Prevention, and the Office for Victims of Crime." iii. "Points of view, opinions, and conclusions expressed in this report aze 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 3ustice 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 of 1968, as amended, 42 U.S.C. 3789d, prohibits such discrimination, as follows: Sub~rant Application Package SFY 2007 Revised 9/74/00 Section II - 77 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcemeat Block Grants Program Florida Department ofLaw Enforcement 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 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 Rehabititation Act of 1973 prohibits identical discrimination on the basis of 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 regazd to employment (Title 1), state and local government services and transportation (Title II}, public accommodations (Title III), and telecommunications (Title IV). 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 principal pumose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 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) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and Sab~rant Ayytication Package SFY2007 Revised 9/74/00 Section 77 - 18 AGENDA ITEM #8E MARCH 12, 2001 Local Law En forcemeat Block Grants Program Florida Department of Law Enforcement comply with criteria as set forth in 28 CFR Part 23 -Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification .is aprerequisite 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 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 awazd 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 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 of 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 awazd of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. subgrant Application Package SFY100I Revised 9/74/00 Section II - 19 AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 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 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. 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 45-day period will lapse and revert to the Department. A subgrant Sabgranr Application Package SFY 200] Revised 9/14/DO Section II - 20 AGENDA ITEM iiSE MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement funded project will not be closed out until the recipient has satisfied all closeout requirements in one fznal 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 tazgeting 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)]. 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 sepazated or retired involuntarily due to the reductions in the Department of Defense.. SubQrarst Application Package SFY2001 Revised 9/14/00 Section !7- 2I AGENDA ITEM #8E MARCH 12, 2001 Local Law Enforcement Block Grants Program Florida Department of Law Enforcement I. 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 year set out below. Corrections including strikeovers, whiteouts, etc., on this page are not acceptable. MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES State of Florida Florida Department of Law Enforcement Office of Criminal Justice Grants By: Type Name and Title: Date: A. Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: Type Name and Title: Date: FEID Number: B. Implementing Agency Official, Administrator or Designated Representative By: Type Name and Title:_ Date: Sabprant Application Package SFY2007 Revised 9/74/DO Section 77- 22