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:
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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
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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.
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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
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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..
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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:
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