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CITY OF ATLANTIC BEACH
CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Authorization for the Mayor to Sign Grant Acceptance Agreement
DATE: April 6, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: ~ The State Department of Community Affairs has approved a grant
in the amount of $10,000 for upgrades and improvements to the
Police Department information management system for certain
Network Enhancements. These improvements are necessary for
Y2K compliance as well as generally improving the capabilities of
the police reporting system.
The equipment approved under the grant application includes the
replacement of three (3) workstations and one (1) file server. The
workstations are not Y2K compliant, and the file server has been
~, recommended for replacement for Y2K and general technological
reasons.
The original grant application was approved by the City
Commission, but the content of the application has been altered
since that time. The original application included software
upgrades, and the modified application addresses hardware
upgrades. Both types of upgrades need to be made, but the
hardware is easier to explain and justify for grant purposes. The
rest of the information management upgrades will be addressed in
the near future.
RECOMMENDATION: We recommend that the City Commission authorize the Mayor to
sign the Certificate of Acceptance for the grant described above.
ATTACHMENT: Please see the attached grant application and certificate of
acceptance agreement
REVIEWED BY CITY MANAGER:
t ; ~ AGENDA ITEM NUMBER:
'~
DEPARTMENT
__
°~n~.
STATE OF FLORIDA
OF COMMU
RECD APR = 5 ~gg9
NITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
JEB BUSH STEVEN M. SEIBERT
Governor Secretary
~J~~
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_,
The Honorable Suzanne Shaughnessy
Mayor of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: 99-CJ-A2-04-26-02-046/Network Enhancements
Dear Mayor Shaughnessy:
The Department of Community Affairs is pleased to award a
Local Law Enforcement Block grant in the amount of $10,000 to
your unit of government. These funds shall be utilized for the
purpose of reducing crime and improving public safety.
A copy of the approved subgrant application with the above
referenced project number and title is enclosed for your file.
All correspondence with the Department should always refer to the
project number and title.
Your attention is directed to Section F of the subgrant
which is the "Acceptance and Agreement." These conditions should
be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and cost
reimbursements.
The enclosed Certification of Acceptance/Request for Payment
should be completed and returned to the Department within 30
calendar da~rs from the date of award. This certificate consti-
tutes official acceptance of the award and must be received by
the Department prior to the lump sum payment/subgrant award.
2555 SHUh1ARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www.state.fl.us/comaff/
FLOAII)A KEYS
Area of Giticat State Concem Field Office
2796 Overseas Highway, Suite 212
AL~rathon, Florida 3 3 050.2 2 2 7
GREEN SWAM1tP
Area of Critical State Concem Field Office
205 East Main Street, Suite 10-1
Bartow, Florida ]3830-16-ft
'~ ,
'\ The Honorable Suzanne Shaughnessy
Page Two
We look forward to working with you on~this project.
If we can be 'of further assistance, please contact
Robert Lakin, Planning Manager, at 850/488-8016.
Sincerely,
Clayton H. Wilder
'. Community Program Administrator
CHW/mb Bureau of Community Assistance
Enclosures
t
i ~
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE/
REQUEST FOR PAYMENT OF SUBGRANT A`VARD
The subgrantee, through its authorized representative, acknowledges receipt and acceptance
of subgrant award number 99-CJ-A2-04-26-02-046, in the amount of S 10,000, for a
project entitled:
Network Enhancements
for the period of 04/01/1999 through 10/30/1999, in accordance v~ith the Project Budget
Schedule and Project Budget Nan:ative contained in the subgrant application, and subject to
the Department of Community Affairs' Conditions of Agreement and any special conditions
governing this subgrant.
By execution of this Certification of Acceptance/Request for Payment, the subgrantee requests a
lump sum payment of the subgrant.
(Signature of Authorized Official)
(Typed Name and Title of Official)
(Date of Acceptance)
DCA-CJ Form 1 (June, 1985)
'~ ,
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Sadowski Building
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Atlantic Beach
Date of Award : p~, 3 l 1899
Grant Period: From:04/01/1999 To: 10/30/1999
Project Title: Network Enhancements
Grant Number: 99-CJ-A2-04-26-02-046
Federal Funds: $10,000.00
. BGMTF Funds:
State Agency Match:
Local Agency Match: $10,500.00
Total Project Cost: $20,500.00 ^
Program Area: 01c
The Omnibus FY 1996 Appropriations Act, (Public Law 104-134),
authorizes the Director of the Bureau of Justice Assistance (BJA)
to make funds available to units of local government under the
Local Law Enforcement Block Grants Program, or Block Grants,
for the purposes of reducing crime and improving public safety.
This award is subject to all applicable rules, regulations, and
conditions as contained in the Financial and Administrative Guide
for Grants, Guideline Manual 7100.1D, Office of Justice Programs,
Common Rule for State and Local Governments and A-87, or OMB
Circulars A-110 and A-21, in their entirety. It is also subject
to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the
purposes and authorization of P.L. 90-351, as amended, and
P.L. 100-690.
~'
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SUBGRANT AWARD CERTIFICATE (CONTINUED):
This grant shall become effective on the beginning date of the
grant period provided that within 30 days from the date of award,
a properly executed Certification of Acceptance/Request for
Payment of Subgrant Award is returned to the department.
Authori ed Official
Clayton H. Wilder
~ Community Program Administrator
Bureau of Community Assistance
3-31--~i5
Date
BCA Revised 2/17/97
' . •• Local La}v Er:forcement Block Grants Program
Florida Department of Commut:~tyAffatrs
~~
DEC 2 9 1998
DCA Contract Number: 99-CJ-A2-04-26-02-046 - • ~-
PA 1C--10,000.00 ~-~-~~ ~ -~- ~----~ --- --~
County Name DUVAL
A. Names & Addresses
1. Subgrant Recipient._City of Atlantic Beach_
Name of Chief Elected Official:
Title:
Address:
Zip Code:
Area Code ahd Telephone I~'umber:
SUNCOM Number:
Area Code and Fax Phone Number:
2. Chief Financial Officer.
f
Name of Chief Financial Officer:
Title:
Address:
Zip Code:
Area Code and Telephone Number:
SUNCOM Number:
Area Code and Fax Phone Number:
Suzanne Shaughnessy
Mayor
800 Seminole Road, Atlantic Beach, Fl
32233
( 904) 247 -5800
852-5800
( 904 ) 247 -5805
l~'elson Van Liere
Finance Director
800 Seminole Road, Atlantic Beach, Fl
32233
( 904) 247 -5800
852-5800
( 904) 247 - 5805
3. Implementing Agency._City of Atlantic Beach
(Government Agency Responsible for Project)
Name of Chief Executive Official:
Title:
Address:
Zip Code:
Area Code and Telephone I\'umber:
SUNCOM Number:
Area Code and Fax Phone I~'umber:
t '
Jim Jarboe
City Manager
800 Seminole Road, Atlantic Beach, Fl
32233
( 904) 247 -5800
552-5800
( 904 ) 247 -5805
4. Project Director. (Employee of Governmental Implementing Agency)
Name of Project Director: David E. Thompson
Title• Director of Public Safety
Mailing Address: 850 Seminole Road, Atlantic Beach, Fl
Street Address: SAME
Zip Code: 32233
Area Code and Telephone Number: (904 ) 247-5859
- SUNCOM Number: 852-5859
Area Code and Fax Phone Number: (904 ) 247-5867
Sub~rant .4pplication Package SF}' 1999 Application
Section II - I
02/24/1999 14:23 9042475899 ATl_ BCH PD PAGE 03
t
_ Local Law En forcemeat Flock Grants Program '
Florida Department ojCornntunltyAfjairs
f
B. Administrative Data
1. Project Title (Not to exceed 3b characters, including spaces).
Network Enhancement
2. Project Period.
Period Month Day Year
BegInnirig Aril 1 1.999
Ending ctober 0 1999
C. Fiscal Data
1.. A warrant for the lump sum grant award will be sent directly to the Chlef
Financial Officer identified by the recipient in Section A.2.
2. Vendor # (Enter Federa] Employer Identification Number of Subgrantee): #59-
6000267
3. SAMAS # (Enter if you are a state agency): nla
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. In the Project Budget Schedule that follows, indicate the
Program Purpose Areas you plan ~
~ ect's cosh All or any porti~f funds allocated under this title may be used
to contract witty private, nonprofit entities or community-based organizations to carry out the
purposes of this Program.
1. Law• Enforcement Support for:
a. Hiring, training, and employing on a continuing basis, new additional law
enforcement officers and necessary support personnel (if 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).
Subgraxt,ippllcationPacka~e SFY1999 Application
Stcttan II - 2
~ •~
Local Law Enforcement Block Grants Program
Florida Department of Com~nunityAffairs
b. Paying overtime to presently employed law enforcement officers and necessary
' support personnel for the purpose of increasing the number of hours worked by
such personnel.
c. Procuring equipment, technology, and other material directly related to basic law
enforcement functions.
2. Enhancing security measures in and around schools, and in and around any other facility
or location that the unit of local government considers a special risk for incidents of crime.
3. Establishing or supporting drug courts. To be eligible for funding, a drug court program
must include the following:
a. Continuing judicial supervision over offenders with substance abuse problems, but
~vho are not violent offenders;
b. Integrating administration of other sanctions and services, which shall include:
i. mandatory periodic testing of each participant for the use of controlled
substances or other addictive substances during any period of supervised
release or probation;
ii, substance abuse treatment for each participant;
r--~, iii. probation or other supervised release involving the possible prosecution,
confinement, or incarceration because of noncompliance with program
requirements~or failure to show satisfactory progress; and
iv. programmatic, offender management and aftercare ser<~ices such as relapse
prevention, vocational job training, and job and housing placement.
4. Enhancing the adjudication of cases involving violent offenders, including cases involving
violent juvenile offenders. For the purposes of this program, violent offender means a
person charged with committing a Part I violent crime under the Uniform Crime Reports.
5. Establishing a multi jurisdictional task force, particularly in rural areas, composed of la~v
enforcement officials representing units of local government. This task force will work
with Federal Ia~v enforcement officials to prevent and control crime.
6. Establishing crime prevention programs involving cooperation between community
residents and law enforcement personnel to control, detect, or investigate crime or the
prosecution of criminals.
7. Defraying the cost of indemnification insurance for law enforcement officers.
Subortrxt Applicatio~r P~tcktrge SFY 1999 Appfictrtion
Section II - 3
' Local Lafv Enforcement Btock Grants Program
Florida Departtnettt of Contmcrnity Affairs
Ineligible Use of Funds. The following items may not be purchased, leased, rented or
acquired tivith funds provided under the Local Law Enforcement Block Grants Program:
Tanks or armored vehicles Yachts
Fixed-wing aircraft Real Estate
Limousines Consultants
Vehicles not primarily used for law enforcement
PROJECT B UD GET SCHED ULE
(Type or Pritst Dollar Antorrrtts in Applicable Categories and Leave Others Blank.)
Program Purpose Area/ Federal Local
Bridget Category Frutding Gover~:ment Total
Cash Match ,
1.a. Salaries and Benefits
Indirect Costs
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Sr~bgrarrt Application Package SFY 1999 Application
Section II - 4
Local Law Enforcement Block Grants Program
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Section II - S
• ' Local Law Enforcement Block Grants Program
Florida Departnsent of Comnsu~:ity Affairs
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Brsdget Category Fisnding Government Total
Cash 111atc1:
Salaries and Benefits
Contractual Services
Expenses
$10,000 S10,500 520,500
Operating Capital Outlay
Indirect Costs
510,000 510,500 520,500
Totals
SrrbgrantApplication Package SFYI999 Application
• Section II - 6
03/16/19yy to: l7 9042475899 ATL BCH PD PAGE 05
.. t
.~
~ocal.I.aw enforcement Block Grants Program
,Florida ~Depar[ment of Community Affairs
E. Project Budget Narrative
ou must describe line items for each applicable Budget Category for which you are requesting
~bgrant funding. Provide sufficient detail to show cost relationships to project activities. In
idition, describe your specific sources of matching funds. [Source of match must be ~h
~d represent no less than ten (~0) percent of the project's cost.]
Start below and use continua#on pages as necessary.
The Atlantic Beach Police Department currently runs its reporting system on a computer
network that connects most of the workstations within the department. This allows the
v~~orkstations to share files from a central file server, while also sharing the software and
hardware necessary for department operations. The network has bean in place for several years,
and certain upgrades are necessary to keep up with various reporting regwrements and .
informational needs.
Anew incident reporting system is currently being installed on the existing system. This system
will greatly reduce data entry while enhancing the capture and retrieval of information for
patrol, investigative, and administratirepurpo~es. V~'hile reviewing various software packages,
evaluating current needs, and looking toward the future, it is apparent that upgrading our
current network would be beneficial now and in the future.
The hardware in the existing nettivork has several outdated workstations, and the file server is
obsolete far most ne~~ software. Three workstations are not Y2K compliant. For these
reasons, we are unable to accomplish some of the key functions that are necessary in a police
agency without replacing computer hardware essential for the network.
The communication and reporting functions aze basic law enforcement functions, and they
qua]ify under Section D 1 c above.
-"~""'-~ Operating Capital Outlay
1 NT Server $14,500
3 Computer idorkstations
at $2,000 ea 6,000
Grand Total for equipment $20,500
MATCHING FtTNDS: [Je will utilize contraban/forfeiture money to provide the matching
funds for this project. This funding is regulated by State Law, and it is not apart
of the normal operating funding for the Police Department. It is money that was
seized as a result of illegal criminal activities, and it may lawfully be utilized as
a source for matching funds for law enforcement grants.
NT Server will have a 3 year on site warranty (they come to us) with the direct
helpline support. The workstations are covered by a 3 year, next day warranty.
The listed prices are estimates. With the fluxuation in today's computer
(. market,, tomorrow the prices may be lower.
r
Local Law L~'n f orcem ent Block Gratrts Pror rarrr
Florida Department of Community flffairs ~~
F. Acceptance and Agreement
All persons involved in or having administrative responsibility for the subgrant must read
these "Acceptance and Agreement" conditions. This "Acceptance and Agreement"
(Section F) must be returned as part of the completed application.
Note Condition Iti'o.14: Only project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible
for funding under this subgrant.
Conditions of Agreement. Upon approval of this subgrant, the approved application and the
v will become binding. Non-compliance tivill result in project
costs being disallotit•ed.
Definitions.
The term "department", unless otherwise stated, refers to the Department of Community
Affairs.
The term "bureau",unless otherwise stated, refers to the Bureau of Community Assistance.
The term "subgrant recipient" refers to the governing body of a city or a county or an
Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary
of the Interior, and includes an "implementing agency" which is a subordinate agency of
a 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 Quarterly Project E.Ypenditrrre Reports (Form LLEBGP-001)
to the bureau by Februa , i 1, August I, and November 1 covering subgrant
project expenditures during the previous quarter. (See Paragraph 18. Project
Expenditures) A final Project E.Ypentlitru•e Report and a Criminal Jcrstice Contract
(Fitrn~rcial) Closeout Package {Form LLEBGP-003) shall be submitted to the bureau
within forty-five (45) days of the subgrant termination period. Such claim shall be
distinctly identified as "finaI."
Srrbgrant Application Package SFY 1999 Appficariar
Srctin~t 11 - 8
.a
_ Local Lafv Er: forcel~tent Block Grants Progra»t
Florida Departnrer:t of Conrnrrrnity Affairs
b. Other Reports:
The recipient shall submit other reports as may be reasonably required by the bureau.
All required reports, instructions, and forms shall be distributed with the subgrant
award.
2. Lump Sum Payment and Establishment of Trust
The department.~hall award program funds to the recipient in one, lump sum payment. The
recipient must establish an interest-bearing trust fund to deposit program funds. The term
"trust fund" is defined as an interest-bearing account that is specifically designated far this
program. Only allowable program expenses can be paid from this account. This fund may
not be utilized to pay debts incurred by other activities beyond the scope of the program.
~'Sbe 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
1 d. The recipient must be able to account for the interest earned.
If these requirements can be met within the recipient's current financial management
system, there is no need to establish a separate account.
3. Fiscal Control and Fund Accounting Procedures
The recipient shall establish fiscal control and fund accounting procedures that assure
proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of
the project budget as approved by the bureau.
All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs' Fit:arrcial Grride (as amended), the U.S. Department of Justice's Common Rrrle
.jor• State arrd Local Governments, and in the federal Office of Management and Budget's
(OA~IB's) Circulars A-21, A-87, and A-110, in their entirety).
All funds not spent according to this agreement shall be subject to repayment by the
recipient. '
4. Compliance ~ti•ith "Corrsrrltarrt's Competitive Negotiation Act"
The recipient, when applicable, agrees to satisfy all requirements provided in Section
257.055, Florida Statutes, I:nown as the "Constrltartt's Corrrpetititi•e Negotiation Act':
~'
Subgrartr Application Package SFY 1999 ~ Application
Section II - 9
~•
Local Laiv Enforcement Block Grants Pro~rarrt '
Florida Department of Community Affairs
5. Approval of Consultant Contracts
The department shall review and approve in writing all consultant contracts prior to
employment of a consultant. Approval shall be based upon the contract's compliance with
requirements found in the Office of Justice Programs' Financial Gttide (as an:e„dedj, the
U.S. Department of Justice's Common Role for State and Local Gove,•n,nents, and in
applicable state statutes. The department's approval of the recipient agreement does not
constitute approval of consultant contracts.
6. Allowable Costs
Allowance for costs incurred under the subgrant shall be determined according to "General
Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of
Justice Programs' Financial Gttide (as a»tended), the U.S. Department of Justice's Co,,,mon
Rerle fo,• State And Loca! Governments and federal OMB's Ci,•cctla,• No. A-87, "Cost
Principles for State and Local Govemments", or OMB's Ci,•cttla,• 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 Can»,on Rt,le fa• State a,rd
Local Gove,•n»,e„ts, or Attachment "O" of OMB's Ci,•cttlar• No. A-110 and Florida Law to
be eligible for funding under this subgrant.
~~ 7. Travel
All expenses for travel out-of--state orout-of-grant-specified work area shall be based upon
written approval of the department prior to commencement of actual travel.
The cost of ai[ travel shall be reimbursed according to local regulations, but not in excess
of provisions in Sectia,a !12.061, Flo,•ida Statutes.
All bills for any travel expenses shall be submitted according to provisions in Sectial
112.061, Flo,•ida Statutes.
8. 1\~Iodification of Contract; Repayments
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
subgrant Application Package SFY 1999 Apptieatiorr
Section It - !0
1 ~ J •
Local Law En forcement Block Grants Program
Florida Department of Communit}~Affairs
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
9. Written Approval of Changes in this Approved Agreement
Recipients shall obtain written approval from the department for major changes to this
agreement. Major chanJ~t~lude, but are riot limited to:
a. Changes in project activities, designs or research plans set forth in the approved
agreement;
b. Budget deviations that do trot meet the following criteria:
A recipient may over-expend a budget category as long as the total amount of over-
expenditure is 10 percent or less of that approved budget category total and the over-
expenditure is made for an approved budget line item; such over-expenditures do not allow
f'or increasing the quantitative number of items documented in any approved budget line
item (for example, the number of staff positions or equipment items); in addition, the funds
used to cover the over-expenditure will result in a decrease of the source budget category
total and shall not exceed 10 percent of the source budget category total.
(~~ Under no circumstances can transfers of funds increase the total budgeted award.
10. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject
to available federal Local Law Enforcement Block Grant funds.
11. Commencement of Project
If a project has not begun within sixh• (60) dabs after acceptance of the subgrant award, the
recipient shall send a letter to the bureau requesting approval of a new project starting date.
?he letter must outline steps to initiate the project, explain reasons for delay, and specify
an anticipated project starting date.
If a project has not begun within tritieti• (90) d~ti•s after acceptance of the subgrant award,
the recipient shall send another letter to the bureau, again explaining reasons for delay and
requesting approval of a revised project starting date.
Upon receipt of the ttitreh• (90) dqi~ letter, the department shall determine if the reasons for
delay are justified or shall, at its discretion, unilaterally terminate this agreement and
deobligate subgrant funds to other projects approved by the department. If warranted by
extenuating circumstances, the department may extend the starting date of the project
beyond the ninet-• (90) d~rt~ period, but only by .a formal written amendment to this
agreement.
~'
Srrbgrarrt Application Package SF}' 1999 Application
Section 11- !1
, f
Local Lafv Enforcement Block Grants Program
Florida Department of Conrnrr~nityAffairs
12. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the recipient and a contractor
(which includes all project budget categories) shall be in writing for a period not to exceed
sir (6) maiths and is subject to the same terms and conditions set forth in the initial
contract. Only one extension of the contract shall be acceptable, unless failure to complete
the contract is due to events beyond the control of the contractor.
13. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason
of any failure imperformance of this agreement according to its terms (including any failure
by the recipient to make progress in the execution of work hereunder which endangers such
performance) if such failure arises out of causes beyond the control and without the fault or
negligence of the recipient. Such causes include but are not limited to acts of God or of the
public enemy, acts of the government in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather, but in every case the failure to perform shall be beyond the control and without the
fau]t or negligence of the recipient.
If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of the recipient and the consultant, and
without fault or negligence of either of them, the recipient shall not be deemed in default,
~~ unless:
a. Supplies or services to be furnished by the consultant were obtainable from other
sources;
b. The department ordered the recipient in writing to procure such supplies or services
from other sources; and
c. The recipient failed to reasonably comply with such order.
Upon request of the recipient, the department shall ascertain the facts and the extent of such
failure, and if the department determines that any failure to perform vas occasioned by one
or more said causes, the delivery schedule shall be revised accordingly. '
14. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the grant period. Only project costs incurred on or
after the effective date and on or prior to the termination date of the recipient's project
are eligible for funding under this subgrant. A cost is incurred when the recipient's
employee or consultant performs required services, or when the recipient receives goods,
notwithstanding the date oForder.
Subject to the above requirements, Project Generated Income maybe used by the recipient
for Program Purpose Area activities.
lam'
subgrant Appticatiotr Package SFY 1999 Apptieatiott
Srction II - 12
• , ~ •' .
Local Lafv En force»ient Block Grants Progra»r
Florida Departn:ent of Corrrmcrnity Affairs
15. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by
the recipient, the recipient's consultants and suppliers, or both, the department shall impose
sanctions it deems appropriate including withholding payments and cancellation, termination
or suspension of the agreement in whole or in part. In such event, the department shall notify
the recipient of its decision tlrir•h~ (30) dgrs in advance of the effective date of such sanction.
The recipient shall be paid only for those services satisfactorily performed prior to the
effective date of such sanction.
16. Access To Reco~;ds
The Department of Community Affairs; the U.S. Department of Justice, Office of Justice
Programs, Bureau ofJustice Assistance; and the Auditor General of the State of Florida,•the
U.S. Comptroller General or any of their duly authorized representatives, shall have access
to books, documents, papers and records of the recipient, implementing agency and
contractors for the purpose of audit and examination according to the Office of Justice
Programs' Financial Cuirle (as amended), the U.S. Department of Justice's Comrrron 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 1 J9, Florida Statutes, and made
_ or received by the recipient or its contractor in conjunction with this agreement.
17. Audit
a. The recipient shall provide to the department one copy of an annual audit conducted in
compliance with The Si~rgle Arrdit Act of 1984, P.L. 98-502. The audit shat[ be
performed in accordance with the federal OMB's Circtrlar•A-133 and other applicable
federal law. The contract for this agreement shall be identified with the subject audit in
The Sclrederle ofFeder•al Firrarrcial Assistance. The contract shall be identified as federal
funds passed-through the Florida Department of Community Affairs and include the
contract number, CFDA number, award amount, contract period, funds received and
disbursed. When applicable, the recipient shall submit an annual financial audit which
meets the requirements of Sectior:s 11.45 and 216.349, Florida Statutes; and, Chapters
10.SS0 acrd JD.h00, Rrrles of the Florida Auditor Gerrer•al.
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. Tlie recipient shall leave all audits completed by an independent public accountant (IPA).
The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
~'
Subgrant Appticatiat Package SFY 1999 Application
Srrrio~r JJ - J3
. .' . ~~
_ Local Law~Enforcentent Block GranfsProgrant
Florida Department of Contn:crnity Affairs ~ •
d. The recipient shall take appropriate corrective action within six (6) months of the issue
date of the audit report in instances of noncompliance with federal laws and regulations.
e. The recipient shalt ensure that audit working papers are made available to the
department, or its designee, upon request for a period of five (5) years from the date the
audit report is issued, unless extended in writing by the department.
f. If this agreement is closed out without an audit, the department reserves the right to
recover any disallotived costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:
Department of Community Affairs
Office of Audit Services
255 Shumard Oak Boulevard
Sadotir•ski Building
Tallahassee, Florida 32399-2100
18. Project Expenditures
All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditca•e
Repa•t), prescribed and provided by the department. Project Expe,rditcae Repo,•ts shall be
submitted to the bureau on a quarterly basis, as specified in Section F., Paragraph l.a.
All claims for funding shall be submitted in sufficient detail for proper pre-audit and post-
audit.
Ail bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
19. Retention of Records
The recipient shall maintain all records and documents for a minimum of three (3) years from
the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
20. O~ti'nership 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' Fi„a~:cial Gcride (as a»ce„ded), the U.S. Department of Justice's Concncon Retle
fa• State and Local Government) or the federal OMB's Circulnr A-110, Attachment N,
Parag,aph Eight (8).
21. Property Accountability
Subgra~ct Application'Packnge SFY 1999 Appticatioa
Src,io~r I! - 11
• , t ; i
Local Lafv Enforcement Block Grants Pro~rant
Florida Department of Contn:ttttity Affairs
The recipient agrees to use al! non-expendable property for criminal justice purposes during
its useful life or request department disposition.
The recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property furnished to it by the department or purchased pursuant to this
agreement according to federal property management standards set forth in the Office of
Justice Programs' Financial Gtride (as amended), the U.S. Department of Justice's Common
Rtrle for State curd Locnl 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.
22. Disputes and Appeals
The department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The recipient shall proceed diligently with the
performance of this agreement according to the department's decision.
If the recipient appeals the department's decision, it shall be submitted in writing to the
department's clerk (agency clerk) within ttivenh~-one (21) calendar dc~tis of receipt of
ttotificatiat. 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 at:d 9-S. Flot•ida
Adntinistt•atiti•e Code. Failure to appeal within this time frame constitutes a waiver of
proceedings under Chapter 120, Florida Statutes.
23. Conferences and Inspection of t~'orl:
Conferences may be held at the request of any party to this agreement. At any time,
representatives ofthe Department and/or the U.S. Department of Justice's Bureau of Justice
Assistance have the privilege of visiting the project site to monitor, inspect and assess work
performed under this agreement.
24. Publication or Printing of Reports
a. Before publication or printing, a final draft of any report required under or pertaining to
this agreement shall be sent to the bureau for its review and comment.
b. Publications or printed reports covered under paragraph a. above shall include the
following statements on the cover page:
"This report was prepared for the Florida Department of Community Affairs, 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 vas published.
ii. "This program was supported by grant ~ awarded to the Department of
Community Affairs, State of Flortda, an7~lre 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,
~~
Strbgrarrt Application Package SFY 1999 Application
Srctiorr II - t S
• , f 1 y
_ Local Lain Enforcement Black Grants Program '
Florida Department of Conmurnity Affairs
~'
National Institute of Justice, Office of Juvenile Justice and Delinquency
Prevention, and the Office for Victims of Crime."
iii. "Points of view, opinions, and conclusions expressed in this report are those of
the recipient and do not necessarily represent the official position or policies of
the State of Florida Department of Community Affairs, the U.S. Department of
Justice, Office of Justice Programs, or any other agency of the state or federal
government.
2~. Equal Employment Opportunity (EEO)
All recipients are required io comply with nondiscrimination requirements contained in
various federal laws. Specifically, the statute that governs programs or activities funded by
the Office ofJtrstice Programs (OJP) (Sectiat 809(c), Onucibtrs Crime Control and Safe
Streets Act of 1968, as attret~ded, 42 U.S C. 37894, prohibits such discrimination, as follows:
No person in any State shall on the grounds of race, color, religion, national origin, sex
[or disability]* be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, or denied employment in connection with any
program or activity funded in whole or in part with funds made available under this title.
~`Sectiati 504 ofthe Relrabilitatio~c Act of 1973 prohibits identical ~liscri»titratiotr o» the
basis of disabilit~•.
The recipient acknowledges, by completing and signing the attached EEO Certification
Letter (Appendix I), that failure to submit an acceptable Equal Employment Opportunity
Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant
to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of
funding obligation authority. Submission of this certification letter is a prerequisite to
entering into this agreement. This certification is a material representation of fact upon
which reliance was placed when this agreement was made, If the recipient or implementing
agency meet Act criteria but have not formulated, implemented and maintained such a
current written EEO Program, they have 120 dgvs after the date this agreement vas made to
comply with the Act or face loss of federal funds subject to the sanctions in the Jecstice
Svsle»t Improvement Act of 1979, Pteb. 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 Compliatrce Lrfor»tatio»).
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.
26. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities
on the basis of disability and requires certain accommodations be made with regard to
1 '
Subgrant Application PacJ~age SFY 1999 Application
Section II - I6
` . ~ r s
Local Lafv Er1 forcerltent Block Grants Program `
Florida Department of Comnr iurit}~ Affairs
l~
employment (Title I), state and local government services and transportation (Title II), public
accommodations (Title III), and telecommunications (Title IV).
27. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 -Criminal Lrtelligence
S~stenrs Operating Policies is to assure that recipients of federal funds for the principal
purpose of operating a criminal intelligence system under the Orunibus Crime COtr ro u:
u - reefs Act oj1968, 42 U.S.C. 3701, et seq., as amended (Prrb. L. 90-351, as amended
bt' Ptrb. L. 93-83, Prrb. L. 93-415, Prrb. L. 94-430, Prrb. L. 94-503, Prcb. L. 9.5-115, and
f'rrb.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
8JS(c) ojtl:e Onuribus Crime Cartrol and Safe Streets Act oJ1968 as amended and comply
with criteria as set forth in 28 CFR Part 23 -Criminal Lrtelligence Svstenrs Operating
Policies and in the Bureau of Justice Assistance's Fornurla Grant Program Grridance.
Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance vas placed when
` this agreement was made. If the recipient or criminal justice agency operates a criminal
intelligence system and does Trot meet Act and federal regulation criteria, they must indicate
when They plan to come into compliance. Federal la~v requires a subgrant funded criminal
intelligence system project to be incompliance with the Act and federal regulation pr'ior' to
• the award of federal funds. The recipient is responsible for the continued adherence to the
regulation governing the operation of the system or faces the loss of federal funds. The
department's approval of the recipient agreement does not constitute approval of the subgrant
funded development or operation of a criminal intelligence system.
28. Non-Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12.149, Debarment curd Suspension (34
CFR. Part 85, Sectiar 85.510. Par•ticipatrt'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 •particrpating
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 T~vo for a period of 36 months from
the date of being placed on the convicted vendor list.
29. Payment Contingent on Appropriation
Subgra~rr Applicatiat Package SFY 1999 Application
Section Il - 17
j , `• y .
Loctrl Laiv Enforcelttent Block Grants Prorrallt •
Florida Deparltneitt of Community Affairs
The State of Florida's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the Florida Legislature.
30. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of Public Latin 101-121 set forth in "Neiv
Restrictions on Lobbi~ing: Interim Final Rule, "published in the Febnraty 26, 1990, Federal
Registet•.
Each person shall file the most current edition of this Certification And Disclosure Form,
if applicable, with each submission that initiates agen J c a , c, , r
award of federal contract, grant, or cooperative agreement of S 100,000 or more; or federal
loan of S 150,000 or more.
This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code. Any person who fails to file the required certification is subject to a civil
penalty of not less than S 10,000 and not more than S 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 Lobbying
Activities, according to its instructions.
c. The undersigned shall require that the langua?e of this certification be included in award
documents for all subgrant a~ti•ards at all tiers and that all subgrant recipients shall certify
and disclose accordingly.
31. State Restrictions on Lobbying
In addition to the provisions contained in Paragraph 30 of Section F, Acceptance and
Agreement, the expenditure of funds for the purpose of lobb}•intr the state Legislature
or a state agency is prohibited under this contract.
32. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds, all
Subgrarst Applicatiorr Pac!~age SFY 1999 Applicatiarr
Section II -18
z a ~
Loca! Lativ En forcemeat Block Grants Pro~rant `
Florida Department of Communit}.~ Affairs
(~~
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 prof ect or program.
33. Project Closeout
Project funds which have been properly obligated by the end of the subgrant funding period
will have 4S dgt~s~in which to be liquidated (expended). Any funds tot liquidated at the end
of the 4S-rlcri~ perood will lapse and revert to the department. A subgrant funded project will
not be closed out until the recipient has satisfied all closeout requirements in ate fttral
subgrant closeout package. A check for the full amount of any unexpended funds must
accompany the closeout package.
34. Background Check
It is strongly recommended that all programs targeting juveniles, implemented by other than
a sworn law enforcement officer or program licensed by the Department of Children and
Family Services, conduct background checks on all personnel providing direct services.
3~. Eligibility for Employment in the United States
The State of Florida will not intentionally award publicly-funded contracts to any contractor
~vho 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.
36. Employment Preference for Former Members of the Armed Forces
Recipients shall give suitable preference in the employment of persons as additional law
enforcement officers or support personnel to members of the Armed Forces who were
separated or retired involuntarily due to the reductions in the Department of Defense.
Srrbgrmrt Application Package SFY 1999 ~ Application
Srction II -19
1 ~ ~ ~ Local Lafv Enforcement Bloch Grants Program
Florida Department of CommuniryAjjairs '
~'
EEO Certification Letter -Subgrant Recipient
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements --Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth
in the Subgrant.Application.Package_and.lnstructions. I understand that if the subgrant recipient
meets these criteria, it must formulate, implement and maintain a written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the subgrant
recipient (Initial one of the following):
!~ Does meet Act Criteria and does have a current EEO Program Plan
. .. Does meet Act Criteria and does not have a current EEO Program Plan.
.Does not meet Act Criteria.
I further affirm that if the recipient meets the Act criteria and does not have a current written
EEO Program, federal law requires it to formulate, implement, and maintain such a program within
120 days after a subgrant application for federal assistance is approved or face loss of federal
funds.
Requires signature of authorized official:
Type Name and Title: George Foster, Human Resource Director .... .
By: /~ _ .. .._ Date: . ~ a//D/9~
Name of Subgrantee Organization: _ _. ...City of.Atlantic Beach .... _ ...
`.
~L~BG Subgrant Application Package EEO Certification
Appendix 1-Page 2
' • •- N Local Law E~:forcement Block Grants Program
Florida Department of Community Affairs '
l
EEO Certification Letter -Implementing Agency
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance,with Equal Employment Opportunity (EEO)
Program Requirements -- Implementing Agency
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set forth
in the Subgrant Application _Package .and. Instructions. I understand that if the Implementing
Agency meets these criteria, it must participate in the subgrant recipient's EEO Program or
formulate, implement and maintain its own written EEO Program relating to employment practices
affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of
the following):
/ Does meet Act Criteria and does have a current EEO Program Plan.
Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
I further affirm that if the implementing agency meets the Act criteria and does not participate
in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal
law requires it to participate in such a program or formulate, implement, and maintain its own
program within 120 days after a subgrant application is approved or face loss of federal funds.
Requires signature of authorized official:
1
Type Name and Title: David E. Thompson,..Public.Safety Director
By: Date: /y~i~`j' ~"~
Name of Implementing Agency:. ...City of Atlantic Beach Police Department .._ .
~~BG Subgrant Application Package EEO Certification
pre
Appendix I -Page 3
• ~ y -'' p
Local Law Enforcement Block Grants Programs:
Florida Department of Community Affairs
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G. Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth
in this agreement, have read and understand the agreement in its entit•ety~ and have
executed this agreement by their duly authorized officers on the date, month and year set
out below.
Corrections including strikeovers, fvliiteottts, etc., on this page are not acceptable.
MUST SUBMiT 2 ORIGINAL SIGNATURE PAGES
State of Florida
Department of Community Affairs
Bureau of Community Asststance
By:
Type Name and Title: G{layton H. Wilder, Community Program Administrator
Date: vim- 3/-`frj
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, titayor, or Designated Representati~•e)
By:
Type Name and Title: Mayor Su~4ine Shaughrf~ssy
Date: /,2- o2/-C/~
FEID Number: '
Implementing Agency
Official, Administrator or Designated Representative
By: ~~~
Type Name and Title: Jim Jarboe, City Manager
Date: / a -oZ / - 9~
Subgrant Application Package SFY 1999 Application
Sectiar II -10