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Exh 8D Agenda Item:~~ Date: x/-08.99 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF MEETING AGENDA ITEM: Grant Application Approval SUBMITTED BY: Timmy Johnson, Recreation Director DATE: November 2, 1999 BACKGROUND: Last year the City Commission approved authorization for the Mayor and City Staffto sign the appropriate grant application to create an after school program in Jordan Park. Staff implemented the program and with the development of the area, the program is really growing. The program provides Staffing (part-time during the school year and full-time during the summer and school holidays) and after school homework assistance, tutoring, mentoring, games, field trips and more. Currently, there are thirty kids on the role and we are serving an average of fifteen a day. The grant amount is $20,000 for personnel and operating expenses. A $5,000 match will come from the Police Department contraband/forfeiture money and $15,000 will be grant funded. RECOMMENDATION: Staff recommends the City Commission approve the authorization ' for the Mayor to sign the Certification of Acceptance of Subgrant Award in the amount of $15,000. ATTACHMENTS: Copy of the Grant REVIEWED BY CITY MANAGER: DEPARTMENT .~~~~. STATE OF FLORIDA OF COMMU N ITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" )EB BUSH STEVE SEIBERT Governor Secretary October 15, 1999 The Honorable Suzanne Shaughnessy Mayor of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: 00-CJ-D8-04-26-02-137/Jordan Park Community Center II Dear Mayor Shaughnessy: The Department of Community Affairs is pleased to award an Anti-Drug Abuse grant in the amount of $15,000 to your unit of government. These funds shall be utilized to implement a Drug Control and System Improvement Formula Grant Program under Purpose Area 04A, Community Crime Prevention. 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 H 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 Certificate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. 2555 SHUMARD OAK BOUIEYARD TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781lSuncom 291-0781 Internet address: http://www.state.fl.us/comaff/ FLORIDA KEYS GREEN SWAMP Area of Critical State Concern Field Office Area of Critical State Concern Field Office 279b Overseas Highway, Suite 212 205 East Main Street, Suite 104 Marathon, Florida 33050.2227 Bartow, Florida 33830-4647 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 Colleen Matthews at 850/488-8016. Sincerely, ~Du, ~.~,,,,,.~i . c,~..t..c.,2.d~ Clay on H. Wilder Community Program Administrator Bureau of Community Assistance CHW/CM/dc Enclosures 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 OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 00-CJ-D8-04-26-02-137 in the amount of $15,000, for a project entitled: Jordan Park Community Center II for the period of 10/01/1999 through 09/30/2000, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) 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: Grant Period: From: 10/01/1999 To: 09/30/2000 Project Title: Jordan Park Community Center II Grant Number: 00-CJ-D8-04-26-02-137 Federal Funds: $15,000.00 BGMTF Funds: State Agency Match: Local Agency Match: $5,000.00 Total Project Cost: $20,000.00 Program Area: 04A Award is hereby made in the amount and for the period shown above of a grant__under__Title:_L-of the.-.Omnibus-Crime -Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached standard or special conditions. 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. 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, properly executed Certificate of Acceptance of Subgrant Award is returned to the department. ~.`~ , Author zed Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Date [X]This award is subject to special and/or standard conditions (attached) . BCA Revised 7-1-79 SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byme Memorial State and Local Assistance This section to be completed by the Subgrarttee: This section to be completed by BCA: Corrtinuation of Previous Subgrarrt?~Yes O No SFY 2000 DCA Corrtract Number If Yes, enter State Project ID # of Previous Subgrarrt 00 - C J - DS - 04 - 26 - 02 - 137 99 - C J - 9M - 04 - 26 - 02 - 180 Unique 1D # 98-180 PA#: 4A CFDA #: 16.579 A. Names 8 Addresses 1. Suborant Recioi Name of Chief Elected Official Suzanne Shaughnessy ; ; ~ nq !. Title Mayor _ _ __ t Address 800 Seminole Road ~. ,-~; ° , ~ y-,,;,; ; _ City, State, Zip Code Atlantic Beach, FL 32233 --` ~ - ~'j Area Code/Phone # SUNCOM # Area Code/Fax # (904) 247-5800 852-5800 (904) 247-5805 2. Chief Financial Officer Name of Chief Financial Officer Nelson Van Liere Title Finance Director Address 800 Seminole Road ____ City, State, Zip Code Atlantic Beach, FL 32233 Area Code/Phone # (904) 247-5800 SUNCOM # 852-5800 Area Code/Fax # (904) 247-5805 3. Im lementin A enc Government A enc Re onstble far Pm'ect _ _ Name of Chief Executive Official David Thompson Title City Manager Address: 800 Seminole Road City, State, Zip Code Atlantic Beach, FL 32233 Area Code/Phone # (904) 247-5800 SUNCOM # 852-5800 Area Code/Fax # (904) 247-5805 4. Project Director and Contact Person, rf d'rfferent from Project Director fMust he Fmnlnv~isl of Gnvammantal Imnlamc~n4inn Gncnrvl Name of Project Director Timmy Johnson Title Parks 8~ Recreation Director E-Mail Address N/A Address 800 Seminole Road City, State, Zip Code Atlantic Beach, FL 32233 Area Code/Phone # (904) 247-5828 SUNCOM # 852-5800 Area Code/Fax # (904) 247-5805 Name and Title of ContaciPerson ,~ ~I ~ ~ AA ,e~,~,~,NK~Tiv~ /YrS/Sr~+Yr Address F~~O .~~'M c ~alcc' /QaEI /~{~i~,y ~,G,tlcl+~ f,t E Q ~(S 3 e 4 0% co rr7 City, State, Zip Code: Area Code/Phone # d5~ ~ ^~ ro SUNCOM # Area Code/Fax # Section «- Page 1 of 16 SFY 2000 Drug Control and System Improvement Formula Grant Program .Edgard.Byme orial State and -Local-Assistance B. Administrative Data 1 rro~eci i me {Not io exceea e4 cnaraciers, mauaing spaces/ Jordan Park Cornmur+ity Center .~ 2. For Period .Period Month Day Year Beginning October 01 1999 Ending September 30 20D0 3. Is the Subgrantee or the Implementing Agency a Member of a local Criminal Justice Advisory Council or Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a description of board responsibilities.) O Yes O No C. Fiscal Data 1. (If other than the Chief Financial Officerl Remit Warrant to' Note: tf the Subgrantee s partiapating in the State of Florida Comptroller's Office electronic transfer prosyram, reimbursement cannot be remitted to any other entity. 2. Method of Payment QMonttrty 1~tluarterly (ft is mandatory that the method selected be consistent throughout the entire grant period.} 3: Vendor # (Enter Federal Employer ldentificatiort Number of Subgrantee): 59-6flOQ267 4. SAMAS # (Enter if you are a state 5. Wtll the Project eam Project Generated Income. (PGp? O Yes _~_No... _ _ _ - (See Section H., Paragraph 13 for a definition of PGI.) 6. Will the applicant be requesting an advance of federal funds? O Yes O No (ff Yes, a fetter of request must be attached.), Subgrant App6`catron Secb`on tt -Page 2 of 76 SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byme Memorial Stale and .Local Assistance D. Program Data Refer to the SFY 9999 8CA Granfs Management Technical Assistance t4/orkshop Manual, Saction 5. Use this as a guide to assist you in completing Secfion D. Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue ebsting project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. Program Description. ~Bnefly describe how project ac5vr-6es vwll address ttte fiargeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUGTIOIVS Old ITEMS TO fidCLilDE. Start below and use contintratron pages as necessary. Problem Identification: The area around Jordan Park has been a high drug distribution point for many years. Although police operations and other efforts have had a positive effect on the neighborhood, the area remains problematic in several respects. The neighborhood is largely comprised of low income citizens, many of which are fearful of criminal activity but unwilling to take action against it. There are senior citizens as welt as young families with children living in the area. Over the years, drug activity and drug- related crime have bean common occurrences in the area. The citizens in this area typically feel alienated, and attempts to organize Neighborhood Watch and similar programs have been unsuccessful. Drug sales and drug-related crime have fluctuated according to crackdown operations by local police officers. There have been traditional and non-traditional operations that have had temporary successes, but the criminality returns once the police presence has been removed. The current intelligence from Narcotics Detectives indicates that this neighborhood has once again emerged as a drug distribution center for the city. The impact on the neighborhood includes high crime rates, safety problems for residents, and a reduced quality of life for everyone. Program Description: The City of Atlantic Beach is requesting Byme Granf funds to continue an ebsting.proyram Jordan Park Community Center). After receiving last year's grant to implement acommunity/ recreation program in Jordan Park, the City's Recreation DepartmenChired an on~site person. The Director explained the program, grant and the objectives to the on-site person before he proceeded to set up the program. -The program includes after school homework assistance, sports, Tutoring. mentoring, a go to college program cultural programs and more. The program is developing into something very much needed in the area. There are currently thirty kids on the rott and the.program averages fifteen kids a day. The hours are 2:30 to 6:00 P.M. Monday thru Friday and a full work day during the summer. The City of Atlantic Beach is. plarinirag To use Byme Giant fundir)g To continue.the community/recreation program in Jordan Park. The City already owns a building at that location that has been dedicated to the Community Devetopment Corporation (CDCT, and"the CDC is supportive of the idea and is happy to commit the use of the facility to this new project. The City of Atlantic Beach Parks and Recreation Department will organza and st°aff~the program, andthe Atlaantic Beach Police D-epartmentwiil.participate bypmviding matching funds for the grant through contraband/forfeiture funds. The program wilt include on-site selpervision for an after-schootprogram. The immediate focus wilt be on homework and tutorial assistance each afternoon, complimented by recreational activities for school and SurSgrant Appicabon Section ll -Page 3 of 16 ' SFY 2000 Drug Control and System Improvement Formula Gran! Program EdwardByme hlemoria! Sfafe and Loca/Assistance children. FuMearning activfies will be planned including life/safety skills (Fire Safety, Bicycle Safety, Drug Resistance, Crime Prevention, etc.J, athletic teams, accasionat field trips, and similar activities. Atis develops, the Center will add incentives to promote academic achievement for the children, and it will utilize community resources including Peen and senior volunfeers fo work with the kids. By the Summer of 1899, the Center will open about Monday through Friday all day. Over time, it is expected that the Center wn7t encourage members of the community to come together fflr a variety of functions. The Center will provide a central meeting place for any number of neighborhood groups who need the space for their activities. This improved communication and cohesion should have a ~sitive effect on the quality of life and the commitment of citizens to their community, while continuing to ~s young people on an anti-drug Cdestyle. Subgrant Appicaton Secban fl -Page 4 of 16 SFY 2000 Drug Coniro/ and System Improvement Formula Grant Program FdWard Byme 14~femorial State and Local Assistance E. and Pertormance Measures Start below and use continuation pages as necessary. Comj~lete unfiormprogram objecctivves and performance measures (found in -Appendix V) for the federally authorized program area you vvarrt to implement: Your appiic~on is not complete without them and arr incomple#e application wilt not be considered for subgrar~t funding. If the program area you selected does not have uru~orm program objectivespuhiished in thts document or .if you cannot relate your objectives to those stated. contact Tom Bishop at 850/488-8016 for further insiructions. DO NOT mix objectives from different Program Areas. Community or Neighborhood Recreation Center Rrograms Program Objective 4A.04.: Create, expand or enhance community, neighborhood or school-based recreation prograrns. Program Objective 4A.11.: Provide 20 children with Summer Camp activities. Program Objective 4A.15.: Provide academic tutoring to 20 students. Self Generated Objectives: To integrate and uh'C¢e parents and older siblings of children as volunteers to teach various Life sla'lls to children during the program. To initiate and provide twenty lunches per day in the summer months for low income, high risk young people. To provide an ongoing theme of drug awareness and resistance materials to discourage drug abuse. To encourage high risk young people and act as a referral sysfem to promote their partiapation in productive activities including team sports, creative arts, as well as positive hobbies and skills. Subgrant Rpp6cation Sec~on 11 -Page 6 of 16 SFY 2000 Drug Control and System Improvement Formula Grant Program ' E Byrne Memorial State and Local A nce F. Project Budget (Narrative You must describe tine items for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe specific sources of matching funds. ' Start below and use continuation pages as necessary. _._._ _ - -- - ~ ~ f .... AUG - ~ I999 ~~ _ ___ To initiate this project, the following budgetary needs have been identified toy tl~~taff•..:," salaries and Benefits: RECREATION DIRECTOR & RECREATION LEADER SALARIES AND BENEFITS. This program will be staffed approximately five hours/day or 20 hours/week during the school year by an additional person hired for this purpose. During the summer months, the staffing will be increased to 8 hours/day or 40 hours/week. Additional funding is anticipated for Christmas holidays, Spring Break, and other times. At the expected hourly rate of $8.32/hour, the total cost of the personnel from October 1999 through September 2000 is $11,00. ($1,163 hours at @ 8.32/hr = $9,678; FICA{7.65%) _ $740; Workers Comp = $582) The person will be paid hourly with no benefits. This continues the net personnel increases established during the initial year of the grant program. Expettse,s: The type of equipment that will be needed will include educational supplies far homework and tutoring, field trips, postage, tables, chairs, computer furniture (support furniture for donated computers) *telephone, *electricity and *security alarm monitoring. Recreational equipment such astable top games, footballs, baseballs, soccer balls, voltey balls, flags for flag football, etc. will be needed as well as general maintenance supplies and first aid kits. For program expense, the cast will be $8,500. * facility is shared with Dotttter Community Development Corporation. Anticipate allocating .50% of building overhead to CDB grant and 50% to Byrne Grant. Training may be necessary for staffmembers, and it is anticipated that educational opportunities to local colleges and museums may require some funding. The total for travel and training is estimated at $500. ~+~{~{ The City of Atlantic Beach matching funds will be taken from contraband forfeiture funds. All goods and services will be purchased in accordance with applicable federal, state and local purchasing laws, regulations, and guidelines. Salaries and Benefits: 11,000 Expenses: 9.000 Total: 20,000 ! • subgrant APpication SecSon ll -Page 6 of 16 SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and focal Assistance G. Project Budget Schedule The Project Budget Schedule ~Gudes soc Budget Categories (Salaries and Benefits, Contractual Services, E~enses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Type or Print Dollar Amounts Onty in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits 8,250 2,750 11,000 Contractual Services E~enses 6,750 2,25v 9,000 Operating Capital Outlay Data Processing Indirect Costs Totals $15,000 $5,000 $20,000 Section tl -Page 9 0/ 16 H. ono AI{ persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreement" conditions. This "Acceptance and Aareement" (Section Hl must be returned as part of the completed application. Note Condition No. 12: 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 reimbursement Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result in project costs being disallowed. The term "department", unless otherwise stated, refers to the Qepartment of Community Affairs. The term '~8ureau", 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). Reports a. Project Performance Reports: The recipient shall submit department Ouarteriy Project Performance Reports to the Bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Ouarferiy Project Performance Reports shall be submitted. b. Financial Reports: The recipient shall have a choice of submitting either Monthly or Ouarteriy Financial Claim Reports (DEPARTMENT OF COMMUN/TYAFFAIRS (OCA)-CJ Fora-3(A-G) Revised 09/98) to the bureau. Monthly Reimbursement Claims (1-11} are due thirty-one (31} days after the end of the reporting period. Quarterly Reimbursement Claims (1-3) are due thirty-one (31) days after the end of the reporting period. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". Before the "final" claim will be processed, the recipient must submit to the department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Duarterfv Project Generated Income Reports to the bureau by February 1, May 1, August 1, and within forty-five (45)-days after the subgranttermination date covering subgrant project generated income and expenditures during the previous quarter. (See Paragraph 14. Program Income.) c. Other Reports: The recipientshaN submit other reports as may be reasonably required by the bureau. All required reports, instructions, and farms shall be distributed with the subgrant award. 2. 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 Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in federal Office of Management and Budget's (OMB) 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. 3. 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 Guide, U.S. Department of Justice Common Rute for State and Local Governments, and in applicable state statutes. The department's approval of the recipient agreem~:- `does not constitute approval of consultant contracts. 4. Allowable Costs Allowance for costs incurred under the subgrant shall be determined accord~na to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the GFic~ ,~: justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular No. A-87, "Cost Principles for State and Local Governments", or OMB 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 Common Rule for State and Local Governments, or Attachment "O" of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 5. Travel _ All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the department prior to commencement of actual travel. The cost of a1i trove! 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 shalt be submitted according to provisions in Section 112.061, Florida Statutes. 6. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These include, but are not limited to: __ ... _ _ . a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget fine item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. d. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 7. Reimbursement Subject to Available Funds . _ .._ The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal_Anti-Drug Abuse Act funds. 8. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 215.181(14)(b), Florida Statutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rute for State and Local Governments. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for suci~ funds. This request, including the justification, shall be enclosed with the subgrant application, ~. 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 bureau indicating steps to initiate the project, reasons for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other department approved projects. The department, where warrantee by Fx~~r~+.nng circumstances, may extend the starting date of the project past the ninety (90) day perwd, e _ ~ : -,,y by forma! writfen amendment to this agreement. 10. 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 six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be 7acceptable, unless failure to complete the contract is due to events beyond the control of the contrcior. 11. 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 accord'sng to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such perfom~sance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. if failure to perform is caused by failure of a consultant to perform or make progress, and if sucft failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies ar services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services from other sources, and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly.l 12. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prier 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 reimbursement 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. 13. Program income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct _ result of the subgrant award. Program income shall be handted according to the Office of Justice Programs Financia/ Guide, U.S. Department of Justice Common Rule for State and Local Government. Reference: The Cash Management Impravement Act of 1990). 14. 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 s~~pension of the agreement in whole or in part. In such event, the department shall notify the recipient of its d~~ -n thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid on;~ fo< tr,.;se services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Department of Community Affairs; the U.S, Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Audi#or General of the State of Florida, the U.S. Comptroller General or any of their duty authorized representatives, shall have access to books, documents, papers and records of the -~ recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs Financial Guide, U.S. Department of Justice 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. 16. Audit Recipients that expend 5300,000 or more in a year in Federal awards shall have a single or program specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB CircularA-i33 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 Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shalt submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) 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 wiU 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 t.icensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the department. 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: Department of Community Affairs ' Office of Audit Services _ 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 17. Procedures for C4aim Reimbursement AI{ claims for reimbursement of recipient costs shall be submitted on the DEPARTMENT OF COMMUNITY AFFAIRS (DCA)-CJ Form 3(A-G), Revised 09!98, prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order to report current project costs. All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. 18. 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. 19. 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, U.S. Department of Justice Common Rule for State and Local Gove.~nment) or the federal OMB Circular A-110, Attachment N, Paragraph 8. 20. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful {ife or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMB CirtrularA-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 21. 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 shah distribute its response to all concerned parties. The recipient shall proceed di{igently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendardays to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rufe 28-105.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time. a representative of the bureau, of the U.S. Department of Justice Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shatl include the following statements or. e caves page: (1) 'This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert. Secretary, 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. (2) "This program was supported by grant # awarded to the Department of Community Affairs. State of Florida, and by the Bureau of Justice Assistance {BJA}, Office of Justice Programs (OJP), U.S. Depanment of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics. National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention. and the Office for Victims of Crime." (3) "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. -- 24. Equal Employment Opportunity (EEO) Nv person, on the grounds of race, creed, color or national origin shat{ be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Acf of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972: The Age Discrimination Act of 1975; and. Department of Justica Non-Discriminatfon Regulations 28 CFR Part 42, Subparts C, D, E, F, G and N. The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certificatson 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 this agreement was made 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 28 CFR Section 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Acf funds shall submit its equal employment opportunity plan, and/or the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Ad 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local govemment services and transportation (T'stle 11), public accommodations (Title III), and telecommunications (title Imo. 26. 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 princioal ouroose 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 fiunds 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©of the Omnibus Crime ` Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Crfminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and does not meet Ad and federal regulation criteria, they must indicate when they plan to come into compliance. Federal taw requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation poor 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. 27. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Omer 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. 28. 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. 29. Federal Resiriction~ on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; interim Final Rule, "published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This cert'sfication 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 ofi his or her knowledge and belief, that: a. No federatly appropriated funds have bean 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 far 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 Lobbyino 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 sha{1 certify and disclose accordingly. 30. State Restrictions on Lobbying !n addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the 'expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. 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, al! 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 ~roaram. 32. 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 ; teaith and Rehabilitative Services. conduct background checks on all personnel providing direct services. 33. Immigration and Nationality Act No public funds will intentionally be awarded 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 Nationality Act ('1NA'). 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 subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this coztrad by the Department. 34. Drug Court Projects A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the V.S. Department of Justice, Offce of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be accessed on the Office of Justice Programs Wurld Wide Web Homepage: http/M~ww.ojp.usdoj job. SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Certification of Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrantee 1, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) ... (Select one of the following): Meets Act Criteria ~ .Does not meet Act Criteria f affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. 1 understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient .. . (Select one of the following): Has a current EEO Plan ~ Does not have a current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal iaw requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name: Davin Thompson ~ Signature'of Authorized Official: Title: City Manager Date: ,June. 8, 1999 Subgrant Application Package EEO Certification -Implementing Agency Appendix I1-Page 1 os' 2 SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and LocalAssistance S' nature Pa e 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 b its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: ~l ton H. Wilder, Community Program Administrator Date: ~O - ~[ ~ - t9 Subgrant Recipient Authoring Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: Type Name and T'rtle: Suzanne Shaughnessy. Mayor Date: 9 ~u~ ~~~~ FEID Number: 59-6000267 Implementing Agency Official, Administrator oc Designated Representative By: ~ Type Name and Title -David Thom son. C' Hager Date: 9 S 19q~ Subgrant Appbcafion section i! -Page 17 of >6