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HomeMy WebLinkAboutResolution_18-99/00_12/09/1999• RESOLUTION NO. 18-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A POLICE DEPARTMENT LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN THE AMOUNT OF $1,956, AND AUTHORIZING THE MAYOR TO EXECUTE THE APPLICABLE APPLICATION ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Local Law Application, attached hereto incorporated by reference as a pa hereby approved and the Mayor of is authorized to execute the same of Tequesta. THE FOREGOING RESOLUTION WAS S..~haner who motion was seconded Walker an the vote was as follows: FOR ADOPTION Basil E. Dalack Joseph N. Capretta Carl C. Hansen Elizabeth A. Schauer Enforcement Block Grant as Exhibit "A" and rt of this Resolution, is the Village of Tequesta on behalf of the Village OFFERED by Councilmember moved its adoption. The by Councilmember d upon being put to vote, AGAINST ADOPTION • • The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of December, A.D., 1999. MAYOR OF TEQUESTA ~~~G~ ~~ ~~ Carl C. Hansen • ATTEST: ~~ oann Mangani to Village Clerk Word\MyDocuments\Resolutions\18-99-00 • Local Law Enforcement Block Grants Program _ Florida Department of Community Affairs DCA Contract Number: Federal CFDA Number 16.592 County Name Palm Beach A. Names & Addresses 1. Subgrant Recipient. Village of Tequesta Name of Chief Elected Official: Carl Hansen Title: Mayor Address: 250 Tequesta Drive, Suite 300, Tequesta, Florida Zip Code: 33469 Area Code and Telephone Number: (561) 575 - 6200 SUNCOM Number: Area Code and Fax Phone Number: (561)575 - 6203 2. Chief Financial Officer. Name of Chief Financial Officer: Connie Holloman Title: Finance Director Address: 250 Tequesta Drive, Suite 300, Tequesta, Florida Zip Code: 33469 Area Code and Telephone Number: (561.) 575 - 6205 SUNCOM Number: • Area Code and Faz Phone Number: (561) 575 - 6203 3. Implementing Agency. Tequesta Police Department (Government Agency Responsible for Project) Name of Chief Executive Official: Stephen Allison Title: Police Chief Address: 357 Tequesta Drive, Tequesta, Florida Zip Code: 33469 Area Code and Telephone Number: (561) 575 - 6210 SUNCOM Number: Area Code and Fax Phone Number: (561) 575 - 6218 4. Project Director. (Employee of Governmental Implementing Agency) Name of Project Director: Robert L. Garlo Title: Assistant Police Chief Mailing Address: 357 Tequesta Drive, Tequesta, Florida Street Address: Same Zip Code: 33469 Area Code and Telephone Number: (561) 575 - 62.11 SUNCOM Number: Area Code and Faz Phone Number: (561)575 - 6218 E-Mail Address: RGarlo@aol.com • SubgrantApplication Package SFY2000 Revised 9/li'99 Section II - I Local Law Enforcement Block Grants Program Florida Department of Community Affairs • B. Administrative Data 1. Project Title (Not to ezceed 36 characters, including spaces). Records Management. 2. Project Period. Period Month Day Year Beginning March Ol 2000 Ending August 31 2000 C. Fiscal Data 1. A warrant for the lump sum grant award will be sent directly to the Chief .Financial Officer identified by the recipient in Section A.2. Unless otherwise stated. 2. Vendor # 59-6044081 • 3. SAMAS # N/A D. Program Purpose Areas and Project Budget Schedule fund each activitX. Local Match must be cash and must represent no less than ten (10) percent of the project's cosx All or any portion of funds allocated under this title may be used to contract with private, nonprofit entities or community-based organizations to carry out the purposes of this Program. 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 enforcemen officers who perform non-administrative public safety service). Subgmat Application Package SFY2000 Revised 9/Irl9 Section II - 2 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 Local Law En orcement Block Grants Program Florida Department of Community Affairs • 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. Enhancng security measures in and around schools, and in and azound 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 who aze not violent offenders; b. Integrating administration of other sanctions and services, which shall include: I. mandatory periodic testing of each participant for the use of controlled substances or other addictive substances during any period of supervised release or probation; ii. substance abuse treatment for each participant; iii. probation or other supervised release involving the possible prosecution, confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress; and iv. programmatic, offender management and aftercaze services 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 chazged with committing a Part I violent crime under the Uniform Crime Reports. 5. Establishing a multi jurisdictional task force, particularly in viral areas, composed of law enforcement officials representing units of local government. This task force will work with Federal law enforcement officials to prevent and control crime. 6. Establishing crime prevention programs involving cooperation between community residents and law enforcement personnel to control, detect, or investigate crime or the prosecution of criminals. 7. Defraying the cost of indemnification insurance for law enforcement officers. • SubgrantApplication Package SFY2000 Revised 9/I/*l9 Section II - 3 _ Local Law Enforcement Block Grants Program Florida Department of Community Affairs • Ineligible Use of Funds. The following items may not be purchased, leased, rented or acquired with funds provided under the Local Law Enforcement Block Grants Program: Tanks or armored vehicles Yachts Fixed-wing aircraft Real Estate Limousines Consultants Vehicles not primarily used for law enforcement PROJECT BUDGET SCHEDULE (Type or Print Dollar Amounts in Applicable Categories and Leave Others Blan1~) Program Purpose Area/ Federal Local Budget Category Funding Government Total Cash Match l.a. Salaries and Benefits 1,956 217 2173 Indirect Costs l.b. Salaries and Benefits Contractual Services Indirect Costs l.c. Ezpenses Operating Capital Outlay Indirect Costs 2. Salaries and Benefits Contractual Services Ezpenses Operating Capital Outlay Indirect Costs Program Purpose Areal Federal Local Budget Category Funding Government Total Cash Match • SubgrantAppiication Package SFY2000 Revised 9/IN9 Section II - 4 Local Law Enforcement Block Grants Program Florida Department of Community Affairs i 3. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 4. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 5. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 6. Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 7. Expenses Indirect Costs Subgrant Application Package SFY 2000 Revised 9/1/99 Section II - S Local Law Enforcemetat Block Grants Program Florida Department of Community Affairs • • PROJECT BUDGET SCHEDULE SUMMARY (Totals For Al! Program Purpose Areas) . Budget Category Federal Funding Local Government Cash Match Total Salaries and Benefits 1,956 217 2,173 Contractual .Services Ezpenses Operating Capital Outlay. Indirect .Costs Totals 1,956 217 2,173 • Subgrant Application Package SF Y2000 Revised 9/I/99 Section II - 6 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • E. Project Budget Narrative ou must describe line items for each applicable Budget Category for which you are requesting ibgrant 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 cash rid represent no less than ten (10) percent of the project's cost.] Start below and use continuation pages as necessary. This project will apply available funds under Program Purpose Area l.a. to improve the police department's records management system. Funds are budgeted to cover the cost of a part-time records clerk. Responsibilities of the position will include the dissemination and filing of police reports. All services acquired under this grant will be used solely for this project. Salaries and Benefits: $2,173 Part-time employee salary at rate of $11.00 per hour. Total Budget: $2,173 Local government cash match for this project-will be drawn from general revenue. Subgrant Application Package SFY2000 Revised 9/1/'99 Section II - 7 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • 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 No. 14: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for funding under this subgrant. , Conditions of Agreement. Upon approval of fihis subgrant, the approved application and-'tike conditions outlined below will become binding. Non-compliance will result in project costs being disallowed. Definitions. The term "Department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", 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 nucipienrt shall submit uarterl Project Expenditure Reports (Form LLEBGP-001) to the Bureau by February 1, May 1, August 1, and November 1 covering subgrant project expenditures during the previous quarter. (See Paragraph 18. Project • subgrant Application Package SFY20o0 Revised 9/Ipl9 Section II - 8 Local Law En orcement Block Grants Program Florida Department of Community Affairs • Expenditures) A final Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the Bureau within forty=five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final." b. Other Reports: The recipient shall submit other reports as 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 shall award program funds to the recipient in one, lump sum payment. The recipient must establish aninterest-bearing trust fund to deposit program funds. The term "trust fund" is defined as aninterest-bearing account that is specifically designated for this program. Only allowable program expenses can be paid from this account. This fund may not be utilized to pay debts incurred by other activities beyond the scope of the program. To be incompliance with the trust fund requirement, a recipient's account must include the following four features: a. The account must earn interest; • b. The recipient must be able to account for the federal award amount; c. The recipient must be able to account for the local match amount; and d. The recipient must be able to account for the interest earned. If these requirements can be met within the recipient's current 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 fiords spent on this project shall be disbursed according to provisions of the project budget as approved by the Bureau. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and Local Governments, and in the federal Office of Management and Budget's (OMB's) Circulars A-21, A-87, and A-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment by the recipient. 4. Compliance with "Consultant's Competitive Negotiation Act" • Subgrant Application Package SFY2000 Revised 9/I/-9 Section II - 9 Local Law Enforcement Block Grants Program Florida Department ojCommunity Affairs • The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, known as the "Consultant's Competitive Negotiation Act". 5. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the recipient agreement does not constitute approval of consultant contracts. 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 -Guide (as amended), the U. S. Department of Justice's Common Rule for State And-Local Governments and federal OMB's Circular 1Vo. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice's Common-,Rule for State and • Local Governments; or Attachment "O" of OMB's Circular No. A-110. and Florida Law to be eligible for funding under this subgrant. 7. Travel All expenses for travel 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 all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 8. Modification of Contract; Repayments Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement aze to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: subgrant Application Package SFY2000 Revised 9/1'99 Section II -1 D Local Law En orcement Block Grants Program Florida Department of Community Affairs • Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9. Written Approval of Changes in this Approved Agreement Recipients shall obtain wri ten approval from the Department for major changes to this agreement. Major changes include, but are not limited to: a. Changes in project activities, designs or reseazch plans set forth in the approved agreement; b. Budget deviations that do not meet the following criteria: • That is, a Subgrant Recipient may transfer funds between -approved budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total awazd amount and the transfer is made to an akeady approved budget line item c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. 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 staffpositions in the Salaries and Benefits category.) 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 sixty (60) days after acceptance of the subgrant awazd, the recipient shall send a letter to the Bureau requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an • Subgrant Application Package SFY2000 Revised 9/1/19 Section II - ll Local Law En orcement Block Grants Program Florida Department of Community Affairs • anticipated project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the Bureau, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons for delay are justified or shall, at its discretion, unilaterally terminate this agreement and deobligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only by a formal written amendment to this agreement. 12. Extension of a Contract for Contractual Services Extension of a contract for contractual services 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 acceptable, unless faihare to complete the contract ~ due to events beyond the control of the contractor. 13. Excusable Delays. • Except with respect to defaults of consuhants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such faihxre arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the recipient and the consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be 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 • Subgrant Application Package SFY2000 Revised 9/199 Sec[ion II -12 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10. SSO and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than seven (7) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the recipient. c. The recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. • lepartment of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 18. Project Expenditures All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditure Report), prescribed and provided by the Department. Project Expenditure Reports shall be submitted to the 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. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. • e. The recipient shall ensure that audit working papers are made available to he Department, or its designee, upon request'for a period of five (5) years from the date the: audit report is issued, unless extended in writing by the Department. f. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. g. The completed audit reports should be sent to the following address: Subgront Appdicatron Package SFY2000 Revised 9/I/~99 Section II -14 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • 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. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and Local Government) or the federal OMB's Circular A-110, Attachment N, Paragraph Eight (8). 21. Property Accountability The recipient .agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common • ~ '' ~ Rule for State and Local 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 twenty-one (21) calendar days of receipt of notification. The recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department and/or the U. S. Department of Justice's Bureau of Justice Assistance have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. • Subgrant Application Package SFY2000 Revised 9/1/'99 Section II -1 S Local Law Enforcement Block Grants Program Florida Department of Community Affairs • 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: i. "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 was published. ii. 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. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile 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. 25. Equal Employment Opportunity (EEO) All recipients are required to comply with nondiscrimination requirements contained in various federal laws. Specifically, the statute that governs programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789d, prohibits such discrimination, as follows: 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 discrinninationuncter, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. *Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis of disability. 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 Subgrant Applieation Package SFY2000 Revised 9/1/-9 Section II -16 _ Local Law Enforcement Block Grants Program Florida Department of Community Affairs 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 CFR Section 42.207 Compliance Information). If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. 26. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Ti#le III), and telecommunications (Title IV). • 27. 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 rinci 1 p.~rpose 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. 93-41 S,` P`ub. L. 94-430, Pub. L. 94-503, Pub. L. 95-1I S, and Pub.L. 96-IS7), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 -Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the 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 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 Subgmnt Applieation Package SFY2000 Revised 9/1/'99 Section 17 -1 ~ Local Law Enforcement Block Grants Program Florida Department of Community Affairs • who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. A person or affiliate who has been placed. on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 29. 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. 30. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "1Vew 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 certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, • Subgiant Application Pacltage SFY2000 Revised 9/1/99 Section II -18 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • the undersigned shall com lete and submit the standard fo Disclosur of Lobb ' p rm, a yulg A ti ' ies, according to its instructions. c. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant Recipients shall certify and disclose accordingly. 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section F, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 32. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: a. The percentage of the total cost of the program or project that shall be financed with federal funds;: and • b. The dollar amount of federal funds to be expended on the project or program. 33. Project Closeout Project funds which have been properly obligated by the end of the. subgrant funding period will have 45 days in which to be liquidated (expended). Any funds »ot liquidated at the end of the 45-day period 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 one final subgrant closeout package. A check for the full amount of any unexpended funds must accompany the closeout package. 34. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 35. Eligibility for Employment in the United States The State of Florida w~71 not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationally Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such • subgrant Application Package SFY2000 Revised 9/I/99 Section II -19 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • violation b the Reci ient of the a to ent rovisions contained in Section 274A(e) of the 1NA shall be grounds for unilateralcan ellat on 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. • • Sabgn:nt Application Package SFY2000 Revised 9/l/99 Sec7ion II - 20 • MEMORANDUM TO: Thomas G. Bradford, Village Manager FROM: Stephen J. Allison, Chief of Police ~~ SUBJECT: Council Agenda Item -Grant Application DATE: 12/02/99 The police department requests Council authorization for the Mapor to sign a Local Law Enforcement Block Grant application. The application package must be postmarked no later than December 10, 1999, so I will need the original signed after the meeting. n LJ Local Law Enforcement Block Grants Program Florida Department of Community Affairs • EEO Certification Letter -Sub rant Reci ient 9 p 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 Packaae and Instructions. I understand that if the subgrant recipienf meets these criteria, it must formulate, implement and maintain a written EEO Program relating to r ,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: Carl Hansen, Mayor • - ~ • • ~ • - • •I~ame of Subgrantee Organization: village of L~ Date: November 15, 1999 Tequesta LLEBG Subgrant Application Package EEO Certifiption Letters Revised 9/1/99 ppen ix - age Local Law Enforcement Block Grants Program Florida Department of Community Affairs :; G. Signature Page In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, etG, on this page are not acceptable. MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES State of Florida Department of Community Affairs Bureau of Community Assistance :.;~:: By: Type Name and Title -- Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By:. Type Name and Date: November 15 1999 FEID Number: 5~ 6044081 Implementing Agency Official, Administrator or Designated Representative • Type Name and Title: Robert L Garlo sistant Police Chief Date::`:ovember 15 1999 Subgrant Application Package SFY2000 Revised 9/1/99 Sectioa II - 21 Local Law Enforcement Block Grants Program Florida Department of Community Affairs • G. Signature Page In witness whereof; the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and yeaz set out below. Corrections including strikeovers, whiteouts, etG, on this page are not acceptable. MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES State of Florida Department of Community Affairs Bureau of Community Assistance ~. _.. By: :Type Name. and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: Type Name and Title: Carl Hansen. Mavor Date: November 15, 1999 FEID Number: 59-6044081 Implementing Agency Official, Administrator or Designated Representative By: ~~~ ~ ~~%.~ Type Name and Title: Robert L Garlo, Assistant Police Chief Date: November 15,1999 Subgrant Application Package SFY2000 Revised 9/1/99 Section 77- 2l