HomeMy WebLinkAboutReso 2001-333
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RESOLUTION NO. 2001-1.2.2
A RESOLUTION OF THE CITY COMl\ifISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO RECEIVE AND EXPEND MONIES
FROM THE FLORIDA DEPARTMENT OF LA \V
ENFORCEMENT LOCAL LA \V ENFORCEMENT BLOCK
GRANT PROGRAM IN THE AMOUNT OF $11,337.55
REPRESENTING A 90% ($10,000.00) GRANT AWARD AND
10% ($ 1337.55) IN CITY MATCHING FUNDS; FURTHER
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY; TO PROVIDE MATCHING FUNDS AS MAY
BE REQUIRED; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 1, 2001, Mayor Samson was advised that the Florida Department of
Law Enforcement was pleased to award the local law enforcement block grant in the amount of
$11,337.55, representing a 90% ($10,000.00) grant award and 10% ($ 1,337.55) in city matching
funds; pursuant to said department's Subgrant Award Certificate, grant award No. 01-CJ-2E-11-23-
02-091 for the "Operation Beach Sweep".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Authorization to Receive and Expend Grant Money. The Chief of Police
and/or the City Manager is hereby authorized to receive and expend this $11,337.55 Block Grant
from the Florida Department of Law Enforcement for the purchase of seven (7) Interactive RIM950
pagers and "stinger" (FCICINCIC) software along with monthly airtime charges for the grant period.
Section 2.
Effective Date. This Resolution shall be me effective upon adoption.
PASSED AND ADOPTED this I ih day of May 20 I.
A TrEST:
re~,~~uO\
Richard Brown-Morilla, City Clerk
~. .'.j'
.6... " _ ~,~t...; '-.-,
Block Grant Expenditure Res.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote:
Mayor Samson
Vice Mayor Kauffinan
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Block Grant Expenditure Res.
../ (Yes)
V(Yes)
-L(Yes)
_(Yes)
-L(Yes)
Moved by:
Seconded by:
v ice, rf)~8r ~
~Mi:<,.c:;;,(:M e A""" ~ e.s Ca. So
_(No)
_(No)
_(No)
_(No)
_(No)
L (A bserrt)
2
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
CERTIFICATION OF ACCEPTANCEI
REQUEST FOR PAYMENT OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and acceptance
of sub grant award number 01-CJ-2E-ll.23-02-091, in the amount of $10,000, for a
project entitled:
Operation Beach Sweep
for the period of 05/01/2001 through 10/31/2001 , in accordance with the Project Budget
Schedule and Project Budget Narrative contained in the subgrant application, and subject to
the Florida Department of Law Enforcement Conditions of Agreement and any special conditions
governing this sub grant.
By execution of this Certification of Acceptance/Request for Payment, the subgrantee requests a
lump sum payment of the subgrant.
(D~C~~~:: '
DAVID SAMSON, MAYOR
(Typed Name and Title of Official)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
SUBGRANT AWARD CERTIFICATE
Sub grantee: City of Sunny Isles Beach
Date of Award: April 26, 2001
Grant Period: From:
05/01/2001
To: 10/31/2001
Project Title:
Operation Beach Sweep
Grant Number:
01-CJ-2E-11-23-02-091
Federal Funds:
$10,000.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $1,337.55
Total Project Cost: $11,337.55
Program Area: O1c
The Omnibus FY 1996 Appropriations Act, (Public Law 104-134), authorizes the Director
of the Bureau of Justice Assistance (BJA) to make funds available to units of local government
under the Local Law Enforcement Block Grants Program, or Block Grants, for the purposes
of reducing crime and improving public safety.
This award is subject to all applicable rules, regulations, and conditions as contained in the
Financial and Administrative Guide for Grants, Guideline Manual 7100 lD, Office of Justice
Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-I 10
and A-2l, 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 ofP.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, a properly executed Certification of AcceptancelRequest for
Payment of Sub grant Award is returned to the department.
QQ~ 14. (A~
Authoriz OffiCial
Clayton H. Wilder
Community Program Administrator
'-f... '"L~ - () (
Date
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
FDLE Contract Number: 2001-CJ-2E-1l-23-02-091
Federal CFDA Number 16.592
County Name Miami-Dade
RECEIVED
A. Names & Addresses
MAR 1 5 2001
1. Sub grant Recipient.
Isles Beach
NTS
Name of Chief Elected Official: David Samson
Title: Mayor
Address: 17070 Collins Avenue #250 Sunny Isles Beach, Florida
Zip Code: 33160
Area Code and Telephone Number: (305) 947-0606
SUNCOM Number:
Area Code and Fax Phone Number: (305) 949-3113
2. Chief Financial Officer.
Name of Chief Financial Officer: Jean Watson
Title: Finance Director
Address: 17070 Collins Avenue #250 Sunny Isles Beach, FI.
Zip Code: 33160
Area Code and Telephone Number: (305) 947-0606 x228
SUNCOM Number:
Area Code and Fax Phone Number: (305) 949-3113
3. Implementing Agency.
(Government Agency Responsible for Project)
Name of Chief Executive Official: Fred A. Maas
Title: Chief of Police
Address: 17070 Collins Avenue #255 Sunny Isles Beach, FI.
Zip Code: 33160
Area Code and Telephone Number: (305) 947-4440 x506
SUNCOM Number:
Area Code and Fax Phone Number: (305) 947-4680
4. Project Director.
(Employee of Governmental Implementing Agency)
Name of Project Director:
Title:
Mailing Address:
Street Address:
Zip Code: 33160
Area Code and Telephone Number: (305) 947-4440 x505
SUNCOM Number:
Area Code and Fax Phone Number: (305) 947-4680
E-Mail Address:mikegrand@mindspring.com
Michael A. Grandinetti
Sergeant
17070 Collins Avenue #255 Sunny Isles Beach, Fl.
Subgrant Application Package
SFY 2001
Section II:; 1
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
B. Administrative Data
1. Project Title (Not to exceed 36 characters, including spaces.)
Operation Beach Sweep
2. Project Period.
Period Month Day Year
Beginning May 1 2001
Ending October 31 2001
c. Fiscal Data
1. A warrant for the lump sum grant award will be sent directly to the Chief
Financial Officer identified by the recipient in Section A.2. Unless otherwise
stated.
2. Vendor # (Enter Federal Employer Identification Number of Sub grantee):
65-0784647
3. SAMAS # (Enter if you are a state agency):
D. Program Purpose Areas and Project Budget Schedule
Local Law Enforcement Block Grants Program funds may be used for one or more of the
Program Purpose Areas below which supports drug demand reduction and eradication
programs. In the Prolect Budget Schedule that follows. indicate the Program Purpose
Areas YOU plan to implement by specifying the dollar amounts required to fund each
activity. Local Match must be cash and must represent no less than ten (10) percent of
the project's cost. All or any portion of funds allocated under this title may be used to
contract with private, nonprofit entities or community-based organizations to carry out the
purposes of this Program.
PROGRAM PURPOSE AREA 1
Law Enforcement Support for:
A. Hiring, training, and employing on a continuing basis, new additional law
enforcement officers and necessary support personnel (if funds are used to hire law
enforcement officers, there must be a net gain over the unit of local government's
current appropriated budget, in the number of law enforcement officers who perform
non-administrative public safety service) in order to reduce illegal drugs in Florida.
Subgrant Application Package
SPY 2001
Section II -..2
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
B. Paying overtime to presently employed law enforcement officers and necessary
support personnel for the purpose of increasing the number of hours worked by such
personnel to reduce illegal drugs in Florida.
C. Procuring equipment, technology, and other material directly related to basic law
enforcement functions) which will assist in reducing illegal drugs in Florida.
PROGRAM PURPOSE AREA 2
Enhancing security measures in and around schools, and in and around any other facility or
location that the unit of local government considers a special risk for incidents of crime so
as to reduce illegal drugs in Florida.
PROGRAM PURPOSE AREA 3
Establishing or supporting drug courts. To be eligible for funding, a drug court program
must include the following:
1. Continuing judicial supervision over offenders with substance abuse problems, but
who are not violent offenders;
2. Integrating administration of other sanctions and services, which shall include:
a. mandatory periodic testing of each participant for the use of controlled
substances or other addictive substances during any period of supervised
release or probation;
b. substance abuse treatment for each participant; probation or other supervised
release involving the prosecution;
c. confinement, or incarceration because of noncompliance with program
requirements or failure to show satisfactory progress; and
d. programmatic, offender management and aftercare services such as relapse
prevention, vocational job training, and job and housing placement.
PROGRAM PURPOSE AREA 4
Enhancing the adjudication of cases involving violent offenders, including cases involving
violent juvenile offenders. For the purposes of this program, violent offender means a
person charged with committing a Part I violent crime under the Uniform Crime Reports.
PROGRAM PURPOSE AREA 5
Establishing a multi-jurisdictional task force, particularly in rural 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 in order to reduce
illegal drugs statewide.
Subgrant Application Package
SPY 2001
Section II ..J
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Department of Law Enforcement
PROGRAM PURPOSE AREA 6
Establishing crime prevention programs involving cooperation between community
residents and law enforcement personnel to control, detect, or investigate crime or the
prosecution of criminals as it relates to illegal drug reduction in Florida.
PROGRAM PURPOSE AREA 7
Defraying the cost of indemnification insurance for law enforcement officers.
Ineligible Use of Funds. The following items may not be purchased, leased, rented or
acquired with funds provided under the Local Law Enforcement Block Grants Program:
1. Tanks or armored vehicles
2. Fixed-wing aircraft
3. Limousines
4. Vehicles not primarily used for law enforcement
5. Yachts
6. Real Estate
7. Consultants
Subgrant Application Package
SFY 2001
Section lIe 4
Revised 9/14/00
Local Law Ellforcement Block Grallts Program
Florida Department of Law Enforcement
E. Grant Purpose and Description:
Based on the Program Purpose Areas selected in Section II, D, briefly describe how the
LLEBG sub grant funding will impact upon the reduction and eradication of illegal drugs
in Florida.
(Limit: One page per Program Purpose Area).
The City of Sunny Isles Beach is a small municipality approximately 2.5 miles long and
approximately .5 miles wide. The City is located on the northeast coast of Miami-Dade
County Florida and consists of residential, business and several hoteVmotels.
The Beaches and Hotels in Sunny Isles Beach attract and host thousands of visitors from
our surrounding inland cities as well as visitors from all over the world.
The Sunny Isles Beach Police Department has several specialized units assigned to
specific tasks and patrol functions. A few of the units consist of but are not limited to
Marine Patrol, ATV's and Undercover Detectives. These units are responsible for the
patrol of our ever-popular beaches and waterways as well as the everyday responsibilities
for the safety of our residents, business owners, consumers and our many visitors.
Unfortunately, the beaches and hotel/motel areas are very popular for attracting drug
dealers as well as drug users. Therefore, our officers have the difficult task of identifying
and eliminating this criminal element from our city.
Unlike the tools available to our road patrol officers that provide instant access to Criminal
(FCIC/NCIC) and Drivers License Checks via their Laptop Computers, this tool is not
available to our specialized units due to the unique modes of their transportation and the
risk of damage to the equipment.
With the use of funds made available by the "Local Law Enforcement Block Grants
Program", we would immediately purchase seven (7) RIM Wireless Interactive Devices
that would allow our specialized units to have immediate wireless access to criminal
checks from anywhere within the city (Waterway, Beach, Hotel Rooms, etc.). This would
also allow the officers to conduct many more criminal subject checks without the delays of
our ever busy radio system, resulting in more arrest and deterring the street level drug
dealers and users from loitering on our beaches and waterways.
Subgrant Application Package
SFY 2001
Section II - ~
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Departmellt of Law Ellforcemellt
F. Project Budget Schedule
PROJECT BUDGET SCHEDULE
(Type or Prillt Dollar Amoullts ill Applicable Categories alld Leave Others BIalik.)
Program Purpose Areal
Budget Category
Federal
FUlldillg
Local
Govern mell t
Cash Match
Total
1.a. Salaries and Benefits
1.b. Salaries and Benefits
Contractual Services
Indirect Costs
1.c. Expenses
Operating Capital Outlay
Indirect Costs
$ 10,000.00
$ 1,337.55
$ 11,337.55
2. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
3. Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Subgrant Application Package
SFY 1001
Section 11,6
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Department of Law Enforcement
Program Purpose Areal
Budget Category
Federal
Funding
Local
Government
Cash Match
I
Total
~'W'~"" - -- -- __I . _,
.~,~~~ ~~ ~-~ ~ -<> ~ -
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 2001
Section II;. 7
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
PROJECTBUDGETSCHEDULES~Y
(Totals For All Program Purpose Areas)
Federal Local
Budget Category Funding Government Total
Cash Match
Salaries and Benefits
Contractual Services
Expenses $ 10,000.00 $ 1,337.55 $ 11,337.55
Operating Capital Outlay
Indirect Costs
Totals $ 10,000.00 $ 1,337.55 $ 11,337.55
Subgrant Application Package
SFY 2001
Section II. 8
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Department of Law Enforcement
G. Project Budget Narrative
You must describe line items for each applicable Budget Category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to project
activities. In addition, describe your specific sources of matching funds. [Source of
match must be cash and represent no less than ten (10) percent of the project's cost.]
Start below and use continuation pages as necessary.
II.D.1.C
With the use of funds made available by the "Local Law Enforcement Block Grant Program",
we would immediately purchase the following equipment to provide our specialized units with
instant access to criminal checks from locations known to attract drug dealers and drug users.
With the use of the RIM Interactive Wireless Devices, our Beach Patrol, Marine Patrol and our
Undercover Detectives will have instant access to criminal checks without the delays of the
ever-busy radio system. These devices will allow our units to assume a proactive and
aggressive attack on local street level drug dealers and buyers.
The City of Sunny Isles Beach will pay a minimum of 10% cash match from our general fund
towards the purchase of the following equipment.
1.) Seven (7) Motorola Rim Interactive Wireless Devices. $ 1,399.65
2.) Rim Interactive Operating Software for seven (7) devices. $ 7,700.00
3.) Programming fees for seven (7) devices. $ 350.00
4.) Monthly airtime charge for seven (7) devices for the six-month grant period. $ 1,887.90
Total Project Cost for Grant Period........................$ 11 ,337.55
The wireless connection from the RIM devices will be made through the use of Cingular
Wireless Services to the Holly Hill Police Department in V olusia County, Florida. This agency
will enter into an inter-agency agreement with the Holly Hill Police Department to provide a
direct link to FCIC/NCIC, adhering to all rules and regulations set by the Florida Department
of Law Enforcement / FCIC.
Subgrant Application Package
SFY 2001
Section II - 9
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Departmellt of Law Ellforcemellt
Acceptance and Agreement
All persons involved in or having administrative responsibility for the sub grant must read
these "Acceptance and Agreement" conditions. This "Acceptance and Agreement"
(Section H) must be returned as part of the completed application.
Note Condition No. 14: Only project costs incurred on or after the effective date of
this agreement and on or prior to the termination date of a recipient's project are
eligible for funding under this subgrant.
Conditions of Agreement. Upon approval of this sub grant, the approved application and
the conditions outlined below will become binding. Non-compliance will result in
project costs being disallowed.
Definitions.
The term "Department", unless otherwise stated, refers to the Florida Department of Law
Enforcement.
The term "Sub grant Recipient" refers to the governing body of a city or a county or an
indian tribe which performs criminal justice functions as determined by the U.S. Secretary
of the Interior, and includes an "Implementing Agency" which is a subordinate agency of
a city, county or indian tribe, or an agency under the direction of an elected official (for
example, Sheriff or Clerk of the Court).
1. Reports
a. Financial Reports:
The recipient shall submit Quarterly Project Expenditure Reports (Form LLEBGP-
001) to the Department by February 1, May 1, August 1, and November 1 covering
subgrant project expenditures during the previous quarter. (See Paragraph 18.
Project Expenditures.) A final Project Expenditure Report and a Criminal Justice
Contract (Financial) Closeout Package (Form LLEBGP-003) shall be submitted to
the Department within forty-five (45) days of the sub grant termination period. Such
claim shall be distinctly identified as "final."
b. Other Reports:
The recipient shall report to the Uniform Crime Report and the Statewide Drug
Intelligence Database and other reports as may be reasonably required by the Florida
Department of Law Enforcement.
2. Lump Sum Payment and Establishment of Trust
The Department shall award program funds to the recipient in one, lump sum payment.
The recipient must establish an interest-bearing trust fund to deposit program funds. The
term "trust fund" is defined as an interest-bearing account that is specifically designated
Subgrant Application Package
SFY 2001
Section II-I 0
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
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 in compliance with the trust fund requirement, a recipient's account
must include the following four features:
a. The account must earn interest;
b. The recipient must be able to account for the federal award amount;
c. The recipient must be able to account for the local match amount; and
d. The recipient must be able to account for the interest earned.
If these requirements can be met within the recipient's current 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 sub grant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions
of the project budget as approved by the Department.
All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs' Financial Guide (as amended), the U.S. Department of Justice's Common
Rule for State and Local Governments, and the federal Office of Management and
Budget's (OMB's) Circulars A-21, A-87, and A-lID, in their entirety.)
All funds not spent according to this agreement shall be subject to repayment by the
recipient.
4. Allowable Costs
Allowance for costs incurred under the sub grant 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
No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-
21, "Cost Principles for Educational Institutions".
All procedures employed in the use of federal funds to procure services, supplies or
equipment, shall be according to U.S. Department of Justice's Common Rule for State and
Local Governments, or Attachment "0" ofOMB's Circular No. A-lID and Florida Law to
be eligible for funding under this subgrant.
5. Travel
All expenses for travel out-of-state or out-of-grant-specified work area shall be based
upon written approval of the Department prior to commencement of actual travel.
Subgrant Application Package
SFY 2001
Section II-II
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Departmellt of Law Ellforcemellt
The cost of all travel shall be reimbursed according to local regulations, but not in excess
of provisions in Section 112.061, Florida Statutes.
All bills for any travel expenses shall be submitted according to provisions in Section
112.061, Florida Statutes.
6. Modification of Contract; Repayments
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Florida Department of Law Enforcement", and mailed
directly to the Department at the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308
7. Written Approval of Changes in this Approved Agreement
Recipients shall obtain written approval from the Department for major changes to this
agreement. Major changes include, but are 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 criteria:
That is, a Subgrant Recipient may transfer funds between approved budget categories
as long as the total amount of transfer does not exceed ten (10) percent of the total
award
amount and the transfer is made to an already approved budget line item.
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised
budget
is approved by the Department.
Subgrant Application Package
SFY 2001
Section II - 12
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Departmellt of Law Ellforcemellt
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.)
Under no circumstances can transfers of funds increase the total budgeted award.
8. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject
to available federal Local Law Enforcement Block Grant funds.
9. Commencement of Project
If a project has not begun within sixty (60) days after acceptance of the sub grant award,
the recipient shall send a letter to the Department requesting approval of a new project
starting date. The letter must outline steps to initiate the project, explain reasons for
delay, and specify an anticipated project starting date.
If a project has not begun within ninety (90) days after acceptance of the subgrant award,
the recipient shall send another letter to the Department, again explaining reasons for
delay and requesting approval of a revised project starting date.
Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons
for delay are justified or shall, at its discretion, unilaterally terminate this agreement and
deobligate sub grant 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.
10. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including
any failure by the recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the recipient. Such causes include but are not limited
to acts of God or of the public enemy, acts of the government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
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
Subgrant Application Package
SFY 2001
Section II - 13
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
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.
11. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date
or subsequent to the termination date of the grant period. Only project costs incurred
on or after the effective date and on or prior to the termination date of the
recipient's project are eligible for funding under this subgrant. A cost is incurred
when the recipient's employee or consultant performs required services, or when the
recipient receives goods, notwithstanding the date of order.
Subject to the above requirements, Project Generated Income may be used by the
recipient for Program Purpose Area activities.
12. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by
the recipient, the recipient's consultants and suppliers, or both; the Department shall
impose sanctions it deems appropriate including withholding payments and cancellation,
termination
or suspension of the agreement in whole or in part. In such event, the Department shall
notify the recipient of its decision thirty (30) days in advance of the effective date of such
sanction. The recipient shall be paid only for those services satisfactorily performed prior
to the effective date of such sanction.
13. Access To Records
The Florida Department of Law Enforcement; the U.S. Department of Justice, Office of
Justice Programs, Bureau of Justice Assistance; and the Auditor General of the State of
Florida; the U.S. Comptroller General or any of their duly authorized representatives,
shall have access to books, documents, papers and records of the recipient, implementing
agency and contractors for the purpose of audit and examination according to the Office
of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's
Common Rule for State and Local Government).
The Department reserves the right to unilaterally terminate this agreement if the recipient,
implementing agency or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes,
and made or received by the recipient or its contractor in conjunction with this agreement.
Subgrant Application Package
SFY 2001
Section II - 14
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
14. Audit
a. The recipient shall provide to the Department one copy of an annual audit conducted
in compliance with The Single Audit Act of 1984, Public Law 98-502. The audit shall
be performed in accordance with the federal OMB's Circular A-133 and other
applicable federal law. The contract for this agreement shall be identified with the
subject audit in The Schedule of Federal Financial Assistance. The contract shall be
identified as federal funds passed-through the Florida Department of Law
Enforcement and include the contract number, CFDA number, award amount,
contract period, funds received and disbursed. When applicable, the recipient shall
submit an annual financial audit which meets the requirements of Sections 11.45 and
215.97, 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
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
(IP A). The IP A 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.
e. The recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of five (5) years from the date
the audit report is issued, unless extended in writing by the Department.
f. If this agreement is closed out without an audit, the Department reserves the right to
recover any disallowed costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308
Subgrant Application Package
SFY 2001
Section II - 15
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
15. Project Expenditures
All recipient expenditures shall be identified on Form LLEBGP-OOI (Project Expenditure
Report), prescribed and provided by the Department. Project Expenditure Reports shall
be submitted to the Department on a quarterly basis, as specified in Section F., Paragraph
1.a.
All claims for funding shall be submitted in sufficient detail for proper pre-audit and
post-audit.
All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
16. Retention of Records
The recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public
disclosure upon request of duly authorized persons.
17. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or
discovered subordinate to this agreement is governed by the terms of the Office of Justice
Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule
for State and Local Government) or the federal OMB's Circular A-llO, Attachment N,
Paragraph Eight (8).
18. Property Accountability
The recipient agrees to use all non-expendable property for criminal justice purposes
during its useful life or request Department disposition.
The recipient shall establish and administer a system to protect, preserve, use, maintain
and dispose of any property 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-llO,
Attachment N. This obligation continues as long as the recipient retains the property,
notwithstanding expiration of this agreement.
19. Disputes and Appeals
The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
Subgrant Application Package
SFY 2001
Section 11- 16
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
If the recipient appeals the Department's decision, it shall be submitted in writing to the
Department's agency clerk within twenty-one (21) calendar days of receipt of
notification. The recipient's right to appeal the Department's decision is contained in
Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5,
Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
20. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time,
representatives of the Department and/or the U.S. Department of Justice's Bureau of
Justice Assistance have the privilege of visiting the project site to monitor, inspect and
assess work performed under this agreement.
21. 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 paragraph a. above shall include the
following statements on the cover page:
1. "This report was prepared for the Florida Department of Law Enforcement, in
cooperation with the U.S. Department of Justice, Bureau of Justice
Assistance." The next printed line shall identify the month and year the report
was published.
11. "This program was supported by grant # _200l-LB-BX-0153 awarded to the
Florida Department of Law Enforcement, State of Florida, and by the Bureau
of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S.
Department of Justice. The BJA is a component of OJP which also includes
the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile
Justice and Delinquency Prevention, and the Office for Victims of Crime."
111. "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 Law Enforcement, the U.S. Department
of Justice, Office of Justice Programs, or any other agency of the state or
federal government".
22. Equal Employment Opportunity (EEO)
All recipients are required to comply with nondiscrimination requirements contained in
various federal laws. Specifically, the statute that governs programs or activities funded
by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime Control and
Safe Streets Act of 1968, as amended, 42 US.e. 3789d, prohibits such discrimination, as
follows:
Subgrant Application Package
SFY 2001
Section II - 17
Revised 9/14/00
Local Law Ellforcemellt Block Grallts Program
Florida Department of Law Enforcement
No person in any State shall on the grounds of race, color, religion, national origin,
sex [or disability]* be excluded from participation in, be denied the benefits of, be
subjected to discrimination under, or denied employment in connection with any
program or activity funded in whole or in part with funds made available under this
title.
* Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on
the basis of disability.
The recipient acknowledges, by completing and signing the attached EEO Certification
Letter (Appendices I), that failure to submit an acceptable Equal Employment
Opportunity Plan approved by the Office for Civil Rights (if recipient is required to
submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may
result in suspension of funding obligation authority. Submission of this certification
letter is a prerequisite to entering into this agreement. This certification is a material
representation of fact upon which reliance was placed when this agreement was made. If
the recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days
after the date of this agreement to comply with the Act or face loss of federal funds
subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,
42 Us.e. 3701, et seq. (Reference Section 803 (a) of the Act, 42 US.e. 3783 (a) and
CFR Section 42.207 Compliance Information.)
If any court or administrative agency makes a finding of discrimination on the grounds of
race, color, religion, national origin, gender, disability or age against a recipient of funds,
the recipient must agree to forward a copy of the findings to the OJP Office for Civil
Rights.
23. Americans with Disabilities Act 1990
Sub grantees must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law (P.L.) 101-336, which prohibits discrimination by public and private
entities on the basis of disability and requires certain accommodations be made with
regard to employment (Title I), state and local government services and transportation
(Title II), public accommodations (Title III), and telecommunications (Title IV).
24. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal
Intelligence Systems Operating Policies is to assure that recipients of federal funds for the
principal purpose of operating a criminal intelligence system under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 Us.e. 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-J15, and Pub.L. 96-157), use those funds in conformance with the privacy and
constitutional rights of individuals.
The recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a)
Subgrant Application Package
SFY 2001
Section JI - 18
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
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 sub grant funded development or operation of a criminal
intelligence system.
25. Non-Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12549, Debarment and Suspension
(34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures
require the recipient to certify it shall not enter into any lower tiered covered transaction
with a person who is debarred, suspended, declared ineligible or is voluntarily excluded
from participating in this covered transaction, unless authorized by the Department.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a
period of36 months from the date of being placed on the convicted vendor list.
26. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement IS
contingent upon an annual appropriation by the Florida Legislature.
27. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of P.L. 101-121 set forth in "New
Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990,
Federal Register.
Each person shall file the most current edition of this Certification And Disclosure Form,
if applicable, with each submission that initiates agency consideration of such person for
award of federal contract, grant, or cooperative agreement of$lOO,OOO or more; or federal
loan of$150,000 or more.
Subgrant Application Package
SFY 2001
Section II - 19
Revised 9/14/00
Local Law Enforcement Blo(:k Grants Program
Florida Department of Law Enforcement
This certification is a material representation of fact upon which reliance was placed
when this agreement was made. Submission of this certification is a prerequisite to
entering into this agreement subject to conditions and penalties imposed by Section 1352,
Title 31, United States Code. Any person who fails to file the required certification is
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
failure to file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
a. No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
member of congress, an officer or employee of congress, or an employee of a member
of congress in connection with the awarding of any federal loan, the entering into of
any renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
b. If any non-federal funds have been paid or shall be paid to any person for influencing
or attempting to influence an officer or employee of congress, or an employee of a
member of congress in connection with this federal contract, grant loan, or
cooperative agreement, the undersigned shall complete and submit the standard form,
Disclosure of Lobbying Activities, according to its instructions.
c. The undersigned shall require that the language of this certification be included in
award documents for all sub grant awards at all tiers and that all Sub grant Recipients
shall certify and disclose accordingly.
28. State Restrictions on Lobbying
In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and
Agreement, the expenditure of funds for the purpose of lobbying the state
Legislature or a state agency is prohibited under this contract.
29. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and
other documents describing projects or programs funded in whole or in part with federal
funds, all grantees and recipients receiving these federal funds, including but not limited
to state and local governments, shall clearly state:
a. The percentage of the total cost of the program or project that shall be financed with
federal funds, and
b. The dollar amount of federal funds to be expended on the project or program.
30. Project Closeout
Project funds which have been properly obligated by the end of the sub grant funding
period will have 45 days in which to be liquidated (expended). Any funds not liquidated
Subgrant Application Package
SFY 2001
Section II - 20
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
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 sub grant closeout package. A check for the full amount of
any unexpended funds must accompany the closeout package.
31. Background Check
It is strongly recommended that all programs 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.
32. Eligibility for Employment in the United States
The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation
of the employment provisions contained in 8 U.S.c. Section 1324a(e) [Section 274A(e)
of the Immigration and Nationally Act (INA)]. The Department shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement
by the Department.
33. Employment Preference for Former Members of the Armed Forces
Recipients shall give suitable preference in the employment of persons as additional law
enforcement officers or support personnel to members of the Armed Forces who were
separated or retired involuntarily due to the reductions in the Department of Defense.
Subgrant Application Padcage
SFY 2001
Section Il- 21
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
I. Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth
in this agreement, have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized officers on the date, month and year set out below.
Corrections including strikeovers, whiteouts, etc., on this page are not acceptable.
MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES
State of Florida
Florida Department of Law Enforcement
Office of Criminal Justice Grants
By: CQI~~' ~
Type Name and Title: Clayton H. Wilder, Community Program Administrator
Date:
4 - <...fo - 0 t
A.
Subgrant Recipient
Authorizing Official of Governmental Unit
sion Chairman, Mayor, or Designated Representative)
By:
Type Name an~it1e\ David Samson,
Date: (? ,r
\
FEID Number: 65-0784647
Mayor
B. Implementing Agency
Official, Administrator or Designated Representative
By: ~C~
Type Name and Title: Fred A. Maas. Chief of Police
Date: 3/( sid I-
t .
Subgrant Application Package
SFY 2001
Section II - 22
Revised 9/14/00
Local Law Enforcement Block Grants Program
Florida Department of Law Enforcement
EEO Certification Letter - Subgrant Recipient
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
Tallahassee, Florida 32308
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 Suborant Application PackaQe and Instructions. I understand that if the subgrant
recipient meets these criterion, it must formulate, implement and maintain a written EEO
Program relating to employment practices affecting minority persons and women. I also affirm
that th.'\subgrant recipient (Initial one of the following):
At 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:
Ma or
By:
W~
Date:
~~~ / () I
, I
Name of Subgrantee Organization: City of Sunny Isles Beach
Subgrant Application Package
SFY 2001
Appendix 1.. 2
Revised 9/14/00
Local Law Enforcement Block Grams Program
Florida Department of Law Enforcement
EEO Certification Letter - Implementing Agency
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EEO)
Program Requirements -- Implementing Agency
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set
forth in the Subqrant Application Packaqe and Instructions. I understand that if the
Implementing Agency meets these criterion, it must participate in the subgrant recipient's EEO
Program or formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the
Implementing Agency (Initial one of the following):
da.. Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
I further affirm that if the implementing agency meets the Act criteria and does not
participate in the subgrant recipient's EEO Program or does not have its own written EEO
Program, federal law requires it to participate in such a program or formulate. implement, and
maintain its own program within 120 days after a subgrant application is approved or face loss
of federal funds.
Requires signature of authorized official:
Type Name and Title:
Fred A. Maas. Chief of Police
BY:~C,~
Date:
J Ii J /0 (
,
Name of Implementing Agency: Sunny Isles Beach Police Department
Subgrant Application Package
SFY 2001
Appendix l' 3
Revised 9/14/00