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HomeMy WebLinkAboutReso 2005-759 RESOLUTION NO. 2005-..15q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO APPLY FOR, RECEIVE, AND EXPEND A U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) IN THE AMOUNT OF $10,000.00, REPRESENTING $6,427.00 IN GRANT FUNDS AND $3,573.00 IN MATCHING CITY FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Justice, through the Florida Department of Law Enforcement has made available a Local Law Enforcement Block Grant funds in the amount of $6,427.00 to the Sunny Isles Beach Police Department. WHEREAS, the Sunny Isles Beach Police Department will purchase aVer-Mac PMV 548 Solar Powered Message Display Board to enhance the communications between our visitors, residents and our police department. The Message board will be used to display public service announcements such as "Say No to Drugs", "Click-it or Ticket", "Red Ribbon Week", etc. NOW THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization to Receive and Expend Grant Money. The City Manager and/or his designee is hereby authorized to apply for, receive, and expend aU. S. Department ofJustice Block Grant in a total amount of $10,000.00, representing $6,427.00 in grant funds and $3,573.00 in matching city funds, for the purchase of a message display board. Section 2. Effective Date. This Resolution is effective immediately. PASSED AND ADOPTED this 13th day of January 2005. . '. " A TTEST=' " " , ~A~. Jane A.l~in~s, C~o/:C1erk '. R200S- Block Grant For Mesage Display BoardDoc Page 1 of 2 APPROVED AS TO FORM AND LEGAL F N Y Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v(Yes) V(Yes) ~Yes) ~(J es) -.0Yes) ~'::~~~y. &~~~~~~~S R2005- Block Grant For Mesage Display BoardDoc Page 2 of 2 _(No) _(No) _(NO) _(No) _(No) Application for Funding Assistance Florida Department of law Enforcement local law Enforcement Block Grant Subgrantee Organization Organization Name: City of Sunny Isles Beach Organization Type: COUNTY County Organization is Located In: Dade FEID OR SAMAS: 65-0784647 Chief Official Position Name: Norman Edelcup Title: Mayor Address: 17070 Collins Avenue #250 City: Email: Phone: Sunny Isles State: FL Zip: 33160 nsedelcup@aol.com 305-947-0606 Ext: Fax: 305-947-3113 Suncom: Chief Financial Official Position Name: Jean Watson Title: Finance Director Address: 17070 Collins Avenue #250 Sunny Isles State: FL Zip: 33160 jwatson@sibfl.net 305-947-4440 Ext: 228 Fax: 305-949-3113 Suncom: City: Email: Phone: Application Ref # 2005-LEBG-166 Contract Page 1 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Implementing Agency Organization Organization Name: Sunny Isles Beach Police Department Organization Type: COUNTY County Organization is Located In: Dade FEID OR SAMAS: 65-0784647 Chief Official Position Name: Fred Maas Title: Chief of Police Address: 17070 Collins Avenue #255 City: Email: Phone: Sunny Isles Beach State: FL Zip: 33160 fmaas@sibfl.net 305-947-4440 Ext: 506 Fax 305-947-4680 Suncom: Project Director Position Name: Michael Grandinetti Title: Lieutenant Address: 17070 Collins Avenue #255 City: Email: Phone: Sunny Isles Beach State: FL Zip: 33160 sibpd@mindspring.com 305-947-4440 Ext: 505 Fax 305-947-4680 Suncom: Application Ref # 2005-LEBG-166 Contract Page 2 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant General Project Information Project Title: Purchase of a Public Announcement Message Board Project Sequence No: 0 Subgrantee: City of Sunny Isles Beach Implementing Agency: Sunny Isles Beach Police Department Project Start Date: 2/1/2005 End Date: 7/30/2005 Problem Identification Whereas the City of Sunny Isles Beach is a vacationing community that attracts thousands of visitors to our beaches each year, the effective communications between our visitors, residents and our police department are difficult. With the use of the grant funds provided by the Florida Department of Law Enforcement, through the Local Law Enforcement Block Grant and a local cash match from our general fund, The City of Sunny Isles Beach Police Department would purchase a ?Ver-Mac PMV 548 Message Board? This message board would enable us to display public service announcement such as ?Say No to Drugs?, Red Ribbon Week?, ?Click-it or Ticket?, etc. By placing this message board on main thoroughfares within the City of Sunny Isles Beach, we would be exposing tens of thousands of motorist and pedestrians to our public service announcements each day. Application Ref # 2005-LEBG-166 Contract Page 3 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Project Summary With the purchase of the Message Board, we will be able to communicate important public service announcements more effectively with our passing motorist, pedestrians and residents of the City of Sunny Isles Beach. Application Ref # 2005-LEBG-166 Contract Page 4 of 11 SIB ,'- Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Federal Purpose Area: 001 C - Basic Law Enforcement Equipment State Purpose Area: 001 C - Basic Law Enforcement Equipment Application Ref # 2005-LEBG-166 Contract Page 5 of 11 SIB Application for Funding Assistance Florida Department ot Law Enforcement Local Law Enforcement Block Grant General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Annual Is the subgrantee a state agency?: No SAMAS I Vendor Number: 65-0784647 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $6427.00 $3573.00 $10000.00 Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $6427.00 $3573.00 $10000.00 Percentage 64.27 35.73 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? : No Application Ref # 2005-LEBG-166 Contract Page 6 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Budget Narrative: The Sunny Isles Beach Police Department will purchase a Solar Powered Message Board at a cost of $10,000.00. This item will be paid for with partial grant funds as well as matching funds from the city's general fund as a Operating Capital Outlay. Application Ref # 2005-LEBG-166 Contract Page 7 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Section Questions: Identify specific sources of matching funds. Ans: General Fund Indicate the Operating Capital Outlay threshold established by the subgrantee. Enter N/A if not applicable. Ans: $2,500.00 If Salaries and Benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase? Enter N/A if not applicable. Ans: N/A Application Ref # 2005-LEBG-166 Contract Page 8 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Insert Standard Conditions Page here. Application Ref # 2005-LEBG-166 Contract Page 9 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Typed Name of Implementing Agency: Signature: Typed Name and Title: Date: Application Ref # 2005-LEBG-166 Contract Page 10 of 11 SIB Application for Funding Assistance Florida Department of Law Enforcement Local Law Enforcement Block Grant Insert Certifications and Authorizations here. Application Ref # 2005-LEBG-166 Contract Page 11 of 11 SIB 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 2331 Phillips Road 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 Aoolication Packaoe 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 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: By: Date: Name of Subgrantee Organization: SIB Local Law Enforcement Block Grants 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 2331 Phillips Road 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 Subarant Application Packaae 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): _ 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: By: Date: Name of Implementing Agency: SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in Item 13 of this section. 1. The subgrant recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and the Local Law Enforcement Block Grants Program Guidelines. It also agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Reports Financial Reports: The recipient must submit the Project Expenditure Report to the Florida Department of Law Enforcement, hereafter known as the Department, once all project costs have been expended or no later than 45 days after the subgrant end date along with the Criminal Justice Contract (Financial) Closeout Package. (See Paragraph 16. Project Expenditures and Reporting Requirements and Forms.) Other Reports: The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 3. Lump Sum Payment and Establishment of Trust The Department shall award program funds to the recipient in a single, lump sum payment. The recipient must establish a trust fund to deposit program funds. The term "trust fund" is defined as an 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 in compliance with the trust fund requirement, a recipient's account must include the following four features: a. The account may earn interest, but any earned interest must be used for program purposes. 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 a. 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. Subarant ADD/ication Packaae Section 11I- Page 1 SFY 2005 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 4. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule for State and Local Governments, and the federal Office of Management and Budget's (OMB's) Circulars A-21, A-87, A- 110, or A-102 as applicable, in their entirety. All funds not spent according to this agreement shall be subject to repayment by the recipient. 5. 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 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 Govemments, or OMB Circular No. A-110, or A-102, as applicable, and Florida Law to be eligible for funding under this subgrant. 6. 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. 7. 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 2331 Phillips Road Tallahassee, Florida 32308 Subarant ADDlication Packaae SFY 2005 Section /1/- Page 2 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 8. 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: c. 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. d. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. e. 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. 9. 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. 10. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the Department requesting approval of a new project starting date. The letter must outline steps to initiate the 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 de-obligate 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. 11. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement 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. Subarant ADDlication Packaae SFY 2005 Section 11I- Page 3 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the recipient and the consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources; b. The Department ordered the recipient in writing to procure such supplies or services from other sources; and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 12. 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. 13. 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. 14. 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. 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB'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 Subarant ADDlication Packaae Section 11/ - Page 4 SFY 2005 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 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 Chapters 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 nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and willbe 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. e. The recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. 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. h. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Project Expenditures All recipient expenditures shall be identified on the Project Expenditure Report, prescribed and provided by the Department. The Project Expenditure Report shall be submitted to the Department, as specified in Paragraph 2. 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. 17. 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. SubQrant Aoolication PackaQe Section 11I- Page 5 SFY 2005 S I f Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 18. 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-11 0 or A-1 02, as applicable. 19. 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 Circulars A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 20. 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 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. 21. 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. 22. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) 'This project was supported by Grant No. 2004-LB-BX-0359 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 23. 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 Subarant ADDlication Packaae Section 11/ - Page 6 SFY 2005 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement Programs (OJP) (Section 809(c)), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 US.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, 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 (Appendix I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 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.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information; Title Vlofthe Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, D, E.) 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. 24. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law (P.L.) 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). (Reference Title /I of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) 25. 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. C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94- 430, Pub. L. 94-503, Pub. L. 95-115, and Pub.L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and 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. Subarant Application Packaae Section /1/- Page 7 SFY 2005 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement This certification is a material representation of fact upon which reliance was placed when this agreement was made. 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. 26. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 27. 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. 28. 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 $1 00,000 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 Subarant ADDlication Packaae SFY 2005 Section 11I- Page 8 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvino Activities, according to its instructions. c. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all Subgrant Recipients shall certify and disclose accordingly. 29. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 28, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 30. 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. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant 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. 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. 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 Nationality 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. 34. Employment Preference for Former Members of the Armed Forces Recipients shall give suitabl.e 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 Department of Defense. Subarant ADD/leatlon Paekaae SFY 2005 Section IJJ - Page 9 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 35. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 36. "Pay to Stay" The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay. program in any local jail. The recipient further agrees not to subaward funds to local jails which operate .pay-to-stay. programs. 37. Mitigation of Health, Safety, and Environmental Risks a. General Reauirement: The subgrantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these labs. b. Specific Reauirements: The subgrantee agrees that any program or initiative involving the aforementioned (36(a), hereafter .Program") can adversely affect (1) the personnel involved, (2) any residents, users and neighbors of the site of a seized lab; (3) the site's surrounding environment; and (4) the surrounding environment of the site(s) where any remains from a seized lab's operations are placed or come to rest. Therefore, the subgrantee agrees that in order to avoid or mitigate the possible adverse impacts of its Program, it will (1) include the nine below-listed measures within its Program; (2) provide for their adequate funding beyond that provided by this subgrant agreement; (3) implement these measures throughout the life of this subgrant agreement. In so doing, the subgrantee understands that these measures must be implemented through its own resources. 1. Provide medical screening of personnel assigned to the Program; 2. Provide Occupational Safety and Health Administration (OSHA) training required for personnel involved in the Program; 3. Equip personnel with OSHA required protective gear as determined by their specific duties; 4. Assign properly trained personnel to submit a comprehensive contamination report on each closed laboratory; 5. Remove and dispose of all wastes from the site as required by law; 6. Implementation of an agreement with a state environmental agency that provides for that agency's timely evaluation of environmental conditions and for remediation if necessary; 7. Access to immediate response to the health and custodial needs of children present or living at the seized lab site. c. Additional Reauirements: As part of the application acceptance process, the subgrantee shall, upon request, submit a brief description of its project sufficient for the Department to determine whether any additional compliance with federal environmental statutes and regulations should occur. Furthermore, once LLEBG funds are issued, the subgrantee shall notify the Department if the project changes significantly from the project description. Subarant ADD/jeatjon Paekaae SFY 2005 Section 11/ - Page 10 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 38. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) 39. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishllJent of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 40. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 41. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 42. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 43. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. Subarant ADDlication Packaae Section 11I- Page 11 SFY 2005 SIB Local Law Enforcement Block Grants Program Florida Department of Law Enforcement 44. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist Department in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds: (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 DO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice (DOJ), agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 45. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign the Signature Page, have the authority to request changes to the approved agreement. 46. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 47. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: (a) have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken; (b) conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. Subarant ADDlication Packaae SFY 2005 Section 11I- Page 12 SIB yVNNY Ii V � 1, *1: �Ci)Y Or SUN CNV" No; To: The Co tssion, City Manager and Mayor of Sunny Isles Beach From: ed A, Maas, Chief of Police Police Department Fred Moos Date: January 13, 2004 Chief of Police Subject: Authorization to Apply For,Receive and Expend Grant Money from the Bureau of Justice Assistance, Local Law Enforcement Block Grant Program for Purchase of a Message Board Recommendation: It is recommended that the City Commission approve a Resolution authorizing the City manager to apply for, receive, and expend monies from the U.S. Department of Justice, Local Law Enforcement Block Grant Program in the amount of$6,427.00, Grant Award and $3,573.00, 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. Reason: Using the funds provided by the U.S. Department of Justice, Local Law Enforcement Block Grant, the City of Sunny Isles Beach Police Department would purchase a Ver-Mac PMV 548 Message Board to enhance the communications between our visitors,residents and our police department. Additional Information: This message board would enable us to display public service announcements such as"Say No to Drugs", "Red Ribbon Week", "Click-it or Ticket", etc. By placing this message board on the main thoroughfares within the City of Sunny Isles Beach, we would be exposing tens of thousands of motorist and pedestrians to our public service announcements each day. Agenda Item Date