R19-129 RESOLUTION NO. R19-129
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZE THE CITY MANAGER
OR POLICE CHIEF MICHAEL GREGORY TO SIGN
ALL DOCUMENTS ASSOCIATED WITH THE
ACCEPTANCE AND GRANT AGREEMENT FOR
FLORIDA DEPARTMENT OF LAW ENFORCEMENT,
OFFICE OF CRIMINAL JUSTICE GRANTS, IDENTITY
1 tl THEFT AND FRAUD GRANT PROGRAM SUBJECT TO
1 THE APPROVAL OF THE CITY ATTORNEY; AND
1 PROVIDING AN EFFECTIVE DATE.
1
1
1 WHEREAS,the Florida Department of Law Enforcement(FDLE), Office of Criminal
1.. Justice Grants,has awarded the Boynton Beach Police Department the Identity Theft and Fraud
1 Grant for the 2019-20 funding cycle in the amount of$9,949.00; and
WHEREAS,this award will allow the funds to support our continued efforts in solving
1,! identity theft and fraud crimes which victimize the elderly in our community; and
WHEREAS,upon recommendation of staff,the City Commission has determined that
2 it is in the best interests of the residents of the City to authorize the City Manager or Police
2 Chief Michael Gregory to sign all documents associated with the Florida Department of Law
2 , Enforcement (FDLE) Identity Theft and Fraud Grant in the amount of$9,949.00.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 . THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
2., Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof
2 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
30 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated
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3 with the Florida Department of Law Enforcement(FDLE) Identity Theft and Fraud grant in the
3. amount of$9,49.00, a copy of which is attached hereto as Exhibit"A".
3 Section 3. This Resolution shall become effective immediately upon passage.
3, PASSED AND ADOPTED this day of AliviwkizGr, 2019.
3' CITY OF BOYNTON BEACH, FLORIDA
3s.
3 YES NO
3:.
3': Mayor—Steven B. Grant
4u
4 Vice Mayor—Justin Katz
4
4 Commissioner—Mack McCray
4•
4' Commissioner—Christina L. Romelus ✓
4:
4 Commissioner—Ty Penserga
4:
4''
51' VOTE
5
5. ATTEST:
5
5 � dL,
5: C stal Gibson, MMC
5 City Clerk
5:,
5'
61'
6 (Cprporate Seal)
6
6 , t'•
c
p !
' 11 '
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_Reso.docx
State of Florida
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
GRANT AWARD
Recipient: City of Boynton Beach Police Department
Grant Period: From: 10/01/2019 To: 6/30/2020
Project Title: FY 19-20 Identity Theft and Fraud Grant Program
Grant Number: 2020-SFA-ITF-50-2D-005
Awarded Funds: $9,949
CSFA Catalog Number: 71.042
This agreement is entered into by and between the Florida Department of Law Enforcement (herein
referred to as "FDLE" or"Department")and the City of Boynton Beach Police Department (herein referred
to as "Recipient"); and
WHEREAS, the Department has the authority pursuant to Florida law and does hereby agree to provide
state financial assistance to the Recipient in accordance with the terms and conditions set forth in this
agreement, and
WHEREAS, the Department has available funds resulting from a single, non-recurring appropriation in
The General Appropriations Act, Chapter 2019-115, Laws of Florida, Section 4, Specific Appropriation
1233, intended to be provided to the Recipient as reimbursement of eligible costs resulting from allowable
activities as defined in this agreement, and
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge,
qualifications and experience to carry out the state project identified herein, and does offer to perform
such services.
NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:
The General Appropriations Act contains the following proviso language and provides information on the
legislative intent for use of these funds:
From the funds in Specific Appropriation 1233, $150,000 for Aid to Local Governments, Grants and
Aids—Criminal Investigations from Operating Trust Fund
This award is subject to enclosed special conditions.
S0001: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for overtime (salaries), the City of
Boynton Beach Police Department must submit their agency's overtime pay policy to the Office of
Criminal Justice Grants.
S0002: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for training registration, the City of
Boynton Beach Police Department must obtain approval to attend the selected training from the Office of
Criminal Justice Grants.
Scope of Work
The City of Boynton Beach Police Department will use grant funds for the reimbursement of overtime
salary pay for the investigators to work fraud cases with the emphasis on those involving the elderly. The
investigators will track time worked via the Telestaff system which will include notes indicating cases
assigned. In addition, the City of Boynton Beach Police Department will use grant funds to send three
detectives to fraud/theft training.
No funds under this program will be used for community education/outreach activities, or memberships to
and/or certifications from professional organizations.
Project Deliverables
Total payments for all deliverables will not exceed the maximum grant award amount of$9,949.
Deliverable 1: Payment of overtime salaries to investigators assigned to identity theft and fraud cases
Minimum performance Minimum performance will be the attestation of work activities in submitted
criteria: claim reports.
Financial consequences: Only those costs for activities related to the purpose of this funding will be
eligible for reimbursement.
Deliverable price: Total payments for this deliverable will be approximately$9,274
Deliverable 2: Payment of expenses to attend training related to identity theft and fraud investigation.
Minimum performance Completion of identity theft and/or fraud related training described in the
criteria: scope of work, and approved in writing by FDLE, as attested on the
expenditure report.
Only those costs for activities related to the purpose of this funding will be
Financial consequences: eligible for reimbursement. Reimbursement for travel expenses will not
exceed the rates established in the State of Florida Travel Guidelines,
§112.06, Florida Statutes.
Deliverable price: Total payments for this deliverable will be approximately$675
Performance Reports
Recipient shall provide monthly Performance Reports to the Department attesting to the progress made
toward completion of deliverables and to validate the required minimum acceptable level of service
performed. Performance Reports are due 15 days after the end of each reporting period. (Example: If the
reporting period is July 1-31, the Performance Report is due August 15th.)
Recipient will respond to the questions listed below in the monthly Performance Reports. Information
provided by the Recipient will be used by the Department for processing payments, verifying deliverables,
and to compile reports on project progress to the Legislature and Executive Office of the Governor.
Performance Reports must address and/or contain the following:
1. Provide a narrative describing the activities and accomplishments achieved during the reporting
period.
2. Describe any progress or barriers encountered related to achieving those goals during the
reporting period and how these obstacles will impact the successful completion of the project.
Supporting documentation for performance must be maintained by Recipient and made available upon
request for monitoring purposes. Examples of supporting documentation include but are not limited to
time sheets, pay stubs, State of Florida travel vouchers, agendas for conferences and advisory meetings,
reports, marketing material, invoices, proof of payment, etc.
Payment Requirements & Financial Claim Reports
This is a cost reimbursement agreement with the ability to advance. The Recipient must maintain original
supporting documentation for all funds expended and received under this agreement in sufficient detail for
proper pre- and post-audit and to verify work performed was in accordance with the deliverable(s) and not
eligible for payment under another state or federal funding source. Payment shall be contingent upon the
Department's grant manager receiving and accepting the invoice and supporting documentation.
Supporting documentation includes, but is not limited to, quotes, procurement documents, purchase
orders, original receipts, invoices, canceled checks or EFT records, bank statements, etc.
Recipient shall provide monthly Claim Reports to the Department due 30 days after the end of each
reporting period. All Claim Reports must be approved and signed by the Recipient's chief financial official
and include a certification that costs claimed are true and valid costs incurred in accordance with the
agreement.
Using the forms provided in conjunction with this agreement, Claim Reports must clearly identify the dates
of services, a description of the specific contract deliverables provided during the reporting period, the
quantity provided, and the payment amount specified in the agreement. Except for advances, deliverables
must be received and accepted prior to payment; all claims are subject to subsequent audit and review to
the satisfaction of the Department. The Department's determination of acceptable expenditures shall be
conclusive.
Claim Reports shall validate the receipt of goods and services and verify the Recipient's compliance with
691-40.002, F.A.C. All expenditures for state financial assistance must comply with the Reference Guide
for State Expenditures published by the Florida Department of Financial Services. The Department will
administer and disburse funds under this agreement in accordance with ss. 215.97, 215.971, 215.981
and 215.985, Florida Statutes.
The Department will fund the Recipient for allowable expenditures incurred during the eligible reporting
period according to the terms and conditions, subject to the availability of funds and satisfactory
performance of all terms by the Recipient. The State of Florida's performance and obligation to pay under
this agreement is contingent upon an appropriation by the Legislature.
The final Claim for Payment shall be submitted to the Department no more than 30 days after the end
date of the grant. Any payment due under the terms of this agreement may be withheld until performance
of services and all reports due from the Recipient and necessary adjustments have been approved by the
Department. Before the final payment will be processed, the Recipient shall submit to the Department all
outstanding project reports and must have satisfied all special conditions. Failure to comply with these
provisions shall result in forfeiture of reimbursement.
The State Chief Financial Officer (CFO) reserves the right to require further documentation on an as
needed basis.
Appendix A: Administration
Changes to the following points of contact and chief officials below must be submitted to FDLE Office of
Criminal Justice Grants in writing.
Chief Official Programmatic Contact
Name Michael Gregory Name Jaclyn Smith
Title Chief of Police Title Grants Manager
Address Post Office Box 310 Address Post Office Box 310
Boynton Beach, FL 33425 Boynton Beach, FL 33425
Phone 561-742-6101 Phone 561-742-6195
Email gregorym@bbfl.us Email smithja@bbfl.us
Contract/Grant Manager Chief Financial Officer
Name Jaclyn Smith Name Mara Frederiksen
Title Grants Manager Title Finance Director
Address Post Office Box 310 Address Post Office Box 310
Boynton Beach, FL 33425 Boynton Beach, FL 33425
Phone 561-742-6195 Phone 561-742-6312
Email smithja@bbfl.us Email frederiksen@bbfl.us
Official Payee
Name Jaclyn Smith
Title Grant Manager
Post Office Box 310
Address Boynton Beach, FL 33425
Phone 561-742-6195
Email smithja@bbfl.us
FEID# 59-6000282
Appendix B: Budget
The following describes the proposed budget for the project. All amounts noted in budget are estimates
based on preliminary quotes or prior program activities. Deviations from this budget that exceed 10% of
the total amount in any budget category must be approved by FDLE Office of Criminal Justice Grants
Bureau Chief in writing prior to payment.
Budget Category Total
A. Personnel (Salary/Overtime) $9,274.00
B. Fringe Benefits $0
C. Travel $0
D. Equipment(OCO) $0
E. Expenses (Supplies) $0
F. Procurement Contracts $0
G. Other Costs $675.00
TOTAL $9,949
Budget Narrative:
A. Personnel (Salaries & Overtime)
Grant funds will be used to reimburse approximately 60 hours of overtime at various pay ranges from $39
- $61 an hour for three detectives working on identity and fraud cases. Emphasis will be on cases
involving the elderly.
Name Position/Description Computation Cost
D.Whitefield Detective $38.4162 x 60 hours $2,305
R.Zavattaro Detective $55.3053 x 60 hours $3,318
M.Vail Detective $60.8360 x 60 hours $3,650
TOTAL-Personnel $9,273
B. Fringe Benefits
No funds are budgeted in this category.
C. Travel
No funds are budgeted in this category.
D. Equipment (Operating/Fixed Capital Outlay)
No funds are budgeted in this category.
E. Expenses (Supplies)
No funds are budgeted in this category.
F. Procurement Contracts
No funds are budgeted in this category.
G. Other Costs
Grant funds will be used for class registration for training involving fraud and theft. Specific class is to be
determined. The cost per class stated below is an estimate until specific training is determined.
Item/Procurement Method Quantity x Cost Per Unit Cost
Fraud/Theft Training Registration 3 x$225.00 $675.00
TOTAL—Other Costs $675.00
Fiscal Year 2019-2020 Request form to the Department. The request must
State Financial Assistance be signed by the Recipient's Chief Financial Officer or
the Chief Financial Officer designee.
Standard Conditions
Advance funding should be requested only when the
The following terms and conditions will be binding Recipient has an imminent and specific need to
upon approval of the grant award and execution of the expend project funds. Cash advances must be spent
contract by both the Recipient and the Florida on project costs within 30 days of receipt. Should
Department of Law Enforcement. The Recipient will extenuating circumstances arise which prevent the
maintain required registrations and certifications for expenditure within 30 days of receipt, a written
eligibility under this program. request to retain the funds must be provided by the
recipient and approved by the Department. An
The Department and the Recipient agree that they do expenditure claim for advance funding must be
not contemplate the development, transfer or receipt submitted to the Department within 45 days of
of intellectual property as a part of this agreement. advance funding receipt.
The Recipient certifies with respect to this agreement II. PROJECT AND GRANT MANAGEMENT
that it possesses the legal authority to receive the
funds to be provided under this agreement and that, if Personnel Changes
applicable, its governing body has authorized, by The Recipient must notify the FDLE grant manager of
resolution or otherwise,the execution and acceptance any change in Recipient's Chief Officials or Project
of this agreement with all covenants and assurances Director or any change in contact information to
contained herein. The Recipient also certifies that the include mailing address, phone number, email
undersigned possesses the authority to legally address,or title change.
execute and bind Recipient to the terms of this
agreement. Obligation of Grant Funds
Grant funds shall not under any circumstances be
If a project is not operational within 60 days of the obligated prior to the effective date, or subsequent to
original start date of the award period, the Recipient the termination date, of the period of performance.
must report by letter to the Department the steps Only project costs incurred on or after the effective
taken to initiate the project, the reasons for delay, and date, and on or prior to the termination date of the
the expected start date. If a project is not operational Recipient's project are eligible for reimbursement. All
within 90 days of the original start date of the award payments must be completed within thirty(30)days of
period,the Recipient must submit a second statement the end of the grant period of performance.
to the Department explaining the implementation
delay. Financial Management
The Recipient must have a financial management
Upon receipt of the 90 day letter, the Department system able to record and report on the receipt,
shall determine if the reason for delay is justified or obligation, and expenditure of grant funds. An
shall, at its discretion, require additional project adequate accounting system must be able to
documentation and justifications throughout the award separately track receipts, expenditures, assets, and
period.The Department will also require the Recipient liabilities for awards, programs,and subrecipients.
provide a revised project timeline that includes all
anticipated project activities, tasks, and estimated The Recipient shall maintain books, records, and
completion date(s). documents (including electronic storage media) in
accordance with generally accepted accounting
I. PAYMENTS procedures and practices.
Overpayments Recipient must have written procedures for
Any funds paid in excess of the amount to which the procurement transactions.
Recipient is entitled under the terms and conditions of
the agreement must be refunded to the Department. Travel
Cost for travel shall be reimbursed at the Recipient's
Any balance of unobligated cash that have been travel rate, but the total per travel voucher shall not
advanced or paid that is not authorized to be retained exceed rates established in State of Florida Travel
for direct program costs in a subsequent period must Guidelines, §112.061, Florida Statutes.
be refunded to the state. Subcontracts
Recipient agrees that all employees, subcontractors,
Advance Funding or agents performing work under the agreement shall
Advance funding may be provided to a subrecipient be properly trained individuals who meet or exceed
any specified training qualifications.
upon completion and submission of a Cash Advance
Recipient agrees to be responsible for all work Convicted Vendors
performance and all expenses incurred in fulfilling the The Recipient shall disclose to the Department if it, or
obligations of this agreement, and will not assign the any of its affiliates, as defined in §287.133(1)(a),
responsibility for this agreement to another party. If Florida Statutes, is on the convicted vendor list. A
the Recipient subcontracts any or all of the work person or affiliate placed on the convicted vendor list
required under this agreement, a copy of the following a conviction for a public entity crime is
executed subcontract must be forwarded to the prohibited from doing any activities listed in the
Department within thirty (30) days after execution of agreement for a period of thirty-six (36) months from
the subcontract. The Recipient agrees to include in the date of being placed on the convicted vendor list.
the subcontract that (i) the subcontractor is bound by
all applicable state and federal laws and regulations, Vendors on Scrutinized Companies Lists
and (ii) the subcontractor shall hold the Department If this agreement is in the amount of $1 million or
and Recipient harmless against all claims of whatever more, Recipient certifies upon executing this
nature arising out of the subcontractor's performance agreement, that it is not listed on either the
of work under this agreement, to the extent allowed Scrutinized Companies with Activities in Sudan List or
and required by law. the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to
Grant Adjustments §215.473, Florida Statutes, or engaged in business
Recipients must submit a Request for Grant operations in Cuba or Syria. In the event that federal
Adjustment to the FDLE grant manager for major law ceases to authorize the states to adopt and
substantive changes such as: scope modifications, enforce the contracting prohibition identified herein,
changes to project activities, target populations, this provision shall be null and void.
service providers, implementation schedules, project
director, designs or research plans set forth in the Discriminatory Vendors
approved agreement, and for any budget changes The Recipient shall disclose to the Department if it or
that affect a cost category that was not included in the any of its affiliates, as defined by §287.134(1)(a),
original budget. Florida Statutes, appears on the discriminatory
vendors list. An entity or affiliate placed on the
Recipients may transfer up to 10% of the total budget discriminatory vendor list pursuant to §287.134,
between current, approved budget categories without Florida Statutes, may not a)submit a bid, proposal, or
prior approval, as long as the funds are transferred to reply on a contract or agreement to provide any
an existing line item. Adjustments are required when goods or services to a public entity; b) submit a bid,
there will be a transfer of 10% or more of the total proposal, or reply on a contract or agreement with a
budget between budget categories. public entity for the construction or repair of a public
building or public work; c) submit bids, proposals, or
Under no circumstances can transfers of funds replies on leases of real property to a public entity; d)
increase the total award. be awarded or perform work as a contractor,
subcontractor, Recipient, supplier, subrecipient, or
Requests for changes to the grant agreement must be consultant under a contract or agreement with any
signed by the Recipient or implementing agency's public entity; or e) transact business with any public
chief official or the chief official's designee. entity.
All requests for changes must be submitted no later Reporting Potential Fraud, Waste, Abuse, and
than thirty(30)days prior to grant expiration date. Similar Misconduct
The Recipient must promptly refer to the Department
III. MANDATORY DISCLOSURES of Law Enforcement, Office of Criminal Justice Grants
any credible evidence that a principal, employee,
Conflict of Interest agent, contractor, subcontractor, or other person has
The Recipient will establish safeguards to prohibit either 1) submitted a claim for grant funds that
employees from using their positions for a purpose violates the False Claims Act; or 2) committed a
that constitutes or presents the appearance of criminal or civil violation of laws pertaining to fraud,
personal or organizational conflict of interest, or conflict of interest, bribery, gratuity, or similar
personal gain. misconduct involving grant funds.
Recipients must disclose in writing any potential Restrictions and certifications regarding non-
conflict of interest to the Department. disclosure agreements and related matters
Recipients or contracts/subcontracts under this award
Violations of Criminal Law may not require any employee or contractor to sign an
The Recipient must disclose all violations of state or internal confidentiality agreement or statement that
federal criminal law involving fraud, bribery or gratuity prohibits, restricts or purports to prohibit or restrict,
violations potentially affecting the grant award. the reporting of waste, fraud or abuse in accordance
with law, to an investigative or law enforcement must be protected from disclosure. It is expressly
representative of a state or federal department or understood that the Recipient's failure to comply with
agency authorized to receive such information. this provision shall constitute an immediate breach of
contract, for which the Department may unilaterally
The Recipient certifies that if is informed or notified of terminate this agreement.
any subrecipient, or contractor/subcontractor has
been requiring their employees to execute Timely Payment of Subcontractors
agreements or statements that prohibit the reporting To the extent that a subcontract provides for payment
of fraud,waste,or abuse that it will immediately cease after Recipient's receipt of payment from the
all further obligations of award funds to the entity and Department, the Recipient shall make payments to
will immediately notify the Department. The Recipient any subcontractor within 7 working days after receipt
will not resume obligations until expressively of full or partial payments from the Department in
authorized to do so from the Department. accordance with §287.0585, Florida Statutes, unless
otherwise stated in the agreement between the
IV. COMPLIANCE WITH STATUTES, RULES, AND Recipient and subcontractor. Failure to pay within
REGULATIONS seven (7) working days will result in a penalty that
shall be charged against the Recipient and paid by
In performing its obligations under this agreement,the the Recipient to the subcontractor in the amount of
Recipient shall without exception be aware of and one-half of one percent (.005) of the amount due per
comply with all State and Federal laws, rules and day from the expiration of the period allowed for
regulations relating to its performance under this payment. Such penalty shall be in addition to actual
agreement as they may be enacted or amended from payments owed and shall not exceed fifteen (15%)
time-to-time, as well as any court or administrative percent of the outstanding balance due.
order,judgment, settlement or compliance agreement
involving the Department which by its nature affects Independent Contractor, Subcontracting and
the services provided under this agreement. The Assignments
following are examples of rules and regulations that In performing its obligations under this agreement,the
govern Recipient's performance under this Recipient shall at all times be acting in the capacity of
agreement. an independent contractor and not as an officer,
employee, or agent of the State of Florida. Neither the
Civil Rights Recipient nor any of its agents, employees,
The Recipient agrees to comply with the Americans subcontractors or assignees shall represent to others
With Disabilities Act (Public Law 101-336, 42 U.S.C. that it is an agent of or has the authority to bind the
Section 12101 et seq.) and shall not discriminate Department by virtue of this agreement, unless
against any employee (or applicant for employment) specifically authorized in writing to do so.
in the performance of this agreement because of
race, color, religion, sex, national origin, disability, Notice of Legal Actions
age, or marital status.These requirements shall apply The Recipient shall notify the Department of potential
to all contractors, subcontractors, subgrantees or or actual legal actions taken against the Recipient
others with whom it arranges to provide services or related to services provided through this agreement or
benefits to clients or employees in connection with its that may impact the Recipient's ability to complete the
programs and activities. deliverables outlined herein, or that may adversely
impact the Department. The Department's Grant
Lobbying Prohibited Manager will be notified within 10 days of Recipient
The Recipient shall comply with the provisions of becoming aware of such actions or potential actions
§§11.062 and 216.347, Florida Statutes, which or from the day of the legal filing, whichever comes
prohibit the expenditure of funds for the purpose of first.
lobbying the Legislature, judicial branch, or a State
agency. No funds or other resources received from Property
the Department in connection with this agreement In accordance with §287.05805, Florida Statutes, any
may be used directly or indirectly to influence State funds provided for the purchase of or
legislation or any other official action by the Florida improvements to real property are contingent upon
Legislature or any state agency. the Recipient granting to the State a security interest
in the property at least to the amount of the State
Public Records funds provided for at least five(5)years from the date
As required by §287.058(1)(c), Florida Statutes, the of purchase or the completion of the improvements or
Recipient shall allow public access to all documents, as further required by law.
papers, letters, or other public records as defined in
§119.011(12), Florida Statutes, as prescribed by Background Check
§119.07(1) Florida Statutes, made or received by the Whenever a background screening for employment or
Recipient in conjunction with this agreement, except a background security check is required by law for
that public records which are made confidential by law employment, unless otherwise provided by law, the
provisions of Chapter 435 Florida Statutes, shall Audits
apply. The Recipient shall comply and cooperate
immediately with any inspections, reviews,
All employees in positions designated by law as investigations, or audits deemed necessary by The
positions of trust or responsibility shall be required to Office of the Inspector General (§20.055, Florida
undergo security background investigations as a Statutes).
condition of employment and continued employment.
For the purposes of the subsection, security In the event that the recipient expends a total amount
background investigations shall include, but not be of state financial assistance equal to or in excess of
limited to, employment history checks, fingerprinting $750,000 in any fiscal year of such recipient(for fiscal
for all purposes and checks in this subsection, years ending June 30, 2017, or thereafter), the
statewide criminal and juvenile record checks through recipient must have a state single or project-specific
the Florida Department of Law Enforcement, and audit for such fiscal year in accordance with §215.97,
federal criminal record checks through the Federal Florida Statutes; applicable rules of the Department of
Bureau of Investigation, and may include local Financial Services; and Chapters 10.550 (local
criminal record checks through local law enforcement governmental entities) and 10.650 (nonprofit and for-
agencies. profit organizations), Rules of the Auditor General. In
determining the state financial assistance expended
V.RECORDS,AUDITS AND DATA SECURITY in its fiscal year, the recipient shall consider all
sources of state financial assistance, including state
Records, Retention financial assistance received from the Department of
Retention of all financial records, supporting Law Enforcement, other state agencies, and other
documents, statistical records, and any other non-state entities. State financial assistance does not
documents (including electronic storage media) include federal direct or pass-through awards and
pertinent to this agreement shall be maintained by the resources received by a non-state entity for federal
Recipient during the term of this agreement and program matching requirements.
retained for a period of five (5)years after completion
of the agreement or longer when required by law. In The schedule of expenditures should disclose the
the event an audit is required under this agreement, expenditures by contract/agreement number for each
records shall be retained for a minimum period of five contract with the Department in effect during the audit
(5) years after the audit report is issued or until period. All questioned costs and liabilities due the
resolution of any audit findings or litigation based on Department shall be fully disclosed in the audit report
the terms of this agreement, at no additional cost to package with reference to the specific contract
the Department. number.
Upon demand, at no additional cost to the If the recipient expends less than $750,000 in state
Department,the Recipient will facilitate the duplication financial assistance in its fiscal year, an audit
and transfer of any records or documents during the conducted in accordance with the provisions of
term of this agreement and the required five (5) year §215.97, Florida Statutes, is not required. In the
retention period. No record may be withheld, nor may event that the Recipient expends less than $750,000
the Recipient attempt to limit the scope of any of the in state financial assistance in its fiscal year and
foregoing inspections, reviews, copying, transfers or elects to have an audit conducted in accordance with
audits based on any claim that any record is exempt the provisions of§215.97, Florida Statutes,the cost of
from public inspection or is confidential, proprietary or the audit must be paid from the non-state entity's
trade secret in nature; provided, however, that this resources(i.e.,the cost of such an audit must be paid
provision does not limit any exemption to public from the Recipient's resources obtained from other
inspection or copying to any such record. than state entities).
These records shall be made available at all Pursuant to §215.97(8), Florida Statutes, State
reasonable times for inspection, review, copying, or agencies may conduct or arrange for audits of state
audit by State, or other personnel duly authorized by financial assistance that are in addition to audits
the Department. conducted in accordance with §215.97, Florida
Statutes. In such an event,the State awarding agency
Acceptance of this award, if applicable, constitutes must arrange for funding the full cost of such
understanding that transmission of Criminal Justice additional audits.
Information (CJI) between locations must be Any reports, management letters, or other information
encrypted to conform to the Federal Bureau of required to be submitted to the Department pursuant
Investigation (FBI) Criminal Justice Information to this agreement shall be submitted within nine (9)
Services (CJIS) Security Policy. Documentation months after the end of the Recipient's fiscal year or
supporting compliance with this requirement must be within 30 days of the Recipient's receipt of the audit
provided during monitoring or prior to closeout. report, whichever occurs first, unless otherwise
required by Florida Statutes:
statute, and state with particularity the reasons for the
Copies of financial reporting packages required by of conclusion that the provision is exempt or confidential.
this agreement shall be submitted by or on behalf of
the Recipient directly to each of the following: Any claim by Recipient of trade secret (proprietary)
confidentiality for any information contained in
The Department of Law Enforcement at: Recipient's documents (reports, deliverables or work
Florida Department of Law Enforcement papers, etc., in paper or electronic form) submitted to
Office of Criminal Justice Grants the Department in connection with this agreement
Post Office Box 1489 cannot be waived, unless the claimed confidential
Tallahassee, Florida 32302-1489 information is submitted in accordance with the
following two paragraphs.
The Auditor General's Office at:
Auditor General's Office The Recipient must clearly label any portion of the
Room 401, Pepper Building documents, data, or records submitted that it
111 West Madison Street considers exempt from public inspection or disclosure
Tallahassee, Florida 32399-1450 pursuant to Florida's Public Records Law as trade
secret. The labeling will include a justification citing
Monitoring specific statutes and facts that authorize exemption of
The Recipient agrees to comply with the the information from public disclosure. If different
Department's grant monitoring guidelines, protocols, exemptions are claimed to be applicable to different
and procedures; and to cooperate with the portions of the protected information, the Recipient
Department on all grant monitoring requests, shall include information correlating the nature of the
including requests related to desk reviews, enhanced claims to the particular protected information.
programmatic desk reviews, site visits, and/or Florida
Department of Financial Services contract reviews The Department, when required to comply with a
and Expanded Audits of Payment(EAP). public records request including documents submitted
by the Recipient, may require the Recipient to
The Recipient agrees to provide the Department all expeditiously submit redacted copies of documents
documentation necessary to complete monitoring of marked as trade secret in accordance with this
the award and verify expenditures in accordance with section. Accompanying the submission shall be an
§215.971, Florida Statutes, Further, the Recipient updated version of the justification, correlated
agrees to abide by reasonable deadlines set by the specifically to redacted information, either confirming
Department for providing requested documents. that the statutory and factual basis originally asserted
Failure to cooperate with grant monitoring activities remain unchanged or indicating any changes affecting
may result in sanctions affecting the Recipient's the basis for the asserted exemption from public
award, including, but not limited to:withholding and/or inspection or disclosure. The redacted copy must
other restrictions on the Recipient's access to funds, exclude or obliterate only those exact portions that
and/or referral to the Office of the Inspector General are claimed to be trade secret. If the Recipient fails to
for audit review. promptly submit a redacted copy, the Department is
authorized to produce the records sought without any
Property Management redaction of proprietary or trade secret information.
The Recipient shall establish and administer a system
to protect, preserve, use, maintain, and dispose of VI. PENALTIES, TERMINATION, DISPUTE
any property furnished to it by the Department or RESOLUTION, LIABILITY AND COMMUNICATION
purchased pursuant to this agreement.
Financial Penalties for Failure to Take Corrective
Recipient's Confidential and Exempt Information Action
By executing this agreement, the Recipient Corrective action plans may be required for
acknowledges that, having been provided an noncompliance, nonperformance, or unacceptable
opportunity to review all provisions hereof, all performance under this agreement. Penalties may be
provisions of this agreement not specifically identified imposed for failures to implement or to make
in writing by the Recipient prior to execution hereof as acceptable progress on such corrective action plans.
"confidential" or "exempt" will be posted by the
Department on the public website maintained by the Termination
Department of Financial Services pursuant to The Department reserves the right to unilaterally
§215.985, Florida Statutes. The Recipient agrees cancel this agreement for refusal by the Recipient to
that, upon written request of the Department, it shall allow public access to all documents, papers, letters
promptly provide to the Department a written or other material subject to the provisions of Chapter
statement of the basis for the exemption applicable to 119, Florida Statutes, and made or received by the
each provision identified by the Recipient as Recipient in conjunction with this agreement, unless
"confidential" or "exempt", including the statutory the records are exempt pursuant to Article I. Section
citation to an exemption created or afforded by
24(a), of the Florida Constitution and §119.07(1), Department for any further or subsequent default by
Florida Statutes. the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this
The Department shall be the final authority as to the agreement shall survive the terms and life of this
appropriation, availability and adequacy of funds. In agreement as a whole.
the event the Recipient fails to fully comply with the
terms and conditions of this agreement, the The agreement may be executed in any number of
Department may terminate the agreement upon counterparts, any one of which may be taken as an
written notice. Such notice may be issued without original.
providing an opportunity for cure if it specifies the
nature of the noncompliance and states that provision In the event of termination, the Recipient will be
for cure would adversely affect the interests of the compensated for any work satisfactorily completed
State or is not permitted by law or regulation. through the date of termination or an earlier date of
Otherwise, notice of termination will be issued after suspension of work.
the Recipient's failure to fully cure such
noncompliance within the time specified in a written Disputes and Appeals
notice of noncompliance issued by the Department The Department shall make its decision in writing
specifying the nature of the noncompliance and the when responding to any disputes, disagreements, or
actions required to cure such noncompliance. In questions of fact arising under this agreement and
addition, the Department may employ the default shall distribute its response to all concerned parties.
provisions in Rule 60A-1.006(3), F.A.C., but is not The Recipient shall proceed diligently with the
required to do so in order to terminate the agreement. performance of this agreement according to the
The Department's failure to demand performance of Department's decision. If the Recipient appeals the
any provision of this agreement shall not be deemed Department's decision, the appeal also shall be made
a waiver of such performance. The Department's in writing within twenty-one (21) calendar days to the
waiver of any one breach of any provision of this Department's clerk (agency clerk). The Recipient's
agreement shall not be deemed to be a waiver of any right to appeal the Department's decision is contained
other breach and neither event shall be construed to in Chapter 120, Florida Statutes, and in procedures
be a modification of the terms and conditions of this set forth in Florida Administrative Code Rule 28-
agreement. The provisions herein do not limit the 106.104. Failure to appeal within this time frame
Department's right to remedies at law or in equity. constitutes a waiver of proceedings under Chapter
The validity of this agreement is subject to the truth 120, Florida Statutes. After receipt of a petition for
and accuracy of all the information, representations, alternative dispute resolution the Department and the
and materials submitted or provided by the Recipient Recipient shall attempt to amicably resolve the
in this agreement, in any subsequent submission or dispute through negotiations. Timely delivery of a
response to Department request, or in any petition for alternative dispute resolution and
submission or response to fulfill the requirements of completion of the negotiation process shall be a
this agreement, and such information, condition precedent to any legal action by the
representations, and materials are incorporated by Recipient concerning this agreement.
reference. The lack of accuracy thereof or any
material changes shall, at the option of the Liability
Department and with thirty (30) days written notice to Unless the Recipient is a state agency or subdivision,
the Recipient,cause the termination of this agreement the Recipient shall be solely responsible to parties
and the release of the Department from all its with whom it shall deal in carrying out the terms of this
obligations to the Recipient. This agreement shall be agreement, and shall save the Department harmless
construed under the laws of the State of Florida, and against all claims of whatever nature by third parties
venue for any actions arising out of this agreement arising out of the performance of work under this
shall lie in Leon County. If any provision hereof is in agreement. For purposes of this agreement, Recipient
conflict with any applicable statute or rule, or is agrees that it is not an employee or agent of the
otherwise unenforceable, then such provision shall be Department, but is an independent contractor.
deemed null and void to the extent of such conflict, Nothing herein shall be construed as consent by a
and shall be deemed severable, but shall not state agency of the State of Florida to be sued by
invalidate any other provision of this agreement. third parties in any matter arising out of any contract.
No waiver by the Department of any right or remedy Nothing in this agreement shall be construed to affect
granted hereunder or failure to insist on strict in any way the Recipient rights, privileges, and
performance by the Recipient shall affect or extend or immunities under the doctrine of"sovereign immunity"
act as a waiver of any other right or remedy of the and as set forth in§768.28, Florida Statutes.
Department hereunder, or affect the subsequent
exercise of the same right or remedy by the
Section VI: Signatures
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 permitted.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Typed Name and Title: Rona Kay Cradit, Bureau Chief
Date:
Recipient
Boynton Beach Police Department
Signature:
Typed Name and Title Michael Gregory, Chief of Police
Date: