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R01-248RESOLUTION NO. 01- oqt48 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCE~T BLOCK GRANT IN THE AMOUNT OF $160,939 WITH THE CITY OF BOYNTON BEACH TO PROVIDE A 10% MATCHING FUND IN THE AMOUNT OF $17,882; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARI~; AND PROVIDING AN EFFECTIVE DATE. / I. WltEREAS, the City of Boynten Beach Police Department applied for and has. been awarded a grant from the U.S. Department of Justice; and WHEREAS, said grant is in the mount of $160,939 with a which match totals $17,882. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Be: and directs the Mayor and City Clerk to accept and execute the cai match of 10%, OMMISSION OF h hereby authorizes 'ant from the U.S. Depat~unent of Justice in the amount of $160,939 and to provide the sum of $17,882 to serve as the City's Local Match, which matching funds have been provided for by the Police Department in the current budget. A copy of the agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~4 day of September, 2001, U,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARD ] GRA~T 5, PROJECT PERIOD: FROM BUDGET PERIOD: FROM PAGE 1 OF 5 2A, SUBGRANTEE IRS/VENDOR NO. $0.00 S160.939 $160.939 13, STATUTORY AUTHORITY FOR GRANT ~ TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 196g TYPE OF FUNDS: 21, LlgMI4 LI01U03923 U.S, DEPARTMENT OF JUSTICE OFFICE OF SUSTICE PROGRAMS AWARD CONTINUATION SHEET PAGE 2 OF 5 SPECIAl, CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edi'tion of the ~ Office of Justice Programs (OJP) Financial Guide. The recipient agre~ to comply with the organizational audit requirements of OMB Circular, &-133, Audits of States, Local Governments and Non-Profit Orgedizaflons, as fur~ber described in OJP's Financial Guide, Chapter 19. The recipient acknowledges that failure to submit an acceptable Equal Employment Oppotmmty[ Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination o f funding, until such time a~ the recipient is in compliance. 4. The recipient agrees dmt red,al funds under this award will be used to supplement but not mpplant state or lo, al funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. Thc recipient shall submit one copy o f all reports and proposed publicatioas resulmig from thil agreement .,t.,w__~nty (20) days prior t~ public release. Any publications (written, visual, or soundL whether published a~ thc recipient s or government's expense, shall contain the following statement: (NOTE This excludes press re eases, newsletters, and issue analysis.) "This project was supported by errant No. 2001-LB-BX-3923 awarded by the Bureau of Justi, of Justice Programs. U.S. Department of Jueticn. Points of view in this document am those of necessarily represent the official position or policies of the U.S. Department of Justice." The recipient agrees to pmvida information required for any national evaluation conducted by Justice. The recipient agree; if thn funds are used for the hiring and employing of now. additional law and/or support personnel, es described in the applicable purpose area of Subpart A section 101 104th Cong. ( 1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administraflve public safety service. If the funds ar~ used. f~r the hiring and employing of new, addifloanl law enforcement officers and/or support personnel, tl~ unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as desen'bed in section 1141 of Titie 10, United States Code), approve~ for separation under section 1174a or 1175 of such tifle, or retired pursuant to the authority provided under section ,}403 of the Defense Conversion, Reinvestmetir, and Tranzitlon Assistance Act of 1992 (division D of Public Law 102-484; i0 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement ~fficers or support personnel. e Assistance, Office se author and do not :he U.S. Deparunent of mforcement officers 'aX2) of H.IL 728, U.S. DEPARTMENT DF JUSTICE OFFICE OF JUSTICE PROGRAMS BJs ovc CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET [] o~,a, rr PAGE 3 OF 5 SPECZ4L CONDITIONS CONTINUED I0. 11. 12. I3. t4, The recipient agrees this award document consthut~s the obligation of federal funds for use b execu~on of the program or project covered by the award. Such obligation may be terminate the recipient fails to affirm its timely utilization of the award by accepting ~he award and spec calendar days from the date of award. Thc recipient agrees to submit the Request for Dmwdown via the Intamct system within 90 c~ date of award, or to have all funds deobligated for redistribution during the nvxt funding cych The recipient agrees to one 24 month obligation and expenditure period, as established at the for Dmwdown. All funds must be expended by the end of this 24 mon~ period with no exceI The recipient is required to establish a trust fired account. This fund may not be used to payd~ activities beyond the scope bf the Local Law En for~cment Block Grants Program. The recipi~ obligate and expend the grant funds in the trust fund (including any interest earned) during thc Grant funds (including any interest earned) not .~xpencled by the end of the 24 month peried tr Bureau of Justice Assistance CBJA)'by the end of the 27th month, along with the final submis~, StatUs Report (SF-269A). The recipient agrees to submit one final progress report via the futemet system at the end of~ and expenditure period. The recipient agrees, if funds are used by the rempient or subrecipient for enhancing sea. mW, subrecipient - - under subparagraph (B) of section lOl(a)(2), on the incidence of crime in the geographic area (b) will conduc~ such an assessment with respect to each such enhancement; and. (c) will submit to the Bureau of Jusllen Assistance (BJA) an annual assessment report via the I r the recipient in [ without fia'ther cause if al conditions within 45 lendar days from the pprovai of the Reclues~ tions. bts incurred by other nt also agrees To 24 month period. Jst be retUrned to the [on of the Financial ; 24 month obligation hat the recipient or we that is undertaken vhere the enhancemem The recipient ag~es to comply with 28 CFR Part 22 if federal funds are used to rapport Criminal Intelligence Sysrems. U,S. DEPARTMENT OF JUSTICE DFFICE OF JUSTICE PROGRAMS AWARDCONTINUA~ON SHEET PAGE 4 OF 5 SPECL4L CONDITIONS CONTINUED 15. The re?pie~t agre~ .to.assist BJA in eompl~ng with.the National Environmental Policy Act ~NEPAI and other related I federal en .v~.nmental ~np.~t analy, ses reqmremems in the use of these grant fimds, either di~edy by the recipient or by a subreclplent. Accordingly, prior to obligating gra~ funds, the recipient agrees to first ddtermina if env of the following activities will be related to the use ofthe grant funds. The recipient understands that this special'condition ?pplies to its f~llov~.n .g n .ev~ a?ivities, whether ~r not they are being specifically funded with ~hese grant funds. That is, as long as ~he activity is being 9ondocted by the recipient, a subrecipient, or any third pa~, and the activity needs to be mxlartaken m order to use these grant funds, this special condition must firs~ be met. Tl~e activities covered by this special condition are: I. New construction: 2. Mi~or renovation or remodeling ora property either (a) listed on or eligible for listing on ~he National Register of Histonc Places or CO) located within a 100-y¢~ flood plain; 3. A renovation, lease, or any proposed use of a build~g or faciliE~ that will either (a) result ih a change in its basic prior use or Co) sigrdficentiy change its size; and, .4. ~mple_mentafion ora new program invdivlng the use of chemicals other then chemicals that are (a) purchased as au lncldenlni component of a funded activity and Co) traditionally used, for example, in office, h~usehold, recreational, or edticational environments. Application of This Special Condition to R~cipient's Existing Programs or Activillas: For any of the recipient's or its subrecipienfs existing programs or activities that will be thnde~ with these grant funds, the r~;i~em, upon specific request from BSA, agrees to cooperate with BJA in any preparation by BJA of a nationa[ or prog~am'environmentat assessment of that funded program or activity. 16. The redipient agrees to ensure that the Stare In~rmation Technology Point of Contact receives wrktan notification .regal_ ,- ..g.~ny inforam~on teelmology project funded by this grant during the obligation and expenditore period. This is ta faedita~¢ communication among laeal and state governmental entities regarding vario~ i~ormafion technology pro4eets being conduced with thasegmnt funds. In addition, the recipient agrees to maintain ~m administrative file documenting th~ meeting of~ requirement. For a list of Stato Information Technology Pdi~ts of Contact, go to ht~p://www.ojp.usdoj.gov/eedstates.htm _ [7. .Th_e recipient agr,_e~ to provide end expend a 10 percent cash match (caleulatod as 1/9 of the federal award m~nount) before the. end ff~the 24 month obligation and expenditure period. The recipient is reminded ~ mt tha matching thnds are auditabla under Special Condition #2 and will be binding to the recipient. AWARD CONTINUATION SHEET PAGE $ OF 5 18. 19. 20. 21. SPECZ41. CONDITIONS CONTINUED The recipient agrees flint prior to the obligalion or exl~ndituro of any LLEBG funds, at least ~en (1) public hearing will b~ held r~garding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via thc lnt. ernet system, ?f, the public heanng. At the hearing, p~rsons shall bo given an opponun vd to provide w~it~en and oval we_ws ? the rempient on the proposed use(s) of the grant funds. Th~ recipient will hold the public hearing at a time and place that allows and encourages public attendance and parlieipation. The r~ciplant may not request a drawdown of funds unRl these requirements are met and the formal budget allecalions are ad~pted by the recipiant. / The recipient agrees that prior to the obligation or expendi~re of any LLEBG funds, a previo~aly designated or newly estabhshed advisory beard will rn~t to discuss the proposed us~(s) of the grant funds. The r~dipient will desi~ate the advisory board to make nonbindlng r~commendetions on the use(s) of funds trader the LLEBG Program. Membership on the advisovd board must include a representative from the following, though it may b~ broader. a) the local police department or sheriffs depuranenr, b~ the local prosecutor's office; c) the local court system; the local school system: and. e) a local nonprofit~ educatioml, religious, or community group active in crime prevention or drug use prevention or The recipient may not request a dvawdown of funds until these requirements are met and the I budget allocations are adopted by thc recipient. The recipient has certified it is not in compliance with the Public Safet~ Officers' Health Ben~fits Provision afth¢ Fiscal Year 2001, _Dep._a~_. ? of Commerce, Justice, and Steto, the Judiciary, and Relst~l Agencies Appropriations Act (Pub. L. No. t 06-553). Therefore, the reeipiont will receive not more than 90 percent of the eligible award amonnt (or, if less then the ellgthle emouot wa~ requested, of that amonnO. This provision malces no allowances for a unit oflonal government to come into compliance during the life of the gram; cons~tuently BJA will not consider requests to adjust the adjust~ award amount. The recipient agrees that funds provided under this award may not be used to operate a "p,,a_y_-t o- stay" ,?_o gram n any localjniL The rceipient forther agrees not to subaward funds to local jalls whieh operate pay-~o-stay programs.