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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 C:\Users\Stanzione'MppData\Local\Microsoft\Windows\INetCache\IE\DHL I SBRX\FDLE_Identity_Theft_and_Fraud_Grant_(2019-20)_- _Reso.docx 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 ' C:\Users\StanzionellAppData\Local\Microsoft\Windows\INetCache\IE\DH L 1 S8 RX\FDLE_Identity_Theft_and_Fraud_Grant_(2019-20)_- _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: