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Res 41-73A EXHIBIT "A" RESOLUTION NO. 41-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY.. OF DELRAY BEACH, FLORIDA, REGARDING THE PUR- CHASE OF CO~v~quNICATIONS EQUIP~ENT FOR LAW ENFORCE~ENT PURPOSES. WHEREAS, the City Council of the City of Delray Beach herein called the "Applicant", after thorough consideration of the problem and available data, has hereby determined that the project described below is in the best interests of the general public: Purchase of communications equipment for law enforcement purposes; and, WHEREAS, under the terms of Public Law 90-351 as amended, the · United States of America has authorized the Law Enforcement Assist- ance Administration, through the Florida Governor's Council on Criminal Justice, to make Federal Grants to assist local governments in the improvement of criminal justice; and, WHEREAS, the Applicant has examined and duly considered such Act and the Applicant considers it to be' in the public interest and to its benefit to file an application under said Act and to author- ize other action in connection therewith, NOW, THEREFORE, BE IT RESOLVED BY t~{E CITY COUNCIL OF THE CITY OF DELr~AY BEACH, FLORIDA, AS FOLLOWS: 1. That the project generally described above is in the best interests of the Applicant and the general public. 2. That J. Eldon Mariott, City Manager, be hereby authorized to file in behalf of the Applicant an application in the form pre- scribed by the Florida Governor's Council on Criminal Justice in conformity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. 3. That if such grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. 4. That the Applicant is aware that at least forty (40) per- cent of the minimum required non-federal cost of the project be appropriated cash and that such funds designated as local hard cash contributions in all related project budget schedules that are to be provided by the Applicant are hereby appropriated new funds for Criminal Justice use for the express purpose of matching the ~LE~A funds. 5. That said J. Eldon Mariott, City Manager, is hereby author- iz(~ to furnish such information and take such other action as may be necessary to enable the Applicant to qualify for said grant. 6. That the Official designated in the preceding paragraph is hereby designated as the authorized representative of the Appli- cant for the purpose of furnishing to the Florida Governor's Council on Criminal Justice such info~mation, data and documents pertaining to the application for said grant as may be required and otherwise to act ~s the authorized representative of the Applicant in connection with this application. 7. That certified copies of this resolution be included as part of the application for said grant to be submitted to the Florida Governor's Council on Criminal Justice. 8. That if such grant be made, the Applicant or Official designated in paragraph 4 above shall maintain such records necessary and furnish such information, data and documents as required by the Florida Governor's Council on Criminal Justice to support the imple- mentation of the project generally described above. 9. That this resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED IN REGULAR SESSION ON THIS THE 10TH DAY OF SEPTE~BER, 1973. ATTEST: City Clerk~ -- STATE OF FLORIDA COUNTY OF P~M BEACH I, HALLIE E. YATES, do hereby certify that I am the duly qualified and acting City Clerk of the City of Delray Beach, Palm Beach County, Florida. I further certify that the above and foregoing is a true and correct copy of Resolution No..41-73, passed and adopted in regular session on Septe~er 10, 1973, the original of which is on file in my office at the City Hall, Delray Beach, Florida. IN WI~ESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of said City this llth day of Septe~er, 1973. ' City Clerk -' -2- Res. No. 41-73. STATE OF FLORIDA Part IV Page 2 GOVER,'JOR'S COUNCIL ON CRIMINAL JUSTICE Compliance/Ad ministrative SUBGRANT APPLICATION Exhibit B Standard Subgrant Conditions SL)PE RSEDES: Effective Date Approved By: James R. Stewart, Director Section Page Approval Date: May, 1973 The applicant understands and agrees to the following conditions applicable to the administration of grants under Part 13, Part C and Part E of Title I, P.L. 90-351, as amended by Title I, P.L. 91-644: 1. Reports. The subgrantee shall submit, at such excluded from participation in, be refused the thnas and in such form as may be prescribed, such benefits of, or be otherwise subjected to reports as the GCCJ may reasonably require, discrimination under grants awarded pursuant to P.L. i~cluding quarterly financial reports and progress 90-351 as amended by P.L. 91-644 or any p~'oject, reports and final financial and narrative reports, program, activity, or subgrant supported by such grants. Subgrantees must comply with the provisions Z. Copyrights and Rights in Data. Where activities and requirements of Title VI of the Civil Rights Act suloported by this grant produce original computer of 1964 and regulations issued by the Department of programs, writing, sound recordings, pictorial Justice thereunder as a condition of award of Federal reproductions, drawings or other graphical funds and continued grant support. Subgrantees representation and works of any similar nature {the further must comply .with the Justice Department's torm computer program includes executable equal employment opportunity regulation in cornputer programs and supporting data in any form), Federally assisted programs, to the end 'that tile GCCJ has the right to use, duplicate and disclose, discrimination in employment practices of State in whole or in part, in any manner for any purpose planning agencies, law enforcement agencies and whatsoever and have others do so. If the material is other agencies or offices administering, conducting, copyrightable, the subgrantee may copyright such, or participating in any program or' activity receiving ~nd the GCCJ reserves a royalty-free non-exclusive F0deral financial assistance, on the grounds of race, and irrevocable license to reproduce, publish, and use color, creed, or national origin, be eliminated. This such materials, in whole or in part and to authorize grant condition shall not be interpreted to require the o~hers to do so. imposition in State plans or planning agency subgrant programs of any percentage ratio, quota system, or 3. Patents. If any discovery or invention arises or is other program to achieve racial balance or eliminate developed in the course of or as a result of work racial imbalance in a law enforcement agency. The performed under this grant, the subgrantee shall refer United States reserves to itself the right to seel~ the discovery or invention to LEAA through the judicial enforcement to insure compliance with the GCCJ. The subgrantee hereby agrees that foregoing conditions prohibiting discrimination. determinations of rights to inventions made under this grant shall be made by the LEAA, who shall have Subgrantee makes assurance that the implementing the sole and exclusive powers to determine whether criminal justice agency has and/or will formulate an or not and where a patent application should be filed equal employment opportunity program in and to determine the disposition of all rights in such accordance with 28 CFR 42.301, et seq., Subpart E, inventions, including title to and license rights under and that it is on file held by the subgrantee or agency any patent application or patent which may issue thereof, for review or audit by officials of tile GCCJ thereon. The determination of the LEAA shall be and/or the LEAA, as required by relevant laws and accepted as final. In addition, the subgrantee hereby regulations, or that, in conformity with the terms and agrees and otherwise recognizes that the government conditions of cited regulation no equal employment shall acquire at least an irrevocable non-exclusive opportunity programs are required to be filed by royalty-free license to practice and have practiced subgrantee jurisdiction. throughout the world for governmental purposes any i~,vention made in the course of or under this grant. 5. Termination of Aid. This subgrant may be The subgrantee shall include provisions appropriate to terminated or fund payments discontinued by GCCJ effoctuate the purposes of this condition in all where it finds a substantial failure to comply with the contracts of employment, consultant's agreements or provisions of P.E. 90-351 or regulations promulgated contracts, thereunder, including these grant conditions or application obligations, but only after notice and 4. Discrimination Prohibited. No person shall, on hearing and pursuant to all procedures set forth in the grounds of race, creed, color or national origin, be Sections 510 and 511 of P.L. 90-351. ST^T~ OF FLOmOA Part IV Page 3 ' * GOVERNOR'S ~OLINCII~ ON CRIMINAL. JUSTICE Compliance/Administrative SUE~GRANT APPLICATION Exhibit B Standard Subgrant Conditions SUPE RSF' DES: Effective Date Approved By: James R. Stewart, Director s,~,io, N/A "*,. N/A A,,,o,,, Date: ~ay, 1973 6. Responsibility of Subgrantee. The subgrantee 13. Allowable Costs. The allowability of costs m~st establish fiscal control and fund accounting incurred under any subgrant shall be determined in procedures which assure proper disbursement of and accordance with the general principles of allowabili~ accounting for, grant funds and required non-federal and standards for selected cost items set forth in expenditures. All moneys spent on this project will be Bureau of Budget Circular No. A-87, "Principles for disbursed in accordance with provisions of the project Determining Costs Applicable to Grants and budget as said budget was approved by the Contracts with State and Local Governments", as Governor's Council on Criminal Justice. further defined and delineated in conditions 14 and 15 below, and in the LEAA Financial Guide for 7. Recording and Documentation of Receipts and Administration of Planning and Action Grants. These .Expenditures. Accounting procedures must provide costs have been extracted from Circular No. A-87, for an accurate and timely recording of receipt of and the LEAk Financial Guide and incorporated in funds by source, of expenditures made from such the GCCJ Administration Manual for Sub~Irant funds, and of unexpended balances. Controls must be Awards. established which are adequate to insure that Allowability of the costs of equipment expenditures charged to grant activities are for allowable purposes and that documentation is readily purchased with federal funds will be reduced to the extent or resale or recovery va~ue where use of such availaSle to verify that such charges are accurate. equipment for carrying out the purposes of the grant project is discontinued (during the life of the project) 8. Utilization and Payment of Funds. Funds or use for law enforcement purposes is discontinued awarded are to be expended only for purposes and (after completion of the project) unless all credits activities covered by the subgrantee's approved relating to such contingencies as set forth in Section project plan and budget. Payments will be made on C.3 or O.M.B. Circular A-87 ("Applicable Credits") the basis of periodic requests and estimations of fund are applied to offset or reduce grant charges. needs submitted by the subgrantee. 14. Expenses Not Allowable. Subgrant funds may 9. Appticability of State and Local Practices. not be expended for (a) items not part of the. Except where inconsistent with federal requirements, approved budget or separately approved by GCC J; (b) state procedures and practices will apply to funds purchase or construction of land and buildings or disbursed by the subgrantee. 'Thus, the Operating improvements thereon, or payment of real estate Procedures of the General Accounting Division, mortgages or taxes, unless specifially provided for in Comptroller's Office, State of F{orida, must be the subgrant agreement; (c) dues to organizations or complied with. federations; (d) entertainment including luncheons, banquets, gratuities or decorations; (e) purchase of 10. Non-supplanting. Federal funds made available automobiles or other automotive vehicles unless for grants may not be so used as to supplant state or provided for in the subgrant agreement; or (f) indirect local funds that would be available in the absence of (overhead) costs, where subgrantee does not have an sucl) federal funds for law enforcement activities but audited indirect expense allocation system and rate rather will be so used as to increase such state or local acceptable to LEAA. Expenditure of funds in excess funds, of the submitted total cost estimate for any major budget category will be permitted only with GCCJ 11. Inspection and Audit. GCC J, LEAk and the approval where this involves an increase of more than Comptroller General of the United States, or any of 15 percent in the total category cost estimate. Such their duly authorized representatives, shall have increases will be deemed, in effect, to constitute an access for purpose of audit and examinations to any amendment of the subgrant application and award books, documents, papers, and records of the requiring GCCJ concurrence. subgrantee, and to relevant books and records of 15. Written Approval of Changes. Subgrantees must subgrantees and contractors, as provided in Section obtain prior written approval from GCCJ for major 521 of P.L 90-351. project changes. These include (a) changes of substance in project activities, designs, or research 12. Maintenance of Records. Ail required records plans set forth in the approved application; (b) shall be maintained until an audit is completed and ali changes in the project director or key professional questions arising therefrom are resolved, or three personnel identified in the approved application;and years after completion of a project, whicheve~ is (c) changes in the approved project budget as sooner, specified in the preceding condition. ?;;"'~'| ~13-~ GOVERNOR'S COUNCIL ON CRIMINAL JUSTICE Bradenton, Florida ~ Phone (813) 74~61~ R~UmN O'~. ASkeW ~AM~S R. STEWAR~ GOVERNOR ~U~e [~, [~ DIRECTOR MEMORANDUM NO. 22 From: ~~~DLT2~N~'~, C'~/M~FAL JUSTICE PLANNER - D'ISTRIG T IV Subject: MEMOR_ANDUM NO. 19 DATED JUNE I, 1973 RE: GOVERNOR'S COUNCIL ON CRIMINAL 3USTICE, 1973 PROGIKAM DOCUMENTS Please note the following change in 1973 Subgrant Application form and refer to Part IV, Page 4, Compliance/Administration Section, Exhibit B/Standard Subgrant Condition; #16. The proper wording of the condition is as follows: 16. Project Income. All interest or other income earned by the subgrantee with respect to grant funds or as a result' of conduct of the grant project (sale of publications, registration fees, service charges on fees, etc.) must be accounted for. Interest on grant funds must be returned to GCCJ by check payable to the Treasurer of the State of Florida, and other income should be applied to project purposes or in reduction of project costs. Immediately following "project costs" (5th line from bottom) the sentence should be ended with the insertion of a period. Ali wording following "project costs" (remaining portion of 5th line and bottom 4 lines) should be deleted. JQD/rhd STATE OF FLOalDA Part iV Page 4 (;£)VEi'~FIOR~S COUNCIL ON CRIMINAL JUSTICE . Compliance/Adrninistrative SUBGRANT APPLICATION Exhibit B Standard Subgrant Conditions suPE RS;~DE$: Effective Date Approved By: James R. Stewart, Director s~t~o, N/A ,~ge N/A App,ov~, Date: May, 1973 1'6. Project Income. All interest or other income 19. Third Party Participation. No contract or earned by the subgrantee with respect to grant funds agreement may be entered into by the grantee for or as a result of conduct of the grant project (sale of execution of project activities or provision of services publications, registration fees, service charges on fees, to a subgrant project (other than purchase of supplies etc.) must be accounted for. Interest on grant funds or standard commercial or maintenance services) must be returned to GCCJ by check payable to the which is not incorporated in the approved proposal or Treasurer of the State of Florida, and other income approved in advance by GCCJ. Any such arrangement should be applied to project purposes or in reduction shall provide that the subgrantee will retain ultimate of project costs provided, however, that if the control and responsibility for the subgrant project subg~antee is a unit of government, the subgrantee and that the contractor or subgrantee shall be hound shall not be accountable for interest earned on by these subgrant conditions and any other subgrant funds pending their disbursement or actual requirements applicable to the subgrantee in the aPplication for project purposes, conduct of the project. GCCJ shall be provided with a copy of all such contracts and agreements entered 17. Title to Property. Title to property acquired in into by subgrantees. whole or in part with subgrant funds in accordance with approved budgets shall vest in the subgrantee, 20. Obligation of Grant Funds. Subgrant funds may subject to divestment at the option of GCCJ (to the not, without advance written approval by GCC.l. be extent of GCCJ contribution toward the purchase obligated prior to the effective date or subsequent to thereof:) exerciseab!e only upon notice within. 120 the termination date of the subgrant period. days after the end of the subgrant period or Obligations outstanding as of the termination date termination of the subgrant. Subgrantees shall shall be liquidated within 90 days. Such obligations exercise due care in the use, maintenance, protection must be related to goods or services provided and and preseryation of such property during the period utilized within the subgrant period. of project use. 21. Fiscal Regulations. The fiscal administration of 'rhe title and control of Part E funds and title to subgrants shall be subject to such further rules, property may not be transferred to private agencies, regulations, and policies, concerning accounting and profit-making or otherwise, even though these may be records, payment of funds, cost allowability, utilized in the implementation of Part E efforts submission of financial reports, etc., as specified in including that purchase of services and Part E funds the GCCJ Administration Manual for Subgrant and property will not be diverted to other than Awards. correctional uses. 22. Subgrants for Construction. The subgrantee 18. Publications. The subgrantee may publish, at its hereby agrees that it will incorporate or cause to he own expense, the results of subgrant activity without incorporated into any contract for construction prior review by GCCJ provided that any publication work, or modification thereof, as defined in the (written, visual, or sound) contains an regulations of the Secretary of Labor at 41 CFR acknowledgment of LEAA and GCCJ grant support. Chapter 60, the following equal opportunity clause: Publication of documents or reports with subgrant funds beyond quantities required to meet standard During the performance of the contract, the report requirements must be provided for in approved contractor agrees as follows: project plans or budgets or otherwise approved by GCCJ and, for large quantity publication, a. The contractor will not discriminate manuscripts must be submitted in advance to GCCJ. against any employee or applicant for employment because of race, color, All published material and written reports submitted religion, sex, or national origin. The under this subgrant or in conjunction with contracts contractor will take affirmative action to under the grant must be originally developed material ensure that applicants are employed, and unless otherwise specifically provided in the grant or that employees are treated during contract document. When material, not originally employment without regard to their race, developed, is included in the report, it must have the color, religion, sex, or national origin. source identified, 'l'hi~ identification may be in the .. Such action .shall include, but not be body of lhe report or by footnote. This provision is limited to the following: employment, applicable when the material is in a verbatim or upgrading, demotion, or transfer; extensive paraphrase format, recruitment or recruitment advertising; STALE OF FLORIDA Part IV Page 5' GOVERNOR'.g. CO?NC.IL ON CRIMINAL JUSTICE . , . Compliance/Administrative SUBGRANT APPLICATION Exhibit B Standard Subgrant Conditions SUPE F~$EDE~G: Effective Date Approved By: James R. S~ewar~, Director s.~,io. N/A ,.0. N/A Approval Date: May, 1973 layoff or termination; rates of pay or terminated, or suspended in whore or in other forms of compensation; and part and the contractor may be declared selection for training, including ineligible for further Government apprenticeship. The contractor agrees to contracts or federally assisted post in conspicious places, available to' construction contracts in accordance ~,Jith employees and applicants for procedures authorized in Executive Order employment, notices to be provided 11246 of September 24, 1965, and such setting forth the provisions of the other sanctions may be imposed and nondiscrimination clause, remedies invoked as provided in Executive Order 11246 of September 24, b. The contractor will, in all 1965, or by rule, regulation, or order of solicitations or advertisements for the Secretary of Labor, or as otherwise employees placed by or on behalf of the provided by law. contractor, state that all qualified applicants will receive consideration for g. The contractor will include the employment without regard to race, portion of the sentence immediately color, religion, sex, or national origin, preceding paragraph ia) and the provisions of paragraphs ia) through (g) c. The contractor will send to each in evory subcontract or purchase order labor union or representative of workers unless exempted by rules, regulations, or with which he has a collective bargaining orders of the Secretary of Labor issued agreement or other contract or pursuant to section 204 of Executive understanding, a notice to be provided Order 11246 of September 24, 1965, so advising the said labor union or workers' that such provisions will be binding upon representatives of the contractor's each subcontractor or vendor. The commitments under this section, and contractor will take such action with shall post copies of the notice in respect to any subcontract or purchase conspicuous places available to employees order as the administering agency may and applicants for employment, direct as a means of en[orcing such provisions, including sanctions for d. The contractor will comply with all noncompliance; provided, however, that provisions of executive Order 1t246 of in the event a contractor becomes September 24, 1965, and of the rules, involved in, or is threatened with. regulations, and relevant orders of the litigation with a subcontractor or vendor Secretary of Labor. as a result of such direction by the administering agency, the contractor may e. The contractor will furnish ail request the United States to enter into information and reports required by such litigation to protect the interests of Executive Order 11246 of September 24, the United States. 1965, and by rules, regulations, and orders of the Secretary of Labor, or The subgrantee further agrees that it will pursuant thereto, and will permit access be bound by the above equal opportunity to his books, records, and accounts by clause with respect to its own the administering agency and the employment practices when it Secretary of Labor for purposes of participates in federally assisted investigation to ascertain compliance with construction work; provided, that if the such rules, regulations and orders, applicant so participating is a State or local government, the above equal f. In the event of the contractor's opportuniW clause is not applicable to n o n c o m p I i a n c e w i t h t h e a ny agency, instrumentality or nondiscrimination clauses of thi:~contract subdivision of such government which or with any of the said rules, regulations, does not participate in work on or under or orders, this contract may be cancelled, the contract. STATE OF FLORIDA Part IV Page 6 OOVERNOR'S COU~_~CIL ON CRI~tlNAL JUSTICE Compliance/Administrative SUBGRANT APPLICATION Exhibit B Standard Subgrant Conditions SUPF [;~S[:DES: Effective Date Approved By: James R. Stewart, Director Section N/A ,,,e N/A Ap,reval Date: May. 1973 The subgrantee agrees that it will assist contractor for 100 percent of the and cooperate actively with LEAA and contract price and a payment bond on the Secretary of Labor in obtaining the the part of the contractor for 100 p~rcent compliance of contractors and of the contract price. subcontractors with the equal opportunity clause and the rules, Subgrants of Part E funds for regulations, and relevant orders of the construction purposes shall be Secretary of Labor, that it will furnish accompanied by a statement of objectives LEAA and the Secretary of Labor such of the proposed facilities, architectural information as they may require for the programs, ' schematics, outline supervisicn of such compliance, and that specifications and cost estimates; and, it will otherwise assist LEAA in the shall include a certification of the manner discharge of the agency's primary and means through which needed responsibility for securing compliance, constructural services (site preparation, u ti I ity through which building The subgrantee further agrees that it will construction, purchases of equipment and refrain from entering into any contract or fixture, etc.) will be obtained in contract modification subject to accordance with the applicable provisions Executive Order 11246 of September 24. of appropriate State and/or local law, 1965, with a contractor debarred from. rules or regulations. or who has not demonstrated eligibility for, Government contracts and federally Subgrants to Part E funds for facilities assisted construction contracts pursuant construction or renovation, regardless of to the Executive Order and will carry out size, shall require that architectural and such sanctions and penalties for violation other needed professional services shall be of the equal opportunity clause as may be obtained upon the basis and i m posed upon contractors and consideration of professional competence subcontractors by the administering to deliver the required services. agency or the Secretary of Labor Contractual fee obligations for such pursuant to Part II, Subpart D of the services shall be in ~ccordance with the Executive Order. In addition, the prevailing suggested fee schedules of subgrantee agrees that if it fails or refuses recognized professional organizations. to comply with these undertakings, LEAA may take any or all of the 23. Building Access for Physically Handicapped. following actions: cancel, terminate, or Any building construction funded from Part E suspend in whole or in part this grant; allocations and for which there is an intended use refrain from extending any further that will require that such building or facility be assistance to the subgrantee under the accessible to the public or may result in the program with respect to which the failure employment or residence therein of physically or refund occurred until satisfactory handicapped persons must be so constructed as to assurance of future compliance has been assure that physically handicapped persons will have received from such applicant; and refer ready access to, and use of, such buildings. the case to the Department of Justice for appropriate legal proceedings. 24. Information Systems. In respect to programs related to Criminal Justice Information Systems, the Subgrants of Part E funds for subgrantee agrees to insure that adequate provisions construction or facilities which require are made for system security, the protection of letting a contract amounting to $100,000 individual privacy and the insurance of the integrity or more to a private company or and accuracy of data collection. Subgrantee agrees to individual must require a bid guarantee adhere to policies and procedures contained in a equivalent to 5 percent of the bid price, a Master Plan for Criminal Justice Information Systems performance bond on the part of the in the State of Florida. SYATF_ OF FLORIDA Part IV Page 7 ' : GOV£ RNOR',~ CO~INC.IL ON CRIMINAL JUSTICE . , Compliance/Administrative SUBGRANT APPLICATION Exhibit B Standard Subgrant Conditions SUPE RSEOES: Effective Date Approved By: James R. Stewart, Director sectio. N/A Page N/A Approval Date: May, 1973 The subgrantee further agrees: maintained pursuant to this title shall be subject to prosecution under the provisions of Section 1001 of a. That all computer software Title 18, United States Code. Any law enforcement produced under this grant will be made program or project underwritten, in whole or in part, available to the LEAA through the GCCJ by any grant or contract or other form of assistance for transfer to authorized users in the pursuant to this title, whether received directly or criminal justice community without cost indirectly from LEAA shall be subject to the other than that directly associated with provisions of Section 371 of Title 18, United States the transfer. Systems will be documented Code. in sufficient detail to enable a competent data processing staff to adapt the system, 26. Release of Information. Pursuant to Section 521 or portions thereof, to usage on a of the Act, as amended, all records, papers and other computer of similar size and documents kept by recipients of LEAA funds, configuration, of any manufacturer, including contractors for subgrantees relating to the receipt and disposition of such funds, are required to b. To provide a complete copy(les) of be made available to the LEAA and/or the GCCJ. documentation to the GCCJ upon These records and other documents submitted request. Documentation will include, but pursuant to other provisions of the Act, are required not be limited to System Description, to be made available by LEAA under the terms and Operating Instructions, user Instructions, conditions of the Federal Freedom of Information Program Maintenance Instructions, input Act (5 U.S.C. 552) forms° file descriptions, report formats, program listings and flow charts for the 27. Use of Airplanes and Helicopters. Airplanes and system and programs, helicopters purchased in whole or in part with grant funds must be used for the purposes stated in the c. That whenever possible all application and may not be used for non-law applicable programs will be written in enforcement purposes by State and local officials. ANS COBOL in order that they may be transferred readily to another authorized 28. Educational Support. No person in the United user. Where the nature of the task States shall, on the basis of sex, be excluded from requires a scientific programming participation in, be denied the benefits of, or be language, ANS FORTRAN should be subjected to discrimination under any education used. program or activity receiving LEAA financial assistance with the exception of the qualifications set d. To avail himself, to the maximum forth in Title IX, Section 901(a) of Public Law extent practicable, of computer software 92-318 (86 Stat. 373). already produced and available without " charge. To insure that reasonable effort is 29. Commencement of Project. If a project has not extended in this area, LEAA publications commenced within 60 days after the acceptance of and the GCCJ Information Systems the grant award, the subgrantees will report by letter Specialists should be consulted, the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 90 25. Criminal Penalties. Whoever embezzles, willfully days from the acceptance of the award, the project is misapplies, steals or obtains by fraud any funds, not operational, a further statement of assets, or property which are the subject of a grant or implementation delay will be submitted by the contract or other form of assistance pursuant to this subgrantee to the State Planning Agency. Upon the title, whether received directly or indirectly from receipt of the 90-day letter, the SPA may cancel the LEAA, shall be fined not more than $10,000 or project, and redistribute the funds to other project imprisoned for not more than five years, or both. areas. The SPA, where warranted by extenuating Whoever knowingly and willfully falsifies, conceals, circumstances,.may request approval from the LEAA or covers up by trick, scheme, or device any material Regional Office to extend the implementation date of fact in any application for assistance submitted the project past the 90-day period. pursuant to this title or in any record required to be STATE OF FLORIDA Part IV Page 8 - - ~ GoVERNOR;$ C~UI~IL ON CRIMINAL JUSTtCE Compliance/Administrative SUI3GRANT APPLICATION Exhibit B Standard Subgrant Conditions SUPERSEDES: Effective Date Approved By: James R. Stewart, Director s~,~o. N/A ,ag- N/A App,ov,. Date: May, 1973 30. Clear Air Act Violations In accord with the authority of this provision is found in the provisions of the Clear Air Act, 42 U.S.C. 1857 et. "Uniform Relocation Assistance and Real seq., as amended by P.L. 91-604; and Executive Property acquisition Policy Act of 1970", Order 11602, subgrants will not be made to parties P.L.' 91-646; 84 Stat. 1894. convicted of any offense under the Clear Air Act.' 32. Environmental Impact. Subgrantee hereby 31. Relocation Provisions If any project results in declares that no significant environmental impact, as displacement of any person, the subgrantee shall defined by the National Environmental Policy Act provide that: (NEPA) of 1969 and Law Enforcement Assistance Administration (LEAA) Guidelines, may result from a. Fair and reasonable relocation implementation of this program. Subgrantee payments and assistance shall be provided understands that any application involving: (i) the to or for displaced persons as are required construction, renovation or modification of facilities; in such regulations as are issued by the (ii) the implementation of programs involving the use Attorney General. of herbicides and pesticides; and/or (iii) other actions which may possibly have a significant effect on the b. Relocation or assistance programs quality of the environment, must include either an shall be provided for such persons in environmental analysis as required by LEAA. or a accordance with such regulations issued substantiated negative declaration, that the proposed by the Attorney General. action will not have a significant impact on the environment. c. Within a reasonable period of time prior to displacement, decent, safe and 33. Historic Sites. If any subgrant program involving satisfactory replacement must be construction renovation, purchasing or leasing of available to the displaced person in facilities has an adverse effect on properties listed in accordance with such regulations as the National Register of Historic Places, the issued by the Attorney General. The subgrantee must notify the GCCJ. it is understood and agreed by the undersigned that the grant received as a result of this application is subject to the above conditions. Signature of Autho ' City Manager, City of Delray Beach, Florida September 10~. 197~ Tibia Date STATE O~ FLORIDA Part IV Page 9 GOVER~JOR'~COONC¶L ON CRIMINAL JUSTICE Compliance/Administrative SUBGRANT APPLICATION Exhibit C Certification of Non-Supplanting 5UPE RSEDES: Effective Date Approved By: James R. Stewart, Director se~t~o, N/A PaL, N/A A,proval Date: May. 1973 PART IV. EXHIBITC CERTIFICATION OF NON-SUPPLANTING* I hereby certify that, based upon records supporting the law enforcement expenditures summarized below for the fiscal year ending .. September, 30, 1974 expenditures for law enforcement purposes, excluding expenditures from Federal sources, are at least as great as for the preceding year plus the average annual increment of such expenditures as calculated below. ANNUAL LAW ENFORCEMENT EXPENDITURES'*4~ end COMPUTATION OF AVERAGE ANNUAL INCREMENT FISCAL TOTAL LAW ENFORCEMENT YEAR INCREMENT YEAR EXPENDITURES* s 1968-69 $ 388,819.00 " 1969-70 453,511.00 $ 64,692.00 3 1970-71 494,434. O0 40,923. O0 2 1971-72 603,585.00 109.151.00 ~ * 1972-73 765,995.00 162,400.00 Proi ected TOTAL INCREMENT Total Increment Computation: = Average Annual Increment No. of Increments $ 377~166.00 - $ 94,292.00 4 EVIDENCE OF NON-SUPPLANTING Ail funds ,come from the City's General Revenue Fund . Preceding Year s Expenditures**(1972-73) Projected Total $ 765,985.00 Average Annual Increment . . 94..,292,00 1. TOTAL 860,277.00 2. ESTIMATED FISCAL YEAR EXPENDITURES (1973-74) $ 961~010.00 If Item 1 exceeds Item 2. supplanting will result. However. if reduced or unchanged expenditures for law enforcement would have been necessitated, even if Federal financial support had not been made available, an explanation should be given, demonstrating that fact. Mariott, City Manager September 10, 1973 City of Delray Beach, Florida (DATE) INARAE ANO TITLE) ' See Instruction Manual, section IV, page 1 for instructions on completing this form.