8'1/13/6116:49:1&

DEFJlDL rcsre-.

321 m'l359

fa: 'Fax: 1-3Z1-m- P811C 001

7860 E McClain Dr , sune 2 " Scalffidale, AZ "1lS260-1627 • USA • (480) 991-0797 • Fa>< (4&1) 99'1..0791

Date:

September 13, 2001

TO:
Company:
Fax Number:

Chief Fred Fernez
Indian Harbour Beach Poffce Dept
1-321-777-4359

From:
Direct Une:

Stephen Tuttle (steve@TASER.com}

SUbject :

Grant info

480-905-2006

Dear Chief Pemez.
We are gelling many requests on how ADVANCED TASERs. Specifically, one of Arizona's
largest departments, Mesa Police Dept's S9t. Kelvin Smith, has requested any info on how
grants were otltained, written and justified. If you can. could you please forward me
any infonnation as your department was a recipient of a grant 10 obtain its ADVANCED
TASERs or send methe name orthe contact of who handled the grant?
If you have any info, can you email. fax or mail me the Info?

Please feel free 10 contact me at 800-978-2737 ext. 2006, fax 480-991-0791 or email me at
9teveCTASER.com with any questions,
Sincerely,

Stephen D. Tuttle

1~D1A'"

IL\R80l'R III:A('Il

pOLIn:
D£rARH11:o,;T
Fred Ferne'

c'""f 0' PO"""
'le'

'·M,."",, c"""

''''';0'' H,,,,,,,, 8.".,

:0('11 . 13 3D,1')

State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
CERTIFICATION OF ACCEPTANCE/
REQUEST FOR PAYMENT OF SUBGRANT AWARD

The subgrantee, through its authorized representative, acknowledges receipt and acceptance
of subgrant award number 01-CJ-2E-06-15-Q2_021, in the amount of $2,911, for a
project entitled:
Utilization of Non-Lethal Weapons
for the period of 05/0112001 through 10/3112001 , in accordance with the Project Budget
Schedule and Project Budget Narrative contained in the subgrant application, and subject to
the Florida Department of Law Enforcement Conditions of Agreement and any special conditions
governing this subgrant.
By execution of this Certification of Acceptance/Request for Payment, the subgrantee requests a
lump sum payment of the subgranl.

4/24/01
(Date of Acceptance)

Steve Hand, Mayor
(Typed Name and Title of Official)

Florida Departmentof
Law Eoforcement

om.. ofCriJJllDaI JlIS!I.. Gnols

M'iling Add>-o..,

om" ofCrimilW J,sti" Gran ..
Florid' Dep""""" of Law £Of""""",",
1819 Mi«ooul;Q: Common.
T,II,h."". Florid. 32108
(850) 410-11700

J.lltt$ T. "Tim" Moore
CommIssioner

Apdl 18, 2001

The Honorable Steve Hand
Mayor of Indian Harbour Beach
2055 South Patrick Drive
Indian Harbour Beach, Florida 32937
Re:

0l-CJ-2E-06-15-02-021fUtilization of Non-Lethal Weapons

Dear Mayor Hand:
The Florida Department of Law Enforcement Is pleased to award a Local Law Enforcement
Block grant in the amount of$2,911 to your unit of government. These funds
shall be utilized for the purpose of reducing crime and improving public safety.
A copy of the approved subgrant application with the above referenced project number
and title is enclosed for your file. All correspondence with the Department should always
refer to the project number and title.
Your attention is directed to Section F of the subgrant which is the "Acceptance and
Agreement." These conditions should be reviewed carefully by those persons responsible
for project administration to avoid delays in project completion and cost reimbursements.
The enclosed Certification of Acceptance/Request for Payment should be completed
and returned to the Department within 30 calendar days from the date of award.
This certificate constitutes official acceptance of the award and must be received by
the Department prior to the lump sum paymenVsubgrant award.

Committed 10
Service • Integrity •

Respect • Quality

The Honorable Steve Hand
Page Two
We look forward to working with you on this project. If'we can be offurther assistance,
please contact Mary Mills at 850/410-8700.
Sincerely,

~yt~hilt~~

Community Program Administrator
CHWlMMJdw

Enclosures

State of Plorida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
SUBGRANT AWARD CERTIFICATE

Subgrantee:

City of Indian HlIJ"bour Beach

Date of Award: April 18, 2001
Grant Period: From:

05/0112001

To:

10/3112001

Project Title:

Utilization of Non-Lethal Weapons

Grant Number:

01-CJ·2E·06-15-0l-021

Federal Funds:

$2,911.00

BGMTF Funds:
State Agency Match:
Local Agency Match:

$510,57

Total Project Cost:

$3,421.57

Program Area:

002

The Omnibus FY 1996 Appropriations Act, (public Law lQ4-.134), authorizes the Director
of the Bureau of Justice Assistance (BIA) to make funds available to units of local government
under the Local Law Enforcement Block Grants Program, or Block Grants, for the purposes
of reducing crime and improving public safety.
This award is subject to all applicable rules, regulations, and conditions as contained in the
Financial and Administrative Guide for Grants, Guideline Manual 7100 10, Office ofIustice
Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-ll 0
and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may
be reasonably prescribed by the State or Federal Government consistent with the purposes and
authorization ofP.L. 90-351, as amended, and P.L. 100-690.

SUBGRANT AWARD CERTIFICATE (CONTINUED):
This grant shall become effective on the beginning date of the grant period provided that within
30 days from the date of award, a properly executed Certification of AcceptancelRequest for
Payment ofSubgrant Award is returned to the department.

OJ: ~.
. ! M, .J
J...J.)

Authorize Official
Clayton . Wilder
Community Program Administrator

Lj-/i.o 1

LocalLaw Enforcement Block Grants Program
!lorida Depilrtment ofLilWEnforcement

I

roLE Contract Number: 20 Ol-C.:r- 2E-06-1S-0 2-0 21

Brevard

City of Indian Harbour Beach
Name of Chief Elected Official: Steve Hand
Title: Mayor
Address: 2055 South Patrick Drive, Indian Harbour Beach,Fl
Zip Code: 32937
Area Code and Telephone Numher: () 321 773-31,81
SUNCOM Number:
Area Code and Fax Phone Number: () 321 773-5080
2.

Richard Anderson
Chief Financial Officer.,_--===--====--=

_

Name of Chief Financial Officer: Richard Anderson
Title: Comptroller
Address: 2055 South Patrick Drive, Indian Harbour Beach, F1
Zip Code: 32937
AreaCodeaodTeIepboneNumber: ( ) 321 773-3181
SUNCOM Number:
Area Code and Fax Phone Numher: () 321 773-5080

J. Implementing Agency. Citv of Indian Harbour Beach Police Department
(Government Agency Responsible for Project)
Name of Chief Executive Official: Jacqueline R. Burns
Title: City Manager
Address: 2055 South Patrick Drive, Indian Harbour Beach, Fl
Zip Code: 32937
Area Code and Telephone Number: () 321 773-3181
SUNCOM Number:
Area Code and Fax PhoueNumher: () 321 773-5080
4. Project Director.
Fred Fernez
(Employee of Governmen tal Implementing Agency)
Name of Project Director: Fred Fernez
Title:
Chief of Police
Mailing Address: 40 Cheyenne Court
Street Address: Indian Harbour Beach, FI
Zip Code: 32937
Area Code and Telephone Number: ( ) 321 773-3030
SUNCOM Number:
Area Cede and Fax Phone Number: ( ) 321 773-5080
E-Mail Address:
SubgTlln.Applicotion PucUg"

SFY1UUI
SeedonlI-1

Local Law Enforcement Block Grants Progr'a';;,
Florid" Department ofLaw Enforcement

B. Administrative Data

1. Project Title (Not to exceed 36 characters, includiug spaces.)
Utilization of Non-Lethal Weapons
2.Proj~.ct Perlcd,

Period

Month

Beginning

M.,

Ending

October

D.,

Year

1

2001

31

2001

C. Fiscal Data
1.

A warrant for the lump sum grant award will be sent directly to the Chief
Financial Officer identified by the reclptent in seenca A.2. Unless otherwise
stated.

2.

Vendor # (Enter Federal Employer Identification Number of Subgrantee):
59-0994561

3.

SAMAS # (Enter if you are a state agency):

D. Program Purpose Areas and Project Budget Schedule
Local Law Enforcement Block Grants Program funds may be used for one or more of the
Program Purpose Areas below which supports drug demand reduction and eradication
programs. In the Project Budget Schedule that follows indicate the Program Purpose Areas
YQU plan to implement by specifying the doU ar amounts required to fund each activity. Local
MtItch must be c"sh and must represent 110 less than ten (10)percent oftheproject's cost
Allor any portion of funds allocated under this title may be used to contract with private,
nonprofit entities or community-based organizations to carry out the purposes of this Program.
PROGRAM PURPOSE AREA 1
Law Enforcement Support for:

A.

Hiring, training, and employing on a continuing basis, new additional law enforcement
officers and necessary support personnel (if funds are used to hire law enforcement
officers, there must be a nel gain over the unit of local. govenunent's current
appropriated budget, in the number of law enforcement officers who perfonn nonadministrative public safety service) in order to reduce illegal drugs in Florida.

SFY2001
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. Local LawEnforcement Block Grants Program
Florida Depar1ment ofLaw Enforcement

B.

PayiDg overtime to presently employed law enforcement officers and necessary support
personnel forthe purpose of increasing the number of hours worked by such personnel
to reduce illegal drugs in Florida.

C.

Procuring equipment, technology, and other material directly related to basic law
enforcement functions ) which will assist in reducing illegal drugs in Florida.

PROGRAM PURPOSE AREA 2
Enhancing security measures in and around schools, and in and around any other facility or
location that the unit ofiocal government considers a special risk for incidents of crime so as
to reduce illegal drugs in Florida.
•

PROGRAM PURPOSE AREA 3
Establishing or supporting drug courts. To be eligible for funding, a drug court program must
include the following:
1.

Continuingjudicial supervision over offenders with substance abuse problems, but who
are not violent offenders;

2.

Integrating administration of other sanctions and services, which shall include:

a.

mandatory periodic testing of each participant for the use of controlled substances
or other addictive substances during any period ofsupervised release or probation;

b.

substance abuse treatment for each participant; probation or other supervised
release involving the prosecution;

c.

confinement, or incarceration because of noncompliance with program
requirements or failure to show satisfactory progress; and

d.

programmatic, offender management and aftercare services such as relapse
prevention, vocational job training, and job and housing placement.

PROGRAM PURPOSE AREA 4
Enhancing the adjudication of cases involving violent offenders, including cases involving
violent juvenile offenders. For the purposes of this program, violent offender means a person
charged with committing a Part I violent crime under the Uniform Crime Reports.

PROGRAM PURPOSE AREA 5
Establishing a multi-jurisdictional task force, particularly in rural areas, composed of law
enforcement officials representing units oflocal government This task force will work with
federal law enforcement officials to prevent and control crime in order to reduce illegal drugs
statewide.

Subgl'llllt AppliC41lon P~dr..r'

SFnOOl
SKtUJnII_I

,

,'c', .

LocalLaw Enforcement Block Grants Program
Florid" Department ofLaw Enforcement

PROGRAM PURPOSE AREA 6
Establishing crime prevention programs involving cooperation between community residents
and law ecrcrcement personnel to control, detect, or investigate crime or the prosecution of
criminals as it relates to illegal drug reduction in Florida.

PROGRAM PURPOSE AREA 7
Defraying the cost of indemnification insurance for law enforcement officers.
Ineligible Use of Funds. The following items may not be purchased, leased, rented or
acquired with funds provided under the Local Law Enforcement Block Grants Program:
1. Tanks or armored vehicles
2. Fixed-wing aircraft

5. Yachts
6. Real Estate
7. Consultants

3. Limousines
4. Vehicles not primarily used for law enforcement

SubgraM Applicalio" PacbC

SFY2001
S~.nll_~

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

E. Grant Purpose and Description:

Based on the Program Purpose Areas selected in Section II, D, briefly describe how the
LLEBG subgrant funding will impact upon the reduction and eradication of illegal drugs
in Florida.

(Limit: ODe page per Program Purpose Area).
Program Purpose Area 2
The Taser Non-Lethal Weapon will be utilized in, a multitude of
operational-fonuats. One of its major uses will be its utilization
as part of our drug undercover officer's tools in combating dealers
of drugs in our City. The non-lethal weapon would not only protect
our officers against violent resistance from drug dealers (and"
uncontrolled addicts as well), but also serve to incapacitate the
suspect dealer without injury and hopefully serve as a deterrent
not to engage in the illegal activity as well.
Durin~

the last several months we have actively surveilled a number
of residences in our City and effectively drawn and served search
warrants to close the obvious sale and distribution of drugs; not
only to adults, but to juveniles as well. To assist us in conducting
this operation in safety, ie:, that is without the use of lethal firearms, the taser weapon would be a significant safety factor for all
concerned_
The location of these targets make them a special risk for incidents
of.crime and exposure of children to the trafficking of drugs. We
sincerely believe that any measures that assist us in achieving the
goal of reducing the influx of drugs in our community is worthwhile.
Hopefully, the use of new technology by Law Enforcement in our fight
against drug use will also serve to have a psychological impaot on
the criminal element in terms of knowing how much more effective our
search and arrest techniques have progressed.
Our local government recognizes the fact that the location of drug
dealing persons in our residential areas pose a special risk to our
residents and any assistance in reducing this riSk should be adopted.

SFY2001
S'cJlo~ /1- S

R.,isd 9114100

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

F. Project Budget Schedule

PROJECT BUDGET SCHEDULE
(Type or Print Dollar Amoullts in Applicable Categories alld Leave Others Blank)
Program Purpose Area/
Budget Category

Lqcal
Government
Cash Match

Federal
Funding

Total

La, Salaries and Benefits

Indirect Costs

l.b. Salaries and Benefits
Contractual Services
Indirect Costs

- - - -,

,._-

-

~

-

--------~~-~,

------

'

-

-----

,

~----~~~~~~----

--

"

.-

-

"

-~-~------~~~-

t.c. Expenses
Operating Capital Outlay

:2 911.00

510.57

3,421.57

Indirect Costs

2.

Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs

,- -- -3.

-

• --

-

"I

,

--

.•

_ _·I_~- ..

-,

-

-

Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay
Iudirect Costs

Su~~rau,

Appllcu,lau

I'Q<kQ~'

SFl' JOOl
S'd/on " • 6

,

-

---~--

--_.

--

--

-

-

·

Local Law Enforcement Block Grants Program
Florida DeplUtment ofLew Enforcement

Program Purpose Areal

Federo.l

Local

Budget Cu.tegory

Funding

Government

-.
_

4.

"

.

"__

~

Total

CflShMatch

_ __.L __ _

.

Salaries and Benefits
Contractual Services

Expenses
Operating CapiW Outlay

Indirect Costs

5.

Salaries and Benefits
Contractual Services
Expenses
Operating Capital Outlay

Indirect Costs
-

-

---

6.

,
---

-

-

'

---

-

- -

-

Salaries and Benefits
Contractual Services

_Expenses
Operating Capital Outlay
Indirect Costs

7.

Expenses
Indirect Costs

S.bgl'lllll AppllCllrian Pack4g~

SFYJOOl
S«<I." " _ 7

Revisd 9114100

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforament

Budget Category

Federtd
Funding

r.~1

Government
Cash Match

Total

Salaries aud Benefits

Contractual Services

Expenses

Operating Capital Outlay

2,911.00

510.57

3,421.57

2,911.00

510.57

3,421.57

Indirect Costs

Totals

SFY2fJOl

R,w.u49114100

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

G. Project Budget Narrative
You must describe line items for each applicable Budget Category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to project
activities. In addition, describe your specific sources of matching funds. [Source of match
must
be cash and
.
. represent no less than ten (10) percent of the project's cos't.]
Starl below and use continuation pages as necessary.

Line item l-C: Request $2,911.00 for the purchase of three Advanced
Taser Non -Lethal Weapons, holster, and cartridges.
Law Enforcement agencies throughout the country are adopting weapons
designed as non-lethal in nature to assist in subduing violent
persons without inflicting grievous harm to the individuals and
additionally providing for the safety of their officers as well.
Of special note is the recognition that drug dealers and drug
addicts can be violent in nature. The utilization of taser weapons
in apprehending these offenders, whether in undercover opperations or
the serving of search warrants, without injury to anyone is always a
worthwhile goal. In addition the psychological impact on these
violators, knowing the progression of our technology may also serve as
a deterrent when exposed to its actual implementation.
c

Our present drug enforcement activity in our local residential areas
pose a special risk to our citizens and most specifically our
children. Any assistance in these efforts
eliminate these
problems should be initiated.

to

The local match will oODle from the City's General Revenue Fund.

S.bgralll Appli,OIion Pa.:kogt

SFY2001
S.<t;Dn II _ 9

&,i,.d 9114100

Local Law Enforcement Block Grants Program
Florida De]lllrtment ofLaw Enforcement
H. Acceptance and Agreement
All persons involved in or having administrative responsibility for the subgrant must read
these "Acceptance and Agreement' conditions. This "Acceptance and Agreement"
(Section II) must be returned as part of the completed application.
Note Condition No. 14: ODly project costs incurred on or after the effective date of this
agreement and on or prlorto the termination date of a recipient's project are eligible for
funding nuder this subgrant.
Copditions ofA.greement. Upon approval of this subgrant, the approved application and the
conditions outlined below will become binding. Ncu-compllaace will result in project costs
bejag disallowed,
Definitions.
The term "Department", unless otherwise stated, refers to the Florida Department of Law
Enforcement.

The term "Subgrant Recipient" refers to the governing body of a city or a county or an indian
tribe which performs criminal justice functions as determined by the U.S. Secretary of the
Interior, and includes an "Implementing Agency" which is a subordinate agency of a city,
county or indian tribe, or an agency under the direction of an elected official (for example,
Sheriffor Clerk of the Court).
1. Reports

a. Financial Reports:
The recipient shall submit Quarterly Project Expenditure Reports (Form LLEBGP-OOI)
to the Department byFebroary I, May 1, August 1,.andNovember I covering subgrant
project expenditures during the previous quarter. (See Paragraph 18. Project
Expenditures.) A final Project Expenditure Repart and a Criminal Justice Contract
(Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the
Department within forty-five (45) days of the subgrant termination period. Such claim
shall be distinctly identified as "final."
b. Other Reports;
The recipient shall report to the Uniform Crime Report and the Statewide Drug
Intelligence Database and other reports as may be reasonably required by the Florida
Department of Law Enforc~enl.
2. Lump Sum Payment and Establishment of Trust
The Department shall award program funds to the recipient ii. one, lump sum payment. The
recipient must establish an interest-bearing trust fund to deposit program funds. The term
"trust fund" is defined as an interest-bearing account that is specifically designated for this
SubrraJll Application Pock4g.

SFY100I
SmJOItlI_IO

R.vis.d 1)114/00

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement
program. Only allowable program expenses canbe paid from this account. This fund may
nQJ; be utilized to pay debts incurred by other activities beyond the scope of the program.
To be in compliance with the trust fund requirement, a recipient's account must include the
following four features:
a. The.accountmust earn interest;

b. The recipient must be able to account for the federal award amount;
c. The recipient must be able to account for the local match amount; and
d. The recipient must be able to account for the interest earned.
If these requirements can be met within the recipient's current financial management
system, there is no need to establish a separate account.
3. Fiscal Control and Fund Accccntteg Procedures
The recipient shall establish fiscal control and fund accounting procedures that assure
proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of
the project budget as approved by the Department.
All expenditures and cost accounting of funds shall confonn to the Office of Justice
Programs' Financial Guide (as amended), the U.S. nepertment ofJustice's Cammon Rule
for Suue and Local Governments, and the federal Office of Management and Budget's
(OME's) Circulars A-2l, A-87, and A-llO, in their entirety.}
All funds not spent according to this agreement shall be subject to repayment by the
recipient.
4'-Allowable ClISts
Allowance for costs incurred under the subgrant shall be determined according to "General
Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of
Justice Programs' Financial Guide (as amended), the U.S. Department cfJustice's Common
Rule for Slate And Local Governments and federal OMB's Circular No. A-87, "Cost
Principles for State and Local Governments", orOMB's Circular No. A-2l, "Cost Principles
for Educational Institutions",
All procedures employed in the use of federal funds to procure services, supplies or
equipment, shall be according 10 U.S. Department ofJustice's Common Rule for Sime and
Local Governments, or Attachment "0" ofOMB's Circular No. A-I10 and Florida Law to
be eligible for funding under this subgrant.
5. Travel
AU expenses for travel out-of-state or out-of-grant-specified work area shall be based upon
written approval of the Department prior to conunencemenl ofactual travel.
SFY2001
S.<tion 11-11

Rr;UN 9/14/00

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061. Florida Statutes.
All bills for any travel expenses shall be submitted according to provisions in Section
112.061. Florida Statutes.
6. Modification of Contract; Repayments
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parries hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of"Florida Department ofLaw Enforcement", and mailed directly
to the Department at the following address:

Florida Department of Law Enforcement
Office of Criminal Jnstice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308

7'- Written Approval of Changes In tbis Approved Agreement
Recipients shall obtain written approval from the Department for major changes to this
agreement. Major changes include, but are nOllimited to:

a. Changes in project activities, designs or research plans set forth in the approved
agreement;
b. Budget deviations that do notmeet the following criteria:
That is, a Subgrant Recipient may transfer funds between approved budget categories
as long as the total amount of transfer does not exceed ten (10) percent ofthe total award
amount and the transfer is made to an already approved budget line item.
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget
is approved by the Department.
d. Under no circumstances can transfers of funds increase the total budgeted award.
SFY200l
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Rm.otf. 9114100

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

~";'

Transfers 'do not allow for increasing the quantitative number ofitems documented in
any approved budget line item. (For example, equipment items in Operating Capital
Outlay or Expense categories or staff positions in the Salaries and Benefits category.)
Under no circumstances can transfers of funds Increase the total budgeted award.

8. Reimbursement Subject to Available FUDds
The obligation of tile State of Florida to reimburse recipients for incurred costs is subject
to available federal Local Law Enforcement Block Grant funds.
9. Commencement of Project
If a project has not begun withinsmy (60) days after acceptance of the subgrant award, the
recipient shall send a letter to the Department requesting approval of a new project starting
date. The letter must outline steps to initiate the project, explain reasons for delay, and
specify an anticipated project starting date.

If a project has not begun within ninety (90) days after acceptance of the subgrant award,
the recipient shall send another letter to the Department, again explaining reasons for delay
and requesting approval ofa revised project starting date.
Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons for
delay are justified or shall, at its discretion, unilaterally terminate this agreement and
deobligate subgrant funds to other projects approved by the Department. If warranted by
extenuating ciJ:cumstances, the Department may extend the starting date of the project
beyond the ninety (90) day period, but only by a fonna/ writ/ell amendment to this
agreement.
10. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason
of any failure in performance oftbis agreement according to its terms (Including any failure
by the recipient to make progress in the execution ofwalk hereunder which endangers such
performance) if such failure arises out ofcauses beyond the control and without the fault or
negligence of the recipient. Such causes include but are not limited to acts of God or of the
public enemy, acts of the government in eaber its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather, but in every case the failure to perform shall be beyond the control and without the
fault or negligence of the recipient.
If failure to perform is caused by failure ofa consultant to perform or make progress, and
if such failure arises out of causes beyond the control of the recipient and the consultant, and.
without fault or negligence of either of them, the recipient shall not be deemed in default,

unless:
a. Supplies or services to be furnished by the consultant were obtainable from other
sources;

SFY2001

StctIM/l·13

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

b. The Department ordered the recipientin writing to procure such supplies or services from
other sources; and
c. The recipient failed to reasonably comply with such order.
Upon request of the recipient, the Department shall ascertain the facts and the extent ofsuch
failure, and if the Department determines that any failure to perform was occasioned by one
or more said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the grant period. Ooly project costs Incurred on or
after the effective date and on or prior to the terminatioo date ofthe recipieot's project
are eligible for funding under this subgrant. A cost is incurred when the recipient's
employee or consultant performs required services, or when the recipient receives goods,
notwithstanding the date of order.
Subject to the above requirements, Project Generated Income may be used by the recipient
for Program Purpose Area activities.
12. Performance of Agreement Provlstons

In the event of default, non-compliance or violation of any provision of this agreement by
the recipient, the recipient's consultants and suppliers, orboth; the Department shall impose
sanctions it deems appropriate including withholding payments and cancellation, termination
or suspension of the agreement in whole or in part. In such event, the Department shall
notify the recipient of its decision thirty (30) days in advance of the effective date of such
sanction. The recipient shall be paid only for those services satisfactorily performed prior
to the effective date of such sanction.
13. Access To Records
The Florida Department of Law Enforcement; the U.S. Department of Justice, Office of
Justice Programs, Bureau of Justice Assistance; and the Auditor General of the Slate of
Florida; the U.S. Comptroller General or any of their duly authorized representatives, shall
have access to books, documents, papers and records of the recipient, implementing agency
and contractors for the purpose of audit and examination according to the Office of Justice
Programs' Financial Guide (as amended), the U.S. Department ofJustice's Common Rule
for State and Local Government).
The Department reserves the right to unilaterally terminate this agreement if the recipient,
implementing agency or contractor refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida Statutt!1, and made
or received by the recipient or its contractor in conjunction with this agreement
14. Audit
a. The recipient shall provide to the Department one copy ofan annual audit conducted in
Subgranl Ap¢i:"lW~ Pac/ca,«

S«ti"" n _14

Local Law Enforcement Block Grants Program
FloridaDepartment ofLaw E"forcement

compliance with The Single Audit Act of1984, Public Law 98-502. The audit shall be
performed in accordance with the federal OMB's Circular A-133 and other applicable
federal law. The contract for this agreement shall be identified with the subject audit in
The Schedule ofFederal Financial Assistance. The contract shall be identified as federal
funds passed-through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount, contract period, funds received and
disbursed. when applicable, the recipient shall submit an annual financial audit which
meets the requirements of Sections 11.45 and 215.97, Florida Statutes; and, Chapters
10.550 and 10.600, Rules ofthe Florida Auditor General.
b. A complete audit report which covers any portion of the effective dates ofthis agreement
must be submitted within30 days after its completion, but no later than seven (7) months
after the audit period. In aider to be complete, the submitted report shall include any
management letters issued separately and management's written response to aU findings,
both audit report and management letter findings. Incomplete audit reports will not be
accepted by the Department and will be returned to the recipient.
c. The recipient shall have all audits completed by an iIidependent public accountant (lPA).
The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The recipient shall take appropriate corrective action within six (6) months of the issue
date of the audit report in instances of noncompliance with federal laws and regulations.
e. The recipient shall ensure that andit working papers are made available to the
Department, or its designee, upon request for a period of five (5) years from the date the
audit report is issued, unless extended in writing by the Department.
f. If this agreement is closed out without an audit, the Department reserves the right to
recover any disallowed costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:

Florida Department of Law Enforcement
Office of Criminal Justice Grants
1819 Miccosukee Commons
Tallahassee, Florida 32308

15. Project Expenditures
All recipient expenditures shall be identified on Form LLEBGP-oOI (Project Expenditure
Report), prescribed and provided by the Department. Project ~end!ture Reports shall be
submitted to the Department on a quarterly basis, as specified III Section F., Paragraph 1.a.

SPY2001

R<Vi.I.d 9/14/00

Local Law Enforcement Block Grants Program
Florida Deptutment ofLaw Enforc~ment \y""
All claims for funding shall be submitted in sufficient detail for proper pre-audit and postaudit.
.
All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
16. Retention of Records
The recipient shall maintain all records and documents for aminimum of three (3) years from
the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
17. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or
'discovered subordinate to this agreement is governed by the terms of the Office of Justice
Programs' Financial Guide (as amended), the U.S. Department of Justice's Common Rule
for State and Local Government) or the federal OMB's Circular A-llO, Attachment N,
Paragraph Eight (8).
18. Property Accountability
The recipient agrees to use all non-expendable property for criminal justice purposes during
its useful life or request Department disposition.
The recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property furnished to it by the Department or purchased pursuant to this
agreement according to federal property management standards set forth in the Office of
Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common
Rule/or State and Local Gcwernment orthe federal OMB's Circular A-lID, Attachment N.
. This obligation continues as long as the recipient retains the property, notwithstanding
expiration of this agreement.
19. Disputes and Appeals
The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
If the recipient appeals the Departmenfs decision, it shall be submitted in writing to the
Department's agency clerk within twenty-one (21) calendar days ofreceipt ofnotification.
The recipients right to appeal the Department's decision is contained in Chapter 120, Florida
Statutes, and in procedures set forthin Chapters 28-5 and 9-5, FloridaAdministrative Code.
Failure to appeal within this time frame constitutes a waiver ofproceedings under Chapter
120, Florida Statutes.

SPY 1001

$«tl"" 11-16

Local Law Enforcement Block Grants Progr'Wn
FloridaDepartment 0/Law Enforcement",".'.,,_,:
20. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time,
representatives of the Department and/or the U.S. Department ofJustice's Bureau of'Justice
Assistance have the privilege of visiting the project SIte to monitor, inspect and assess work
performed under this agreement

21. Publication or Printing of Rep om

a. Before publication or printing. a final draft of any report required under or pertaining to
this agreement shall be sent to the Department for its review and comment.
b. Publications or printed reports covered under paragraph a. above shall include the
following statements on the cover page:
I.

"This report was prepared for the Florida Department of Law Enforcement, in
cooperation with the U.S. Department ofJustice, Bureau of Justice Assistance."
The next printed line shall identify the month and year the report was published.

u.

"This program was supported by grant # _2001-LB-BX·0153 awarded to the
Florida Department ofLaw Enforcement, State ofFloridiI, and by the Bureau of
Justice Assistance (BJA), Office of Justice Pro~ (OIP), U.S. Department of
Justice. The BJA is a component of OIP which also includes the Bureau of
Justice Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, and the Office for Victims of Crime."

m.

"Points of view, opinions, and conclusions expressed in this report are those of
the recipient and do not necessarily represent the official position or policies of
the State of Florida Department of Law Enforcement, the U.S. Department of
Justice, Office of Justice Programs, or any other agency of the state or federal
government".

22. Equal Employment Opportunity (EEO)
All recipients are required to comply with nondiscrimination requirements contained in
various federal laws. Specifically, the statute that governs programs or activities funded by
the Office ofJustice Programs (OJP) (Sec/ion 809(c), Omnibus Crime Control and Safe
Streets Act 0/1968, as amended, 42 Us.c. 3789d, prohibits such discrimination, as follows:
No person in any State shall on the grounds ofrace, color, religion, national origin, sex
[or disability]* be excluded from participation in, be denied the benefits of, be subjected
to discrimination under, or denied employment in connection with any program or
activity funded in whole or in part with funds made available under this title.

"Seaton 504 ofthe Rehabilitation Act 0/1973 prohibits identical discriminosion
basis ofdisability.

071

the

The recipient acknowledges, by completing and signing the attached EEO Certification
Letter (Appendices 1), that failure to submit an acceptable Equal Employment Opportunity
Sub,,,,,,. &pIlcalfon PockJJ,.

SFY21)()]
S<Clionll_17

R'"i..49114/1)()

LocalLaw Enforcement Block Grantspj.ilgi-am
Florida Depmment of Law Enforcement

Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant
to 28 CFR 42.30]), is a violation ofits certified assurances and may result in suspension of
funding obligation authority. Submission ofthili certification letter is a prerequisite to
entering into this agreement, This certification is a material representation of fact upon
which reliance was placed.when this agreement was made. If the recipient or implementing
,agency meet Act criteria but have not formulated, implemented and maintained such a
current Written EEO Program, they have 120 days after the date ofthis agreement to comply
with the Act or face loss of federal funds subject to the sanctions in the Justice System
Improvement Act of1979, Pub. 1. 96-157, 42 U.S.C 3701, et seq. (Reference Section 803
(a) ofthe Act. 42 U.S.C 3783 (a) and CPR Section 42.207 Compliance Information.)
Ifany court or administrative agency makes a finding of discrimination on the grounds of
race, color, religion, national origin, gender, disability or age against a recipient offunds, the
recipient must agree to forward a copy of the findings to the OlP Office for Civil Rights.
23. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law (p.L.) 101-336, which prohibits discrimination by public and private
entities on the basis of disability and requires certain accommodations be made with regard
to employment (Title 1), state and local government services and transportation (Title II),
public accommodations (TItle ID), and telecommunications (Title rvj.
24. Criminal Intelligence System
The purpose of the federal reguletiou published in 28 CPR Part 23 - CriminalIntelfigence
Systems Operating Policies is to assure that recipients of federal funds for the principal
purpose of operating a criminal intelligence system under the Omnibus Crime Control and
Safe Streets Act of1968, 42 U.S.C 3701, et seq; as amended (Pub. L. 90-351, as amended
by Pub, 1. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L 95-115, and
Pub.L. 96-157), use those funds in conformance with the privacy and constitutional rights
ofindividuals.
The recipient and a criminal justice agency that is the implementing agency agree to certify
that they operate a criminal intelligence system in accordance with Sections 802(0.) and
818(c) ofthe Omnibus Crime Control and Safe Streets Act of1968 as amended and comply
with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance.
Submission of this certification is a prerequsfte.tc entering into this agreement.
This certification is a material representation offaC! upon which reliance was placed when
this agreement was made. If the recipient or criminal justice agency operates a criminal
intelligence system and does not meet Act and federal regulation criteria, they must indicate
when they plan to come into compliance. Federal law requires a subgrant funded criminal
intelligence system project to be in compliance with the Act and federal regulation prior to
the award of federal funds. The recipient is responsible for the continued adherence to the
regulation governing the operation of the system or faces the loss of federal funds. The
Department's approval of the recipient agreement does not constitute approval of the
subgranl funded development or operation ofa criminal intelligence system.
SFY2001

R.vi"d 9/14100

LocalLaw Enforcement Block Gr4nti/Program
Florida Department of Law E"fo~e,.t

25. Non-Procurement, Debarment and Suspension
The recipient agrees to complywilhExeculive Order 12549, Debarment and Suspension (34
CPR. Part 85. Section 85.510. Participant's Responsibilities). These procedures require the
recipient to certify it shall not enter into any lower tiered covered transaction with a person
who is debarred, suspended, declared ineligible or is voluntarily excluded from participating
in this covered transaction, unless authorized by the Department.
A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submil bids on leases ofreal property
10 a public entity, may nol be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of Category Two for a period of36 months from
the date of being placed on the convicted vendor list
26. Payment Contingent on Appropriation
The State of Florida's performance and obligation 10 pay under this agreement is contingent
upon an annual appropriation by the Florida Legislature.
27. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of P.L. 101-121 set forth in "New

Restrictions on Lobbying; Interim Final Rule, "published inthe Fehrnary 26. 1990, Federal
Register.
Each person shall file the most current edition of this Certification And Disclosure Fonn, if
applicable, with each submission that initiates agency consideration of such person for award
.offederal contract, grant, or cooperative agreement ofSlOO,ooO or more; or federal loan of
$150,000 or more.
This certification is a material representation offilct upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 13S2, TItle 31, United
States Code. Any person who fails to file the required certification is subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each failure 10 file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
a. No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
member of congress, an officer or employee of congress, or an employee of amember
of congress in connection with the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.

SFr2001
S«donll·j9

Rtvised9114100

Local Law Enforcement Block Grants Program
Floridtl Deptlrtment ofLaw Enforcement

b. Ifany non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer Ot employee of congress, or an employee of a member
of congress in connection with this federal contract, grant loan, or cooperative agreement,
the undersigned shall complete and submit the standard fonn, Disclosure ofLobbving
Activities, according to its instructions.
c. The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all Subgrant Recipients shall
certify and disclose accordingly.
28. State Restrictions on Lobbying

In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and
Agreement, the expenditure of funds for the purpose of lobbying the state Legislature
or a state agency is prohibited under this contract
29. Statement of Federal Funding Percentage and Dollar Amount
'When issuing statements. press releases. requests for proposals. bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds, all
grantees and recipients receiving these federal funds, including but not limited to state and
local governments, shall clearly slate:

a. The percentage of the total cost of the program or project that shall be financed with
federal funds, and
b. The dollar amount offederal funds to be expended on the project or program.
30. Project Closeout
Project funds which have been properly obligated by the end of the subgrant funding period
'will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end
of the 45-dayperiod will lapse and revert to the Department A subgrant funded project will
not be closed out until the recipient has satisfied all closeout requirements in one final
subgrant closeout package. A cheek for the full amount of any unexpended funds must
accompany the closeout package.
31. Background Check

It is strongly recommended that all programs targeting juveniles, implemented by other than
a sworn law enforcement officer or program licensed by the Department of Children and
Family Services, conduct background checks on all personnel providing direct services.
32. Eligibility for Employment in the United States
The State of Florida will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien 'workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationally Act (INA)]. The Department shall consider the employment by
SulIg"",l Appliclllion Pa=k:J('

SFY2001
Sccriolfll_20

LocalLaw Enforcement Block Grants Program
Florida Department ofLilli!Enforcement

any contractor of unauthorized aliens a violation of Section 274A(e) of the rnA. Such
violation by the Recipient of the employment provisions contained in Section 274A(e) of the
INA sha.ll be grounds for unilateral cancellation of this Agreement by the Department.
33. Employment Preference for Former Members of the Armed Forces
- RecJpfenis shall give suitable preference in the employment of persons as additional law
enforcement officers or support personnel to members of the Armed Forces who were
separated or retired involuntarily due to the reductions in the Department ofDefense.

SFY1Ml
Soaion 11_ 21

Local LlIHI Enjorce17le1lt Block Grants Progrtl17l
Etor;,", Department ofL4w Enjorcelflelll

EEO Certification Letter - SUbgrant Recipient

Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
TaiIahassee, Florida 32308

,,

Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements - SUbgrant Recipient
Dear Mr. Wilder:

I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that J have read the Act criteria set forth
in the Subgrant APDlicelion Pack'age and Instructions. I understand that if the subgrant recipient
meets these criterion, it must formulate, implement and maintain a written EEO Program relating
to empioyment practices affecting minority persons and women. I also affirm that the sUbgrant
recipient (Initial one of the following):
'
,
~ Does

meet Act Criteria and does have. a current EEO Program Plan.

__ Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meel Act Criteria.
I further affirm that if the recipient meets the Act criteria and does not have a current written
EEO Program, federal law requires it to fonnulate, implement, and maintain such a program within
120 days after a subqrant application for federal assistance Is approved or face loss of federal
funds.
Requires signature of authorized official:
Steve Hand, Mayor
-"'-'-.:.:.:::::::::"-..::::"-'-'-

Type Name and Title:,

.dt?/~
Name of Subgrantee Organization:

lLEBG SU~!!!3!nl

Applco~on

eeess

_

2/15/01

-"Lt'-"'CJ:ruii'"'-lJ...
City of Indian HarbQJJr
"'~'-"'~"_
Reacb __

EEO Certr~co~on Letle<s

Al'p.ndlx 1_ P.~e 2

Revl.ed 91lU9G

Local Law Enforcement Block Grants Program
Flor;d.~

Deportment ~f Lo", Enf.rcement

EEO Certification Letter -Implementing Agency

Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
1819 Miccosukee Commons
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EED)
Program Requirements - ImplemenUng Agency

""

Dear Mr. Wilder:
\, the undersigned authorized official, certify tl1at according to Section 501 of the Omnibus
Crime COntrol and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set forth
in the sUbgrani Application Package and Instructions. I understand that if the Implementing
Agency meets these criterion, it must participate in the subgrant recipients EEO Program or
formulate, implement and maintain its own written EEO Program relating to employment practices
affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of
the following):
.

--.lL Does meet Act Criteria and does have a current EEO Program Plan.
__ Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
1further affirm that If the implementing agency meets the Act criteria and does not participate
in the subgrant recipient's EEO Program or does not have Its own written EED Program, federal
law requires 11 to participate in such a program or formulate, implement, and maintain its own
program witl1in 120 days after a subgrant application is approved or face loss of federal funds.
Requires signature of authorized official:
Fred Fernez, Chief of Police

2/15/01

Name of Implementing Agency:

llE8G Subg",nt AMllcation P.ck:lgo

City of Indian Harbour Beach Poli ae Department

EEO C.l1Iflca~oo lotto",
Apporlili. I . Page 3

,

"

Local Law Enforcement Block Grants Program
Florida Department ofLaw Enforcement

I. Signature Page

In witness whereof, the parties affinn they each have read and agree to conditions set forth
in this agreement, have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized officers on the date, month and year set out below.
Corrections including strikeovers, whiteouts, etc., on this page are not acceptable.
MUST SUBMIT 2 ORlGINAL SIGNATURE PAGES
State of Florida
Florida Department of Law Enforcement
Office of Criminal Justice Grants
By:

o».

I . <J.

Type Name and Ti le:C1ayton

WI2vJ
,.

Wilder, Community Program Administra

4 -1'if-rJ \

Date:
A.

By:

Subgrant Recipient
Authorizwg Offici.l OfGOVommoDlalUnit
(Comrnil"ion Coai"""", M'Y"r. 0' Designated Repre,ontativej

~dJ
I

Type Name and Title:

Steye Hand, Mayor

Date:

2115/01

FEID Nwnber:

59-0994561

B.

By:

••

Implementing Agency
Official, Adminisrrator Or Designa~d Representative

~+t.cJ ~~

Type Name and Title:
Date:

Subgralll Applitalfon Patk",!

F~ed F

lef of Police

2115/01

SFY 2001

R..lstd 9114100

0