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HomeMy WebLinkAboutO-12267J-02-667 7/01/02 ORDINANCE NO. 12267 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT VII PROGRAM FUND," AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,828,690, AND ANY INTEREST EARNED FROM FISCAL YEARS 2002-2003 AND 2003-2004, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $203,188, FROM PROJECT NO. 690001, LAW ENFORCEMENT TRUST FUNDS, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT 'OF THE TREASURY AND JUSTICE'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF THE GRANT FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following Special Revenue Fund is established and resources are appropriated as described herein: Fund Title: Local Law Enforcement Block Grant VII Program Fund Resources: U.S. Department of Justice Law Enforcement Trust Fund Matching Funds Appropriations: $1,828,690 $ 203,188 $2,031,878 t Section 2. The City Manager is authorized!' to accept the grant from the U.S. Department of Justice and any interest earned from fiscal years 2002-2003 and 2003-2004 and to execute all necessary documents, in a form acceptable to the City Attorney, for the acceptance of said grant. Section 3. The allocation of matching funds, in the amount of $270,670, from the Law Enforcement Trust Fund, Project No. 690001, such expenditure having been approved by the Chief of Police as complying with the U.S. Department of the Treasury and Justice's "Guide to Equitable Sharing", is authorized. Section 4. The expenditure of grants funds and any interest earned is authorized for the operation of the Program. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 its debts, necessary and required purchases of goods and supplies, and'to generally carry on the functions and duties of municipal affairs. Section 8. The requirements of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less that four-fifths of the members of the Commission. Section 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED BY TITLE ONLY this 25th day of July , 2002. r MANUEL A. DIA OR ATTEST: PR CILLA A. THOMPSON CItPY CLERK APPROVE S F AND CORRECTNESS:✓ DRO VILARELLO C ATTORNEY W1300:tr:LB zi If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 2267 CITY OF MIAMI, FLORIDA 6 INTER -OFFICE MEMORANDUM The Honorable Mayor and Members To : of the City Commission DATE: FILE J0L 8 ���? Proposed Emergency Ordinance SUBJECT: ROM : -' ar os eZ REFERENCES : Local Law Enforcement City Manager Block Grant VII Program ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance which establishes initial resources and initial appropriations entitled: "Local Law Enforcement Block Grant (LLEBG) VII Program" accepting a grant from the U.S. Department of Justice, in the amount of $1,828,690 and allocating a required match in the amount of $203,188, from the Law Enforcement Trust Fund, Project Number 690001. BACKGROUND The Local Law Enforcement Block Grant Program is administered by the U.S. Department of Justice, Bureau of Justice Assistance (BJA). The Miami Police Department is eligible for $1,828,690 in funding during fiscal year 2002 - 2003. The City of Miami is required to provide a match in the amount of $203,188. The purpose of the Local Law Enforcement Block Grant Program is to fund local governments to underwrite projects to reduce crime and improve public safety. The use of these -funds are restricted to the allowable purpose areas under the LLEBG program and law enforcement agencies may not use these funds to supplant/replace local funds. Application requirements include a non- binding review by an Advisory Board, which has already been done. Also required is a public hearing regarding the propose use of said funds. CAG i(ti4 G ll r 122.67 • AFFIDAVrF STATE OF FLORIDA: : SS COUNTY OF DADE : Before me this day personally appeared Raul Martinez who being duly sworn, deposes and says that: 1, Raul Martinez, Chief of Police, City of Miami, do hereby certify that this request for expenditure from, the City of Miami Law Enforcement Trust Fund, for matching funds required for the Local Law Enforcement Block Grant VII, in an amount not to exceed $203;188.00, complies with the provisions of Section 932.7055, Florida Statutes. Raul Martinez Chief of Police City of Miami Police Department Subscribed and sworn to. before me this day of '2002, by Raul Martinez, who is personally lmown to me. AT LARGE ft PWW q,�» Eowm Seownbw 20,2W4 , • 4 U.S. Department of Justice Office of Justice Programs Bureau of✓ustice Assistance Office of the Director Washington, D.C. 20531 June 18,2002 Mr. Gimenez City Manager, Miami City Miami Riverside Center 444 SW 2 Avenue Miami, FL 33130-0708 RE: Fiscal Year 2002 Local Law Enforcement Block Grants Program Dear Mr. Gimenez: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2002 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $1,828,690 for Miami City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award maybe used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. if you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be tirected to the Office of the Comptroller, Customer Service Division at (800) 458-0786. look forward to a continuing partnership with Miami City in furtherance of this important aminal justice program. ,,incerely yours, Richard Nedelkoff Director attachments 122'7 0 • U.S. Department of Justice Office of Justice Programs `►,,,,,,�. Officefor Civil Rights Washington, D.C. 20531 June 18, 2002 MT Gimenez City Manager, Miami City Miami Riverside Center 444 SW 2 Avenue '.Miami, FL 33130-0708 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified \ssurances that your agency is in compliance with applicable civil rights laws, this ,)ffice has determined that you have met this requirement in the Department of Justice : �gulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 12.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), +.)ffice of Justice Programs, I would like to offer you my assistance in completing the .:onditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes t, invard. you know, equal opportunity for the participation of women and minority ^iii%iduals in employment and services provided under programs and activities eiving Federal financial assistance is required by law. Therefore, if there has been.a !�-deml or state court or administrative agency finding of discrimination against your _gency, please forward a copy of such order or consent decree, as required by A ssurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice PmLuams, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, �... 20531. Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15,, each grantee that receives 5500,000 or more (or 51,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. t 2 Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy -to -follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven -Step Guide to the Design and Development of an ESOP (which includes an EEOP Short Form) will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each 3' of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date'oftheir award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under 3500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives 525,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded 51,000,000 in an eighteen (18) month period, it must submit an acceptable ESOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR. within 60 days. If you have already submitted an ESOP as part of another award from. the Office of Justice Programs (O1P) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no ESOP is required. it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. 1 ,(v 6 7 Additional Instructions For Grantees Receiving Under S25,000.- 5. 25,000:5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 If you -have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Acting Director, Office for Civil Rights cc. Grant Manager Financial Analyst The employment practices of certain Indian Tribes are not covered by Title Vlt of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e. 1226'x. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP x : BJA r OJJDP BJS j 7 Nil OVC CHE(-K APPROPRIATE BOX 0 AWARD X GRANT PAGE I OF 7 COOPERATIVE AGREEMENT 4. AWARD NUMBER. 20()2 -LB -BX -0289 Miami City Miami Rivmrside Cenarr 4" SW 2 A,-cnt:c PROTECT PFRI0O- FROM 111,01,12fIr-I TO 09/30/2003 Mi-im;, FI. 33130-076,R (IR ANTEF'IRS:'-T%'kV.)R N: 1. 51)(10W40, .-SUBGRANTEF NANIE AND NDURFS', (MvItuting Zip Cndcl ;I-",8GR.AN7EE MS VENDOR N(i Pqt),;,ci r!rLE FY200' Lxal L.-,,, En"on-c-cment Bfo,k Giant, SPEC I A1. C ONDITION 5 tChcck. ifapplicablut 9',;t)6ET PERIOD: FROM 10 01.2001 ft 09,3012003 6. DATE (16:'18x2002 1 ACTION 8 SUPPLEMENT NUMBER x Innul Sopplcmental 9 %WARD A.%IOUNJ- Ui OF THIS AWARD 11. TUTAL AWARD SO.00 51,828.690 S1.829.6" THE ABOVE GRANT PROJECT IS AIIPRO'. ED SUBjEt. f .TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON T4E ATTACHED 6 PAGES i�1-.-,:.:7C)R)'A,7H0R:-. Y FOR GRANT :TI -F i -)F-tf� STREF-7 f'! :11;1 E'!- AMENDED as i Pub L. No. THE i;RA\ rF . 7 VIA A LETTER OF CREDIT X \1) :6 TYPED NAME AN! 1' -1 -'P0FFtCIAL !R TYPED NAME AND T!T! f: fir OFFICIAL R;chjfd (dfl..S(,tmcncz 'Ri:' I:RF riF DATE fs, !:k1,11) IWO DIV ':IAN ( iv"! .1% R Ft. 12267 ar U.S DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP j ; ; BJA I OIJDP j Bis 71 Nu j UVC CHECK APPROPRIATE BOX PROJECT NUMBER: 2002•LB-BX-0285 AWARD CONTINUATION 1 SHEET 'x! GRANT I PAGE I COOPERATIVE AGREEMENT i i — AWARD DATE 06118nW2 SPECIAL CONDITIONS 2 OF? 1 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. =. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, 1 Local Governments and Non -Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. j The recipient acknowledges that failure to submit an acceptable Equal EmploymentI Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in i compliance. j 4 The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). The recipient shall submit one'copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2002 -LB -BX -0285 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice:' The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of I Justice. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(ax2) of H.R. 728, 104th Cong. (1995). that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non -administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1. 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10. United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense 'Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. :M 2 (RFS' 5871 PRF%'I01;S EDITIONS ARE OOSOI.ETF 122.67 — ^— -- -- U.S. DEPARTMENT OF —' - ------ ! .� i AWARD CONTINUATION + OFFICE OF JUSTICE PROGRAMS i SHEET ` OJP `x BJA OJJDP i x i GRANT i PAGE 3 OF 7 11 BJS f NU !— OVC COOPERATIVE AGREEMENT —i -- -- } CHECK APPROPRIATE BOX -- ----.. rRC11E6NUMBER: 2002 -LB -BX -0285 AWARD DATE 06/1 &2002 i SPECIAL CONDITIONS CONTINUED ' i The recipient agrees this award document constitutes the obligation of federal fiends for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle - Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during -the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the i Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial i Status Report (SF -269A). _ The recipient agrees to submit one final progress report via the Internet system at the end ofthe 24 month obligation and expenditure period. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security, that the recipient or subrecipient- - ka) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; will conduct such an assessment with respect to each such enhancement, and, C) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet system. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Svstcros- :1-M ' I REV 5611 PREVIOUS EDITIONS ARE OBSOLETE 12267 PROJECT • NUMBER: U.S. DEPARTMENT OF JUSTICE ' AWARD CONTINUATION OFFICE OF JUSTICE PROGRAMS i SHEET r l .OJP I X I BIA F OJJDP i 1 X GRANT BJS NU J OVC t I � COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX 2002 -LB -BX -0285 ----- AWARD DATE 061182002 PAGE 4 OF 7 SPECIAL CONDITIONS CONTINUED 1 The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other relate, federal environmental impact analyses requirements in the use of these grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with. these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third patty, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain; 3. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, o educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: f. For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. i The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant fiords. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to littp://www.ojp.usdoj-goviec/states.htm The recipient agrees to provide and expend a 10 percent cash match (calculated as 119 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable tinder Special Condition #2 and will be binding to the recipient. i r.'•A -1!402 (REV. 597t PREVIOUS EDITIONS .ARE OBSOLETE 4 PROJECT NUMBER: 2002 -LB -BX -0285 AWARD DATE ONIW002 SPECIAL CONDITIONS CONTINUED PAGE 5 OF 7 15. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (I) public hearing I will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will -hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. y The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or new established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the i advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutors office; I j c) the local court system; d) the local school system; and. e) a local nonprofit, educational• religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations; are adopted by the recipient. The recipient has certified it is not in compliance with the Public Safety Officers Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77). Therefore, the recipient will receive not more than 90 percent of the eligible award amount or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the reduced award amount. j i The recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. : •.1 1(0112 (REV. 587J PREVIOUS EDITIONS ARE OBSOLETE 12267 U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION o OFFICE OF JUSTICE PROGRAMS ^� _ SHEET e -i OIP x BJA OJ1DP j X GRANT '4J� Bis — NU ! OvC I J COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX j PROJECT NUMBER: 2002 -LB -BX -0285 AWARD DATE ONIW002 SPECIAL CONDITIONS CONTINUED PAGE 5 OF 7 15. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (I) public hearing I will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will -hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. y The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or new established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the i advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutors office; I j c) the local court system; d) the local school system; and. e) a local nonprofit, educational• religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations; are adopted by the recipient. The recipient has certified it is not in compliance with the Public Safety Officers Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77). Therefore, the recipient will receive not more than 90 percent of the eligible award amount or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the reduced award amount. j i The recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. : •.1 1(0112 (REV. 587J PREVIOUS EDITIONS ARE OBSOLETE 12267 a.- 0 U.S. DEPARTMENT OF1Usna IAWARD CONTINUATION : OFFICE OFIUSTICE PROGRAMS II SHEET j. 01P �) 111A f ; CI11DP ii Eiji GRAM PAGE 6 OF 7 I• — i BJS r I Nt3 CIVC !`11' coDPERATIVEAGREEMEM CHECK APPROPRIATE BOX PROJECT NUMBER: 2007 -LB -BX -0265 i AWARD DATE - 06/18/2002 I SPECIAL CONDITIONS CONTINUED Mitigation of Health, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. I b- Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine' methamphetamine laboratories, hereafter refected to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety, and environmental impacts of its Program, it will (1) include the nine, below listed protective measures or components within its Program; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this grant agreement; and (3) implement these protective measures throughout the life of this grant agreement, in so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractors, or other qualified third parties. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories: j 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA requited protective wear and other required safety equipment: I . 4. Assign properly trained personnel to prepare a laboratory: 'M 1(xW2 (RES' 587) PREVIOUS EDITIONS ARE OBSOLETE contamination report on each closed 120167 i Y � 'y +rs,w�s PROJECT NUMBER U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS (J! OIP - WA i 7 OJJDP f [7, BJS NU OvC CHECK APPROPRIATE BOX 21)02-L.B-BX-0285 AWARD CONTINUATION SHEET GRANT �1 COOPERATIVE AGREEMENT AWARD DATE 06/182002 SPECIAL CONDITIONS CONTINUED PAGE 7 OF 7 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter -agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible parry, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for I methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any additional environmental analyses need to be completed. i i I- +:2%I 4(ft,2 (REV 587) PREVIOUS EDITIONS ARE OBSOLETE 12267 L-1 TO Raul Martinez Chief of Police (Through Channels) Major Joseph T. Longueira Commander . Support Services Section i CITY OF MIAMI; FLORIDA INTER -OFFICE MEMORANDUM DATE : June 26, 2002 FILE: SUBJECT, FY 2002 LLEBG Program/ EEOP Compliance REFERENC;E5 Our application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2002 Local Law Enforcement Block Grants (LLEBG) Program was recently approved in the amount of $1,828,690. In accordance with Assurance No. 15, each grantee that receives $500,000 or more and has 50 or more employees, must submit an Equal .Employment Opportunity Plan (EEOP) or, a copy of the letter received from the Office of Civil Rights showing that our EEOP is acceptable, from the time that it was last submitted as part of a previous award. Enclosed is a copy of said letter dated December 7, 1999. Also attached is a letter to Ms. Inez Alfonzo Haller, Director for the Office of Civil Rights, which requires"your signature. Should you need additional information, please contact me at extension 3491. JTL:mlg Enc. -1226 t �tUlfgull Y OFA; CARLOS A. GIMENEZ 1...I i. 11. c` City Manager Ms. Inez Alfonzo Haller. Director U.S. Department of Justice Office of Justice Programs Office for Civil Rights 810 Seventh Street, NW, Room 5107 Washington, DC 20531 Re: Fiscal -Year 2002 Local Law Enforcement Block Grants Program Equal Employment Opportunity Plan for the City of Miami Dear Ms. Alfonzo Haller: Our application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2002 Local -Law Enforcement Block Grants (LLEBG) Program was recently approved in the amount of $1,828,690. In accordance with Assurance No. 15, each grantee that receives $500,000 or more and has 50 or more employees, must submit an Equal Employment Opportunity Plan (ESOP) or, -a copy of the letter received from the Office of Civil Rights showing that our EEOP is acceptable, from the time that it was last submitted as part of a previous award. Enclosed is a copy of said letter dated December 7, 1999. Should you need- additional information, please contact Major Joseph T. Longueira, Commander, Support Services Section, at (1305) 579-3491. Sincerely, t Raul Martinez Chief of Police RM:mlg Enc. 12267 or w•0 Loptu ClllC �"' •. U.S. Department of Justice � w � •,,,. Office of Justice Programs December 7, 1999 moron. QG 20531 Kathleen Thurston Support Services Section Miami Police Department 400 NW Second Avenue, Room 408 Miami, Florida 33128 Re: Equal Employment Opportunity Pian for the %'--.iiy of Miami �)ear.Captain Madueno: The Office for Civil Rights has reviewed and approved the revised Equal Employment :`pportunity Plan (EEOP) dated December 3, 1999, which you submitted in accordance with ne provisions of your recent grant award. The plan that you submitted conforms to the Seven Step Guide to the Design and Development oian Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Department of Justice requires for our --:tial screening of your EEOP. The Department of Justice regulations for developing a .,17,,,,,-,rehensive EEOP may be -found at 28 CFR § 42.301 et sea. you have any questions regarding this matter, please contact the Office for Civil Rights at 202) 307.0690. -rely, 1C..0 i-i7iurizo r•laller ='i; Ector, Office for Civil Rights Cynthia Gaines, Office of the Comptr-Aer 1226 M -L -t Ulf txrt uralunu y is u �. �(().FF�I�__..._ JUN 1 2 2002 Mr. John G. Marshall, M.S.W. Secretary Dade -Miami Criminal Justice Council Department of Human Services 111 N. W. First Street, Suite 2210 Miami, Florida 33128 Dear Mr. Marshall: ARLOS A. GIMENEZ Cit', Mallago. Pursuant to the guidelines of the Local Law Enforcement Block Grant, the City of Miami would once again request that the Dade -Miami Criminal Justice Council serve as, its designated Advisory Board for reviewing the application and making non-binding recommendations. As the City of Miami's designated Advisory Board, it is requested that you take the necessary steps to include a review of the grant on your agenda for the next available meeting. Major Joseph T. Longueira will be in attendance at your July 19, 2002 meeting, to answer any questions you may have regarding this matter. I understand that the meeting will be held at 111 NW 1 Street, 18`h Floor, at 1000 hours. The Miami police department anticipates the funding will be used for the following: Technology, i.e. hardware and software. Final Award Amount - $1,828,690 Should you have any additional questions, or need additional information, please contact Major Joseph T. Longueira, at 305-579-3491. Sincerely, Raul Martinez Chief of Police RM:mlg 1.2267 jr w, . o HIN • �• -v�%_ of Nor J U N 1 ? 2002 Ms. Jasmin Raffington Florida State Clearinghouse Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 Dear Ms. Raffington: C:ARLU: A. GLNtE\EZ (-It', ".ldl Iagel Pursuant to the instructions provided with the fiscal year 2002 Local Law Enforcement Block Grant (LLEBG), we are submitting a copy of our grant application to your office as the OMB State Single Point of Contact. Should you need additional information, please contact Major Joseph T. Longueira at (305) 579-3491. Sincerely, Raul Martinez Chief of Police RM:mlg X12267 s 1 C. ME, i� RIGH, THIN —v�v-- LLEBG Program Online H� Page I of 3 LLEBG PROGRAM ONLINE HELP . FAQ INSTRUCTIONS MORE HELP SEARCH LLEBG System Guidance The following information is being provided in an effort to assist each. grantee in managing the LLEBG Program. Accepting Your Award . Receiving your Award Documents and accepting the Award does not provide your jurisdiction with immediate access to the Program funds. Prior to actually receiving funds, you must first complete the Request for Drawdown process. 10% Match The LLEBG Programrequires a 10% cash match; federal funds may not exceEu 90% of total program costs: Interest derived from the award does not have to be matched, but interest generated from the trust fund may not be used as part of the local match. Matching contributions need not be applied at the exact time or in proportion to the obligation of federal funds. However, the full match must be obligated by the end of the project period. There is no waiver provision for the match requirement (except forAmerican Samoa, Guam, Northern Mariana Islands and U.S. Virgin Islands). Obligating Funds Prior to obligating (writing purchase orders, entering into contracts or service agreements) any LLEBG funds, grantees must . Hold both the Advisory Board Meeting and Public Hearing. Expenditure of LLEBG Funds You may not expend any grant funds until you have completed the RFD process. You have exactly 24 months in which to expend (pay for goods and services) all funds, including local match funds and any interest earned. No later than 90 days after the expenditure period ends, all unexpended funds must be returned to the OJP Office of the Comptroller for reallocation to the LLEBG Program for the following year's award cycle. Instructions for the Request for Drawdown Process The following information is being provided to help you prepare for the completion of the RFD: L Advisory Board Meeting and Public Hearing Both of these meetings must have been held prior to obligating (writing purchase orders, entering into contracts or service agreements) any LLEBG funds. You will need to provide the following information regarding these meetings: The date the -public hearing was held. The date the Advisory Board completed its review of the proposed allocation of funds. Certification that the Advisory Board has reviewed the proposed allocations. List of Advisory Board members (by organization). Certification of Public Hearing Notice and method of notification. Il. LLEBG Program/Purpose Areas https://grants.ojp.usdoj.gov:8004/doc/instructions.htm 12267 6/24/2002 LLEBG Program Online H Jurisdictions are reminded that ey may not use LLEBG funds to supplant/replace local funds. Page 2 of 3 The seven (7) purpose areas in which LLEBG funds may ble allocated are the same as in previous LLEBG program years. You are required to indicate the total dollarjamounts allocated to each of the seven (7) program/purpose areas. The sum of the purpose area allocations must equal your total award plus match.. Purpose Area #1a: Hiring and Training of law enforcement and support personnel (You are required to provi information regarding the number of FTE's funded with LLEBG funds and indicate the category/classification employee) Purpose Area #1b: Overtime for law enforcement and/or support personnel (You are required to indicate the programmatia purpose areas for which the overtime is expended.) Purpose Area #1c: Equipment (You are required to indicate the type of equipment being purchased Zand the initiatives to be addressed by the use of the equipment.) j Purpose Area #2: Enhanced Security Measures in and around Schools or Locations that are a -specie? risk (i.i domestic violence shelters, elderly housing, etc.). (You are required.to indicate the facility for which security measures are being enhanced. If the project includes the purchase of equipment in order to meet the project goals, you will be asked to provide information regarding the type of equipment being purchased.) j Purpose Area #3: Establish or Support Drug Courts (You are required to identify the specific population invol% in the drug court [juvenile, adult or both] and provide information regarding the drug court program.) Purpose Area #4: Enhance adjudication of cases involving Iviolent offenders (You need to identify the age grc targeted by the project, provide data relative to the number of FTE's funded, and the initiative behind the prog [i.e., increasirig,space in correctional and holding facilities].) Purpose Area #b: Establish Multi -jurisdictional Task Foi agency partners as well as the specific focus of the task Purpose Area #6: Establish Community Crime Prevention prosecute criminals (You are asked to identify the program (You are required to identify both local and tms to control, detect, or investigate crime or to and target population of the program.) Purpose Area V. Defray the Cost of Indemnification Insurance for law enforcement officers (You are requin provide information regarding the total amount of indemnifici tion insurance purchased by your jurisdiction.) Note: The following list indicates those expenses that are not allowable under the LLEBG guidelines: I • "hanks or Armored Vehicles • Fixed -Wing Aircraft • Limousines • Real Estate • Vehicles (not primarily used for law enforcement) •. Consultants e Yachts • New Construction I_ (*Renovations to existing facilities require prior approval by BJA staff and the federal share cannot exceed Ill % oft total renovations costs.) 1 — Louisiana State Applicants (FY 1999 ONLY) j LLEBG legislative language requires Lousiana grantees to consider Advisory Board recommendations as ,.-binding. In prior years, the Bureau of Justice Assistance (BJA) has requested these be submitted in writing to BJA prior to allowing for the drawdown of funding. For Fiscal Year 1999 funding, Lousiana grantees will) be https://grants.ojp.usdoj.gov:8004/doc/instructions.htm 1 6/24/; to 226 LLEBG Program Online He Page 3 of 3 Boar recommendations as art of the LLEBG rant files required to establish and maintain a file of all Advisory deco P 9 on-site and to make these available for BJA review upon request during any on-site visits conducted by BJA Please do not submit copies of these to BJA as part of the RFD process. https:Hgrants.ojp.usdoj.gov:8004/doe/instructions.htm 12267 6/24/2002 S CITY OF MIAMI, FLORIDA INTER=OFFICE MEMORANDUM Priscilla A. Thompson TO: City Clerk FROM: '� Ma or Hector Mirabile Commander Business Management Section DATE: FILE SUN 2 7 2002 � LEG 7-2 Request to Publish Notice for SUBJECT: public Hearing REFERENCES: ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for the use, of Local Law Enforcement Block Grant VII funds, which is a requirement of the program. The date and time of this public hearing will be C at a.m. AP vi G. Alonso Agenda Coordinator HM/Ir . 12267 CITY OF MIAMI[ NOTICE TO THE PUIBLIC A public hearing will be held by the City Commission of the City of Miami, Florida on i �te'rican` at a.m. in the City Commission Chambers at City Hall, 3500 PanDrive, Miami, Florida, for the purpose of considering proposed uses of funds from a grant entitled "Local Law Enforcement Block Grant VII Program." The U.S. Department of Justice is providing said grant to the Miami Police Department, in the amount of $1,828,690. The purpose of the Local Law Enforcement Block Grant Program is to provide units of local governments with funds to underwrite projects to reduce crime and improve public safety.