HomeMy WebLinkAboutO-12037J-01-274
3/28/01
37
ORDINANCE NO. 0
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING INITIAL RESOURCES AND
APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "BYRNE FORMULA GRANT PROGRAM FUND"
AND AUTHORIZING EXPENDITURES FOR THE
OPERATION OF SAME IN THE AMOUNT OF $250,000,
CONSISTING OF A GRANT FROM THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
WHEREAS, the Florida Department of Law Enforcement ("FDLE")
has awarded the City of Miami a grant in the amount of $250,000
to implement a multi -agency project entitled "Operation River
Walk," to reduce the importation of illegal drugs and the
shipment of illicit cash proceeds across Florida borders,
targeting the Miami River and surrounding areas; and
WHEREAS, the Department of Police will administer the grant,
using the funds for operating expenses, equipment purchases and
officer overtime;
S v 7.0 &7
j4
x.2037
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The following Special Revenue Fund is
established and resources are appropriated as described herein:
FUND TITLE: Byrne Formula Grant Program Fund
RESOURCES: Florida Department of
Law Enforcement $250,000
APPROPRIATION: $250,000
Section 3. The City Manager is authorized!' to accept a
grant from the Florida Department of Law Enforcement, in the
amount of $250,000, and execute the necessary documents, in a
form acceptable to the City Attorney.
Section 4. The Department of Police is authorized to
expend monies from the Special Revenue Fund for the operation of
Byrne Formula Grant Program.
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 4 12037
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this Ordinance are repealed.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. This Ordinance is hereby 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 its debts, necessary and required purchases
of goods and supplies and to generally carry on the functions and
duties of municipal affairs.
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.
Section 8. The requirement of reading this Ordinance on
two separate days is dispensed with by an affirmative vote of not
less than four-fifths (4/5ths) of the members of the Commission.
Section 9. This Ordinance shall become effective
immediately upon adoption and signature of the Mayors/.
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 4 12 0 3 7
11
n
PASSED AND ADOPTED BY TITLE ONLY this 29th day
of March 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2,36. since the Mayor did not indict is approval of
{ti,
this legislation by signing it in the de SEgnalell7!'.C};'f]'JId=;(i, ,,^:,3 c� I �I✓�~om�.S �.i1�'Ct(Ve �''��CII tY{ f'�"��C.N JEi/Gi' —� �!;:3� Criv :�df'Crregarding same without the Mayo uxor f �
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRO;W!llOV TO E
11A' -ND ARELLO
TY ATTORNEY
W1039:LB
OF
AND CORRECTNESS:t/
Page 4 of 4
10--60�
City Clerk
12037
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members
TO: of the City Commission
FROM: Carlos A. Gimenez
City Manager
RECOMMENDATION
DATE:
FILE :
SUBJECT: Proposed Emergency Ordinance
REFERENCES: Byrne Formula Grant Program
"Operation River Walk"
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance
which establishes initial resources and initial appropriations for a Special Revenue Fund entitled:
"Byrne Formula Grant Program," accepting a grant, in the amount of $250,000, from the Florida
Department of Law Enforcement.
BACKGROUND
This grant award is for implementation of a project entitled "Operation River Walk," which
consists of a plan to reduce the importation of illegal drugs and the shipment of illicit cash
proceeds across Florida borders. The plan calls for a multi -agency coordinated approach and
organizes a four -pronged strategy including: law enforcement, regulatory, economic development,
and prevention in order to re-claim the Miami River and surrounding area for legitimate
commercial, tourist, and residential interests. Funds will be utilized for operating expenses,
equipment purchases and officer overtime. The Miami Police Department will be the grant
administrator.
CAG/l/ /JLM/lr
. �3
Florida Department of Office of Criminal Justice Grants Mailing Address:
Law Enforcement Office of criminal Justice Grants
Florida Department of Law Enforcement
James T. "Tim" Moore 1819 Miccosukee Commons
Commissioner Tallahassee, Florida 32308
(850) 410-8700
March 7, 2001
The Honorable Joe Carollo
Mayor, City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Re: 01-CJ-D8-11-23-02-218/Operation River Walk
Dear Mayor Carollo:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement grant in the amount of $187,500 to your unit of government. These
funds shall be utilized to implement a Byrne Program under Purpose Area 002 -
Multijurisdictional Task Force.
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 H 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.
Also, you should review the enclosed Subgrant Award Certificate. This certificate contains
important information regarding Section H that applies to this grant award.
The enclosed Certificate of Acceptance 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 reimbursement of any
project expenditures.
1203'7
Committed to
Service . Integrity Respect Quality
The Honorable Joe Carollo
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Beth Hamilton at 850/410-8700.
Sincerely,
L*Owier
Community Program Administrator
CHW/BH/mg
Enclosures
12037
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
O1 -CJ -D8-11-23-02-218 in the amount of $187,500,
for a project entitled: Operation River Walk
for the period of 02/15/2001 through 09/30/2001, in accordance with
the statement of work contained in the subgrant application, and
subject to the Florida Department of Law Enforcement's conditions
of agreement and special conditions governing this subgrant.
(Signature of Authorized Official) (Date of Acceptance)
(Typed Name and Title of Official)
12037
1031 2bl 20111 1 1: Zin tS'7ri41UB I'28
•
BCA CJ
0
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
SUSGRANT AWARA CERTIFICATE
Su grantee: City of Miami
Da a of Award: March 7, 2001
Gr int Period: From: 02/15/2001 To: 09/30/2001
Pr. d ect Title: Operation Rive:- Walk
Grint Number: 01 -CJ -DB -11-23-02-21$
FeAeral Funds: $187,500.00
BG (TF Funds:
1
Sti .te Agency Match:
Lo( 'a1 Agency Match:
Toial Project Cost: $250,000.00
Prc gram Area: 002
PAGE 02
F.1
Aw2rd is hereby made in the amount and for the period shown above
of a grant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90-351, as amended, and the Anti -Drug
Abkae Act of 1988, P.L. 100-690, to the above mentioned subgrantee
anC subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and
coriitions as contained in the Financial and Administrative Guide
foi:Grants, Guideline Manual 7100.1D, Office of Justice Programs,
Connon Rule for State and'Local Government® and A-87, or OMS
Ciz=ulare A-110 and A-21, in their entirety. it is also subject
to Such further rules, regulations and policies as may be reasonably
pre cribed by the State or Federal. Government consistent with the
puzposes and authorization of P.L. 90-351, as amended, and
P.Li 100-6.90.
X20 `'
b i! tt5!'Lbbl 1 / : tb ri5b41bti!'Ltf t5t t1 CJ NAGE 03
p-2
SUBGRANT AWARD CERTIFICATE (CONTINUED):
This grant shall become effective on the beginning.date of the
gr,int period provided that within 30 days from the date of award,
a properly executed Certificate of Acceptance of Subgrant Award
isreturned to the Department.
Au+hor'zed Official
Cly yton H. Wilder
Coimunity program Administrator
Dat ia
(XI''his award is subject to epecial and/or standard conditions
( jttached) .
12037
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
SPECIAL CONDITIONS)/GENERAL COMMENT(S)
Grantee (Name of SPA): Office of Criminal Justice Grants
Grant Number: 01 -CJ -D8-11-23-02-218
Grant Title: Operation River Walk
In addition to the general conditions applicable to fiscal
administration, the grant is subject to the following Special
Condition (s):
Prior to the drawdown of federal funds, the City of Miami
must submit the Subgrantee Equal Employment Opportunity (EEO)
Program Certification.
12037
Edward Byrne Memorial State and Lel Law
Enforcement Assistance Formula Grant Program
This section to be. completed by the Subgrantee: This section to be cc
ir.n
feted by-OCJG:---- -
Continuation of Previous Subgrant? 0 Yes X No SFY 2001 CJ Contract Number
If Yes, enter State Project ID # of Previous Subgrant 2001 CJ - D8 11 - 1 2 - 02 218 r
00 - CJ - - f Unique ID #99-218 PA#: 002 CFDA #: 16.579
A. Names & Addresses
1. Sub rant Recipient
Name of Chief Elected Official / State Agency Head Joe Carollo
Title Mayor, City of Miami
Address City Hall, 3500 Pan American Drive
City, State, Zip Code Miami, Florida 33133
Area Code/Phone #
3051250-5300
SUNCOM#T
Area Code/Fax #
—
Chief Financial Officer
Name of Chief Financial Officer
Robert Nachlinger
Title
Address
City Finance Director
444 South West 2"O Avenue
City, State, Zip Code
Miami, Florida .33130
Area Code/Phone #
305/416-1025
Miami, Florida 33128
SUNCOM #
1
Area Code/Fax #
1 305/377-2960
3. Implementinq Agency (Government Agency Responsible for Proiect)
Name of Chief Executive Official
Raul Martinez
Title
Chief, City of Miami Police Department
Address:
400 Northwest 2nd Avenue
City, State, Zip Code
Miami, Florida 33128
Area Code/Phone #
305/579-6565
E -Mail Address
William.nugent@miami-police.org
SUNCOM #
Area Code/Fax #
305/377-2960
4. Project Director and Contact Person, if different from Project Director
Must be Employee(s) of Governmental Implementing Agency)
Name of Project Director Noel Rojas
Title Major, Miami Police Department
E -Mail Address
Address 400 Northwest 2nd Avenue
City, State, Zip Code Miami, Florida 33128
Area Code/Phone #
3051579-6565
SUNCOM #
Area Code/Fax #
3051377-2960
Name and Title of Contact Person CIA H Scott Nugent
Address
. 400 Northwest 2nd Avenue
E -Mail Address
William.nugent@miami-police.org
City.
Stats. Zip Code: Miami, Florida 33128
---
-F.rea Code/Phony --. --r----------_��—
i SUNCOP.1 # �
------x
A rea Code --!Fax R
305!579-6472
`
305/377-2960
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section Il - Pace 1
Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program
B. Administrative Data
1.
2.
Project Title (Not to exceed 134 characters, including spaces)
Operation River Walk
riod
Period Month Day Year
Beginning February 15 -, 2001
Ending September 30 2001.
Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a
description of board responsibilities.) _Yes X No
C. Fiscal Data
1.
(Ir orner roan the L neer rinanciai umcer) rtemn warrant to:
same
Note: If the subgrantee is participating in the State of Florida Comptroller's Office electronic transfer
program, reimbursement cannot be remitted to any other entity.
2. Method of Payment: Monthly XX Quarterly
(It is mandatory that the method selected be consistent throughout the entire grant period.)
3.
4.
Vendor # (Enter Federal Employer Identification Number of Subgrantee):
r
000375
SAMAS # (Enter if you are a state agency)
N/A
(See Section H., Paragraph 13, for a definition of PGI.)
6. Will the applicant be requesting an advance of federal funds? — Yes X No
(If "Yes", a letter of request must be attached.)
FDLE Bvrne Formula Grant Aoolication Package
Revised 01/08/2001
t Application
on //1PR37
im
AD
Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program
m uata
1. Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are
seeking funds to continue existing project activities, your problem statement must also provide a short
summary of your current program and describe any gaps between current and desired project results.
Program Description. Briefly describe how project activities will address the targeted problem. Describe who
will do what, when, where and how.
Start below and use continuation pages as necessary.
1. Problem Identification:
Legitimate commerce on the Miami River constitutes a significant portion of Florida's
shallow -draft maritime trade with the Caribbean, but the Miami River is also a major source
of drugs entering the United States through the Florida maritime gateway. Many ships arrive
without any legal cargo and are believed to be loaded with cocaine and/or other drugs.
These ships remain berthed at one of the many terminals along the river, often for months,
while allegedly taking on cargo for export. When they leave, these ships are suspected to
be exporting stolen property and bulk cash proceeds from illegal activity in the United States.
These suspicions are confirmed by two recently released reports: a study of Florida's ports
commissioned by the Governor's Office of Drug Control and a Florida Statewide Grand Jury
report. Local and State intelligence, and the size of drug seizures on the Miami River over
the past three years (1998/9,000 lbs; 1999/2,000 lbs; 2000/6,000) also support the
allegations. These numbers account for nearly 90% of the drugs seized in conjunction with
maritime commerce in Miami during this time period.
The State of Florida's Drug Control Strategy mandates a 33% reduction in the supply of
drugs in this State by 2005. This goal cannot be realized without controlling the supply of
contraband entering Florida and the United States on the Miami River. Further the negative
impact of the illegal activities on legitimate commerce along the River cannot be
underestimated. Resources currently assigned to regulate commerce and to enforce
Federal and State contraband laws are insufficient to adequately control smuggling activities
in this area.
In response to these maritime smuggling activities, Florida's Governor has committed to
working with Local, State and Federal government agencies to develop and implement a
comprehensive plan to reduce the importation of illegal drugs and the shipment of illicit cash
proceeds across Florida borders. The plan calls for a multi -agency coordinated approach,
and organizes a four -pronged strategy including: Law Enforcement, Regulatory, Economic
Development, and Prevention in order to re-claim the Miami River and surrounding area for
legitimate commercial, tourism, and residential interests.
The Law Enforcement component of Operation River Walk will take about two years to
complete and includes four major elements:
Surge Operation —.initial six-month intensive interdiction effort
Long term investigative effort — protracted effort to augment investigative resources in
the south Florida area
Integrated Intelligence effort— coordinated and focused multi -agency intelligence
operation to track and report shifts in smuggling trends that result from the Surge; and
collect seizure related information in a common database
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section It - Page12037
0
Edward Byrne Memorial State and Loca*w
Enforcement Assistance Formula Grant Program
Prosecution — all phases will be supported by an integrated,coordinated prosecution
team, comprised of the Statewide Prosecutor, United States Attorneys Office, and Office
of the State Attorney.
This plan ensures a rapid strike, high visibility law enforcement presence to clean out the
Miami River and surrounding area, a contingency for illegal operations that choose to move
into another Florida location, and a sustained two-year presence to help implement lasting
change in the area. The two-year operation will be partially funded by a High Intensity Drug
Trafficking grant.
This proposal requests funding for Operating Capital, Expenses, and Officer
Overtime, to assist local and state agencies participating in the Surge operation.
2. Program Description:
The "surge operation" will be an intensive six-month effort focusing on inspections and
enforcement activities designed to deny drug traffickers the use of the Miami River as a safe
haven for drug smuggling. The operation will augment the existing United States Customs
resources with United States Coast Guard, Border Patrol, Coast Guard, Drug Enforcement
and Immigration personnel. The State will commit resources from the Florida Department of
Law Enforcement, National Guard, Fish and Wildlife Commission, Highway Patrol, and
Transportation. Initially personnel from City of Miami Police Department, Miami -Dade Police
Department and Broward Sheriffs Office will make up the local law enforcement
commitment. Should the intensive efforts move illegal operations northward, commitments
have been obtained from local law enforcement in Palm Beach, and Indian River counties,
as well.
The operation will be primarily a high visibility, uniformed operation conducted within the land
area of Monroe, Miami -Dade, Broward, Palm Beach, and Indian River counties, and the air
and sea approaches to these counties. The surge effort will require agencies to contribute
full time law enforcement officers to work in partnership with the U.S. Customs Service in a
concerted, around-the-clock effort that will board every vessel and search every suspicious
vessel entering the Miami River. It will also include high seas interdiction of selected Miami
bound vessels and "sweeps" of boatyards on the Miami River.
Around-the-clock surveillance, inspections, arrest and intelligence activities are extremely
manpower intensive and will require agencies to pay their officers overtime for the duration
of the six month operation. A concurrent interdiction effort at the Miami International Airport
will require supplementary personnel, and specialized resources will also be required on a
periodic basis to support air/marine interdiction activities. In addition to overtime pay, most
of these "as needed" resources will be supplied from outside the Dade — Broward area and
require travel, per diem.
Expenses for air/maritime fuel, vessel/vehicle rental. search and command facilities will also
be needed.
Investigative efforts will be supported by City of Miami personnel who will be running
investigative leads and records checks on site. This will require laptop computers capable of
wireless communication with the City of Miami Police Department system.
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11- Page 4-
1203'7
Edward Bvrne Memorial State
t Assistance Formula Grant Program
D. Pro ram Data Continued
3. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities
in the Program Description will cc�mence and how the project will progress. This chart benchmarks, planned
activities, both administrative and programmatic. An "X" has been inserted for reports that are mandatory for
all projects. Place an additional "X" to indicate ones applicable to your project. Delete the activity/action that
does not apply to your project; i.e., if your project does not earn Project Generated Income (PGI), delete the
activity from this schedule.
ACTIVITY IMPLEMENTATION SCHEDULE
Subgrant Period
February 15 2001 — September 30, 2001
(Beginning Date — Ending Date)
ACTIVITY/ACTION
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Au
Se
Submit Financial Reimbursement
Requests
Submit Financial Closeout Package
X
Submit Quarterly Program Reports
X
X
Submit Quarterly PGI Reports
(if applicable)
X
X
Organization and Planning
X
Intense Pat rot
X
X
X
X
X
X
X
Enhanced inspections
X
X
X
X
X
X
X
Investigative follow-up on seizures
X
X
X
X
X
X
X
Intelligence collection/dissemination
X
X
X
X
X
X
X
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11- Page 5
12037
E.
*Edward Byrne Memorial State and Local LO
Enforcement Assistance Formula Grant Program
Program Objectives and Performance Measures
Complete uniform program objectives and performance measures (found in Appendix V of this application
package) for the federally authorized program area you want to implement. Your application is not complete
without them and an incomplete application will not be considered for subgrant funding.
If the program area you selected does not have uniform program objectives published in this document or, if you
cannot relate your objectives to those stated, contact Tom Bishop at 850/410-8700 for further instructions. DO
NOT mix objectives from different Program Areas.
I Start below and use continuation pages as necessary. I
Program Objective
2. Multi -jurisdictional task force programs that integrate Federal, State, and/or local drug law
enforcement agencies and prosecutors for the purpose of enhancing interagency coordination
and intelligence and facilitating multi jurisdictional investigations.
Performance Measures
Uniform Performance Objectives
2.01 To arrest 50 offenders for the commission of drug offenses
2.02 To seize 4000 pounds of powdered or crack cocaine
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11- Page 7
12037
F
Edward Byrne Memorial State and Local 0
Enforcement Assistance Formula Grant Program
ect tfuoget Narrative
You must describe 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 specific sources of
matching funds.
Start below and use continuation pages as necessary.
This grant will be administered by the City of Miami Police Department. Matching State funds will be
provided by the Florida Department of Law Enforcement in the category of salaries/benefits.
Salary/Benefits
Funds in this category will be used to pay officer overtime and to reimburse State and Locallaw
enforcement agencies for over time paid in support of the Surge Operation. It is estimated that this
24 hour/7 day surveillance, interdiction, search effort will require 6000 over time hours @ an
average of $30 per hour. Total requirement: $180,000
Expense
Funds in this categorywill be used to reimburse State and Local law enforcement for travel/per diem
for resources brought to the region for specialized support such as: aviation/marine equipment &
manpower, drug dogs/handlers, and supplementary manpower. This cost is based on 8 trips during
the six-month surge operation @ $5,000/trip. Total requirement: $40,000
Funds in this category may also be expended for aviation/marine fuel 7400 gallons @ $3/gallon.
Total requirement: $22,200
Capital Outlay
Quantity
Description
Category
Unit Cost
Total
2
Pentium III 500, 6.5gig, 128 mg RAM,
CDPD card
OCO
$3900
$7800
This equipment will be used for onsite and remote investigative and intelligence support of the surge
effort. The equipment must be capable of communication with the City of Miami Police
Department's wireless communication system. This capability requires the additional CDPD card
for wireless connectivity.
The City of Miami Police Department will comply with existing federal, state, and local procurement
laws and regulations
No lease/purchase analysis was required. The equipment will be purchased from approved
contract vendor and no lease option is available.
.o
FOLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/20010 Icy
Section 11 -Page 8
Edward Byrne Memorial State and Loca/ls
Enforcement Assistance Formula Grant Program
G. Proiect Budget Schedule
The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services,
Expenses, Operating Capital Outlay, Data Processing Services, and Indirect Costs) and Total Project Costs. Total
Local Match must be a minimum of 25% of the Total Budget.
Tvae or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total(FDLE)
Salaries And Benefits
117,500
62,500
180,000
Contractual Services
Expenses
62,200
62,200
Operating Capital Outlay
7,800
7.800
Data Processing
Indirect Costs
Totals
187,500
62,500
250,000
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11- Page 9
12037
H
*Edward Byrne Memorial State and Local Al
Enforcement Assistance Formula Grant Program
nce ana Agreement
All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and
Agreement" conditions. This "Acceptance and Agreement" (Section H) must be returned as part of the
completed application.
Note Condition No. 12: Only project costs incurred on or after the effective date of this agreement and on
or prior to the termination date of a recipient's project are eligible for reimbursement.
Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Non-compliance will result in project costs being disallowed.
The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. The term
"OCJG" refers to the Office of Criminal Justice Grants.
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, Sheriff or Clerk of the Court).
1. Reports
a. Project Performance Reports:
The recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August
1, and within forty-five (45) days after the subgrant termination date.
In addition, if the subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
b. Financial Reports:
The recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim
Reports to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the
end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. A final Financial Claim Report and a Criminal Justice Contract
(Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant
termination period. Such claim shall be distinctly identified as "final".
Before the "final" claim will be processed, the recipient must submit to the Department all outstanding
project reports and must have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
The recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1,
August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project
generated income and expenditures during the previous quarter. (See Paragraph 13. Program Income.)
c. Other Reports:
The recipient shall submit other reports as may be reasonably required by OCJG.
2. Fiscal. Control and Fund Accounting 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 OCJG.
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11 - Page 10
12037
Edward Byrne Memorial State and Local*
Enforcement Assistance Formula Grant Program
All expenditures and cost accounting of funds shall conform to Office of Justice Programs (OJP) Financial
Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of
Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety).
All funds not spent according to this agreement shall be subject to repayment by the recipient.
3. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant.
Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide,
U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes.
The Department's approval of the recipient agreement does not constitute approval of consultant contracts.
4. Allowable Costs
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 OJP Financial Guide, U.S. Department of
Justice Common Rule for State And Local Governments and federal OMB Circular No. A-87, "Cost Principles
for State and Local Governments", or OMB Circular No. A-21, "Cost Principles for Educational Institutions".
All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be
according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular No.
A-110 and Florida law to be eligible for reimbursement.
5. Travel
All travel reimbursement for out-of-state or out -of -grant -specified work area shall be based upon written
approval of the Department prior to commencement of actual travel.
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. Written Approval of Changes in this Approved Agreement
Recipients shall obtain approval from the Department for major changes. These include, but are not limited to:
a. Changes in project activities, designs or research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between
budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total
approved budget and the transfer is made to an approved budget item; or,
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. Transfers do not allow
for increasing the quantitative number of items documented in any approved budget item. (For example,
equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category.)
7. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal
Edward Byrne Memorial State and Local Law Enforcement Assistance (Byrne) Formula Grant Program funds.
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Edward Byrne Memorial State and LocJQW
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8. Advance Funding
Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to
Section 216.181(16)(b), Florida Statutes (2000) and the OJP Financial Guide, U.S. Department of Justice
Common Rule for State and Local Governments. Advance funding shall be provided to a recipient upon a
written request to the Department justifying the need for such funds. This request, including the justification,
shall be enclosed with the subgrant application.
9. Commencement of Project
If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send
a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised 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 OCJG, again explaining the reason for delay and request another revised project starting
date.
Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or
shall, at its discretion, unilaterally terminate this agreement and re -obligate subgrant funds to other Department
approved projects. The Department, where warranted by extenuating circumstances, may extend the starting
date of the project past the ninety (90) day period, but only by formal written amendment to this agreement.
10. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the recipient and a contractor (which includes all
project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the
same terms and conditions set forth in the initial contract. Only one extension of the contract shall be
acceptable, unless failure to complete the contract is due to events beyond the control of the contractor.
11. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in
performance of this agreement according to its terms (including any failure by the recipient to make progress in
the execution of work hereunder which endangers such performance) if such failure arises out of causes
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 either 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 of a consultant to perform or make progress, and if such failure arises
out of causes beyond the control of recipient and 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,
b. The Department ordered the recipient in 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 of such 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:
FDLE Byrne Formula Grant Application Package Grant Application
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Edward Byrne Memorial State and Local 0
Enforcement Assistance Formula Grant Program
12. 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. Only project costs incurred on or after the effective date and on or
prior to the termination date of the recipient's project are eligible for reimbursement. 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.
13. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the recipient during the subgrant period, as a direct result
of the subgrant award. Program income shall be handled according to the OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments. Reference: The Cash Management
Improvement Act of 1990).
14. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the
recipient's consultants and suppliers, or both, 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.
15. Access To Records
The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of
Justice; 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 OJP Financial Guide, U.S. Department of Justice Common Rule for
State and Local. Governments.
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 Statutes, and made or received by the recipient or its contractor in
conjunction with this agreement.
16. Audit
Recipients that expend $300,000 or more in a year in Federal awards shall have a single or program -
specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB
CircularA-133 and other applicable federal law. The contract for this agreement shall be identified with the
subject audit in The Schedule of Federal 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 that meets the requirements of Sections 11.45 and 215.97, Florida
Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General.
b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be
complete, the submitted report shall include any management letters issued separately and management's
written response to a// findings, both audit report and management letter findings. Incomplete audit reports
will riot be accepted by the Department and will be: returned to the recipient.
c. The recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be
either a Certified Public Accountant or a Licensed Public_ Accountant.
d. The recipient shall lake appropriate corrective action within six (6) months of the issue date of the audit
report in instances of noncompliance with federal laws and regulations.
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Edward Byrne Memorial State and Local LO
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e. The recipient shall ensure that audit working papers are made available to the Department, or its designee,
upon request for a period of three (3) 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:
Department of Law Enforcement
Office of Inspector General
Post Office Box 1489
Tallahassee, Florida 32302-1489
17. Procedures for Claim Reimbursement
All claims for reimbursement of recipient costs shall be submitted on the Financial Claim Report Forms
prescribed and provided by the Office of Criminal Justice Grants. A recipient shall submit either monthly or
quarterly claims in order to report current project costs.
All claims for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit.
18. Retention of Records
The recipient shall maintain all records and documents for a minimum 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.
19. 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 OJP Financial Guide, U.S. Department of Justice Common Rule
for State and Local Governments) or the federal OMB Circular A-110.
20. 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 OJP Financial Guide, U.S. Department of Justice Common
Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as
the recipient retains the property, notwithstanding expiration of this agreement.
21. 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 ttie pepartment's decision, it also shall be made in writing within twenty-one (21)
calendar days to the Department's clerk (agency clerk). The recipient's right to appeal the Department's
decision is contained in Chapler 120, Florida Statutes, and in procedures set forth in Rule 28-106.104,
Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under
Chapter 120, Florida Statutes.
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Edward Byrne Memorial State and Local 0
Enforcement Assistance Formula Grant Program
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative of the
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
23. Publication or Printing of Reports
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.
Publications or printed reports covered under a. above shall include the following statements on the cover
page:
(1) "This report was prepared for the Florida Department of Law Enforcement, James T. 'Tim" Moore,
_ Commissioner, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance."
The next printed line shall identify the month and year the report was published. "
(2) 'This program was supported by grant # awarded to the Department of
Law Enforcement, State of Florida, and by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice. The BJA is a component of OJP 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."
(3) '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, or any other agency of the state or federal government."
24. Equal Employment Opportunity (EEO)
No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be
refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-
564, Non -Discrimination Requirements of the Anti -Drug Abuse Act of 1988; Title Vl of the Civil Rights Act of
1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972;
The Age Discrimination Act of 1975; and, Department of Justice Non -Discrimination Regulations 28 CFR Part
42, Subparts C, D, E, F, G and H.
The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do
or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and
Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained
a current EEO Program. Submission of this certification 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 this agreement was made to comply with the Act or face loss
of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42
U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207
Compliance Information).
Any state agency, county or city receiving $500,000 or more in federal Anti -Drug Abuse Act Funds shall submit
its equal employment opportunity plan, and/or the most recent update, with its application, for submittal to the
U.S. Department of Justice, Bureau of Justice Assistance for approval.
25. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 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 111), and telecommunications (Title IV).
FDLE Byrne Formula Grant Application Package Grant Application
Revised 01/08/2001 Section 11- Page ft 0 3 7
Edward Byrne Memorial State and Local
Enforcement Assistance Formula Grant Program
26. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence 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 of 1968, 42 U. S.C. 3701, et seq., as amended
(Pub. L. 90-351, as amended by Pub. L. 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 of individuals.
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(a) and 818(c) of the Omnibus Crime Control and
Safe Streets Act of 1968 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 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 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 subgrant-funded development or operation of a
criminal intelligence system.
27. Non -Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, 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.
28. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Florida Legislature.
29. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on
Lobbying; Interim Final Rule, "published in the February 26, 1990, Federal Register.
Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each
submission that initiates agency consideration of such person for award of federal contract, grant, or
cooperative agreement of $100,000 or more; or federal loan of $150,000 or more.
This certification is a material representation of fact 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 .1352, 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 to
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 a member 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.
FDLE Byrne Formula Grant Application Package Grant �
Section 11- Page, O 3 7
Edward Byrne Memorial State and Local*
Enforcement Assistance Formula Grant Program
b. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to
influence an officer or 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 form, Disclosure of Lobbying 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.
30. State Restrictions on Lobbying
In addition to the provisions contained in Paragraph 29 of Section H, Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this
contract.
31. 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 state:
a. The percentage of the total cost of the program or project that shall be financed with federal funds, and
b. The dollar amount of federal funds to be expended on the project or program.
32. Background Check
It is strongly recommended that background checks be conducted on all personnel providing direct services to
juveniles.
33. Immigration and Nationality Act
No public funds will intentionally be awarded 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 Nationality Act ("INA"). The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant
recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
34. Drug Court Projects
a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be
accessed on the OJP World Wide Web Page: http.//www.ojp.usdoj.gov/dcpo/Define
b. To ensure more effective management and evaluation of drug court programs, the recipient agrees that
drug court programs funded with this award shall collect and maintain follow-up data on program
participants criminal recidivism and drug use relapse. The data collected will be assessed during BJA field
monitoring trips.
35. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the US Department of
Justice encourages consultation with alt allied components of the criminal justice system in the affected
jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased
court dockets and the need for detention space.
FDLE Byrne Formula Grant Application Package Grant Application
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CERTIFICATION
Grant Title: Riverwalk
Grantee Name: City of Miami Police Department
Address: 400 N.W. - Avenue Contact Person: Scott Nugent ( 305) 579-64.
Miami, Florida 33128
Grant Number:
Date and effective duration of ESOP:
Policy Statement: —
Award Amount: $250,000.00
CERTIFICATION (EEOP ON FILE)
Certification Statement:
I, Raul Martinez [executive officer], certify that the
_ City of Miami jorganization] has formulated an Equal
Employment Opportunity Plan in accordance with 28 CFR 42.301, et seg., subpart E, that it has been signed
into effect by the proper authority and disseminated to all employees, and that it is on file in the Office of
Maria Ferrer–Miralles [name], Miami Riverside Center, 444 S.W.
2 Avenue, Miami, FL 33130 [address], EPOP Administrator
[title], for review or audit by officials
o c izant State planning agency or the Office for Civil Rights, Office of Justice Programs.as required
by relev t laws d r la ' s.
a 2 % a1491
14-0ture] [title] [date]
CERTIFICATION (NO EEOP REQUIRED)
I HEREBY CERTIFY THAT THE FUNDED ENTITY HAS LESS THAN 50 EMPLOYEES AND
THEREFORE IS NOT REQUIRED TO MAINTAIN AN EEOP, PURSUANT TO 29 CFR 42.301, ET aQ.
[signature) [title) ]date]
0MB Approval No. 1121-0140
Revised 7/22/98
12037
Edward Byrne Memorial State and Laca! Law
Enforcement Assistance Formula Grant Program
re
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc., are not acceptable.
Type Name and Title: Clayton H. Wilder, Community Program Administrator
Date: —3-7-01
Type Name of Subg
By:
Type Name and Titl
Date: 2/26/01
Citv-,of Miami
z_Cit�; Manaqer
Type Name of Implementing Agency: Miami Police Department
qa
and Title:
Date: Raul 1lartinez, Chief of Police
FDLE Byrne Formula Grant application Package Grant Application
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f �83
r
•
Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program
Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc., are not acceptable.
par�nent of
•tice rants _n
By: ��vL��t ✓
Type Name and Title: Clayton H Wilder Community Program Administrator
Date: -3- 7- D /
Type Name of Subgrantee:
CITY OF AMI
By:
Type Name and Title: Carlo A. Gir_menez , City Manager
Date: 2/26/01
T Name of Im lementing Agency: 1 Po 1 Department
By: oa�
Type Name a Title: /
Date: Raul Martinez, Chief of Police --15� 1
FDLE Byrne Formula Grant Application Package Grant Application
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12037
•
Ldward By
iforcement
Memorial State and Local Law
;[stance Formula Grar�proeram
Ctx #
APPLICATION REVIEW CHECKLIST
1
I If this is a continuation project, did you check "Yes" and enter State Project 1D Number for the previous year'T
L APPLICATION
Section A — Names and Addresses
Is the name of the Subgrant Recipient Chief Elected Official / State Agency Head (A.1.) The head of agency (for
1
a state agency), the name of the BCC Chair (for a county) or the Mayor (for a city)? Is this the same person who
\,r
signed the signature page for the Subgrant Recipient?
j
Is the name of the Chief Financial Officer (A.2.) correct, i.e., is this the Chief Financial Officer for the Subgrantee,
2
not the Implementing Agency?
—",
Is the name of the Implementing Agency Chief Executive Officer (A.3.) correct (e.g., the Sheriff for a Sheriffs
3
Office, the Chief for a Police Department, etc.)? Is this the same person who signed the signature page for the
Implementing Agency?
Does the person identified as Project Director (A.4.) work for the Implementing Agency in A.3.? If there is a
4
Contact Person other than the Project Director, did you enter the correct name, title, address, phone and fax
numbers in the application?
Section B — Administrative Data
Does the project title consist of 84 letters and spaces or less? Does the title clearly identify the project (B.1.),
1
i.e., if it is a second -year DARE Project, it should reflect DARE It, third, DARE III, etc.?
2
Is the correct subgrant period entered?
Section C — Fiscal Data
If payment is not remitted to the Chief Financial Officer (A.2. in C.1.), it can only be remitted to one of those
1
identified in A.1., 2., or 4.; i.e., the Subgrant Recipient, Implementing Agency or the Project Director.
f
2
Is the method of payment, i.e., monthly or -quarterly, reflected in C.2.?
Is the Subgrant Recipient's Federal Employer Identification Number (FEID) reflected in C.3.? Is this same
3
number reflected in the Subgrant Recipient block on the signature page?
4
If project generated income can be earned from project activities, has `Yes" been checked in C.5.?
Section D — Program Data
1
Is the problem to be addressed clearly and briefly identified?
2
If this is a continuation project, did you briefly describe project activities to date and explain any gaps between
current and desired results?
N
Are requested resources (personnel, expenses, equipment, etc.) sufficient to address the identified problem?
3
Have you clearly identified how these resources will be used to address the problem?
Are proposed project activities (what), people to be served and service providers (who), methodology for
4
accomplishing the project (how), service/activity location(s) (where), proposed schedule(s) (when) and other
details included?
If contractual services will be used to implement any part of the project, are proposed services described and
5
justified? Is there a discussion of why contracting for services is necessary to meet program needs and
objectives?
If travel is necessary to achieve objectives, did you include a line item for travel included in the expenses budget
6
category?
—y—
Section D Continuation — Activities Implementation Schedule
1Are
key activities for implementing the proposed project listed?
2 1
Are the dates filled in correctly?
Section E — Objectives & Performance Measures
Are the Uniform Measurable Program Objectives used in the application correct for the federally authorized
1
purpose area for which federal funds are requested (Appendix V)? Have the required performance indicators
been inserted in the appropriate blank spaces?
Are the numbers in the performance indicators realistic? (For continuation projects, use data in current quarterly
2
reports as a basis.) _
Have self-oener tee` o�--tives specific. to the project been included? Are these self -generated ohjectives
i
�
%vorded totl(:)'-.... ,. ,...r.. ,.� �1 (nl!?:�$Uf<bin) perfO.'niani Ind1;'2„VC°? I
FDLE Byrne Formula Grant Application Package Application Review Checklist
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12037
LUwalo Dyme MC/llullal Jlare and Local Law
Enforcement Assistance Formula Grant Program
0 •
Qx # I APPLICATION REVIEW CHECKLIST Y,N,X j
Section F — Budget Narrative i
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12037
If Salaries and Benefits are included in the budget, are salary figures reasonable and consistent with agency
1
or area salaries paid for similar work?
Are Fringe Benefits identified and calculated correctly? Do calculations using identified percentages equal the
2
benefits total?
i
If Overtime is a line item in the Salaries and Benefits Category, is it stated that the amount includes both salary
3
and benefits, salary and specified benefits or salary only?
Is the net personnel increase statement included in the Budget Narrative? (For the first year of a project, state
that the proposed positions are new and will result in a net personnel increase to the agency. For a continuation
4
project, state that this continues the net personnel increase established during the initial year of the grant
`�
Pik
program.)
5
Are job duties briefly described for all requested positions?
6
Have services been identified and described?
If Contractual Services are service -based, is the unit of service defined, and the number of units and cost per
7
unit indicated?
8
If OPS personnel are included in the Contractual Services Category, are job duties briefly described?
9
If funds are in the Expenses Category, are detailed line items established?
10
If trips are necessary to achieve program objectives, has a line item been established?
If funds are in the Operating Capital Outlay Category, are line items in conformity with County or City Purchasing
11
Requirements (e.g., if a purchasing threshold is $500 per item, then only individual items costing $500 or more
would be placed in this category.)?
V
If funds are identified in the Indirect Cost Category and the subgrantee is a state agency, does this agency have
12
a currently approved (by a cognizant federal agent) Indirect Cost Plan? Is it attached?
If funds are identified in the Indirect Cost Category and the subgrantee is a city or county, does this agency
13
have a current and approved Indirect Cost Plan? Is it included with the application? Is the cost correctly
calculated on the cost basis and approved rate in the plan?.
Does the Budget Narrative include a statement that the purchasing method to be used conforms to existing laws
14
and regulations?
If special equipment will be purchased, does the verbal narrative include a description of equipment and
15
justification for the necessity of this equipment to achieve project objectives.
Does the Budget Narrative Identify the specific source of matching funds for the project (e.g., budgeted
16
general revenues)? Is all match in the form of cash?
Are all mathematical calculations correct? Are all items placed in correct budget categories? Does verbal
17
narrative information correspond with each category?
Section G — Budget Schedule
1 Is each Budget Narrative Category total correctly placed in the appropriate space on the Budget Schedule?
2 Is match calculated correctly? Are matching funds a minimum of 25% (percent) of the total budget amount?
t
3 Is the federal amount total the same amount as the federal amount for this project in the 51 % letters? --
Do all columns add across (Federal + Match = Total), as well as down (Federal column, Match column, Totals
4
column)?
Section I — Signature Page
Are there two signature pages with original signatures by the Chief Elected Official / State Agency Head
1
identified in A.1. and the Implementing Agency Chief Executive Official identified in A.3. of Face Page.
If any signature does not match the persons identified in A.1..or A.3. of Face Page No. 1. has a Commission
2
Resolution or other Signature Authority Authorization from the appropriate official for the signer(s) been
included?
-
Are signature dates filled in? Is the City or Counts Federal Employer Identification, Number (FEIN) filled in? Is
3
this the same number identified in CA.?
tP „nc ;., t�F:en checked to be: Cc, a:: It ii :'. are no while -outs. cross-cu's ul
FOLE Byrne Formula Grant Application Package Application Review Checklist
Revised 01/08/2001 Section Ili - Page 1
12037
_ Ltiw.di�, a.:.j„rr h7tlllUlla! ata/e anu t_ucal maw
Enforcement Assistance Formula Grant Program
PLICATION REVIEW CHECKLIST Y,N,X
Letters of Agreement
Eoual EmDlovment ODDortunity
Are Letters of Agreement (Appendix 1) from at least 51 % (percent) of local governments representing at Ieast
1
51% (percent) of the population indicating agreement on expenditure of the county's allocation In this
application? Each application must include a full set of letters. GRANTS CANNOT BE AWARDED WITHOUT
THESE LETTERS.
Are the letters In the required format (Appendix 1), listing each application within the county with correct federal
2
amount? Is the amount identified for this project the same as the federal amount on the Project Budget
E32
Schedule? (Federal column total.)
3
Is each letter signed by the Chief Elected Official / State Agency Head (e.g., BCC Chair for County, Mayor
Contracted Services
for each City)?
If contractual services are included, is a "boilerplate” contract attached for FDLE review? Does it include Section
4
Have requested funds for all proposed subgrants in the county been totaled and is this equal to or less than the
H, Acceptance and Agreement,.in full or by reference? (Required.)
total of all funds allocated to the county?
Eoual EmDlovment ODDortunity
FDLE Byrne Formula Grant Application Package Application Review Checklist
Revised 0-110812001 Section 111- Page 3
Is the Equal Employment Opportunity (EEO) Certification Letter (Appendix II) for the Subgrant Recipient
1
completed and correctly signed? If the Implementing Agency is a Sheriffs Office, Police Department or any
other criminal justice agency, is the EEO Certification Letter for the Criminal Justice Implementing Agency
completed, signed and attached?
Has the EEO Plan been reviewed to be certain that it meets requirements in the federal Bureau of Justice
Assistance (BJA) Seven Step Guide?
E32
If this project proposes to expend $500,000 or more, is a copy of the subgrantee EEO Program Plan and/or theV)ff
most recent update in this application package so the FDLE can submit it for approval by the BJA? .
Contracted Services
1
If contractual services are included, is a "boilerplate” contract attached for FDLE review? Does it include Section
. I
H, Acceptance and Agreement,.in full or by reference? (Required.)
�tJ
Automated Data Processing (Computer) Equipment
1 If computer equipment or software will be purchased and the cost exceeds $100,000, has an ADP Equipment I
�y
Form (Appendix III) been completed, signed by an authorized signer and enclosed with the application? N
r
2 Is there a statement or response to all items on the ADP Equipment Form?
If software will be developed, is an analysis of developing software as opposed to purchasing pre-packaged
3 software written and is this makelbuy analysis included with the ADP form? Does the analysis provide ample
justification to indicate the advantages of development over a pre-packaged purchase? NN
Sole Source Justification
If equipment or services (including ADP equipment and software) will be purchased from a sole source and the
1
amount is $100,000 or more, is a completed, signed Sole Source Justification Form (Appendix IV) included with
l�
this application?
0
2
Does the Sole Source Justification form respond to all of the required items from the perspective of the
subgrantee (not the proposed contractor)? Is the form signed by an authorized signer?
Task Force
1
If this law enforcement application will use grant funds to implement a Task Force project, has information
describing Task Force agency membership, administrative board, current staff and other details been included
in the Program Data?
Confidential Funds
1
If this law enforcement application includes Confidential Funds as a line item in the Expenses Category, has
the Certification of Confidential Funds (Appendix VII) been signed by the appropriate authori and attached?
Community Oriented Policing
If this law enforcement application proposes to use suborant funds to implement a Community Oriented Policing ;
1 project does the agency have an approved Community Oriented Policing Plan.and does the Program Data I
section address how the proposed project will implern_e_nt this plan? J" I
Criminal Intelligence Systems _
I; this la•rr en`orcem �� apn'iGation v: ill use ,an; tunr s t:_, im;- -_ (purchase and/or operate) a criminal
h:i ti: Crirn+nai
a;•cir., <:;st ;:. s -a! c:n and Criminal lWeVi en e S• � i Revie";
t '
+ i.h'c .t +: � ill•' r , I
a-ri attached?
FDLE Byrne Formula Grant Application Package Application Review Checklist
Revised 0-110812001 Section 111- Page 3
Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Granfgram
QX #
I APPLICATION REVIEW CHECKLIST=Y—.N—.X7
111. SPEaACCONCERNS
1
If the subgrantee has any current projects {n progress, have all outstanding Special Conditions and/or Monitoring
Conditions been satisfied for these projects?
4-
If this application is for federal funds to continue a current subgrant project, have all financial and program
2
performance requirements for this project been met (e.g., are the Quarterly Reports and Financial Claims up
�j n
to date)?
If the officials Identified on the signature page will not conduct daily project business and wish to designate
signature authority to the Project Director or another agency employee to conduct the business of the grant, has
3
a letter designating signature authority been Included in the application package? Does this letter Include
signatures of both the person giving signature authority (who signed the agreement signature page) and the
N ( r
recipient of this signature authority?
Have all standard and special conditions Identified in the Program Announcement and in subgrant application
4
and contract Information been reviewed to assure that the proposal meets requirements?
5
Has Section H, Acceptance and Agreement, been Included as part of the application?
6
Has this Application Review Checklist been completed and enclosed with the application?
7
Are two complete copies of the application Wth original signatures being submitted?
Is the application being mailed so that it will arrive at the FDLE no later than the application due date? Is
8
the application pack -age being mailed to the current FDLE address (e.g., 1819 Miccosukee Commons Drive,
\I
Tallahassee, Florida 32308)?
1
KEY
Y = YES N = NO X = NOT APPLICABLE
—FDLE Byrne Formula Grant Appllcatlon Package Application Review Checklist
Revised 01/08/2001 Section 111- Page 4
031
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in -the matter of
CITY OF MIAMI
ORDINANCE "MIAMI'S PHOTOGRAPHIC
COLLECTION PROJECT: 1940
THROUGH 198011, ETC.
in the............XXXXX...................... Court,
was published in said newspaper in the issues of
Apr 16, 2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, F ida, for a period of one year next preceding the
first pu ica n of the attached copy of advertisement; and
affiant urthe says that she has neither paid nor promised
any p 'son, irm or corporation any discount, rebate, com-
missi. or fund for the purpose of securing this advertise
ent f r blication ' the said spap r.
Sworn to and subscribed before me this
16 April 2001
..... day of ................................ A.D.........
!�. * -1 . ...........
(SEAL) p.QY P Ori
YSEAL
Sookie Willi *9) ersonallf�.knowp►ftg 8AARMEE,
a CCS M'83-" NUIUBER
7�F O CC931158
�F FtOCi\ AlY60h�9iSSMEXPgiES
A IZn �. _.
CITY -OF MIAMI, FLORIDA
NOTICE OF PROPOSED ORDINANCES
w
Notice is hereby. giventhat the City Commission of the City of Miami,
Florida, will consider the following ordinances on 'second and final reading
on April 26, 2001 commencing at 9:30 a.m., in the City Commission
Chambers, 3500 Pan American Drive, Miami, Florida:
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION REGU-
LATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS-OF-WAY IN THE CITY OF MIAMI BY REPEALING EX-
ISTING ARTICLE VII OF CHAPTER 54 OF THE CITY CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, PERTAINING
TO SUCH REGULATION AND SUBSTITUTING, IN LIEU
THEREOF, NEW ARTICLE VII IMPOSING SAFETY AND AES-
THETIC RESTRICTIONS RELATED THERETO; .PROVIDING
FOR. PURPOSE; PROVIDING DEFINITIONS, PROVIDING
FOR NEWSRACK CERTIFICATION PROCEDURES AND
FEES;- REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR'OPERATIONS, PLACE-
MENT AND INSTALLATION OF NEWSRACKS; PROVIDING
FOR ENFORCEMENT AND APPEALS, MORE PARTICULAR-
LY BY REPEALING SECTIONS 54-261 THROUGH ,54-269
AND SUBSTITUTING NEW SECTIONS 54-261. THROUGH 54-
271; PROVIDING DIRECTIONS FOR TRANSMITTAL OF COP-
IES OF THIS ORDINANCE; CONTAINING A REPEALER P90 -
VISION AND A SEVERABILITY CLAUSE; AND PROVIDING,
FOR AN EFFECTIVE DATE. -
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 53/ARTICLE IV, OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'STADIUM
AND CONVENTION CENTERS/CONVENTION CENTER OF
THE CITY OF MIAMI/UNIVERSITY _OF MIAMI,. JAMES L.
KNIGHT", TO PROVIDE FOR AW NCREMENTAL PARKING
FEE SCHEDULE AND FOR SPECIAL PARKING RATES AT
THE CONVENTION CENTER PARKING GARAGE; MORE
PARTICULARLY BY AMENDING SECTION 53-181(4); CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 19 OF THE CODE OF THE.CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED, "FIRE PROTECTION,"
WHICH SETS FORTH FEES FOR FIRE INSPECTIONS AND
PERMITS; TO: (1) ADD FEES FOR CERTAIN NEW SERVICES,
(2) COVER COSTS OF PERFORMING CERTAIN REVIEWS
AND ENFORCEMENT, AND (3) CLARIFY AND MODIFY CER-
TAIN SERVICES AND FEES; MORE PARTICULARLY BY
AMENDING SECTION 19-2 OF SAID CODE; CONTAINING A
REPEALER.. PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING INITIAL RESOURCES AND INITIAL APPROPRIA-
TIONS ' FOR A SPECIAL REVENUE FUND ENTITLED:
"WYNWOOD/HIDTA CRIME AND DRUG DEMAND REDUC-
TION PROGRAM FUND," AND APPROPRIATING $42,000 TO
SAID FUND, CONSISTING.OF.A GRANT FROM THE.SOUT.H
'FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA
.(HIDTA) CRIME AND DRUG DEMAND REDUCTION PRO-
GRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY DOCU-
MENTS, dN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE ACCEPTANCE OF THE GRANT; CONTAINING -A
REPEALER PROVISION AND SEVERABILITY CLAUSE..
i. OBDINANCiFF NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"MIAMI'S PHOTOGRAPHIC COLLECTION. PROJECT: 1940
THROUGH 1;980" AND APPROPRIATING FUNDS IN THE
AMOUNT OF $8,000, CONSISTING OF A GRANT ADMINIS-
TERED BY THE FLORIDA DEPARTMENT OF STATE, DIVI-
_S16N OF LIBRARY AND INFORMATION SERVICES; AU-
THORIZING THE CITY MANAGER TO ACCEPT THE -GRANT
AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE..
Said proposed ordinances may be inspected by the public at the
Office of the City Clerk, 3500 Pan American Drive, Miami, Flod-
da,. Monday through Friday, excluding holidays, between the '
hours of 8 a.m. and 5 p.m.
All interested persons may appear at the meeting and may be heard
with respect to the proposed ordinances. Should any person desire to ap-
peal any decision of the City Commission with respect to any matter to be.
considered at this meeting, that person shall ensure that a verbatim.
record of the proceedings is made including all testimony and evidence'
upon which any appeal may be based.
G� Op
i
�� 93 WALTER J. FOEMAN
7} I"CDRD Dg1DED CITY CLERK
d le 96
9� fCQ.F1A��O
_(#9415)
4/16 -' 01:x..02 !:63o"28M..