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HomeMy WebLinkAboutFunding ApplicationApplication for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan Subgrant Recipient Organization Name: The City of Miami County: Dade FEID OR SAMAS: 59-6000375 Chief Official Name: Joe Arriola Title: Chief Administrator/City Manager Address: 3500 Pan American Drive City: Miami State: FL Zip: 33133-5595 Phone: 305-416-1025 Ext: Fax: 305-250-5410 Suncom: Email: albert,vila@miami-police.org Chief Financial Officer Name: Linda Haskins Title: Deputy City Manager/Chief Financial Officer Address: 444 Southwest 2nd Avenue City: Miami State: FL Zip: 33130-1910 Phone: 305-416-1009 Ext: Fax: 305-416-1019 Suncom: Email: albert.vira@miami-police.org Application Ref # 2006-BZPP-9 Section #1 Page 1 of 2 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan Implementing Agency Organization Name: City of Miami Police Department County: Dade FEID OR SAMAS: 59-6000375 Chief Official Name: John Timoney Title: Chief of Police Address: Post Office Box 016777 City: Miami State: FL Zip: 33101 Phone: 305-579-6565 Ext: Fax: 305-372-4609 Suncom: Email: john.timoney@miami-pollce.org Project Director Name: Ronald Papier Title: Lieutenant Address: 400 Northwest 2 Avenue City: Miami State: FL Zip: 33128 Phone: 305-579-6440 Ext: Fax: 305-579-6476 Suncom: Email: Ronald.Papier@Miami-Palice.org Application Ref # 2006-BZPP-9 Section #1 Page 2 of 2 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan General Project Information Project Title: BUFFER ZONE PROTECTION Project Sequence No: 0 Subgrant Recipient: The City of Miami Implementing Agency: City of Miami Police Department Project Start Date: 1/1/2006 End Date: 12/31/2006 Problem Identification The Miami Police Department has identified three sites within the City Of Miami that qualify as critical infrastructure/key assets and would benefit from strengthened terrorism deterrence, prevention, and detection. The Miami Arena, American Airlines Arena and Orange Bowl stadium are three high profile venues that house large public events and are situated in areas that are vulnerable to attack. Each of the sites possesses a large perimeter, multiple access points and close proximity to major traffic thoroughfares that make these sites vulnerable and attractive to potential terrorist threats. Furthermore, the buffer zones of all three sites also contain critical infrastructure and key asset sites. The Miami Arena, a 14,000 seat, entertainment and sporting event venue is one such example. This site is within one blocks distance from Network Access Point of the Americas (NAP) which serves as an internet backbone connecting the United States to South & Central America. Also inside the same buffer zone area is a AT&T telephone station that provides critical support to the downtown area. Furthermore, within a block of the Miami Arena are several high rise apartment complexes which further compound any threat to this area. Similarly, the American Airlines Arena, with a capacity of 19,000 is another such venue that is host to numerous sports, entertainment and other events that are heavily attended by residents and tourists. Within the Buffer Zone area of the American Airlines Arena is a traffic artery/bridge (Port Boulevard) that is the sole traffic access route into and out of the Port of Miami. The Port of Miami handles millions of shipping containers each year from around the world and is dependant on Port Boulevard for transport of shipping containers in and out of the port. In addition, not only is the access to the Port of Miami critical to commercial traffic, but the Port of Miami is also home to the largest number of passenger cruise ships and highest cruise passenger traffic of any U.S. port. A significant attack on the Arena could potentially impact the Port of Miami and result in severe economic consequences to the region. To compound matters further, the American Airlines Arena is only a few hundred feet from Bayside Marketplace which is a popular tourist attraction made up of numerous shops, kiosks, and restaurants. Vulnerability of the American Airlines Arena is increased by the fact that the Miami Arena's perimeter includes Biscayne Bay on the east side that significantly increases the difficulty of protecting this site due to the open water access. The third site, the Orange Bowl stadium is an open air facility that is used for sporting events, concerts and other activities and has a capacity for 80,000. The stadium is situated on more than nine acres and has an extensive perimeter. Another feature of the stadium that increases it's vulnerability is the stadium's large open end on the east side of the facility that in the event of an Application Ref # 2006-BZPP-9 Section #2 Page 1 of 2 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan attack, would expose spectators and the stadium to threats from the exterior perimeter. Additionally, the stadium has an exposed support structure. The stadium is situated in a residential area and is also in close proximity to a major traffic artery. Because of its use, location, perimeter and construction and other vulnerabilities it presents a high profile target to terrorists. The Miami Police Department believes that through the Department of Homeland Security Buffer Zone Protection Plan grant, it will be able to utilize this funding to better manage protective measures at all of the identified critical infrastructure and key asset sites. Requested equipment funded through this grant, will increase surveillance capability, improve communications between first responders,and improve area coverage and response time in deterring, and handling threats and attacks. Project Summary My name is Ronald Papier and my SIMON username is Papier-RL. I am the Project Director for the City of Miami Police Department. I am requesting permission to fill out an application for the Buffer Zone Protection Program grant. Application Ref # 2006-BZPP-9 Section #2 Page 2 of 2 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan General Performance Info: Performance Reporting Frequency: Semi -Annual Federal Purpose Area: State Purpose Area: 0001 - Law Enforcement 001 - To protect, secure, and reduce the vulnerability of identified critical infrastructure and key resource (CIIKR) sites. Objectives and Measures Objective 001.01 - To protect, secure, and reduce the vulnerability of identified critical infrastructure and key resource (Cl/KR) sites. Measure: Part 1 During the grant period we will use funds for costs related to equipment, management, and administration of protective actions aimed at protecting, securing, and reducing the vulnerabilities around the identified critical infrastructure and key resource (CIIKR) sites. Goal: THE CITY OF MIAMI WILL UTILIZE FUNDS PROVIDED BY THE BUFFER ZONE PROTECTION PROGRAM (BZPP) GRANT TO PURCHASE EQUIPMENT NEEDED TO PROTECT AND SECURE CRITICAL INFRASTRUCTURE AND KEY RESOURCE SITES INSIDE THE CITY OF MIAMI. UTILIZING THE EQUIPMENT OBTAINED THROUGH THE GRANT WILL SUPPORT PROACTIVE EFFORTS TO DETER, DETECT AND PREVENT Cl/KI SITES FROM THREAT OF ATTACK. Application Ref # 2006-BZPP-9 Section #3 Page 1 of 1 Contract -BZPP-DAME- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS / Vendor Number: 59-6000375 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $134,400.00 $0.00 $134,400.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $134,400.00 $0.00 $134,400.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Application Ref # 2006-BZPP-9 Section #4 Page 1 of 3 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan Budget Narrative: BUFFER ZONE PROTECTION PROGRAM - No cash match BUDGET CATEGORY - OPERATING CAPITAL OUTLAY EQUIPMENT DESCRIPTION -VEHICLE ALL -TERRAIN, MULTI -WHEELED (ATV) UNIT COST - $11,000.00 TOTAL COST - $55,000.00 PURPOSE - THESE VEHICLES WILL BE UTILIZED TO TRANSPORT SECURITY EQUIPMENT AND PERSONNEL THROUGHOUT THE FACILITY WITH IMPROVED RESPONSE TIME AND THE ABILITY TO TRAVEL IN AREAS NOT ACCESSABLE BY CONVENTIONAL VEHICLES I.E, SIDEWALKS, RAMPS, INTERIOR CORRIDORS, UNPAVED AREAS. EQUIPMENT DESCRIPTION - LAPTOP COMPUTER W/WIRELESS CAPABILITY UNIT COST - $3,000.00-TOTAL COST - $18,000.00 PURPOSE - LAPTOP COMPUTER WILL HAVE CAPABILITY TO CONNECT WITH NEWLY ACQUIRED WIRELESS SURVEILLANCE CAMERA SYSTEM THAT WILL BE USED TO MONITOR EVENTS AT IDENTIFIED FACILITIES. EQUIPMENT DESCRIPTION - INTERGRATED EAR MICROPHONE UNIT COST - $400.00 TOTAL COST - $10,000,00 PURPOSE - THE EAR MICROPHONE WILL FACILITATE COMMUNICATION BETWEEN UNITS DURING EVENTS WHERE NOISE IS AN OBSTACLE TO COMMUNICATION. EQUIPMENT DESCRIPTION - INTERNET SUVEILLANCE CAMERA SYSTEM, INCLUDING MOUNT, SOFTWARE, WARRANTY AND INSTALLATION. UNIT COST - $31,000.00 TOTAL COST - $31,000.00 PURPOSE - TO PROVIDE FOR THE SURVEILLANCE OF THE EXTERIOR OF THE FACILITIES DURING EVENTS. EQUIPMENT DESCRIPTION - HIGH MAGNIFICATION BINOCULARS UNIT COST - $400.00 TOTAL COST - $2,400.00 EQUIPTMENT DECRIPTION - NIGHT VISION BINOCULARS UNIT COST - $500.00 TOTAL COST - $3,000.00 PURPOSE - BINOCULARS WILL BE UTILIZED TO ENHANCE DAYTIME AND NIGHT SURVEILLANCE FROM UPPER LEVELS OF STADIUM AND ARENAS AND FOR ROOFTOP SURVEILLANCE. EQUIPMENT DESCRIPTION - BLACKBERRY TYPE TELEPHONES WITH 2 YEAR CONTRACT. UNIT COST - $3,000.00 TOTAL COST - $15,000.00 PURPOSE - TO ENHANCE COMMUNICATION BETWEEN EVENT COORDINATORS WITHIN THE POLICE DEPARTMENT AND OUTSIDE THE POLICE DEPARTMENT. Application Ref # 2006-BZPP-9 Section #4 Page 2 of 3 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan Section Questions: Question: Indicate your agency's Operating Caplital Outlay threshold. Answer: 5000 Question: Please provide a statement of your Procurement Process for the items included in the budget of the grant. Answer: The Procurement process for the City of Miami Police Department is as follows: INFORMAL BID REQUIREMENTS FOR GOODS & SERVICES UP TO $2,500.00 - SINGLE QUOTE IS ACCEPTABLE $2,501-$10,000.00 THREE WRITTEN QUOTES REQUIRED $2,501-$10,000.00 THREE WRITTEN QUOTES OBTAINED BY PURCHASING DEPT. $10,001-$25,000.00 FIVE WRITTEN QUOTES OBTAINED BY THE PURCHASING DEPART. AND AWARD BY CHIEF PROCUREMENT OFFICER. $25,000.00- COMPETITIVE SEALED BIDS, PUBLICE NOTICE AND PUBLIC OPENING AWARD BY CITY MANAGER $25,000.00 -UP TO $50,000.00 OVER $50,000,00 CITY COMMISSION MUST APPROVE Application Ref # 2006-BZPP-9 Section #4 Page 3 of 3 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan ection 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2006-BZPP-9 Section #5 Page 1 of 1 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 13 of this section. The subgrant recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs Financia! Guide and the U. S. Department of Homeland Security, Office for Domestic Preparedness FY 2004 Homeland Security Grant Program Guidelines and must support the goals and objectives included in the State Homeland Security Strategy for Florida. The Financial Guide incorporates by reference the provisions of the Office of Management and Budget (OMB) circulars and government -wide common rules applicable to grants and cooperative agreements. The subgrant recipient agrees to comply with all federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars, as applicable: Administrative Requirements — OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments" and OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations", 48 CFR 31.2 "Contracts With Commercial Organizations" and 45 CFR 74, Appendix E "Principles for Determining Costs Applicable to Research and Development Under •Grants and Contracts with Hospitals", FY 2005 Homeland Security Grant Program Guidelines and Application Kit. (http://www•ojp.usdoj•govlodp/docslfy05hsgp.pdf.) Cost Principles — OMB Circular A-21 "Cost Principles for Educational institutions", OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments", OMB Circular A-122 "Cost Principles for Non - Profit Organizations" Audit Requirements — OMB Circular A-133 "Audits of States, Local Governments and Non -Profit Organizations"; Statutory Authority — Public Law 108-090. OMB Circulars may be obtained by visiting the following web address: http://www.whitehouse.gov/omb/circularslindex. html 1. Reports a. Performance Reports: Semi -Annual Project Performance Reports are due on January 10 and July 10, encompassing Jan - June and July -Dec reporting periods (respectively.) Failure to report may result in lack of funding. b. Expenditure Reports: The subgrant recipient shall have a choice of submitting either Monthly or Quarterly Expenditure Reports. All reports are due thirty-one (31) days after the end of the reporting period. The final Expenditure Report must be submitted upon close out of the grant, All reporting and special conditions must be satisfied prior to reimbursement, Failure to comply with the above provisions shall result in forfeiture of reimbursement. c. Other Reports: The subgrant recipient must submit other reports as may be reasonably required by the Department. 2. Project Closeout Project funds that have been properly obligated by the end of the subgrant funding period will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will Section #5 Page 1 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions lapse and revert to the Department. A subgrant funded project will not be closed out until the subgrant recipient has satisfied all closeout requirements. • All refunds or repayments made to the Department under this Agreement are made payable to the order of "Florida Department of Law Enforcement" and mailed to the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 3. Fiscal Control and Fund Accounting Procedures The subgrant recipient must 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 must be disbursed according to provisions of the project budget as approved by the Department. All funds not spent according to this agreement will be subject to repayment by the subgrant recipient. 4. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the 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 CircularA-87 "Cost Principles for States Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions" and the FY 2005 Homeland Security Grant Program Guidelines and Application Kit, b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. 5. Travel and Training a. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. b. 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 Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant 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. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e•, increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) Under no circumstances can transfers of funds increase the total budgeted award 7. Reimbursement Subject to Available Funds Section #5 Page 2 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funding. 8. Advance Funding Advance funding may be authorized for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, the FY 2005 Homeland Security Grant Program Guidelines and Application Kit, and the U.S, Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the OCJG justifying the need for such funds 9. Excusable Delays Except with respect to defaults of consultants, the subgrant recipient will not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant 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 subgrant 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 must be beyond the control and without the fault or negligence of the subgrant recipient. If failure to perform is caused by failure of a consultant or third party to perform or make progress, and if such failure arises out of causes beyond the control of the subgrant recipient and the consultant, and without fault or negligence of either of them, the subgrant recipient will 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 subgrant recipient in writing to procure such supplies or services from other sources; and c. The subgrant recipient failed to reasonably comply with such order. Upon request of the subgrant recipient, the Department will 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 will be revised accordingly. 10. Obligation of Subgrant Recipient Funds Subgrant recipient funds must 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 subgrant recipient's project are eligible for funding under this subgrant. A cost is incurred when the subgrant recipient's employee or consultant performs required services, or when the subgrant recipient receives goods, notwithstanding the date of order. 11. Review of Consultant Contracts The Department shall review all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Review 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 review of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Performance of Agreement Provisions Section #5 Page 3 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department will impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such an event, the Department will notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient will be paid only for those services satisfactorily performed prior to the effective date of such sanction. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of Florida Department of Law Enforcement and mailed directly to the Department at the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 13. Access to Records The Florida Department of Law Enforcement; the U.S. Department of Homeland Security, Office of Domestic Preparedness; and the Auditor General of the State of Florida; the U.S. Comptroller General or any of their duly authorized representatives, will have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide, as amended. The Department reserves the right to unilaterally terminate this agreement if the subgrant 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 subgrant or its contractor in conjunction with this agreement. 14. Audit a. Subgrant recipients and Implementing Agencies that expend $500,000 or more in a year in federal awards must have a single or program -specific audit conducted for that year. The audit must be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement must be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract must 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 subgrant recipient must submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Rules 10.550 and 10.600, Florida Administrative Code.. b. A complete audit report which 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 must include any management letters issued separately and management's written response to all findings; both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned. c. The subgrant recipient must have all audits completed by an independent public accountant (iPA). The IPA must be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient and/or implementing agency must take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. Section #5 Page 4 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions e. The subgrant recipient and/or Implementing Agency must 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. Subgrant recipients and/or Implementing Agencies that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification must be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice must be provided to the Department no later than March 1 following the end of the fiscal year. g. 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. h. The completed audit reports should be sent to the following address; Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 15. Retention of Records The subgrant recipient must 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. 16. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial Guide, as amended or OMB Circulars A-110 or A-102, as applicable. 17. Property Accountability The subgrant recipient agrees to use all non -expendable property for domestic security purposes during its useful life or request Department disposition. The subgrant recipient must establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide, as amended or the federal OMB Circulars A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 18. Disputes and Appeals The Department will make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and will distribute its response to all concerned parties. The subgrant recipient must proceed diligently with the performance of this agreement according to the Department's decision. if the subgrant recipient appeals the Department's decision, it must be submitted in writing to the Department's agency clerk within twenty-one (21) calendar days of receipt of notification. The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. Section #5 Page 5 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions 19. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department and/or the U.S. Department of Homeland Security have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 20. Publication or Printing of Reports The subgrant recipient must submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the subgrant recipient's or government's expense, must contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant award number 2004-GE-T4-0010 awarded by the U.S. Department of Homeland Security, Office of Domestic Preparedness. Points of view within this document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Homeland Security." 21. Equal Employment Opportunity (EEO) All subgrant recipients are required to comply with nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle'A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. The subgrant recipient acknowledges, by completing and signing the attached EEO Certification Letter that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if subgrant recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant 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 of this agreement 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 CFR Section 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, D, E. if any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a subgrant recipient of funds, the subgrant recipient must agree to forward a copy of the findings to the USDOJ Office of Justice Programs (OJP), Office for Civil Rights. All subgrant recipients must provide the OJP Office for Civil Rights with an Equal Opportunity Plan, if required to maintain one, where the subgrant award is $500,000 or more. 22. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law (P.L.) 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title i), state and local government services and transportation (Title Ii), public accommodations (Title Ili), and telecommunications (Title iV). (Reference Title I1 of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) Section #5 Page 6 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions 23. Non -Procurement, Debarment and Suspension The subgrant 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 subgrant recipient to certify it will not enter into any lower tiered covered transaction with a party that is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 24. 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, 25. Federal Restrictions on Lobbying The subgrant recipient agrees to comply with Section 319 of P.L. 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person must 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 will 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. b. If any non-federal funds have been paid or will 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 must complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. c. The undersigned will require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients must certify and disclose accordingly, 26. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 27. Political Activities Limitations The subgrantee assures that it will comply with provisions of federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by federal grants (5 USC 1501, et seq.) Section #5 Page 7 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions 28. Fair Labor Standards The subgrantee assures that it will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 29. Environmental Protection Agency's (EPA) List of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used is under consideration for listing by the EPA. 30. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such .insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 31. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by a. consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Florida Department of Law Enforcement of the existence of any such properties and by b. complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 32. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of ail contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 33. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist the Department in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds: (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 other 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, or educational environments. b. For any of a subgrantee's existing programs or activities that wiil be funded by these subgrants, the Section #5 Page 8 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions subgrantee, upon specific request from the Department and the U.S. Department of Justice (DOJ), agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 34. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign the Signature Page have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 35. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 36, Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 37. Supplanting The subrecipient agrees that funding under this award will be used to supplement, but not supplant, state or local funds for homeland security preparedness. Costs allocated or included in any other federally financed program must not be included, 38. Use of Funds The subrecipient understands and agrees that it cannot use any funding under this award either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the awarding agency. 39. Categorical Exclusions The subrecipient understands that funding under this award is to enhance its capabilities to prevent, respond to and recover from incidents of terrorism involving chemical, biological, radiological, nuclear or explosive weapons and cyber attack. Equipment purchases for this subgrant are restricted to 18 categories that range from personal protective equipment to search and rescue equipment, to cyber security equipment and related costs. This action consequently meets the OJP's criteria for categorical exclusion as contained in Title 40, paragraph 4(b) of Appendix D to Part 61, CFR. Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. None of the following activities will be conducted either under this action or a related third party action: 1. New construction 2. Any 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 which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. 40. Authorized Equipment Expenditures The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment Section #5 Page 9 Application for Funding Assistance Florida Department of Law Enforcement Standard Conditions purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism -related hazards. The subrecipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Department of Law Enforcement (FDLE) must approve any purchases of equipment not itemized in a project's approved Initial Strategic Implementation Plan (ISIP) in advance of the purchase, The subrecipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDLE will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The subrecipient shall notify the FDLE Office of Domestic Preparedness at 2331 Phillips Road, Tallahassee, Florida 32308 one year in advance of the expiration of the equipment's posted shelf -life or normal life expectancy or when it has been expended. The subrecipient shall notify the FDLE immediately if the equipment is destroyed, lost, or stolen. The subrecipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDLE. 41. Memorandum of Understanding (MOU) Requirements The Department Reserves the right to require that applicants of funding under this agreement must enter into a formal MOU with the local unit of government or urban area, specifying the amount of funds • to be retained by the state and the intended use of the funds. This MOU request must be initiated by the local unit of government or urban area. Agencies are encouraged, but not required to submit these MOUs to their Office of Domestic Preparedness Officer for the review to ensure compliance. A final, executed copy of the MOU must be submitted along with the application for funding to the Department and must be available to the Department of Homeland Security upon request. Section #5 Page 10 Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Signature: Corrections on this page, including Strikeovers, whiteout, etc. are not State o Florida eparttnert of,Law Enforcement ffiice of Criminal Justjce Grant Typed Name and Date uthorizfn o nmisaion Chairmai Typed Name of Subgrant Signature - Typed Name and Date ubgrant Rec pien Af c� : of Governmental i nit `' pr, or Designated RepresontaUv The City of Miami Joe Arriola, Chief Administrator/City Manager Typed Name of implementing Signature: Typed Name and Date The Miami Police Department John F. Timoney, Chief of Police Application Ref # 2006-BZPP-9 Section #6 Page 1 of 1 Contract -BZPP-DADS- - - Application for Funding Assistance Florida Department of Law Enforcement Buffer Zone Protection Plan Insert Certifications and Authorizations here. Application Ref # 2006-BZPP-9 Section #7 Page 1 of 1 Contract -BZPP-DADE- - - Application for Funding Assistance Florida Department of Law Enforcement EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (SUBGRANT RECIPIENT) +' Mr. Clayton H. Wilder Community Program Administrator Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements for the Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) ... (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient ... (Select one of the following): XX Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Joe Arriola Title: Chief Administrator/City Manager Subgrant Recipient: The City of Miami Date: Application EEO Certification Page 1 Application for Funding Assistance Florida Department of Law Enforcement EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATI (IMPLEMENTING`AGENQY) ., Mr. Clayton H. Wilder Community Program Administrator Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements for the Implementing Agency Dear Mr. Wilder I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Criminal Justice Agency ..,(Select one of the following) : XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency ... (Select one of the following): XX Has a Current EEO Plan Does Not Have a Current EEO Plan XX Is included in the current EEO Program Plan of the Subgrant Recipent. I FURTHER AFFIRM that if the recipient meets the Act Criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Criminal Justice Agency Authorized Official Type Name: John F. Timoney Name of Subgrant Recipient: The City of Miami Name of Criminal Justice Agency: The City of Miami Police Department Title: Chief of Police Date: Application EEO Certification Page 2 CITY OF MIAMI, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez Dania F. Carrillo, Administrator City Attorney Risk Management