HomeMy WebLinkAboutApplication for Funding AssistanceApplication for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Subgrant Recipient
Organization Name: City of Miami
County: Dade
Chief Official
Name: Johnny Martinez
Title: City Manager
Address: 3500 Pan American Drive
City: Miami
State: FL Zip: 33133-0708
Phone: 305-416-1025 Ext:
Fax:
Email: Johnny.martinez@miamigov.com
Chief Financial Officer
Name: Janice Larned
Title: Finance Director
Address: 444 Southwest 2nd Avenue
10th Floor, Cubicle 1026
City: Miami
State: FL Zip: 33130-1910
Phone: 305-416-1011 Ext:
Fax:
Email: JLarned@miamigov.com
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
OCJG-005 (rev. April 2005)
Section #1 Page 1 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Sect�onAdminstratioi
Implementing Agency
Organization Name: City of Miami Police Department
County: Dade
Chief Official
Name: Manuel Orosa
Title: Chief
Address: 400 Northwest 2nd Avenue
City: Miami
State: FL Zip: 33128-0708
Phone: 305-603-6565 Ext:
Fax: 305-579-6166
Email: manuel.orosa@miami-police.org
Project Director
Name: Marcos Perez
Title: Police Officer
Address: 400 Northwest 2nd Avenue
Office of Emergency Management & Homeland Security
City: Miami
State: FL Zip: 33128
Phone: 305-608-6172 Ext:
Fax: 305-579-6262
Email: marcos.perez@miami-police.org
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
OCJG-005 (rev. April 2005)
Section #1 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Sectio
vervie
General Project Information
Project Title:
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
FOUR SEASONS MIAMI BZPP
City of Miami
City of Miami Police Department
3/1/2013 End Date: 5/31/2013
The Four Seasons is the only AAA five Diamond Hotel in Miami, it is located in the Downtown
Miami's Brickell Financial District. The tower contains a Four Seasons Hotel, office space and
residential condominium units on the upper floors. 70 story Hotel, Residential, Office Building,
Tallest building between Miami, FL. and Atlanta GA (789 feet tall).
5 Star International Hotel in Major Metropolitan Area.. Brickel area is also the second largest
international banking in the United States and in many circles called the ?Gateway of the
Americas?. The Four Seasons is also visible from the waterway and is the largest building in the
area. At any given day during normal week day operations, the City of Miami can be populated
with over a million people in the Downtown/ Brickell area. Unable to Estimate Loss of Annual
Income, no figures available although income loss would be Catastrophic.
Project Summary (Scope of Work)
The Four Seasons Buffer Zone Plan is designed to reduce the vulnerability of this critical facility
by providing and updating CCTV system and fire control. The facility has several areas of
concerns that include critical areas that are not monitored. the CCTV will allow the Fire Command
Center the ability to monitor and dispatch security personnel when needed. The facility has
several critical areas that can hinder the ability for the facility to operate. An Access Control
System will allow strict control of these areas.
Application Ref # 2012-BZPP-92 Section #2 Page 1 of 1
Contract -BZPP-DADE- - -
OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
c# on.Perf rmanc
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area:
State Purpose Area:
0001 - Law Enforcement
52 - Buffer Zone Protection Program - To protect, secure, and reduce
the vulnerability of identified critical infrastructure and key resource
(Cl/KR) sites.
Objectives and Measures
Objective: 52.01 - Provide a list of deliverables that will be accomplished during the grant
period.
Measure: Part 1
During the grant period will you complete the deliverables specified below such as
the purchase of all items or services required to complete the project? (List
deliverables)
Goal: Access Control System (ACS), software, control panels, input panels, output panels,
work station and UPS. All hardware required to accommodate the existing ACS.
CCTV System- convert camers to a digital network, A IP based color /high resolution
color cameras/PTZ's , digital video network recorders (DVNs), storage servers and
monitors as specific herein. IP cameras with high -resolution 2 Mega Pixel or
better/backlight compensation, integral auto iris varifocal lens, camera enclosures.
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
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Section #3 Page 1 of 1
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Section 4
Financial
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
FLAIR / Vendor Number: 596000375
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $199,999.00 $0.00 $199,999.00
Operating Capital $0.00 $0.00 $0.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
-- Totals -- $199,999.00 $0.00 $199,999.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # " 2012-BZPP-92
Contract -BZPP-DADE- - -
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Section #4 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Sectiond4 inanda
•
cont
Budget Narrative:
The following items have been approved under the Four Seasons Buffer Zone Protection Plan:
Item 1. AEL No. 04MD-01-VCAM
Description: CCTV Cameram System
Unit Cost-$140,000.00
Item 2. AEL 05NP-00-SEIM
Description: Control Access Point System
Unit Cost-$59,999.00
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
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Section #4 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Section Questions:
Question: Indicate your agency's Operating Capital 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 City of Miami procurement process for items over $25,000 requires a bid, public
notice and a public opening of a bid. Award is made by the City Manager for items
over $25,000 up to $50,000 and Award is made by City Commision for items over
$50,000.
Question: In the budget narrative have you included the Authorized Equipment List (AEL) # for
each approved item? (please see the Responder Knowledge Base at
https://wvwv.rkb.us/)
Answer: Yes, all requested items are approved by the A.E.L. and all AEL # have been
included.
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
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Section #4 Page 3 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Section ,§O an.itedard C jt otn
Insert Standard Conditions Page here.
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
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Section #5 Page 1 of 1
State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
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. Units of government and other organizations receiving Federal financial assistance from the
State shall adhere to applicable State laws and procedures except where inconsistent with Federal
statutes and guidelines. The circulars and government -wide common rules specific to that organization -
type also apply. Upon approval of this subgrant, the approved application and the following Standard
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.
Recipients are urged to carefully review and understand all terms and conditions of the award
prior to award acceptance. Failure to comply with these terms and conditions may result in
disallowance of costs and recovery of funds and/or suspension .or termination of funds and/or
award.
1. The subrecipient agrees to comply with the financial and administrative requirements set forth in
the current edition of the U.S. Department of Homeland Security Financial Management Guide and
the U. S. Department of Homeland Security, Office for Domestic Preparedness 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:
• Office of Management and Budget (OMB) Circulars: http://www.whitehouse.qov/omb/circulars
o A-21 (2 CFR 220), "Cost Principles for Educational Institutions"
o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments"
o A-102, "Grants and Cooperative Agreements with State and Local Governments"
o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations"
o A-133, "Audits of States, Local Governments, and Non -Profit Organizations"
• Code of Federal Regulations: http:/lwww.gpo.gov/fdsysl
o 44 CFR Chapter 1, part 3, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments"
o 48 CFR 1, 31, "Contract Cost Principles and Procedures"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the federal OMB Circular A-87,
"Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21,
"Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
to the OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for
reimbursement.
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within fifteen (15) days after the end of the reporting period. In addition,
if the subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance Reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems. Additional information may be required if necessary to
comply with federal reporting requirements.
(3) Submission: Performance Reports may be submitted by the Project Director, Application
Manager, or Performance Contacts.
b. Financial Reports
(1) Project Expenditure Reports
(a)
The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty (30) days after the end of the reporting period. In addition, if
the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON -line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -
audit and post -audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
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.
(e) Reports are to be submitted even when no reimbursement is being requested.
(f) The report must be electronically signed by the subgrantee or implementing agency's
chief financial officer or the chief financial officer's designee.
(2) Financial Closeout Audit
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
(a) The Financial Closeout Audit shall be submitted to the Department within forty-five
(45) days of the subgrant termination date.
(b) The Financial Closeout Audit must be electronically signed by the subgrantee or
implementing agency's chief financial officer or the chief financial officer's designee.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Financial Management
Guide, U.S. Department of Homeland Security Common Rule for State and Local
Governments OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their entirety.
c. Programs that include the purchase of equipment, recipients are encouraged to review the
Authorized Equipment List (AEL) (https://www.rkb.us/mel.cfm?subtypeid=549.) If State
agencies and/or local governments have questions concerning the eligibility of equipment not
specifically addressed in the AEL, they should contact their Program Manager or
Preparedness Officer for clarification
d. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant 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 reimbursement. All payments must be completed within thirty (30) days of the end of
the subgrant period.
7. Advance Funding
Advance funding may be provided to a subgrant recipient upon a written request to the
Department. The request must be electronically signed by the subgrantee or implementing
agency's chief financial officer or the chief financial officer's designee.
8. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to § 112.061, Fla. Stat.
9. Approval of Consultant Contracts
Compensation for individual consultant services is to be reasonable and consistent with the
amount paid for similar services in the market place. Consideration can be given to
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
compensation, including fringe benefits, for those individuals whose employers do not provide the
same. Time and effort reports are required for consultants. Competitive bidding for consultant
services is encouraged. The contract period must be within the subgrant period.
10. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
b. The subrecipient 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 U.S.
Department of Homeland Security Financial Management Guide 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.
11. 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 federal OMB Circular A-110 or A-
102, as applicable.
12. Copyright
The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
13. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S.
Department of Homeland Security. Points of view or opinions expressed in this document are
those of the author and do not necessarily represent the official position of policies of FEMA's
Grant Programs Directorate or the U.S. Department of Homeland Security."
14. Audit
a. Subgrant recipients that expend $500,000 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 Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. 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
subgrant recipient shall submit an annual financial audit that meets the requirements of
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
§ 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat.,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For -Profit Organizations."
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 all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant 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 subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant 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. Subgrant recipients 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, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall 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 report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement.
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
15. Performance of Agreement Provisions
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
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 subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
16. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
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 shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. 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 subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant 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.
17. Written Approval of Changes in this Approved Agreement (Grant Adjustments)
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, project director set forth in the approved
agreement and for any budget changes that will transfer more than 10% of the total budget
between budget categories.
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Requests for changes to the subgrant agreement must be electronically signed by the
subgrantee or implementing agency's chief official or the chief official's designee.
d. Any certifications required for the requested changes, such as Sole Source or Environmental
Historical Preservation (EHP) screening form, must be signed by the subgrantee or
implementing agency chief official or someone with formal, written signature authority for the
chief official.
18. Disputes and Appeals
a. 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 subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat.,
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 § 120, Fla. Stat.
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
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19. 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 Department of Homeland Security, or the Auditor
General of the State of Florida, have the right of visiting the project site to monitor, inspect and
assess work performed under this agreement.
20. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Homeland Security, Office of Domestic Preparedness, the U.S. Comptroller
General or any of their duly authorized representatives, shall 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 Financial Guide and the
Common Rule.
b. 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 § 119, Fla. Stat., and made or
received by the subgrant recipient or its contractor in conjunction with this agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
21. Retention of Records
• The subgrant recipient shall maintain all records and documents for a minimum of five (5) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons. The subgrant recipient shall comply with State of Florida
General Records Schedule GS1-SL for State and Local Government Agencies:
http://dlis.dos.state.fl.us/barm/penschedules/GS1-SL.pdf.
22. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Officials for the
Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's
online grants management system, SIMON (Subgrant Information Management Online). so that
the organization can be updated in SIMON. If the project director changes, a grant adjustment
must be entered in SIMON to reflect the change.
23. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level
2 standards set forth in that chapter.
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting. is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
24. Civil Rights Compliance
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients, implementing agencies, and contractors must comply with any applicable
statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42
U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C.
§ 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973
(29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -
based and community organizations).
b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability,
or age in the delivery of services or benefits or in employment.
c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to
whom they pass -through funds are in compliance with all Civil Rights requirements and that
the contractors, vendors, and agencies are aware that they may file a discrimination
complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to
do so.
d. Equal Employment Opportunity Plans
(1) A subgrant recipient or implementing agency must comply with EEO Requirements.
e. In the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to FDLE.
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against
individuals for taking action or participating in action to secure rights protected by these laws.
g.
Subgrant recipients must include comprehensive Civil Rights/Nondiscrimination Provisions in
all contracts funded by the subgrant recipient.
h. If the subgrant recipient or any of its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they may file a complaint with the subgrant
recipient, with FDLE.
i. The subgrant recipient must have procedures in place for responding to discrimination
complaints that employees and clients, customers, and program participants file directly with
the subgrant recipient.
Any discrimination complaints file with FDLE will be reviewed by FDLE's Inspector General
and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the
Equal Employment Opportunity Commission, based on the nature of the complaint.
k. Americans with Disabilities Act
Subgrant recipients 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 I), state and local government services and transportation (Title II), public
accommodations (Title III), and telecommunications (Title IV).
I. Limited English Proficiency (LEP)
In accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to
their programs and activities for persons with LEP. For more information on the civil rights
responsibilities that recipients have in providing language services to LEP individuals, please
see the website at www.lep.gov.
m. Equal Treatment for Faith Based Organizations
The subgrant recipient agrees to comply with the applicable requirements of 28 C.F.R. Part
38, the Department of Justice regulation governing "Equal Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of direct grants may still engage in inherently religious activities,
but such activities must be separate in time or place from the Department of Justice funded
program, and participation in such activities by individuals receiving services from the grantee
or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that
organizations participating in programs directly funded by the Department of Justice are not
permitted to discriminate in the provision of services on the basis of a beneficiary's religion.
Notwithstanding any other special condition of this award, faith -based organizations may, in
some circumstances, consider religion as a basis for employment.
25. Immigration and Nationality Act
No public fundswill 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
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
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.
26. National Environmental Policy Act (NEPA)/ Environmental and Historic Preservation (EHP)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Environmental and Historic Preservation Act, and other related federal environmental impact
analyses requirements in the use of subgrant funds by the subgrant recipient. 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 subgrant
recipient 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.
(5)
Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental and Historic Preservation Screening Form, as directed by
Department of Homeland Security, Federal Emergency Management Agency.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Homeland Security, Federal Emergency Management Agency, agrees to
cooperate with the Department of Homeland Security, Federal Emergency Management
Agency in any preparation by Department of Homeland Security, Federal Emergency
Management Agency of a national or program environmental assessment of that funded
program or activity.
27. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment
And Suspension (Nonprocurement)" These procedures require the subgrant 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. If the subgrant is $100,000 or
more, the subgrant recipient and implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application hadone or more public
transactions (Federal, State, or local) terminated for cause or default.
28. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. 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 31 USC 1352. 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.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grantor cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1)
No Federal appropriated funds have -been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3)
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
29. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
purpose of lobbying the legislature or a state agency is prohibited under this contract.
30. Additional Restrictions on Lobbying
The subgrant recipient understands and agrees that it cannot use any federal funds, 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 Office of Justice Programs.
31. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all 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.
32. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school
security measure that is undertaken on the incidence of crime in the geographic area
where the enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to
the Department the aforementioned assessment in its Final Program Report.
33. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision
which shall 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 in the project is under consideration for listing by the EPA.
34. Flood Disaster Protection Act
The subgrant recipient 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.
35. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification
and protection of historic properties), the Archeological and Historical Preservation Act of
1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42
U.S.C. § 4321).
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
36. Human Research Subjects
• Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office
of Justice Programs policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and
subject informed consent.
37. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Department of Homeland Security, Federal Emergency
Management Agency. Compliance with these requirements will be monitored by FDLE.
38. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to
supplant State or local funds, but will be used to increase the amounts of such funds that
would, in the absence of Federal funds, be made available for law enforcement activities.
39. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit
employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gain.
40. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which
govern the treatment of persons displaced as a result of federal and federally -assisted
programs.
41. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal
assistance.
42. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by
the employee.
43. Additional Documentation of Personnel for Department of Financial Services
In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial
Services may require documentation validation that personnel services were performed on
project related activities in accordance with the contract agreement.
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State Homeland Security (SHSP) and Buffer Zone Protection (BZPP) Program
Florida Department of Law Enforcement
44. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office
of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor,
subcontractor, or other person has either 1) submitted a false claim for grant funds under the
False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving grant funds
45. High Risk Subgrant Recipients
The subgrant recipient agrees to comply with any additional requirements that may be imposed
during the grant performance period if the U.S. Department of Homeland Security determines that
the subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
46. Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt
and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this subgrant and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
47. Central Contractor Registry (CCR)
The subgrant recipient must maintain the currency of its information in the CCR until it submits
the final financial report required under this award or receives the final payment, whichever is
later. This requires that the subgrant recipient review and update the information at least annually
after the initial registration, and more frequently if required by changes in its information or
another award term.
48. Maximum Allowable Salary
No portion of these federal grant funds shall be used towards any part of the annual cash
compensation of any employee of the subgrant recipient whose total annual cash compensation
exceeds 110% of the maximum salary payable to a member of the Federal government's Senior
Executive Service at an agency with a Certified SES Performance Appraisal System for that year.
(The salary table for SES employees is available at
http://www.opm.qov/oca/10tables/indexSES.asp.)
(A subgrant recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual
basis at the discretion of the OJP official indicated in the program announcement under which this
award is made.
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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 dutyauthorized officers on the date, month and year set
out below.
Signature:
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
>tate7of Florida
_artment of=,LawgEnforcement
iceofxCriminalhJustice�Grants
Typed Name and Title:
Date:
ommission':
�rantRecipien
icial of-Governmental�Unit
layor,,orDesign.,ated Representative
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
OCJG-005 (rev. April 2005)
Section #6 Page 1 of 1
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Sect on 7 Ce is s s and Authonzat ons
Insert Certifications and Authorizations here.
Application Ref # 2012-BZPP-92
Contract -BZPP-DADE- - -
OCJG-005 (rev. April 2005)
Section #7 Page 1 of 1