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State Financial Assistance Grant
Expenditure Report for Payment
Program Name:
Operation Blue and Brown
Sub -Recipient Organization:
Grant #:
2020-S FA-GAA-43-P6-002
Claim Report Number:
BUDGET CATEGORY CATEGORY TOTAL
Personnel (Salaries/Overtime)
Fringe Benefits
Travel
Equipment (OCO)
Expenses (Supplies)
Construction
Contractual Services/Subcontracts
Procurement Contracts
Other Costs
Total Claim Amount
I hereby certify that the above costs are true and valid costs incurred in accordance
with the agreement and do not exceed the annual cost limitations.
Date:
Signed:
Participating Agency Chief Official
Printed Name Chief Official
DETAIL OF PERSONNEL (Salaries/Overtime)
Sub -Recipient:
Grant #: Reporting Period:
2020-S FA-GAA-43--P6-002
Clai
Employee name or ID and
title
Description of work or case
Dates of work
performed
Hours worked Date(s) paid
TOTAL Personnel:
Total charged to
project
DETAIL OF FRINGE BENEFITS
Sub-Recipien
Grant .
2020-S FA-GAA-43-P6-002
Reporting Period:
Clai
Employee name or lD and title Retirement
Health Life
insurance insurance
FICA
lorkers
comp
Other
Total charged to
project
TOTAL Fringe Benefi
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MlAMI-DADE POLICE DEPARTMENT
Sub Award Agreement to Miami Police Department
Monthly Deliverables for Financial and Programmatic
I. Grant Award Number: FDLE 2020-SFA-GAA-43-P6-002
II. Amount of Sub -Grant Award: $165,000 includes fringes
III. Grant start / end date: Upon execution of Sub -Award — 04 0/2020
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Performance Reporting
1. Provide a narrative description of the activities and accomplishments achieved during the rep -ting period
to address:
a. How was there an increase in police presence?
b. How was there an increase in police visibility?
e. How did MDPD & MPD impede the sale and use of drugs in the area?
2, Number of operations completed during this reporting period?
3, Total number of officers used for operations during this reporting period?
4. Total paid for overtime and fringes during this reporting period?
5. Describe noteworthy accomplishments, success stories.
6. Describe any progress or barriers encountered related to achieving those goals.
7. Describe the Return on Investment (ROI) of this program for MPD and/or the community.
Designated Project Manager (Point of Contact)
Print Name:
Signature:
Contact Information:
Email address
Telephone #
Date
ATrAHMENTF
FY 2030 Budget K0DPC-K8PDOperation, Blue and Brown Project _
Agency
Category
Detail Item Description
Current Budget
Miami'DadeCounty-K4DPD
Personnel
�Operation Blue and Brown
$335,000
City ofK8ianoi'MPD
Personnel
Operation Blue and Brown
$165,008
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ATTACHMENT E
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
GRANT AWARD
Recipient: Miami -Dade Police Department (MDPD)
Grant Period: From: 7/1/2019 To: 6/30/2020
Project Title: Operation Blue and Brown
Grant Number 2020-SFA-GAA-43-P6-002
Awarded Funds: $500,000
CSFA Catalog Number: 71.040
This agreement is entered Into by and between the Florida Department of Law Enforcement (herein referred
to as "FDLE" or "Department") and Miami -Dade Police Department (herein referred to as "Recipient"); and
WHEREAS, the Department has the authority pursuant to Florida law and does hereby agree to provide
state financial assistance to the Recipient in accordance with the terms and conditions set forth in this
agreement, and
WHEREAS, the Department has available funds resulting from a single, non -recurring appropriation in The
General Appropriations Act, Chapter 2019-115, Laws of Florida, Section 4, Specific Appropriation 1281,
Grants and Aids to Local Governments and Non -State Entities, intended to be provided to the Recipient as
reimbursement of eligible costs resulting from allowable activities as defined in this agreement, and
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge,
qualifications and experience to carry out the state project identified herein, and does offer to perform such
services.
NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:
The General Appropriations Act contains the following proviso language and provides information on the
legislative intent for use of these funds:
From the funds in Specific Appropriation 1281, $500,000 in nonrecurring general revenue fund is provided to
Miami -Dade County Operation Blue end Brown project,
Page 1 of 13
;Scope of Work
The goal of Operation Blue and Brown is to reduce violent crimes, specifically crimes related to gun
violence. The grant funds will be used to increase police presence in the geographical area which has
experienced a significant increase In gun -related violence since April 2018. MDPD will increase the
visibility of police patrols and law enforcement activity to reduce gun violence and impede the sale and
use of drugs in the area.
The Miami -Dade Police Department will use grant funds to pay overtime salaries and benefits for
approximately 36 MDPD officers to provide increased visibility of uniformed patrol and community
outreach.
Project Deliverables
Total payments for all deliverables will not exceed the maximum grant award amount of $500,000,
Deliverable 1: Payment of
violent crirn
Minimum performance
criteria:
Financial consequences:
Deliverable price:
overtime salaries and benefits to approximately 36 MDPD officers to reduce
es.
Minimum performance will be attestation of work activities in submitted
claim reports.
Only those costs for activities related to the purpose of this funding will be
eligible for reimbursement.
Total payments for this deliverable will be approximately $500,000.
Performance Reports
Supporting documentation for performance must be maintained by Recipient and made available upon
request for monitoring purposes, Examples of supporting documentation include but are not limited to
timesheets, payroll documentation, third -party agreements, equipment inventory lists, invoices, purchase
orders, and proof of purchase, etc.
Recipient shall provide monthly Performance Reports to the Department attesting to the progress towards
deliverables and to validate the required minimum acceptable level of service performed. Performance
Reports are due 15 days after the end .of each reporting period. (Example: If the reporting period is July
1-31, the Performance Report is due August 151h).
Recipient will respond to the questions listed below in the monthly Performance Reports. Information
provided by the Recipient will be used by the Department for processing payments, verifying deliverables,
and to compile reports on project progress to the Legislature and Executive Office of the Governor.
Performance Reports must address and/or contain the following:
1, Provide a narrative description of the activities and accomplishments achieved during the reporting
period.
2. Specify the number of individual personnel overtime salaries paid with funds from this award
during the reporting period.
3. Describe any noteworthy accomplishments, success stories, or program outcomes from this
reporting period.
Page o 14
4. Describe any progress or barriers encountered related to achieving those goals during the
reporting period and how these obstacles will impact the successful completion of the project.
5. Describe the return on investment or benefits of this program for the organization and/or the
community.
PayrrAllt, ocloirOurAnts a•Finan010,
This is a cost reimbursement agreement with the ability to advance, The Recipient must maintain original
supporting documentation for all funds expended and received under this agreement in sufficient detail for
proper pre- and post -audit and to verify work performed was In accordance with the deliverable(s) and not
eligible for payment under another state or federal funding source. Payment shall be contingent upon the
Department's grant manager receiving and accepting the invoice and supporting documentation.
Supporting documentation Includes, but is not limited to, quotes, procurement documents, purchase
orders, original receipts, invoices, canceled checks or EFT records, bank statements, etc.
Claim Reports shall validate the receipt of goods and services and verify the Recipient's compliance with
691-40.002, F.A.C. All expenditures for state financial assistance must comply with the Reference Guide
for State Expenditures published by the Florida Department of Financial Services. The Department will
administer and disburse funds under this agreement in accordance with ss. 215.97, 215.971, 215.981
and 215.985, F.S.
The Department will fund the Recipient for allowable expenditures incurred during the eligible reporting
period according to the terms and conditions, subject to the availability of funds and satisfactory
performance of all terms by the Recipient, The State of Florida's performance and obligation to pay under
this agreement is contingent upon an appropriation by the Legislature.
Recipient shall provide monthly Claim Reports to the Departrnent due 30 days after the end of each
reporting period. All Claim Reports must be approved and signed by the Recipient's chief financial official
and include a certification that costs claimed are true and valid costs incurred in accordance with the
agreement.
The State Chief Financial Officer (CFO) reserves the right to require further documentation on an as
needed basis.
Using the forms provided in conjunction with this agreement, Claim Reports must clearly identify the dates
of services, a description of the specific contract deliverables provided during the reporting period, the
quantity provided, and the payment amount specified in the agreement. Except for advances, defiverables
must be received and accepted prior to payment and are subject to subsequent audit and review to the
satisfaction of the Department. The Department's determination of acceptable expenditures shall be
conclusive.
The final Claim for Payment shall be submitted to the Department no more than 30 days after the end
date of the grant. Any payment due under the terms of this agreement may be withheld until performance
of services and all reports due from the Recipient and necessary adjustments have been approved by the
Department. Before the final payment will be processed, the Recipient shall submit to the Department all
outstanding project reports and must have satisfied all special conditions. Failure to comply with these
provisions shall result in forfeiture of reimbursement.
Page 3 of 14
Appendix A: Adminfstration
Changes to the following points of contact and chief officials below must be submitted to FDLE Office of
Criminal Justice Grants in writing.
Chief Official
Name Carlos A. Gimenez
Title Mayor
Address
111 Northwest 15IStreet
Miami, FL 33128
Phone 305-375-5330
Email Carlos.Gimenez@miamidade.gov
Contract/Grant Manager
Name Randall Rossman
Title Sergeant
9106 Northwest25 Street
Address Dora!, FL 33172
Phone 305-471-2501
Email rlrossman@mdpd.corn
Name
Title
Address
Phone
Email
FEID #
Official Payee
Miami -Dade County
Board of County Commissioners
9105 Northwest 25 Street
Doral, FL 33172
305-471-2584
r.ramos@mdpd.com
59-6000573
Programmatic Contact
Name Jorge Bello
Title Acting Exec Sr. Bureau Commander
9105 Northwest 25 Street
Address
Doral, FL 33172
Phone 305-471-2520
Email j,bello@mdpd.com
Chief Financial Officer
Name Gustavo Knoepffler
Assistant Director
Title
Departmental Services
9105 Northwest 25 Street
Address Doral, FL 33172
Phone 305-471-3578
Email GKnoepffler@mdpd.com
Page 4 of 14
:Appendix B: Budget
The following describes the proposed budget for the project. All amounts noted in budget are estimates
based on preliminary quotes or prior program activities. Deviations from this budget that exceed 10% of
the total amount in any budget category must be approved by FDLE Office of Criminal Justice Grants
Bureau Chief in writing prior to payment.
Budget Category
A. Personnel (Salary/Overtime)
B. Fringe Benefits
C Travel
D. Equipment (OCO)
E. Supplies
F. Construction
G. Contractual Services & Subcontracts
H. Procurement Contracts
I. Other Costs
TOTAL
Total
$378,316
$121,684
$0
$0
$0
$0
$0
$0
$0
$500,000
Budget Narrative:
A. Personnel (Salaries & Overtime)
The Recipient will use grant funds to pay overtime salaries for additional patrol police officers to increase
police visibility, reduce gun violence, and impede the sale and use of drugs.
Computation
Employee NamelTitte Position/DescrIption (show salary rate and percentage of time Cost
devoted to the project)
MDPD Police Officers 36 MDPO Police Officers IThe requested funds will be used for Police $378,3
Officer overtime (OT) costs: 4.5 estimated OT
hours hours/day/officer (2 OT day shift and
2,5 OT afternoon shift) x 7 days/week x 36
Police Officers x $61.09 (OT hourly rate) =
$69,276,08 OT cost/week x 5,461 weeks
$378,316
TOTAL - Personnel $378,316
Page 5 of 14
B. Fringe Benefits
The Recipient will use grant funds to pay benefits for overtime salaries for additional patrol police officers
to increase police visibility, reduce gun violence, and impede the sale and use of drugs.
Employee Name/Title
MDPD Police Officers
Description of Benefit Computation
(FICA, Retirement, etc.) (show the basis for the computation)
36 MDPD Police Officers !The requested funds will be used for Police
.FICA (6.2%), MICA (1.45%), :Officer fringe benefit (FB) costs: 4.5
,High Risk Retirement (24.5% 'estimated OT hours hours/day/officer (2 OT
day shift and 2.5 OT afternoon shift) x 7
,days/week x 36 Police Officers x $19 65 (FB
,hourly rate) = $22,283.10 FB cost/week x
5.461 weeks .= $121,684
Cost
$121,684
Total - Fringe Benefits $121,684
C. Travel - Not Applicable
D. Equipment (Operating/Fixed Capital Outlay) - Not Applicable
E. supplies - Not Applicable
F. Construction - Not Applicable
G. Subawards 1 Subgrants - Not Applicable
H. ProcurementContracts - Not Applicable
I. Other Costs - Not Applicable
Page 6 of 14
The following terms and conditions will be binding
upon approval of the grant award and execution of the
contract by both the Recipient and the Florida
Department of Law Enforcement. The Recipient will
maintain required registrations and certifications for
eligibility under this program,
The Department and the Recipient agree that they do
not contemplate the development, transfer or receipt
of intellectual property as a part of this agreement,.
The Recipient certifies with respect to this agreement
that it possesses the legal authority to receive the
funds to be provided under this agreement and that, If
applicable, its governing body has authorized, by
resolution or otherwise, the execution and acceptance
of this agreement with all covenants and assurances
contained herein. The Recipient also certifies that the
undersigned possesses the authority to legally
execute and bind Recipient to the terms of this
agreement.
if a project is not operational within 60 days of the
original start date of the award period, the Recipient
must report by letter to the Department the steps
taken to initiate the project, the reasons for delay, and
the expected start date. If a project is not operational
within 90 days of the original start date of the award
period, the Recipient must submit a second statement
to the Department explaining the implementation
delay.
Upon receipt of the 90 day letter, the Department
shall determine if the reason for delay is justified or
shall, at its discretion, require additional project
documentation and justifications throughout the award
period. The Department will also require the Recipient
provide a revised project tiimeiine that includes all
anticipated project activities, tasks, and estimated
completion date(s).
I. PAYMENTS r:
Overpayments
Any funds paid In excess of the amount to which the
Recipient Is entitled under the terms and conditions of
the agreement must be refunded to the Department.
Any balance of unobligated cash that has been paid
and has not been authorized to be retained for direct
program costs in a subsequent period must be
refunded to the Department.
Advance Funding
Advance funding may be provided to a subrecipient
upon completion and submission of a Cash Advance
Request form to the Department. The request must
be signed by the subrecipient or Implementing
Agency's Chief Financial Officer or the Chief Financial
Officer designee.
Advance funding should be requested only when the
Subrecipient has an Imminent and specific need to
expend project funds. Cash advances muss be spent
on project costs within 30 days of receipt. Should
extenuating circumstances arise which prevent the
expenditure of advance funds within 30 days of
receipt, a written request to retain the funds must be
provided by the recipient and approved by the
Department. An expenditure claim for advance
funding must be submitted to the Department within
45 days of advance funding receipt.
II'FAOIACIA144001sitlig6r4ErifENT
Personnel Changes
The recipient must notify the FDLE grant manager of
any change in the Chief Officials or project Director or
any change in contact information, including mailing
address, phone number, email, or title change.
Obligation of Grant Funds
Grant funds shall not under any circumstances be
obligated prior to the effective date, or subsequent to
the termination date, of the period of performance.
Only project costs Incurred on or after the effective
date, and an or prior to the termination date of the
Recipient's project are eligible for reimbursement. All
payments must be completed within thirty (30) days of
the end of the grant period of performance.
Financial Management
The Recipient must have a financial management
system able to record and report on the receipt,
obligation, and expenditure of grant funds, An
adequate accounting system must be able to
separately track receipts, expenditures, assets, and
liabilities for awards, programs, and subrecipients.
The Recipient shall maintain books, records, and
documents (including electronic storage media) in
accordance with generally accepted accounting
procedures and practices.
Recipient must have written.
procurement transactions,
Travel
Cost for travel shall be reimbursed
travel rate, but the total per travel
exceed rates established in State
Guidelines, §112.061, F.S.
procedures for
at the Recipient's
voucher shall not
of Florida Travel
Page 7 of 14
Subcontracts
Recipient agrees that all employees, subcontractors,
or agents performing work under the agreement shall
be properly trained individuals who meet or exceed
any specified training qualifications.
Recipient agrees to be responsible for all work
performance and ail expenses incurred in fulfilling the
obligations of this agreement, and will not assign the
responsibility for this agreement to another party, If
the Recipient subcontracts any or all of the work
required under this agreement, a copy of the
executed subcontract must be forwarded to the
Department within thirty (30) days after execution of
the subcontract, The Recipient agrees to include In
the subcontract that () the subcontractor is bound by
all applicable state and federal laws and regulations,
and (11) the subcontractor shall heel the Department
and Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance
of work under this agreement, to the extent allowed
and required by law.
Grant Adjustments
Recipients must submit a Request For Grant
Adjustment to the FDLE grant manager for
substantive changes such as: scope modifications,
changes to project activities, target populations,
service providers, implementation schedules, project
director, designs or research plans set forth in the
approved agreement, and for any budget changes
affecting a cost category that was not Included in the
original budget.
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. Adjustments are required when
there will be a transfer of 10% or more of the total
budget between budget categories.
Under no circumstances can transfers of funds
increase the total award.
Requests for changes to the grant agreement must be
signed by the Recipient or Implementing Agency's
chief official or the chief official's designee.
All requests for changes must be submitted no later
than thirty (30) days prior to grant expiration date,
Conflict of interest
The Recipient 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.
Recipients must disclose in writing any potential
conflict of interest to the Department.
Violations of Criminal Law
The Recipient must disclose all violations of state or
federal criminal law involving fraud, bribery or gratuity
violations potentially affecting the grant award.
Convicted Vendors
The Recipient shall disclose to the Department if It, or
any of its affiliates, as defined in §287.133(1)(a) F.S.,
Is on the convicted vendor list. A person or affiliate
placed on the convicted vendor list following a
conviction for a public entity crime is prohibited from
doing any activities listed in the agreement for a
period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
Vendors on Scrutinized Companies Lists
If this agreement Is in the amount of $1 million or
more, Recipient certifies upon executing this
agreement that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to
§215.473, F.S., or engaged in business operations In
Cuba or Syria. in the event that federal law ceases to
authorize the states to adopt and enforce the
contracting prohibition identified herein, this provision
shall be null and void.
Discriminatory Vendors
The Recipient shali disclose to the Department if it or
any of its affiliates, as defined by §287.134(1)(a), F.S.
appears on the discriminatory vendors list, An entity
or affiliate placed on the discriminatory vendor list
pursuant to §287.134, F.S. may not a) submit a bid,
proposal, or reply on a contract or agreement to
provide any goods or services to a public entity; b)
submit a bid, proposal, or reply on a contract or
agreement with a public entity for the construction or
repair of a public building or public work; c) submit
bids, proposals, or replies on leases of real property
to a public entity; d) be awarded or perform work as a
contractor, subcontractor, Recipient, supplier,
subreciplent, or consultant under a contract or
agreement with any public entity; or e) transact
business with any public entity.
Reporting Potential Fraud, Waste, Abuse, and
Similar Misconduct
The Recipient must promptly refer to the 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 claim for grant funds that
violates 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.
Restrictions and certifications regarding non-
disclosure agreements and related matters
Recipients or contracts/subcontracts under this award
may not require any employee or contractor to sign an
Page 8 of 14
internal confidentiality agreement or statement that
prohibits, restricts or purports to prohibit or restrict,
the reporting of waste, fraud or abuse in accordance
with law, to an investigative or law enforcement
representative of a state or federal department or
agency authorized to receive such Information,
The Recipient certifies that If informed or notified of
any subrecipient, or contractor/subcontractor has
been requiring their employees to execute
agreements or statements that prohibit the reporting
of fraud, waste, or abuse that it will immediately cease
all further obligations of award funds to the entity and
will immediately notify the Department. The Recipient
will not resume obligations until expressively
authorized to do so from the Department.
iV:sCOMPL1ANCE VITA vrictiffst;114.-E-b
EaLATQNR -
In performing its obligations under this agreernent, the
Recipient shall without exception be aware of and
comply with all State and Federal laws, rules and
regulations relating to Its performance under this
agreement as they may be enacted or amended from
time -to -time, as well as any court or administrative
order, judgment, settlement or compliance agreement
involving the Department which by its nature affects
the services provided under this agreement. The
following are examples of rules and regulations that
govern Recipients performance under this
agreement.
Civil Rights
The Recipient agrees to comply with the Americans
With Disabilities Act (Public Law 101-336, 42 U.S.C.
Section 12101 et seq.) and shall not discriminate
against any employee (or applicant for employment)
In the performance of thls agreement because of
race, color, religion, sex, national origin, disability,
age, or marital status. These requirements shall apply
to all contractors, subcontractors, subgrantees or
others with whom it arranges to provide services or
benefits to clients or employees in connection with Its
programs and activities.
Lobbying Prohibited
The Recipient shall comply with the provisions of
§§11.062 and 216,347, F.S., which prohibit the
expenditure of funds for the purpose of lobbying the
Legislature, judicial branch, or a Stale agency. No
funds or other resources received from the
Department in connection with this agreement may be
used directly or indirectly to Influence legislation or
any other official action by the Florida Legislature or
any state agency.
Public Records
As required by §287.058(1)(c), F.S., the Recipient
shall allow public access to all documents, papers,
letters, or other public records as defined in
§119.011(12), F.S.as prescribed by §119.07(1) F.S,,
made or received by the Recipient in conjunction with
this agreement, except public records which are made
confidential by law must be protected from disclosure.
It is expressly understood that the Recipient's failure
to comply with this provision shall constitute en
Immediate breach of contract, for which the
Department may unilaterally terminate this
agreement.
Timely Payment of Subcontractors
To the extent that a subcontract provides for payment
after Recipient's receipt of payment from the
Department, the Recipient shall make payments to
any subcontractor within 7 working days after receipt
of full or partied payments from the Department in
accordance with §287.0585, F.S., unless otherwise
stated in the agreement between the Recipient and
subcontractor. Failure to pay within seven (7) working
days will result in a penalty that shall be charged
against the Recipient and paid by the Recipient to the
subcontractor in the amount of one-half of one
percent (.005) of the amount due per day from the
expiration of the period allowed for payment. Such
penalty shall be in addition to actual payments owed
and shall not exceed fifteen (15%) percent of the
outstanding balance due,
Legal Authorization
The Recipient certifies with respect to this agreement
that it possesses the legal authority to receive the
funds to be provided under this agreement and that, if
applicable, its governing body has authorized, by
resolution or otherwise, the execution and acceptance
of this agreement with all covenants and assurances
contained herein. The Recipient also certifies that the
undersigned possesses the authority to legally
execute and bind Recipient to the terms of this
agreement,
Independent Contractor, Subcontracting and
Assignments
In performing Its obligations under this agreement, the
Recipient shall at all times be acting In the capacity of
an independent contractor and not as an officer,
employee, or agent of the State of Florida. Neither the
Recipient nor any of its agents, employees,
subcontractors or assignees shall represent to others
that it is an agent of or has the authority to bind the
Department by virtue of this agreement, unless
specifically authorized in writing to do so.
Notice of Legal Actions
The Recipient shall notify the Department of potential
or actual legal actions taken against the Recipient
related to services provided through this agreement or
that may impact the Recipients ability to complete the
deliverables outlined herein, or that may adversely
impact the Department. The Department's Grant
Manager will be notified within 10 days of Recipient
becoming aware of such actions or potential actions
or from the day of the legal filing, whichever comes
first.
Page 9 of 14
Property
In accordance with §287,05805, F.S. any State funds
provided for the purchase of or improvements to real
property are contingent upon the Recipient granting to
the State a security interest in the property at least to
the amount of the State funds provided for at least
five (5) years from the date of purchase or the
completion of the improvements or as further required
by law.
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 Chapter 435 F.S., shall apply.
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 record checks through
the Florida Department of Law Enforcement, and
federal criminal record checks through the Federal
Bureau of investigation, and may include local
criminal record checks through local law enforcement
agencies.
V.:13 EZORtSsAlkitirtS-AND4 IA,SECURiTY,
Records, Retention
Retention of all financial records, supporting
documents, statistical records, and any other
documents (including electronic storage media)
pertinent to this agreement shall be maintained by the
Recipient during the term of this agreement and
retained for a period of five (5) years after completion
of the agreement or longer when required by law. In
the event an audit Is required under this agreement,
records shalt be retained for a minimum period of five
(5) years after the audit report Is issued or until
resolution of any audit findings or litigation based on
the terms of this (agreement, al no additional cost to
the Department.
Upon demand, at no additional cost to the
Department, the Recipient will facilitate the duplication
and transfer of any records or documents during the
term of this agreement and the required five (5) year
retention period. No record may be withheld, nor may
the Recipient attempt to limit the scope of any of the
foregoing inspections, reviews, copying, transfers or
audits based on any claim that any record is exempt
from public inspection or is confidential, proprietary or
trade secret in nature; provided, however, that this
provision does not limit any exemption to public
Inspection or copying to any such record.
These records shall be made available at all
reasonable limes for inspection, review, copying, or
audit by State, or other personnel duty authorized by
the Department.
Acceptance of this award, if applicable, constitutes
understanding that transmission of Criminal Justice
Information (CJI) between locations must be
encrypted to conform to the Federal Bureau of
Investigation (FBI) Criminal Justice Information
Services (CJIS) Security Policy. Documentation
supporting compliance with this requirement must be
provided during monitoring or prior to closeout.
Audits
The Recipient shall comply and cooperate
immediately with any inspections, reviews,
investigations, or audits deemed necessary by The
Office of the Inspector General (§20.055, F.S.).
In the event that the Recipient expends a total amount
of state financial assistance equal to or In excess of
$750,000 In any fiscal year of such Recipient, the
Recipient must have a State single or project -specific
audit for such fiscal year In accordance with §215,97,
F.S.; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. In
determining the state financial assistance expended
in its fiscal year, the Recipient shall consider all
sources of state financial assistance, including state
financial assistance received from the Department of
Law Enforcement, other state agencies, and other
non -state entitles. State financial assistance does not
include Federal direct or pass -through awards and
resources received by a non -state entity for Federal
program matching requirements,
The schedule of expenditures should disclose the
expenditures by contract/agreement number for each
contract with the Department in effect during the audit
period. All questioned costs and liabilities due the
Department shall be fully disclosed In the audit report
package with reference to the specific contract
number,
If the Recipient expends less than $750,000 in state
financial assistance In Its fiscal year, an audit
conducted in accordance with the provisions of
§215.97, Is not required, In the event that the
Recipient expends less than $750,000 In state
financial assistance in Its fiscal year and elects to
have an audit conducted In accordance with the
provisions of §215 97, F.S., the cost of the audit must
be paid from the non -state entity's resources (i.e., the
cost of such an audit must be paid from the
Recipient's resources obtained from other than State
entities).
Pursuant to §215.97(B), F.S. State agencies may
conduct or arrange for audits of state financial
Page 10 of 14
assistance that are in addition to audits conducted in
accordance with §2.15.97, F,S.. In such an event, the
State awarding agency must arrange for funding the
full cost of such additional audits.
Any reports, management letters, or other information
required to be submitted to the Department pursuant
to this agreement shall be submitted within nine (9)
months after the end of the Recipient's fiscal year or
within 30 days of the Recipient's receipt of the audit
report, whichever occurs first, unless otherwise
required by Florida Statutes:
Copies of financial reporting packages required by of
this agreement shall be submitted by or an behalf of
the Recipient directly to each of the following:
The Department of Law Enforcement at:
Rona Kay Credit
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
The Auditor General's Office at:
Auditor General's Office
Room 401, Popper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Monitoring
The Recipient agrees to comply with the
Department's grant monitoring guidelines, protocols,
and procedures; and to cooperate with the
Department on all grant monitoring; requests,
Including requests related to desk reviews, enhanced
programmatic desk reviews, site visits, and/or Florida
Department of Financial Services contract ^ reviews
and Expanded Audits of Payment (EAP).
The Recipient agrees to provide the Department all
documentation necessary to complete monitoring of
the award and verify expenditures in accordance with
§2.15.971, P.S. Further, the Recipient agrees to abide
by reasonable deadlines set by the Department for
providing requested documents. Failure to cooperate
with grant monitoring activities may result in sanctions
affecting the Recipient's award, including, but not
limited to: withholding and/or other restrictions on the
Recipient's access to funds, and/or referral to the
Office of the Inspector General for audit review.
Property Management
The Recipient shall establish and administer a system
to protect, preserve, use, maintain, and dispose of
any property furnished to it by the Department or
purchased pursuant to this agreement,
Recipient's Confidential and Exempt information
By executing this agreement, the Recipient
acknowledges that, having been provided an
opportunity to review all provisions hereof, all
provisions of this agreement not specificaily identified
in writing by the Recipient prior to execution hereof as
"confidential' or "exempt" will be posted by the
Department on the public website maintained by the
Department of Financial Services pursuant to
§215.985, F.S. The Recipient agrees that, upon
written request of the Department, it shall promptly
provide to the Department a written statement of the
basis for the exemption applicable to each provision
identified by the Recipient as "confidential" or
"exempt", including the statutory citation to an
exemption created or afforded by statute, and state
with particularity the reasons for the conclusion that.
the provision is exempt or confidential.
Any claim by Recipient of trade secret (proprietary)
confidentiality for any information contained in
Recipient's documents (reports, deliverables or work
papers, etc., in paper or electronic form) submitted to
the Department in connection with this agreement.
cannot be waived, unless the claimed confidential
information is submitted in accordance with the
following two paragraphs.
The Recipient must clearly label any portion of the
documents, data, or records submitted that it
considers exempt from public inspection or disclosure
pursuant to Florida's Public Records Law as trade
secret. The labeling will include a justification citing
specific statutes and facts that authorize exemption of
the information from public disclosure. If different
exemptions are claimed' to be applicable to different
portions of the protected information, the Recipient
shall include information correlating the nature of the
claims to the particular protected information.
The Department, when required to comply with a
public records request Including documents submitted
by the Recipient, may require the Recipient to
expeditiously submit redacted copies of documents
marked as trade secret In accordance with this
section. Accompanying the submission shall be an
updated version of the justification, correlated
specifically to redacted information, either confirming
that the statutory and factual basis originally asserted
remain unchanged or indicating any changes affecting
the basis for the asserted exemption from public
inspection or disclosure. The redacted copy must
exclude or obliterate only those exact portions that
are claimed to be trade secret. If the Recipient fails to
promptly submit a redacted copy, the Department Is
authorized to produce the records sought without any
redaction of proprietary or trade secret information.
VI.. JAt TIES* TI:R 11hIATtt1 13,) PiJTE:
I3ESOI 1i TIq'Ni, 410(LIT'r' Alt1 tV.QOMl'lltUNjlQATi_t�N
Financial Penalties for Failure to Take Corrective
Action
Corrective action plans may be required for
noncompliance, nonperformance, or unacceptable
performance under this agreement. Penalties may be
Page 11 of 14
Imposed for failures to implement or to make
acceptable progress on such corrective action plans.
Termination
The Department reserves the right to unilaterally
cancel this agreement for refusal by the Recipient to
allow public access to all documents, papers, letters
or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the
Recipient in conjunction with this agreement, unless
the records are exempt pursuant to Article I. Section
24(a), of the Florida Constitution and §119.07(1), F.S.
The Department shall be the final authority as to the
appropriation, availability and adequacy of funds. in
the event the. Recipient fails to fully comply with the
terms and conditions of this agreement, the
Department may terminate the agreement upon
written notice. Such notice may be Issued without
providing an opportunity for cure if it specifies the
nature of the noncompliance and states that provision
for cure would adversely affect the interests of the
State or is not permitted by law or regulation.
Otherwise, notice of termination will be issued after
the Recipient's failure to fully cure such
noncompliance within the time specified in a written
notice of noncompliance issued by the Department
specifying the nature of the noncompliance and the
actions required to cure such noncompliance. in
addition, the Department may employ the default
provisions in Rule 60A-1.006(3), F.A.C., but Is not
required to do so in order to terminate the agreement.
The Department's failure to demand performance of
any provision of this agreement shall not be deemed
a waiver of such performance. The Department's
waiver of any one breach of any provision of this
agreement shall not be deemed to be a waiver of any
other breach and neither event shall be construed to
be a modification of the terms and conditions of this
agreement. The provisions herein do not limit the
Departments right to remedies at law or in equity.
The validity of this agreement Is subject to the truth
and accuracy of all the information, representations,
and materials submitted or provided by the Recipient
in this agreement, in any subsequent submission or
response to Department request, or in any
submission or response to fulfill the requirements of
this agreement, and such information,
representations, and materials are incorporated by
reference. The lack of accuracy thereof or any
material changes shall, at the option of the
Department and with thirty (30) days written notice to
the Recipient, cause the termination of this agreement.
and the release of the Department from all its
obligations to the Recipient. This agreement shall be
construed under the laws of the State of Florida, and
venue for any actions arising out of this agreement
shall Ile in Leon County. If any provision hereof is In
conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict,
and shall be deemed severable, but shall not
invalidate any other provision of this agreement.
No waiver by the Department of any right or remedy
granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or
act as a waiver of any other right or remedy of the
Department hereunder, or affect the subsequent
exercise of the same right or remedy by the
Department for any further or subsequent default by
the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this
agreement shall survive the terms and life of this
agreement as a whole.
The agreement may be executed In any number of
counterparts, any one of which may be taken as an
original.
In the event of termination, the Recipient will be
compensated for any work satisfactorily completed
through the date of termination or an earlier date of
suspension of work,
Disputes and Appeals
The Department shall make its decision in writing
when responding to any disputes, disagreements,, or
questions of fact arising under this agreement and
shall distribute its response to all concerned parties.
The Recipient shall proceed diligently with the
performance of this agreement according to the
Department's decision, If the Recipient appeals the
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 Recipient's
right to appeal the Department's decision is contained
in Chapter 120, F.S., and in procedures set forth to
Fla. Admin. Code R.26-106,104. Failure to appeal
within this time frame constitutes a waiver of
proceedings under Chapter 120, F.S. After receipt of
a petition for alternative dispute resolution the
Department and the Recipient shall attempt to
amicably resolve the dispute through negotiations.
Timely delivery of a petition for alternative dispute
resolution and completion of the negotiation process
shall be a condition precedent to any legal action by
the Recipient conceming this agreement.
Liability
Unless the Recipient is a state agency or subdivision,
the Recipient shall be solely responsible to parties
with whom It shall deal in carrying out the terms of this
agreement, and shall save the Department harmless
against all claims of whatever nature by third parties
arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient
agrees that It is not an employee or agent of the
Department, but Is an independent contractor.
Nothing herein shall be construed as consent by a
state agency of the Slate of Florida to be sued by
third parties In any matter arising out of any contract.
In any way the Recipient rights, privileges, and
Page 12 of 14
Nothing in this agreement shall be construed to affect
immunities under the doctrine of "sovereign immunity'
and as set forth In §768,28, F.S.
Page 13 of 14
Section VI: Signatures
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.
Corrections on this page, includinginc!uding strikeovers, whiteout, etc. are not permitted.
State of Florida
Department of Law Enforcement
Office of Crlminal Justice Grants
Sign
Typed Name and Title: Rona Kav Credit Chief Planning and Performance
Date: 617C1
Signature:
201_9
Typed Name and Ti
Date: CI 1 ILI
Signature:
Typed Name and Title:
Date:
Recipient
Miami -Dade County
Carlos A. Girnenez, Mayor
IVUZIRICELI<EIV113
DEPUTY MAYOR
MIAM1-DADE CTY. FL
Implementing Agency
Miami -Dade Police Department
Perez, Director
go/9
THIS CONTRACT IS NOT VALID UNTU. SIGNED AND DATED BY ALL PARTIES
Page 14 of 14