HomeMy WebLinkAboutExhibitAgreement for State Financial Assistance Between
Florida Department of Law Enforcement
and
City of Miami Police Department
AWARD AGREEMENT
Award Number: OS016
Project Title: Online Sting Operations Grant Program for Local Law Enforcement
Project Period: 07/01/2024 — 6/30/2025
Awarded Funds: $77,895.71
FLAIR Vendor ID: 59-6000375
CSFA Catalog Number: 71.148
This agreement is entered into by and between the Department of Law Enforcement (herein referred to as
"FDLE" or "Department") and City of Miami Police Department (herein referred to as "Recipient); and
WHEREAS, the Department has 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 recurring appropriation in The General
Appropriations Act, 2024 Legislature, Section 4, Specific Appropriation 1293A, Special Categories — Online
Sting Operation Grant Program, intended to be provided to the Recipient as reimbursement of eligible costs
resulting from allowable activities as defined in the 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 the use of these funds:
From the funds in Specific Appropriation 1293A, $77,895.71 in non -recurring funds from the General
Revenue Fund is provided to City of Miami Police Department to support online sting operations.
This award is subject to the special conditions outlined in Appendix A and all applicable standard
conditions in Appendix D.
Schedule of Appendices
Appendix A — Special Conditions
Appendix B — Project Deliverables
Appendix C — Approved Budget
Appendix D — Standard Conditions
Award #: OS016
Scope of Work
The Recipient shall use grant funding to support the creation of online sting operations to target individuals
who are soliciting children online. This grant provides reimbursement for approved online sting investigative
operations, which may include equipment, supplies, and other costs, but is limited to only software,
computers, electronics, and other related items.
Available funds will be distributed based on the operational needs of each agency's investigations as
approved by the FDLE Cyber Bureau's Special Agent in Charge.
Funds will be used to support the specific costs outlined in Appendix C.
Performance and Financial Reporting
The Recipient shall provide the Monthly Online Sting Operations Activity Reimbursement Report
(ARR) to the Department attesting to the progress made towards project deliverables (Appendix B) and to
the costs incurred during the reporting period. These reports are due no later than 30 days after the end of
each reporting period. For example: If the monthly reporting period is October 1-31, the report is due no
later than November 30th. Failure to submit reports by the deadline will delay reimbursement of funds.
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.
Performance Reporting: Tab 1 of the ARR must contain a detailed summary of the activities performed
during the reporting period, any barriers or difficulties encountered, planned activities for the next reporting
period, and an estimate of total expenditures for the next three months.
Additional supporting documentation for performance must be maintained by Recipient and made available
upon request for monitoring purposes. Examples of additional supporting documentation include but are
not limited to: timesheets, case notes, logs, purchase orders, trainings, etc.
Payment Requests: The remaining tabs of the ARR will serve as the Payment Request. Each category
that funds are being reimbursed under must contain: a description of the item/service, the quantity and unit
cost, the date costs were incurred, the method of payment (check, credit card, EFT, etc.), and the total
amount requested for reimbursement. All payment requests will be reviewed by the Department's grant
manager and may be audited to the satisfaction of the Department and/or the Florida Department of
Financial Services. If no expenses were incurred during the reporting period, only Tab 1 must be completed
and submitted by the monthly reporting deadline.
Additional supporting documentation for all funds expended and received under this agreement must be
maintained by the Recipient and made available upon request for monitoring purposes. Examples of
additional supporting documentation include but are not limited to: requisitions, purchase orders, quotes,
general ledgers, activity reports, contractual agreements, etc.
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Award #: 0S016
Payments
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature, availability of funds, and subject to any modification in accordance with
Chapter 216, Florida Statutes, or the Florida Constitution. The Department will administer and disburse
funds under this agreement in accordance with sections 215.97, 215.971, 215.981 and 215.985, F.S.
Expenditures of state financial assistance shall be compliant with laws, rules, and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures
published by the Florida Department of Financial Services. All expenditures shall be allowable, reasonable,
and necessary for the success of the award project. The Department's determination of acceptable
expenditures shall be conclusive.
Award funds will be distributed on a cost -reimbursement basis for satisfactory performance of eligible
activities. Payments will be processed in conjunction with receipt and review of supporting documentation
to determine successful completion of minimum performance deliverables and to verify cost elements as
specified in the approved budget (Appendix C). All Payment Requests must be certified by the Recipient's
Chief Financial Officer (or financial designee) and include a statement that costs claimed are incurred in
accordance with the agreement.
The final Payment Request shall be submitted to the Department no later than July 31, 2025. Any payment
due under the terms of this agreement may be withheld until all required reports are received, and
necessary adjustments have been approved by the Department. Final reconciliation and closeout of the
agreement must be completed by both parties within forty-five (45) days of the end of the grant period.
Failure to comply with these provisions shall result in forfeiture of reimbursement and/or a refund of any
advanced funding.
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Award #: OS016
Administration
Changes to the following points of contact and chief officials below must be submitted to FDLE Office of
Planning and Budgeting in writing.
Recipient Grant Manager
Name:
Lieutenant Gilbert Gomez
Address:
400 NW 2nd Avenue
Miami, Florida 33128
Phone:
305-924-0727
Email:
2369@miami-police.org
Recipient Chief Official
Name:
Jorge Blanco, Budget and Finance Manager
Address:
400 NW 2nd Avenue
Miami, Florida 33128
Phone:
305-603-6198
Email:
43473@miami-police.org
Recipient Chief Financial Officer
Name:
Larry Spring
Address:
444 SW 2nd Avenue
Miami, Florida 33130
Phone:
305-416-1025
Email:
Ispring@miamigov.com
Florida Department of Law Enforcement (FDLE) Grant Manager
Name:
Taylor Luttenton
Title:
Government Analyst II
Address:
P.O. Box 1489
Tallahassee, FL 32302-1489
Phone:
850-410-7007
Email:
taylorluttenton@fdle.state.fl.us
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Award #: OS016
Award 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 duly authorized officers on the date, month and year set out below.
Modifications to this page, including strikeovers, whiteout, etc. are not permitted.
Florida Department of Law Enforcement
Office of Planning and Budgeting
Signature:
Typed Name and Title: Jennifer Miller, Bureau Chief
Date:
Signature:
Recipient
City of Miami Police Department
Typed Name and Title: Manuel A. Morales, Chief of Police
Date:
Signature:
*** If using a designee, sign the Chief Official Designee section below***
Recipient Chief Official Designee (if applicable)
Typed Name and Title:
Date:
Signature:
Additional Recipient Signatures (if applicable)
Typed Name and Title:
Date:
Signature:
Typed Name and Title:
Date:
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Award #: OS016
Appendix A - Special Conditions
Award Number:
Recipient:
Project Title:
Project Period:
OS016
City of Miami Police Department
Online Sting Operations Grant Program for Local Law Enforcement
07/01/2024 — 6/30/2025
In addition to the attached standard conditions, the above -referenced grant project is subject to the special
conditions set forth below.
W0001 WITHHOLDING OF FUNDS: Prior to the drawdown of funds, Tab 1 — Reporting
Overview must be filled out in its entirety to include the Total Stats Related to this Grant
Funding section.
S0002 The Recipient must adhere to ICAC standards as it relates to online ICAC
investigations.
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Award #: OS016
Appendix B - Project Deliverables
Award Number:
Recipient:
Project Title:
Project Period:
OS016
City of Miami Police Department
Online Sting Operations Grant Program for Local Law Enforcement
07/01/2024 — 6/30/2025
Total payments for all deliverables will not exceed the maximum grant award amount.
Deliverable 1
Procure equipment and supplies necessary to support the Recipient's creation
of sting operations to target individuals who are soliciting children online.
Minimum Performance
Criteria:
Financial
Consequences:
Deliverable Price:
Delivery and receipt of the goods/services procured as attested on the claim
report.
This is a cost reimbursement deliverable. Only those items purchased and
received will be eligible for payment.
Total payments for this deliverable will be approximately $77,679.71.
Deliverable 2
Obtain software necessary to support the Recipient's creation of sting
operations to target individuals who are soliciting children online.
Minimum Performance
Criteria:
Financial
Consequences:
Deliverable Price:
Completion of or progress with at least one activity described in the Scope of
Work. Documentation includes an attestation of activities or services rendered
on the expenditure report.
This is a cost reimbursement deliverable. Only allowable activities completed as
attested through the submission of the payment request will be eligible for
payment.
Total payments for this deliverable will be approximately $216.00.
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Award #: OS016
Appendix C - Budget Details
Award Number: OS016
Recipient: City of Miami Police Department
Project Title: Online Sting Operations Grant Program for Local Law Enforcement
Project Period: 07/01/2024 — 6/30/2025
Budget Category Total
A. Equipment/Supplies $77,679.71
B. Software $216.00
TOTAL $77,895.71
Standard Budget Terms
All items, quantities, and/or prices below are estimates based on the information available at the time of
application or amendment.
All items purchased with these funds must be allowable in accordance with the approved budget,
reasonably priced based on current market review, and necessary for the operations and success of the
program.
The item(s) below may include additional individually priced, operationally necessary accessories,
components, and/or peripherals and may be categorized as a "kit", "bundle", "system", etc.
Award funds may be used to pay for applicable shipping, freight, and/or installation costs.
The Department's determination of acceptable expenditures requested for reimbursement shall be
conclusive.
Equipment, Supplies, and Software
Funds may be used to reimburse supplies, equipment, and software directly related to online sting
operations as described in the Scope of Work.
In order to receive reimbursement for equipment, supplies, and software, the Recipient must provide
supporting backup documentation, including but not limited to: quotes, procurement documents, purchase
orders, original receipts, invoices, canceled checks or EFT records, bank statements, etc. The State Chief
Financial Officer (CFO) reserves the right to require further documentation on an as needed basis.
A. Equipment/Supplies
• (1) RF-shielded USB cell phone/tablet locker at approximately $11,943.72
• (1) RF-shielded USBc cell phone/tablet locker at approximately $12,093.69
• (2) Laptops at approximately $3,293.99 each = $6,587.98
• (2) External hard drives at approximately $664.18 each = $1,328.37
• (1) Security Camera System at approximately $841.32
• (1) Portable Desk Fan at approximately $224.64
• (1) 8-Port gigabit ethernet unmanaged switch at approximately $129.54
• (4) 34" curved monitors at approximately $269.46 each = $1,077.84
• (1) 49" curved monitor at approximately $862.92
• (2) 10,000 watt modified sine power inverters 12 VDC to 120 VAC at approximately
$1,132.92 each = $2,265.84
• (2) 34" monitors at approximately $268.92 each = $537.84
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Award #: OS016
• (2) Ultra high definition 8MP USB document camera at approximately $94 each = $188.63
• (1) Surge protector battery power backup at approximately $259.17
• (1) Special operations entry ram at approximately $646.92
• Callyo yearly subscription for 5 users at approximately $4,920.00
• Callyo training at approximately $1,150.00
• (1) Breaching tools entry kit at approximately $1,511.97
• (1) Protective case with foam at approximately $669.57
• (1) Rifle rated ballistic shield at approximately $9,612.00
• Electrical installation retrofitting at approximately $5,400.00
• Portable internet/microhard router with Wi-Fi equipment at approximately $2,592.00
• (1) Portable fan with upgraded 4.0 Ah lithium -ion battery and charger Kit at approximately
$302.23
• Refurbishing of outside of surveillance van to include LED inserts at approximately
$8,860.00
• Refurbishing of inside of surveillance van to include partition and contour shelving at
approximately $3,187.62
B. Software
• App-purchasing software (Face App) and monthly subscription cost at approximately
$216.00. Term dates must be within the grant period.
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Award #: OS016
Appendix D - Fiscal Year 2024-2025 State Financial Assistance Standard Conditions
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.
SECTION I: PROJECT IMPLEMENTATION
Legal Authority: 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.
Not Operational within 60 and 90 Days: 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 timeline that includes all anticipated project activities, tasks, and
estimated completion date(s).
SECTION II: PAYMENTS
Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an
appropriation by the Legislature.
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 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 must 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.
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Award #: OS016
SECTION III: PROJECT AND GRANT MANAGEMENT
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 on 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 procedures for procurement transactions.
Travel: Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement
for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines,
§112.061, F.S.
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 all 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, the Recipient must provide a
completed DFS-A2-NS (Recipient-Subrecipient vs. Vendor Determination) form and a copy of the executed
subcontract within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the
subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and
(ii) the subcontractor shall hold 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.
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.
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Award #: OS016
SECTION IV: MANDATORY DISCLOSURES
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 shall 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, subrecipient, 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 Planning and Budgeting 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.
Non -Disclosure Agreements: 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 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.
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Award #: OS016
SECTION V: COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS
In performing its obligations under this agreement, 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 Recipient's performance under this agreement.
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 State
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.
State of Florida E.O. 20-44: Public -Private Partnerships: Any entity named in statute with which the
agency must form a sole -source, public -private agreement; and any nongovernmental Recipient receiving
50% or more of their annual budget from any combination of state or federal funding must submit an annual
report to the Office of Planning and Budgeting. The report must include the most recent IRS Form 990,
detailing the total compensation for the entities' executive leadership teams. Total compensation shall
include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred
compensation, real -property gifts, and any other payout. In addition, the Recipient must agree through
appropriate contract or grant agreement amendment to inform the agency of any changes in total executive
compensation between the annual reports. All compensation reports must indicate what percent of
compensation comes directly from the State or Federal allocations to the Recipient.
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 this 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.
E-Verify: The Department shall consider the employment by any contractor of unauthorized aliens a
violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any
subcontractors are required to register with and use the E-Verify system operated by the U.S. Department
of Homeland Security beginning on January 1, 2021. The Contracting Party and any subcontractors are
prohibited from entering into contracts with one another unless all parties register and use the E-Verify
system. Subcontractors who enter into contracts with the Contracting Party are required to provide a
certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a
copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are
required to terminate a contract if a party has a good faith belief that another party is in violation of F.S.
448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief
that the subcontractor has violated these requirements, but that the Contracting Party has otherwise
complied, the public employer must notify the Contracting Party to terminate its contract with the
subcontractor. A party may challenge a contract termination in accordance with these requirements. A
penalized Contractor is prohibited from obtaining another contract with a public employer for at least one
year.
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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.
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 an immediate breach of contract, for which
the Department may unilaterally terminate 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.
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 partial 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.
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
Recipient's 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.
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.
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SECTION VI: RECORDS, AUDITS, AND INFORMATION 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 shall be retained for a minimum period of five years after the audit report is issued or until resolution
of any audit findings or litigation based on the terms of this agreement, at 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 times for inspection, review, copying, or audit by State,
or other personnel duly authorized by the Department.
Records Inspection: Pursuant to Section 216.1366, F.S., in order to preserve the interest of the state in
the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial
records , papers, and documents of the Contractor that are directly related to the performance of the
Contract or the expenditure of state funds, and (b) Programmatic records, papers, and documents of the
Contractor which the Department determines are necessary to monitor the performance of the Contract or
to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers,
and documents requested by the Department within ten (10) business days after the request is made.
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 215.971, F.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.
Florida Single Audit Act (FSAA): 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, the Recipient must have a single audit or project -specific
audit in accordance with §215.97, F.S., §218.39, F.S., and the applicable rules of the Department of
Financial Services and 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
entities. 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, F.S., 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(8), F.S., state agencies may conduct or arrange for audits of state financial assistance
that are in addition to audits conducted in accordance with §215.97, F.S. In such an event, the state
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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 this agreement shall be submitted by or on behalf of the
Recipient directly to each of the following:
The Department of Law Enforcement:
Florida Department of Law Enforcement
Office of Planning and Budgeting
ATTN: State Financial Assistance
Post Office Box 1489 Tallahassee, Florida 32302-1489
The Auditor General's Office at:
Auditor General's Office, Room 401
Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Criminal Justice Information Data Security: Acceptance of this award, 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.
Recipient's Confidential and Exempt Information: By executing this agreement, the Recipient
acknowledges that any information not marked 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.
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Award #: OS016
SECTION VII: PENALTIES, TERMINATION, DISPUTE RESOLUTION, AND LIABILITY
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
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 Department's 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 lie 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 in Fla. Admin. Code R.28-106.104. 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 concerning this agreement.
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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 State of Florida to be sued by third parties in any matter arising out of any contract. Nothing
shall be construed affect in any way the Recipient rights, privileges, and immunities under the doctrine of
"sovereign immunity" and as set forth in 768.28, F.S.
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Florida Department of Law Enforcement
Online Sting Operations Grant Program for Local Law Enforcement
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Arthur Noriega V, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
George K. Wysong, III, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management