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HomeMy WebLinkAbout94-21312 RESO Incomplete RESOLUTION NO. 94- 21312 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, flORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF STATE, DEPARTMENT OF DIPLOMATIC SECURITY, AND THE CITY OF MIAMI BEACH, FOR THE PROVISION OF EXTRAORDINARY PROTECTIVE SECURITY SERVICES FOR VISITING FOREIGN GOVERNMENT OFFICIALS TO THE CITY. WHEREAS, in the past the City of Miami Beach has been host to numerous visiting foreign government officials; and WHEREAS, pursuant to visitation from such foreign dignitaries, extraordinary protection may be required and the Miami Beach Police Department must be used as a back-up to the primary protection provided by the United States Department of State, Bureau of Diplomatic Security; and WHEREAS, the attached Cooperative Agreement between the United States Department of State, Bureau of Diplomatic Security, and the City, outlines the standard terms and conditions pursuant to the Federal Grant and Cooperative Agreement Act of 1977 (P.L. 95- 224), and defines the operation responsibilities of the Miami Beach Police Department and the Bureau of Diplomatic Security with respect to the provision of these services; and WHEREAS, the special protective services requested of the City of Miami Beach Police Department on such occasions are reimbursable. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, flORIDA that the Mayor and City Commission herein approve the attached Cooperative Agreement Between the United States Department of State, Bureau of Diplomatic Security, and the City of Miami Beach for the provision of extraordinary protective security services for visiting foreign government officials to the City. PASSEDand ADOPTED this 22nd day of September ,1994. ~ ATTEST: IcJ,~ ~' \R-~ CITY CLERK RA:cnm\a:\wpwin60\wpdocs\reso\coop-agt res CITY OF r'v'll A M I BEACH = CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 -=- ..: TO: \ \A,~,..l".. }, 11~"~,o.L~. ~~lbt~21,lJ~1 ORANDUM NO. I\)\ \-Ij! \!~)~\r-'} .V'.' "Y \' y~~ if Y Q(I \~.l Ma~or Seymour Gelb rand. . v:' Members of the City CommlsslOn Roger M. Carlt 11 ..n I .., CityManager ~ ~ 79-tJ.!:L DATE: September 22, 1994 FROM: SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE UNITED STATES DEPARTMENT OF STATE FOR REIMBURSEMENT FOR EXTRAORDINARY PROTECTIVE SECURITY SERVICES FOR VISITING FOREIGN GOVERNMENT OFFICIALS ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and the City commission authorize the execution of the Cooperative Agreement Between the united states Department of state and the City of Miami Beach for extraordinary protective services for visiting foreign government officials. BACKGROUND As part of its Diplomatic Protection Program of visiting foreign officials, the United states Department of state enters into cooperative agreements with local governments to help defray the costs of protective efforts for extraordinary security provided for foreign government officials. The Agreement provides for partial reimbursements only. The Cooperative Agreement will permit the city to recover partial reimbursements when the police department is called upon to provide protective services to government officials of foreign nations who visit our city. Since the police department must provide this protection anyway, the city will benefit from this Cooperative Agreement. CONCLUSION This Cooperative Agreement will benefit the city for years to come by helping to defray some of the costs associated with the protection of visiting foreign officials. RMCjMMSjlml 11 AGENDA ITEM ~ DATE -.Sl-:rJ -q ~ 1. U,S. DEPARTMENT OF STATE o GRANT Kl COOPERATIVE AGREEMENT 2. AWARD NUMBER FEDERAL ASSISTANCE AWARD 3. PROJECT TITLEIDESCRIPTlON 1073-407423 4. U,S. SHARE OF COST Cooperative A~reement with the City of Miami Beach for Extraordinary Protective Services $ 5. RECIPIENTS SHARE OF COST $ 6. TOTAL COST $ 7. ACCOUNTING AND APPROPRIATION DATA 1073-407423 B. ISSUED BY Director, Diplomatic Security Service 9. AWARD PERIOD From: Date full executed Through: until terminated \10. NAME AND ADDRESS OF GRANTEE/RECIPIENT City of Miami Beach 1700 Convention Center Drive Miami Beach, FL, 33139 11. GRANTEE/RECIPIENT'S FEDERAL TAX I.D./ 12. SEND REQUESTS FOR REIMBURSEMENT TO: 13. STATUTORY AlJTHORIlY FOR ESTASUSHMENT CODE (CFMS) ASSISTANCE DS/PL Mr. Ted Ford (pg. 6) 22 U,S.C, Other: 22 CFR 2a Foreign Missions Act o , aa 114. SPECIAL AWARD CONDITIONS This award incorporates the attached Budget (Attachment General Provisions (Attachment ). and the following documents: ). Cooperative Agreement Certifications, .Financial Form SF269a, Draft Taskin Order 15. AGREEMENT The grantee/recipient agrees to execute the work in accordance with the following--the approved application to the e~ent encompassed by this award; the attached documents; and the applicable rules checked below and any subsequent revisions. o OMS Circular A-2100MB Circular A-122 all OMS Orcular A-87 0 OMS Circular A-128 o OMS Circular A-102 0 OMS Circular A-133 o OMS Circular A-110 rn 22 CFR 135. 137 & 138 1 16A. TITLE Mayor 16S.DATE Off icer 178. DATE 8/24/94 116. GRANTEE/'3ECIPIENT NAME AND SIGNATURE City Clerk FORM 05-1909 7-93 By copies of this document to the grants officer at the following address: 13 Donna R. Taylor DS/ ASD/CAP P.O. Box 3590, Washington, D.C. 20007 is not required to sign and return one COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT OF STATE AND CITY OF MIAMI BEACH The Department of state, Bureau of Diplomatic Security (hereinafter referred to as the "Bureau"), and the City of Miami Beach hereby enter into a Cooperative Agreement. The City of Miami Beach shall assist the Bureau in accordance with the terms and conditions set forth herein: I. BASIC AGREEMENT A. Purpose of the Cooperative Agreement The services performed by the City of Miami Beach under this agreement shall be to provide extraordinary protective services for foreign missions and foreign government officials located within its jurisdiction. Upon specific request by a designated official of the Bureau, the City of Miami Beach shall provide (if sufficient resources are available) security services for visiting foreign government officials in the form of fixed post coverage, roving patrols at places of temporary domicile, and motorcade support. B. Period of Agreement This Cooperative Agreement becomes effective when dated and signed by authorized officials of the City of Miami Beach and the Bureau. All services required will be requested in a Tasking Order issued by the Grant Officer's Representative(GOR) of the Program Office. Each Tasking Order shall be in effect 14 AGE.NDA 1,[;;f..1 C.-L.j-B-I DATE q-;A"d-qL{ -2- for a period not to exceed ninety (90) days. At the end of ninety (90) days the Tasking Order may be renewed upon review and approval of the GOR. c. Funding The Bureau shall reimburse the city of Miami Beach at the agreed upon schedule of wages/rates attached as an exhibit to this Agreement. The schedule of rates/wages shall include personnel rates, equipment rates, supply rates and any other charges related to extraordinary protection as approved by the Grants Officer. The city of Miami Beach's negotiated, published rates and changes, resulting from renegotiation or projected escalation, shall be acceptable without modification to this Agreement. All resources to be utilized will be described in a written Tasking Order format. The skills, labor-hours and estimated costs shall be agreed to by both parties prior to undertaking any task assignment or obligating funds therefore. All expenditures made with funds provided under this agreement shall be for costs incurred during the validity period of the Tasking Order. These funds shall be paid and accounted for as provided in Sections III and IV below. II. OPERATIONAL RESPONSIBILITIES A. City of Miami Beach In carrying out the purpose of this agreement, the City of Miami Beach, under the general direction of the Bureau, shall assist the Bureau by providing extraordinary protective services, personnel, and/or equipment and/or supplies for foreign missions, consulates, and/or foreign officials. "Extraordinary protective service" means protective services provided or authorized in cases determined under the guidelines of 22 CFR 2a to constitute an extraordinary protective need. B. Bureau of Diplomatic Security The Bureau intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of this agreement. The Bureau: 1. will define the requirement for extraordinary protective need. "Extraordinary protective need" means the existence 15 -3- of.a threat of violence, or other circumstance, as determined by the Bureau, which requires extraordinary security measures which significantly exceed those which law enforcement authorities can reasonably be expected to take. 2. Through its designated representative in the Bureau's Miami Field Office, and as approved by the GOR, shall issue Tasking Orders and maintain constant liaison with the city of Miami Beach during the need for extraordinary protective services. 3. Will approve and activate these protective services, and in coordination with the city of Miami Beach, determine the level of protection to be provided and specific requirements for personnel, equipment, and/or supplies. 4. Monitor the threat and the support activities within the scope of the above objectives and redirect the objectives as necessary. 5. Adjust these support services based on the threat level and/or other extenuating circumstances, and may terminate the agreement only as provided herein. The Bureau may take action for noncompliance or terminate the agreement for convenience as provided in 22 CFR 135.43-33. III. EXPENDITURES AND PAYMENTS A. Expenditures 1. The funds obligated under this agreement shall be used for the purposes described in paragraphs I and II (A) above. Charges shall be in accordance with the schedule of wages and equipment fees attached, as an exhibit, to this Cooperative Agreement. 2. In applying and accounting for funds made available pursuant to this agreement, including establishing allowable costs, the City of Miami Beach shall adhere to the applicable provisions of OMB Circular A-a?, "Cost Principles for State and Local Governments." 3. No adjustment to the agreed to rates shall be made without the prior approval of the Bureau Grants Officer. There shall be no reimbursement for expenses incurred before or after the period of agreement as described in paragraph I(B). 16 -4- 4. The Grants Officer and GOR must be notified at least thirty (30) days in advance of any changes to the established hourly wage schedule for city of Miami Beach law enforcement personnel. B. Payment of Funds Reimbursement for approved expenses shall be made by U.S. Treasury check. The City of Miami Beach shall furnish the Bureau with a mailing address and federal tax 1.0. number for the receipt of payment as specified in this Agreement. Upon completion of the requested services or each calendar quarter, but no more than thirty (3D) days after the Tasking Order, invoices should be submitted to the GOR, through the Miami Field Office Representative. The GOR will certify receipt of services and forward the invoices through appropriate channels for payment. IV. REPORTING REQUIREMENTS A. General All reports required herein shall be submitted in original and one copy as follows: original to the Grants Officer; one copy to the GOR. B. Financial Reports Reports reflecting expenditures of the City of Miami Beach shall be completed in accordance with the form "Financial Status Report" SF-269 as identified in the Code of Federal Regulations, Title 22, Part 135. The form shall be prepared and submitted on a quarterly basis. C. Final Performance Report A final report shall be submitted within 30 days after the protective services are terminated under the Tasking Order. This report should summarize the protective service activities, and site areas of security concerns or recommendations for improvements in future operations. D. Financial Records: Inspection The City of Miami Beach shall maintain financial records which are supported by documentation in accordance with the provisions of 22 CFR 135.20. Such records shall be subject to audit by the Bureau, or as directed by the Bureau. All 17 -5- financial records required to be kept under this agreement shall be maintained for inspection for at least three years after the date of submission of the final financial statement of expenditures. V. NONDISCRIMINATION IN FEDERALLY FUNDED PROGRAMS The City of Miami Beach's performance under this agreement shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d). VI. STANDARD CERTIFICATIONS The following certifications are incorporated herein as part of this Agreement: . Certification Regarding Drug-Free Workplace Requirements . Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibilitiy Matters . Certification Regarding Lobbying VII. AMENDMENTS This Cooperative Agreement may be modified at any time by a written amendment. Amendments which reflect the rights and Obligations of either party shall be executed by the Grants Officer and the City of Miami Beach Administrative amendments may be issued unilaterally by the Grants Officer. In the event the City of Miami Beach effects any change to this agreement at the direction of any person other than the Grants Officer, the changes will be considered to have been made without authority and no payments will be made to cover any increase in cost resulting from work or services performed. VIII. MISCELLANEOUS A. Entire Agreement This agreement constitutes the entire agreement of the parties hereto concerning this funding arrangement. It replaces and renders void any other agreement or understanding, whether written or oral, existing between the parties concerning any matter addressed herein. 18 -6- This agreement will be administered under the provisions of 22 CFR 135: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. This provision is the controlling reference for the agreement of the parties hereto. This agreement shall commence upon execution by both the Bureau and the City of Miami Beach, and shall remain in effect unless amended by mutual consent or terminated. Notification of the intention of either party to terminate the agreement will be by written notice to the other party at least 120 days in advance oE the proposed date of termination. B. Resolution of Disputes In the event of a dispute arising under or pertaining to any provision of the agreement or the performance thereof, the City of Miami Beach shall submit a claim in writing to the Grants Officer. The Grants Officer shall issue a written decision on the claim within 30 days of receipt, unless the time for such decision is extended by mutual agreement of the parties. If the City of Miami Beach is dissatisfied with the Grants Officer's resolution of the claim, or any part thereof, the Grants Officer's decision may be appealed to the Assistant Secretary for Diplomatic Security, within 30 days of receipt. The Assistant Secretary for Diplomatic Security, after obtaining written or oral statements and documentary or other evidence for the City of Miami Beach and Grants Officer as deemed appropriate, will resolve the matter with a written determination that will constitute the final administrative action on the claim. The final administrative action by the Assistant Secretary for Diplomatic Security is not intended to restrict the City of Miami Beach from pursuing further adjudication through the appropriate appeals process. C. Department of State Contacts 1. For communications with the Bureau on overall policy guidance and program direction, program concerns, daily issues, and matters requiring the approval of the GOR as specified in this agreement: Mr. Theodore Ford (GOR) 3507 International Drive Room 317 Washington, D.C. 20008 (202) 895-3607 19 -7- 2. Fo~ Tasking Order specifics and guidance on all Bureau requests for extraordinary protective services: Miami Field Office Room 404, Federal Building 51 SW First Avenue Miami, FL 33130 (305) 536-5781 3. For communications with the Bureau on all financial and other matters, subject to Paragraphs III - VIII above: Ms. Donna R. Taylor Grants Officer DS/ASD/CAP P.O. Box 3590 Washington, D.C. 20007-0090 (202) 663-0011 20 CERTIFICATIONS FOR SIGNATURE 21 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The cer~ification set out below is a material representation of fact upon which reliance will be placed when the agency determines to enter into this cooperative agreement. If it is later determined that the recipient knowingly rendered an erroneous certification, in addition to the remedies available to the Federal Government, the agency may terminate this transaction for cause of default. The recipient certifies to the best of its knowledge and belief, that it and its principles: 1. (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the recipient is unable to certify to any of the statements in this certification, such recipient shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature FORM APPR 0 Da te LEGAL ~~ ::Ie '7/~~A7~ 24 CERTIFICATION REGARDING LOBBYING (AGREEMENTS OVER $100,000) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre- requisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less taan $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with ~ Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. Name and Title of Authorized Individual Signature FORM APPROVED LE Date By ~ 25 Date