HomeMy WebLinkAboutO-12371J-03-507
06/04/03
ORDINANCE N0.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), ESTABLISHING
A SPECIAL REVENUE FUND ENTITLED "SOUTH
FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA
("HIDTA") CRIME AND DRUG DEMAND REDUCTION
PROGRAM VII" AND APPROPRIATING RESOURCES AND
FUNDS CONSISTING OF A GRANT, IN THE AMOUNT OF
$45,000, FROM THE SOUTH FLORIDA HIDTA THROUGH
THE MONROE COUNTY SHERIFFS OFFICE;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT, AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED
FORMS AND IN A FORM ACCEPTABLE BY THE CITY
ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE
EXPENDITURE OF MONIES FROM THE FUND FOR
OPERATION OF THE PROGRAM,; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami's ("City") Department of Police
will implement strategies to reduce drug trafficking and related
crimes in the specific geographic area of Wynwood; and
WHEREAS, the High Intensity Drug Trafficking Area Crime and
Drug Demand Reduction Program through the Monroe County Sheriffs
Office has approved an award in the amount of $45,000, to be used
to reduce or eliminate factors leading to drug abuse, to nurture
and develop indigenous leadership to assist residents in
attaining self sufficiency in "at -risk" communities; and
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WHEREAS, no matching funds are required from the City as a
condition of said grant; and
WHEREAS, any purchases would have to comply with applicable
City Code purchasing requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The following Special Revenue Fund entitled
"South Florida High Intensity Drug Trafficking Area Crime and
Drug Demand Reduction Program VII" is established and funds and
resources are appropriated as follows:
FUND TITLE: South Florida High Intensity Drug
Trafficking Area (HIDTA) Crime and
Drug Demand Reduction Program VII
RESOURCES: Monroe County Sheriff's Office $45,000
APPROPRIATION: $45,000
Section 3. The City Manager is authorized" to accept the
grant and to execute the necessary documents, in substantially
the attached forms and in a form acceptable to the City Attorney,
for said purpose.
�i The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including
but not limited to those prescribed by applicable City Charter and
Code provisions.
Page 2 of 4
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Section 4. The Department of Police is authorized to
expend monies from this Fund for the operation of the Program.
Section 5. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance is declared to be an emergency
measure on the grounds of urgent public need for the preservation
of peace, health, safety, and property of the City of Miami, and
upon the further grounds of the necessity of the City of Miami to
make the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and supplies, and to generally carry on the functions
and duties of municipal affairs.
Section 8. The requirements of reading this Ordinance on
two separate days is dispensed with by an affirmative vote of not
less than four-fifths of the members of the City Commission.
Page 3 of 4
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Section 9. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.��'
PASSED AND ADOPTED BY TITLE ONLY this 12th day of
June 2003.
4V49W za-M
ANUEL A. DIAZ,
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO
P/VILARELLO
ORNEY
O:tr:AS:BSS
ORRECTNESS.8/-
This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, whichever is
later.
Page 4 of 4
1-3'71
April '1"', 2403
yf97 7 : �E'41 Lr�lNI=) 1 K:: i 1LCv FH'_7t 02
SOUTH FLORIDA
Mga OTEN T.,,rY DRUG , AFF'IC Mrz AREA
8245 NX 53 Sheol, Suite 1.03 - Wood, Fludda 33166 - (305) 397-1921 • Fax. (305) 397-2063
Chief John F. Titnoney
City of Miami Police Department
400 N.W. 2"" A,veme
Miami, Fkx ids 33128
Dear Chief Timoney:
We are pleased to inform you that an awgrd for your Police Department bas beat approved in the
amount of $45,000. This awnard is front the South'Florida Higb Intensity Drug Trafficking Anes
OWTA) Crime and Drug Demand Reduction Program to support your efforts at the site in the
City of Mufti that you proposed be the focus of a special initiative. I may mention that the
results of the overall program's effort centime to be very productive, with an overall reduction
on Part One Crime of 9%
The Gime and Drug Demand Reduction Program is an effort to eliminate or significantly reduce
drug trafficking and related dime; to reduce or eliminate factors leading to drug abuse; and to
nature and develop indigenous koership to assists midents in attaining self sufficiency in five
"at ri•,l- communities spaauing South Florida's tri -county area.
The strategy is to continue the attack on crime through intensive went rmiting in arrests
and convictions in fO&W and state courts and the seiwre of contraband and ascots of drug
traffickers, drug dealers, career criminals and vicleat crone offenders active in the selected
communities. Specific attendon will also be: placed on truancy reduction. will be
reduced to a mainte once level over time while residents and leaders aro empowered to sustain
tho reduced crime level, recovery and growth of the community. This will be acoomplisbed
through leadembip skill development for adult and youth members, the creation or enhancement
of community-based coalitions, employment prcparatkct job placement, grantsmanship trraining,
and youth tutoring and mentoring.
Your community's IDTA award is iu two pmts, Part One is the Law Enforremem Overtime
initiative, in which police officars work with community leaders and representatives to develop
an enforcenwat plan to mmove from the community drug traiiickas and dealers as well.as
violent drug involved offenders and career criminals. A total of 533,000 is provided for this Part
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05/01/2W3 0,3:3a 30559%2]41 ALMINISTRATID
PAGE 03
CbW Job& F. Tiaamy A01 7, 2003 .
City of Muni Polios !)Vwba mt Page 2 of 3
One Initiative. These .fonds are to be used for overtime hours dedicated solely to the target site
for the twelve-maath period of February 10, 2003 ending on Juwary 31'x, .2004_ No employee
fringe benefits will be paid by HDTA. Your city will be responsible for fringe benefits. We
will cormnue to use the same tactical and operational approach to guide us for this effort,
Keeping in mind that we are united with out communities in an Wort to eradicate crime and
drugs.
Part Two is the continuing Community Policing Crime Reduction Initiative. The goal of this
component is to continue the elimination or significant reduction of drug trafficking and related
crime through the empowerment of the targeted communities' adults and youth members. It has
been proven nationwide that community policing his caused a tremendous positive interaction
between law enforcement and the cornmunity, and as a result, major crime battles have
successfully been fought. The award for this part of the program is $12,000 ft the twelve-
month period of Febnwy 1, 2003 tlum* January 31t 2004. These fiwds are to contribute
towards your police department's expenses in the following areas:
Community Policing Offioei(s) $12,000
(Regula salary — No overtime -- No Singe benefits)
The above funding of $12,000 can not be used as overtime. This can only pay for tha OfScces
regular salary without fringe benefits_ Only the funding of $33,000 can be applied to Officer's
overtime but, with no fringe benefits.
Your organization will be reimbursed on a monthly basis, after a' cmplete report of the previous
month's expenses is submitted to the Crime and Drug Demand Reduction Program Manager,
Captain Joe R Mendez, at the above address.
By accepting this award, your organization agrees to allocate the funds as outlined above, and to
assist the C.D.DRP, to any sc&ity organized by HDTA such as youth camps, summer jobs,
worksbWs, anti-drug & and -crime presentations, and mentoring and tutoring of the youth. A
Full-time county/city employee moat supervise any person hired by your county/city that is paid
from these awarded funds. Should this joint vauture with South Florida NOTA identify meas
where funding allocations could be modified to :Hare effectively accomplish the program's
goals, this may be negotiated on a case-by-case basis. If you accept, please indicate by signing
on the line below and return to Captain Mendez. A monthly statisdeal report detailing the
activities etmmmated in this document should be forwarded to Capt. Joe R. Nftndez, no later
than the So day of evmy month.
If you have any questions pertaining to the award, please feet free to contact Captain toe R.
Mendez, Program Mashager, C.D.D.R.P., at (305) 597-1921 or Ms. Genii Cockshutt, Fiscal
Officer, South Florida ROTA, at (9S4) 430-4903.
The overalt NMTA program is results oriented, therefore the Crime and Drug Deznand
Reduction Program's staff and I took forward to forging an alliance with you, your staff and the
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0-5/01/20P�3 39:3@ 3055972041 ADMINISTRATICK PAGE 04
ChPaae ef iehu F. Tkmwy Aprge 3 off 3
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city of M- anti Police D� 3
people and programs of your community. Together we -can make a real and lift-dm*ng impact
on people in your u gctod site . who are challenged by drugs, crime, economic, social, and
environmental conditions that must be ovemoma.
sit,�cmely,
l
Tirnothy D. Wagn
Director, South Florida HIDTA
Accepted:
Date:
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!It- Gi/'''W T':.'0 Albtl' PAGE 05
South Florida HEDTA
Reimbursable Agreement
i ]Reimbursement Recipient: City of !Miami Police Depamnen►
I 400 N'%' 2"d Ava:Le
Miami FL 33128
Attn: ChiefJohn Timaaec•
Reimbursixts Entibn
South Florida HIDTA via 0N'DCP Award 1
ONDCP Award Ree iaat: - Monroe County Shenk --
ON I)CP Award Number: 12PM1P390 and I3PMIP586 _
HIDTA Initixdve: _ CDDRP
eImbursoment Amount: $45,000
Period Duration: 2/l/03 to 1,131/04
Thb agreement is subject to the following c3aditions and�revIsioas:
A. Conditions –
Renwbune=nt is basad on the detailed lrWget attached to ddq, fIXewnent. n. is is the
ONDCP-apixoved ba4et for the initiative and any drviataon must comply with the
uirMcnts as set forth in the OiWa Cuidcbnw and Wow.__ _
B. Cmneral Provisions.
1. Rtimbme-went is subject to:
a. the Uniform Adw�niftxative Requirrrr:�ents fcr Cn>;ehts and Ccaperative i rce7x yrs to
f State and Lo, -Ad Governments, also �ro%m- as the "Common Rl.!e %
I b. the Certifications Regardi:1g Lobbying, Debanirr.t; S❑sperwan and Ocher Rrapor sib lity
Mares; Drug -Fre W mitpIace RecrWrements; FtdaW Debt Status, and
` Nondisc itntw9on Statutes And bipletnrmng Regulations. i
c. the audit requirements of ONIB Circular A-133,
d. the cost principlee wswained in OMB Circular A47, and
e, the adrninist ti --e guideHnes contained in ONCDP'. Fwa*►cial and lidrtliru7lrat:�e
Guidelines. -- — ---_ _-- - -- _
P2�ayruErt Basis
Capies of invoices, caneeliH checks or recipicA's check register, pay -.L-11 Jird Singe benefit
reeAters Mus! accompany rcimbuise ant request!, Reinbwser�xnt is authorized to be paid
jj on a monthty basis.
s arTrier.:s ll be made by ohc:-k by the t^NDCP direct grant recipient M-wroe Count,
1 SheriTs Office. -- _ — -- ---
flaw 1 of- 42371
Ub/ VJl; Z1JkJ.3 tJy: J jIJtt59- 2'U41 ;-Wr11^11,6THA 7-1or� PAGE 06
Special COILAtions
The following special conditions are incorporated into each ON"E CP BTDTA.Award. They arse
dxnfm incorporated into each IMTA Reimbursable Agreement sothat the reurbussing agency
(the direct recipient of the ONI DC P award) may br assumed these special conditions havt been met
by the requesting agency (the Reimbursable Reeipmt, or RR).
1. in order to provide for compatibility, integration, coordination, and cost of ectOrmss in the
use-, procures mt, and operation of ADP systems, equipment, and softwa*, RRs arc
encouraged and authorized to enter into joint purchase or service agreements on a
reimbursable or noweimbussable basis with other HMTA award recipients.
2 No federal f mds shall be used to supplant state or local funds fiat would otber. wise be made.
available for project purposes.
3. The operating principles found in 28 CFR Part 23, which pertain to infromation collection
and management or criminal intelligence systems, shall apply to any such systema supported
by dries Reimbursable .Agreement.
4. Prior to expenditure of confidential funds. the RR shall sign a certification indicating &,at he
or she has read, understands, and agrees to abide by all of the conditions pertaining tea
confidential fund expenditures as sct forth ir. Attachment B to the ONDCP Financial and
Adminisirabve Guide for Cooperative Agreements. This certfleation should be submitted to
the South Flonda HMTA fiscal office.
5. The RR agrees to account fir and use program income, including but not limited to asset
forfeitures, in accordance with the "Common Rule" and the ONDCP Financial and
Administrative Guide for Cooperative Agreements. Wreover, the use of progrs►tn income
roust be consiseentwith the National Drug Control Strategy.
6. Where fumiture bas been approved in the budget, the RR wial make every effort to utilize
existing State and local surplus property prior to the purchase of any furniture, including
computer furniture or items of similar nature.
7. The RR may not use designated aircraft assigned to RDTA-approved task operations and
initiatives for the transport of VIP Executive(s) or similar eirownstahces not relating to the
goals and objectives of State and local taw enforcenwit programs.
The budget submitted with the proposal is approved. Funds up to 10% of the total mard
may be reprogrammed between budget categories without prior approval provided that the
reprogramming is within the same agency and the same initiative. This 10% is applied to a
singular re or the aggregate of reprograming per funding year.
Any reprograrmning of finds in excess of 108/6 of the award, or when aggregate
reprogramming will exceed 101,•, of award, requires the written approval of the South Florida
EMTA Director. ne reprograninring must be within the same agency and the same
initiative.
Reprogramming of funds between agencies or initiatives require the written approval of the
ONACP MIDTA Office, regardless of the dollu value of the reprog=miing.
In all cases the RR is respoAsible for requesting authorization to reprogram from the South
Florida HMTA Director acrd maintaining detailed records o. said reprogramming.
9. The RR agrees to comply with the organizational audit requirements of Olv1B Circular A-133,
"-Audits of State and Local Gotiermncnts." Upon request, an authorized copy of the
managcmern, letter must be submitted with a copy of the audit report, no later than thirteen
(13) months after the close cf the RR's audited fiscal year, to the South Florida IDTA, $245
NW 53 Street, Miami, Flo ida 33166.
10. The RR agrees to submit operation reports as defined in the current year Program Guidance,
Page 2 of 3 -19 271
'—' V.LI I V7. ac• ju-1-�I&W— — ...a-.1 M"IlU!V r04%7C
07
11. Equipmmnt acquired under the Smut program must be used by the RR in the program or
for which it was acquired as long as needed, whether
project or not the prgoct or prograto
continues m be mgMorfied by Federal funds. When no longer needed fm the original progrwrk
din equipment may be used in other activities supported by the Federal agency. The RR may
digxme of the orifi W equipment when no longer needed or aWorted by the grantor agtmcy.
Upon roqucat, inventory fiats rust be supplied to the 1HMTA Director to facilitate the sharing
of equipment within and betnreen the HIUTAs. Items to be inventonied include
C ommumeations, Computer & Related Equipment, Surveillant Equipment, Fboto, Vehicles,
Video, and Weapons.
12. The RR will be penardtted to designate; funds that would be matched or shared, however, these
mat_bed or snared funds will not constitute an obligation on behalf of the RR.
13. Budget item submissions for equipment and other contract items are accVted as best estimate'
only and are not dceared approved at that price. RRs are required to assure such items are not
currently available, are not duplitative or excessive, and should make market surveys and
obtain the beat prices available.
14. The RR acknowledges that faflure m submit an acceptable Equal Employment Opportuility
Pian (if RR is required to subtnit one pursuant to 28 CFR section 42.302) that is -approved by
the Office of Civil Rights, is a violation of its Certified Assurances and may result in the
suspension of nimbur=ent:
15. The RR agrees to complete and keep ort file, as appropriate, Immigration and Naturalization
Service Employment Eligibility Verification Foran (I-9). This form is to be used by recipients
of Federal funds to valfy that persons are el*blc to work in the United States.
_ ACCEPTANCE OF AGREEMENT
Reimbursement Recipient .
HIDTA
City of Miami Police Department
South Florida HIDTA
Name & Tads
Nance $ ?Ytk
Chief John Timo
Tinwthy D. W erj Pixector
Swxatrtre
Si�naiurs
r
Date
Dau
- N
qht
Page 3 of 3 -12371,
CITY OF MIAMI, FLORIDA 16
INTER -OFFICE MEMORANDUM
The Honorable Ma Members
TO: o e City Co ssion ` DATE: JUN - 3 2003 FILE:
SUBJECT Proposed Emergency Ordinance
///
South Florida High Intensity Drug
Trafficking Area (HIDTA) Crime
FROM: REFERENCES:
J e 'ola and Drug Demand Reduction
C 'e Administrator/City Manager ENCLOSURES: Program VII
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance
which establishes initial resources and initial appropriations for a Special Revenue Fund entitled:
"South Florida High Intensity Drug Trafficking Area (HIDTA) Crime and Drug Demand
Reduction Program VII," accepting a grant from the South Florida High Intensity Drug Trafficking
Area (HIDTA), in the amount of $45,000. No matching funds are required of the City of Miami.
BACKGROUND
The Police Department will utilize these funds, which is available through the Monroe County
Sheriffs Office, to support its efforts to eliminate or significantly reduce drug trafficking and
related crime, to reduce or eliminate factors leading to drug abuse, and to nurture and develop
indigenous leadership to assist residents in attaining self sufficiency in "at risk" communities.
The strategy is to continue the attack on crime through intensive enforcement resulting in arrests
and convictions in federal and state courts and the seizure of contraband and assets of drug
traffickers, drug dealers, career criminals and violent crime offenders active in the selected
communities. Specific attention will also be placed on truancy reduction. Enforcement will be
reduced to a maintenance level over time while residents and leaders are empowered to sustain the
reduced crime level, recovery and growth of the community. This will be accomplished through
leadership skill development for adult and youth members, the creation or enhancement of
community-based coalitions, employment preparation, job placement, grantsmanship training, and
youth tutoring and mentoring.
Due to the time parameters established (February 1, 2002 through January 31, 2003) for use of said
grant funds, it is necessary to adopt this Ordinance as an Emergency Ordinance, so the grant may
be utilized to its fullest potential.
JA/i4/JMG/ /lr
12371