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HomeMy WebLinkAboutO-12029J-01-187 3/7/01 ORDINANCE NO. 12029 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11332, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING,'" TO INCREASE THE APPROPRIATIONS, IN THE AMOUNT OF $41,584.38, CONSISTING OF A- GRANT FROM THE U.S. DEPARTMENT OF THE. TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO' EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City of Miami Police Department is continuing its efforts toward educating the youth of our community about the dangers of gang involvement; and WHEREAS, the Gang Resistance Education and Training Program is designed to educate junior high school students about the dangers of gang involvement; and WHEREAS, the U.S. Department of Treasury, Bureau of Alcohol, q Tobacco and Firearms (the "Bureau"), has approved an additional award in the amount of $41,584.38 for the continued operation of this successful program; and 12021 ® 0 WHEREAS, City matching funds are not required; and WHEREAS, any purchases shall comply with applicable City Code purchasing requirements; NOW, THEREFORE, BE IT ORDAINED 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. Ordinance No. 11332, as amended by Ordinance Nos. 11486, 11660, 11784, and 11957, is further amended in the following particulars:l/ "ORDINANCE NO. 11332 * * * "Section 2. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: GANG RESISTANCE EDUCATION AND TRAINING RESOURCES: UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS$780,709.38 APPROPRIATIONS: GANG RESISTANCE £DUCATI-^GN p AND TRAINING $7� ;9,1 $780, 709.38 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 4 1202 Section 3. The City Manager is authorized2' to accept the grant from the Bureau, and to execute the necessary documents, in a form acceptable to the City Attorney, to implement acceptance of the grant. Section 4. All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. 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 municipad affairs. Section 7. 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.. 2/ 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 3 of 4 • 0 Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.3/ PASSED AND ADOPTED BY TITLE ONLY this 8th March , 2001. In aU>t:,ordai'ce with hli i113 9�a if oa 7 sf t � 00—[h Peg inn game. Wlj����t ATTEST: WALTER J. FOEMAN CITY CLERK e; ALEJ VILARELLO CIT 'ATTORNEY /1021:LR:BSS:LN AND CORRECTNESS: day of JOE CAROLLO, MAYOR f yor did not indic1:te approval of 18 ron, tip + �i�� U i ;r'rL1iT' (de 3/ If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. Page 4 of 4 12029 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members TO: of the City Commission FROM:*Ma�nager z RECOMMENDATION • C! DATE: FEB 2 6 2..301 FILE: SUBJECT: Proposed Emergency Ordinance REFERENCES: Gang Resistance Education and Training (GREAT) Grant ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance amending Ordinance No. 11332, which established initial resources and initial appropriations for a Special Revenue Fund entitled: "Gang Resistance Education and Training," accepting an additional grant from the Bureau of Alcohol, Tobacco and Firearms, in the amount of $41,584.38 and appropriating said funds for the operation of same. There are no matching funds required of the City of Miami. BACKGROUND The Miami Police Department is continuing its efforts to educate the youth of our community in the dangers of gang involvement. The Gang Resistance Education and Training (G.R.E.A.T.) program provides this opportunity by targeting middle and junior high school students within the City of Miami. The program's curriculum helps Police Officers teach the students how to deal with peer pressure, gang resistance, conflict resolution and makes them aware of their responsibilities. This program reaches a minimum of 7,000 students per year. Due to the time. parameters established (January 16, 2001 through July 31, 2001) 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. CAG /JLM/lr 12029 J-00-740 8/28/00 t� ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11332, AS AMENDED, ADOPTED JANUARY 25, 1995, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING" TO INCREASE APPROPRIATIONS TO THE FUND IN THE AMOUNT OF $113,125, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City of Miami Police Department is continuing its efforts toward educating the youth of the community about the dangers of gang involvement; and WHEREAS, the Gang Resistance .Education and Training Program is designed to educate junior high school students about the dangers of gang involvement; and WHEREAS, the Bureau -of Alcohol, Tobacco and Firearms has approved an additionar award in the amount of $113,125 for the continued operation of this Program; and 1202 WHEREAS, any purchases will comply with applicable City Code purchasing requirements; NOW,,THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: Section 1. The recitals and findings contained in 'the Preamble. to this' Ordinance are hereby adopted by. reference thereto and incorporated herein, as if fully set forth in this Section. Sectioni2. Ordinance No. 11332, as amended, adopted September 12,.. 1996, is hereby amended in the following particulars.l� "ORDINANCE NO. 11332 "Section 2. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: Gang Resistance Education and Training RESOURCES: Bureau of Alcohol, Tobacco and Firearms $626-,•-808 $739.125 APPROPRIATIONS: $626,000 ,$739,125 t " Words and/or figures stricken through shall be deleted. underscored wordsand/or figures shall'be added. The remaining provisions are now in effect- and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 4 n • Section 3. The City Manager is hereby authorized:� to accept the grant from the Bureau of Alcohol, Tobacco and Firearms, and to execute the necessary documents, in a form acceptable to the City Attorney. Section 4. All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance is hereby 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. 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 3 of 4 Section 7. The requirements of reading this Ordinance on two separate days is hereby.dispensed with an affirmative vote of. not less that four, -fifths of the members of the Commission. ,Section 8. This Ordinance shall become effective immediately.upon its adoption and signature of the Mayor.}j PASSED AND ADOPTED BY' TITLE 'ONLY this __14th day of �_P t;P� 2000. JOE CAROLLO, MAYOR 1n ati=*mce with Miami Coda Sec. 2-3.6, since th3 Wyor dd,4 nct t:;d4`c�`s ni ,:i:3 i` ?a:!C;'! i3,! J. -Corn' -:3 Eecti%e t~ � a1 no^ 01c :1 +n� r*9aF ,&.chile, without tiie May c:nv:' , Ve ATTEST:- Wk;iOeSAin, City C'.erk WALTER J. FOEMAN CITY CLERK APPRO S 0 FORM CORRECTNESS: I LARELLO *` CI AT 31:LB:BSS ai If the Mayor does not sign this Ordinance, it shall•become effective at the end .of` ten calendar 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. 12029 Page 4 of -4- MAR.- 4-99 THIJ 16 61 P. 92 J-96-45 1/2/96 113 2 ORDINANCE NO. AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINixG,11 AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $100,000, CONSISTING OF A GRANT FROM THR BUREAU OF ALCOHOL, TOQACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM SAID GRAN'T'OR AND TO EXECUTE TETE NECESSARY DOCUMENT(S)01 IN A FORM ACCEPTABLE TO T148 CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND .A SEVERABILITY CLAUSE. WHEREAS, the Miami Police Department is continuing its efforts toward educating the youth of our community to the danger of gang involvement; and WHF."AS, the Gang Resistance Education and Training (RG.R.B.A.T.R) is designed to further this commitment by educating junior high school students about the danger of gang involvement; and WHEREAS, the Bureau of Alcohol, Tobacco and Firearms has approved an award of $100,000 toward the payment of salaries/overtime, training/travel, vehicle rentals, administrative coats and other related expenses, with no matching funds from the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THS CITY OF MIAMI, FLORIDA: - 120291 rlP0R - 4--99 T H U, 1 6 01' F, © 3 " Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted 'by reference' thereto and incorporated hererin, a8 if , fully set forth in ' this Section. Section.2. The following Special, Revenue Fund"is hereby. established and resources are hereby appropriated as described herein; FWM TITLIs Gang Resistance Education .` and Training. RBSOURCBSz. Bureau of Alcohol, Tobacco and Firearms $100,000 APPROPRrATiONS,v Salaries/overtime $ 49,24.0 Travel/Training. $ 13,720 Rental Vehicles $ 9,090 Other Related Expenses $ 161,950 Administrative Costs $ 11,000 Section 3.. The City Manager is 'hereby "authorizeda to accept said grant as set forth in the Preamble to this Ordinance and to execute the"necessary,document.(s), in"a'form acceptable'to the City Attorney,: for this purpose.: Section 4. All ordinances or -parts of ordinances insofar as they, are inconsistent or in conflict with the provisions "of this;. Ordinance are hereby repealed.. Section 5. if any section' part of section, paragraph, Clause, phrase or word of thin. Ordinance is'deelared invalid, the remaining provisions,of this Ordinance shall not be affected. The herein suthoriiation is further subject to compliance with all mquirements that may be imposed by the City Attorney, including but not, limited to those prescribed by applicable City Charter and Code provislons. . a MAP.- 4-'313 THU 16:02 _ P _ 04 Section 6. This Ordinance is hereby 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 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 7. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Section a. This Ordinance shall become effective Immediately upon its adoption. PASSED AND ADOPTED BY January , 1996. TITLE ONLY this 25th day of .3- OEM 12029 _ AT� Z4e40%WATER . :, _ •' BUDGETARY R9VIgW: S MANOHAR S. SUR&NA ASSISTANT CITY MANAGR 7 TITLE ONLY this 25th day of .3- OEM 12029 J-97-252 4/29/97 ORDINANCE NO. 11487 AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 11332, ADOPTED JANUARY 25, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINING", THEREBY INCREASING SAID APPROPRIATION IN THE AMOUNT OF $85,000, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, the City of Miami Police Department is continuing its efforts to educate the youth of our community to the dangers of gang involvement; and WHEREAS, the Gang Resistance Education and Training Program will target junior high school students within the City of Miami; and WHEREAS, the Bureau of Alcohol, Tobacco and Firearms has approved an additional grant award, in the amount of $85,000, for the continued operation of this successful program; and WHEREAS, there are no matching funds required from the City of Miami; and WHEREAS, any purchases would have to comply with applicable City Code purchasing requirements; 1202 NOW, THEREFORE, BE,.IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section,/.. The recitals and findings contained in -the Preamble to this Ordinance are hereby adopted by, reference thereto and incorporated herein as if fully set forth in this. Section. Section 2..' Section 2 of Ordinance No.,, 11332, adopted January 25, 1996, is hereby amended in the following particulars:!/ " Section 2. The following Special' Revenue Fund is hereby established and resources are -hereby appropriated as described herein: FUND.TITLE: GANG RESISTANCE, EDUCATION AND TRAINING RESOURCES: Bureau of Alcohol,; Tobacco and Firearms $4004W $185,000 APPROPRIATIONS:. 49 '340 Ssavol/�ssiaisag 00-1-40.4 Expease . Raasal-�[abicJeVlow s 0 �1-,OCG Necessary expenses for the continued operation of the Gang Resistance Education and Training program in an ; amount not to exceed $185,000" Section 3. The City Manager is hereby authorized2 to accept the grant 'as set forth in the Preamble to this Ordinance and to execute the necessary document(s), in a form acceptable to the City Attorney, for acceptance of said grant. 1/ Words and/or figures stricken through :shall be deleted. Underscored words and/or figures, shall be added. the remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material: 2, 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. x.2024 2 Section 4. The Department of Police is authorized to expend monies from this Special Revenue Fund for necessary expenses to continue the operation of the hereinabove Program. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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 hereby declared to be an emergency measure on the grounds of 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 hereby dispensed with by an affirmative vote of not less than 4/5ths of the members of the City Commission. Section 9. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of May , 1997. r"AROLLO, MAYOR ATTEST - WALTER J. FOEMAN CITY CLERK x.2029 3 JUI_- 1 3-95 MON �S 33 � P 02. J-98-360 4/21/98 ORDINANCE NO. H V V 0 AN ORDINANCE AMENDING ORDINANCE NO. 11332, ADOPTER JANUARY 257, 1996, WHICH ESTABLISHED INITIAL RES0tjjkCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING;" BY INCREASING SAID APPROPRIATIONS, IN THE AMOUNT - OF $85,000, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City of Miami Police Department continuing its efforts to educate the youth of our community in the dangers of gang involvement; and and WHEREAS, this program will target junior high school students within the City of Miami; WNE EAS, the -Bureau of Alcohol, Tobacco and Firearms has approved an additional award, In the amount of $85,000.00, for the continued operation of this successful program; and WHEREAS, there are no matching funds required of the City of Miami; and J U L- 1 3-C-09 M O N 1 S 3 4 P 0 3' WHEREAS, any, purchases would have to comply with applicable city code purchasing requirements; NOW, THEREFORE, 13E IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section ; I. The recitals and findings contained in the preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. ',. Section 2- of Ordinance No. 11332, adopted January 25`', 19960 is hereby amended in the following particulars:' "Section 2. The following fbnds,� as described herein, are hereby appropriated to "Gang Resistance Education and Training" Special Revenue Fund: FUND 'TITLE:. GANG RESISTANCE EDUCATION AND TRA 4rNG RESOURCES: Grant from the Bureau of Alcohol! Tobacco and Firearms' x}00,0W $185.00 APPROPRIATIONS:. $4,249 lfiTrefarag g1-3,72 liele S-9,990 $16,950 Nr&essary expcnsts for the continued oR ation of the CU Resistance Education W Training fro ratrt in an amount not,Q exceed 5185.000" ' Words and/or figures stricken through shall be deleted Underscored ikvrds and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. r 12®29 JUL--13-99 MON 0:34 ® P. 04. Section 3. The City Manager is hereby authorized to accept the grant as set forth in the Preamble to this Ordinance and to execute the necessary documents, in a form acceptable to the - City Attorney, for acceptance of the aforesaid monies for the compensation of personnel. Section 4: The Department of Police is authorized to expend monies from this Fund for necessary expenses to continue the operation of said Program. Section S. All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. PASSED ON FIRST READING BY TITLE ONLY this 28th day of April , 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of May '1998. JOE C AROLLO, MAYOR In accordance with Mleml Code Sec. 2.38, since the Mayor did not Indicate approval of this legislMlon by signing a in the designated place provided, said ncv becomes 09MV6 with the elttpss of ten (10) days from the dato of Comms ' n ac ;,n regarding samo, without the Mayor exercjsiri� a V40.r� - ATTEST: City Cleric WAL'T'ER J. FOEMAN, CITY CLERK ' The herein authod-7stion is fltrther subject to compliance with all Mquirements that may be imposed by. the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. .. 12029 3 J-99-334 11784 � ry p O 4115199 ( ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11332, AS AMENDED, ADOPTED JANUARY 25, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING" TO INCREASE SAID APPROPRIATIONS, IN THE AMOUNT OF $356,000, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY• MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE' THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE CITY.MANAGER TO EXPEND MONIES FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE THE OPERATION OF THE PROGRAM; AND FURTHER CORRECTING A SCRIVENER'S ERROR TO ACCURATELY REFLECT THE AMOUNT PURSUANT TO ORDINANCE NO. 11660 APPROPRIATED TO SAID FUND; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, pursuant to Ordinance No. 11332, adopted January 25, 1996, a special revenue fund entitled: "Gang Resistance Education and Training," was established to appropriate funds in the amount of $100,000, consisting of a grant from the Bureau.of Alcohol, Tobacco and Firearms, to target. middle and junior high school students within the,City of Miami as to the dangers of gang involvement; and WHEREAS, pursuant to Ordinance No. 11487 adopted on 12029 May 7., 1997, Ordinance No. 11332`was,amended`to accept additional grant monies in the amount of $8.5, 000• for a total appropriation to said fund in the amount of. $185,000; and WHEREAS`, pursuant to Ordinance 'No. 11660 adopted on May 26;'1998,. Ordinance _No. 11332"'was further amended to accept grant monies'.,in, the amount of $85, 000.,. `for a total appropriation to said fund in the amount of.$270,000 and '. WHEREAS $., amendatory Ordinance No:. '11660 did not (a). properly reflect Ordinance No. 11332 as the Ordinance being ,.amended, and (b) that the -fund was increased by an additional $85,`000.; and WHEREAS,,, the Bureau of Alcohol, Tobacco and Firearms has approved an, additional award, , in. the amount. of $3516, 0 0 0 , for the continued operation of said Program and WHEREAS., any purchases for the, expenditure of- said, funds must comply with applicable City Code purchasing requirements; NOW, THEREFORE, BE IT ORDAINED BY THE -COMMISSION OF THE. CITY OF MIAMI, FLORIDA Section 1: The. recitals and findings contained in '.the Preamble to. this Ordinance are hereby' adopted by'. reference thereto and .incorporated herein as if fully set forth in this 12 QFC .+ _ 2 Section. Section 2. Section 2 of Ordinance No. 11332, as amended, adopted January 25 1996, is hereby further amended in the following particulars:l/ FUND TITLE: Gang Resistance Education and Training RESOURCES: Bureau of Alcohol, Tobacco W0,999 $62A,000 and Firearms APPROPRIATIONS: Gang -Resistance Education and Training -g68 $gz ,non Section 3. Ordinance No. 11660 is hereby amended to correct a scrivener's error to accurately reflect the additional appropriation of $85,000 which, by said Ordinance, increased said fund to a total appropriation of $270,000. Section 4. The City Manager is hereby authorized2/ to accept the grant from the Bureau of Alcohol, Tobacco and Firearms and to enter into the necessary contracts) and/or agreements (s), in a form acceptable to the City Attorney for acceptance of the 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added'. The remaining provisions are now in 2/ effect and remain unchanged. 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. - 3 - aforesaid monies for the operation of said Program.' Section 5.. All .Ordinances or parts of Ordinances insofar as they are inconsistent. or in conflictt with the provisions of this Ordinance are -.hereby 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 hereby 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'affars. Section 8. The requirement of reading this'Ordinance on two separate days, is` hereby dispensed with ;by an affirmative vote of not less than four-fifths of the members of the Commission.' Section 9. This Ordinance shall become effective, X2029 -.4 immediately upon its adoption and signature of the Mayor.31 PASSED AND ADOPTED this 27th day of April 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate eDpmvat V. this legislation by signing Vin the designated place provided, said becomes effective with the elapse of ten (10) days f. the d cmn-.:s ' :, a sic' regarding same, without the Mayor exercising a, e . ATTEST: Walter J. man, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED�S Ti/ORM Zo CORRECTNESS e W692 3/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 12029 - 5 - °soLTOe"C°a WEPARTMENT OF THE TREASUA S� e� BUREAU OFALCOHOL, TOBACCO AND FIREARMS �o WASHINGTON, DC 20226 COOPERATIVE AGREEMENT NO. ATC010137 BETWEEN R UE `' p E Miami, Florida F E B :: 2001 AND LEG 3g -27 7N DET i. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 1. PURPOSE The purpose of this Cooperative Agreement (agreement) is to establish a legal relationship between the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Miami Police Department, Miami, Florida (LOCAL GOVERNMENT). This agreement sets forth the responsibilities for the operation of the gang prevention program known as Gang Resistance Education and Training (G.R.E.A.T.) in Miami, Florida. All terms and conditions herein are binding upon execution of the agreement by both parties. 2. PERIOD OF PERFORMANCE This agreement is limited to the operation of the G.R.E.A.T. Program. The period of . -performance begins January 16, 2001 and ends July 31, 2001. However, ATF intends to continue the legal relationship in the future, subject to.continuing congressional appropriations. In future years, no legal liability on the part of ATF or the Federal Government shall accrue unless funds are made available to the CAO and the LOCAL GOVERNMENT receives written notification of the amount of funds available. The continuation of the agreement in future years will be subject to a reapplication process by the LOCAL GOVERNMENT. WWW.ATF.TREAS.GOV 120 2 ��' 1 COOPERATIVE AGREEMENT NO. ATC010137 3. SCOPE OF WORK In the Treasury, Postal Service and General Government Appropriation Bill for the Fiscal Year ending September 30.,'2001, ATF was directed to continue operation of the.G.R.E.A.T. Program,, which was originally started as PROJECT OUTREACH in the Fiscal Year 1992 appropriation. G.R.E.A.T., is a project which uses the skills of ATF., State and local law enforcement'personne-1, as well as individuals from community and.civic,groups; to develop a program that educates.youth about the dangers associated with joining street gangs. G.R.E.A.T. consists of three major phases: Phase ISchool-Based Education Phase II Summer Education/Recreation Phase_III Parent Involvement Program 4. COOPERATIVE AGREEMENT PLAN During the period of performance the G.R.E.A.T. Program will-, be implemented and continued as follows,:. A. RESPONSIBILITIES OF Miami,, Florida Miami, Florida, through the Miami 'Police Department; will participate in the G.R.E.A.T. Program as specified below.: (1) Phase I The LOCAL GOVERNMENT shall arrange. 'with local'area•middle/junior high schools,'to schedule 9 one - per . iod neperiod classes.to instruct.a minimum of 8000 students.per' year,, on the dangers.of gangs in accordance with the G.R.E.A.T. Program lesson plans... Classes,will be taught in an:,a'propriate education time slot as.determined by local school.officials: These classroom lessons are to: be.presented during the school year of the performance period of the agreement as.specified in Section 2,,o,f this. agreement, The lessons will be tau'ght'to_.middle/junior high school students within the.Miami, Florida school system. Page 2 of 24 1 -029 COOPERATIVE AGREEMENT NO. ATC010137 The LOCAL GOVERNMENT is required to order graduation certificates for student participants of the program. Certificates are provided free of charge and should be ordered at least 8 weeks prior to graduation. Requests for certificates should be mailed to the address listed in Section 15.C. The number of certificates ordered shall reflect the actual number of students enrolled in the program, as this information will be used as a factor in determining future funding, as well as to determine compliance with this agreement. PHASES II and III OF G.R.E.A.T. The LOCAL GOVERNMENT shall submit and implementation plan for phases II and III by May 1, 2001. Implementation of Phases II and III must support Phase I of this agreement and be in accordance with the following guidelines: Phase II The LOCAL GOVERNMENT will be required to coordinate summer education/recreation activities at sites selected by the cognizant police department. Additionally, the LOCAL GOVERNMENT will attempt to match available existing community programs and resources with G.R.E.A.T. students and graduates. Phase III The LOCAL GOVERNMENT will institute an education program for parents of youth involved in gangs and/or at risk of joining gangs, and for parents of other Phase I participants. Under the terms of this agreement, ATF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after the end of the period of performance specified in Section 2. (2), ATF is mandated by Congress to evaluate the Page 3 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 -G.R.E.A.T.. Program. A process and outcome analysis evaluation will be conducted every year.. This evaluation will.require the LOCAL GOVERNMENT to permit evaluators designated by ATF to conduct. G.R.E.A.T. - related .interviews, establish focus groups of officers, school administrators,.teachers, and students and administer relevant'pre-and..post-tests. (3) The LOCAL GOVERNMENT agrees to allow an,officer(s) to complete G.R.E.A.T. Officer Training, teach the G.R.E.A.T. curriculum, complete G.R.E.A.T. Management Leader training,'.and assist the National Training Team as a Team Leader. The LOCAL GOVERNMENT agrees to provide the services of said Team Leader(s) for G.R.E.A.T. training sessions during the period of performance of this agreement at the rate of 2 weeks per $50,000 'of award. Amount of Award Required'We'eks $50,000 2 $100,000 4 $150,000 6'" $200,000` 8 $250,000 10 $300,000 12 $350,000 14 $400,000 16 Local governments that are in their first year of federal funding are excluded from the above.,,xequirement. However,' it i,s required ,that the LOCAL GOVERNMENT designate an officer to-complete.team leader training. In the event funding becomes available for -the following, year,, the LOCAL.GOVERNMENT will be required to provide an officer(s) in accordance with paragraph 3.above.. (4) It' is ,the ':responsibility ,of, the ,,LOCAL GOVERNMENT to plan,.,initiate and oversee the completion of the G.R.E.A.T. Program;.to.prepare:bi-annual progress reports and quarterly requests for payments; to certify the. Page 4. of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 accuracy of contractor and vendor billings; to ensure the cost efficient and timely completion of the project; and to immediately notify ATF, in writing, of any issues or problems, real or anticipated, which might affect the successful completion of the project within the time frame and funding established in the agreement. (5) It is the responsibility of the LOCAL GOVERNMENT to ensure that Officer's regular and overtime salaries shall not exceed 700 of the total amount obligated under this agreement. (6) Expenditures for equipment, furniture or other capital assets may be reimbursed, but only if prior written approval for the purchase is obtained from the Government Technical Representative (GTR). " Equipment means an article of non -expendable, tangible personal property having a useful life of more than one year. " Other Capital Assets" means buildings, land, and improvement to buildings or land that materially increase their value or useful life. Expenditure requests must be submitted in writing to the GTR. The request shall include the item(s) to be purchased, quantity, per item cost, extended cost, useful life and a justification as to why such an expenditure is required and how it benefits the G.R.E.A.T. program. Total of expenditures for equipment, furniture or other capital assets shall not exceed 200 of the total amount obligated under this agreement. (7) The LOCAL GOVERNMENT shall submit to the GTR a bi-annual report within 45 days of the close of each six month period. This report shall describe the programmatic and financial status of the project. The GTR shall be advised of any significant programmatic or financial adjustments/modifications. A progress report format is provided in Attachment V. A final agreement report shall be submitted by the LOCAL GOVERNMENT within 90 days after the completion of the Page 5 'of 24 12029 COOPERATIVE AGREEMENT.NO. ATC010137. project. This final report will.contain the date of completion, final.costs, and.a statement that the. agreement is -completed.. Failure to submit bi-annual progress reports or the final agreement report may be interpreted as non-compliance with this agreement. B. RESPONSIBILITIES OF ATF FOR REIMBURSEMENT '(1)(a) ATF has obligated, to Miami Police Department, :Miami, $41,584..38 for the G.R.E A.T. Program. Funds are provided .to reimburse the LOCAL',GOVERNMENT's cost incurred as follows:. * Officers'.time-,., regular and overtime, must be G.R.E.A.T. related and documented with a signature from an authorizing official. * G.R.E:A.T. training expenses, such:as instructional materials, workbooks, instructor fees, and guest speakers' fees; * Expenses incurred in connection.with officers receiving G.R.E.A.T. officer training. This includes transportation, lodging and per diem in accordance with Federal Travel Regulation. Officer's time (regular and overtime).' will be paid during training. Overtime_shall'not exceed 10.hours per week during,training; * Printed materials such as student handbooks and awards; Administrative expenses, '. * .directly supporting GREAT activities, such as general office supplies, office. space leases, and clerical support directly supporting GREAT.activities, during the term of, this agreement; and Expenses for G.R.E..A.T. promotional materials Page 6 of 24 129 COOPERATIVE AGREEMENT NO. ATC010137 such as pamphlets, bumper stickers, hats, T-shirts, buttons, pens and pencils. • Any items bearing the G.R.E.A.T. name or logo must be purchased from one of the following authorized vendors: Best.Expression 21606 N. 3rd Ave. Phoenix, AZ 85027 800-932-8931 Treadway Graphics 1401 Cannon Circle Fairbault, MN 55021 800-653-7063 Creative Impression 5305 E. 18th Street Vancouver, WA 98661 800-654-0724 Sav-on Printing 4520 N. 19th Ave. Phoenix, AZ 85015 602-242-2308 * Any expenditure (e.g., guest speakers, training, ceremonies) in excess of $1,000, for other than equipment, furniture or other capital assets and excluding those made from -the authorized G.R.E.A.T. vendors above, must be pre -approved, in writing, by the GTR. * Any expenditure in excess of $5,000 made from the G.R.E.A.T. vendors above, must be pre -approved, in writing, by the GTR. (c) Reimbursements will be made only when a completed SF -270, Request for Advance or Reimbursement form, attachment I, is provided by the Local Government in accordance with the terms of this agreement. (2) It is the responsibility of the GTR or designee to monitor the project status, to review and certify interim and.final payment requests submitted by the LOCAL GOVERNMENT and; to ensure that the funding limitations in paragraphs 4.A.5, 4.A.6, 4.B.1.A and 4.B.1.D have not been exceeded. Page 7 of 24 COOPERATIVEAGREEMENT NO. ATC01013.7 C. THIRD/FOURTH GRADE SCHOOL-BASED EDUCATION` PROGRAM In addition to the G.R.E.A.T..middle/junior high school .,component, the LOCAL GOVERNMENT may elect to teach a. third/fourth grade G.R.E.A.T'. component: 'The.LOCAL GOVERNMENT shall arrange with local. area' elementary schools, to schedule four one -period sessions to.instruct third and fourth grade'students on the dan ers gangs, g of , in accordance with g g the G:R.E.A.T. Program lesson plans. *Classes will be taught in an appropriate education time slot, as determined by local., school officials., These classroom lessons are to be presented during the school year of'the.'performance period of the agreement as specified in Section 2 of this agreement., The lessons will be taught to third and fourth grade students within the Miami<school.system. Under the terms of this agreement,, ATF will not reimburse the LOCAL GOVERNMENT for any -expenses incurred after the end of the period -of performance. D. Limitations - Other than the administrative costs expressly set out in .paragraph B (1) (a) , above, .no administrative expenses. or costs; whether direct or indirect, shall be reimbursed.under'this agreement.. 5. FUNDING; PAYMENT.AND SUBMISSION OF INTVOICES A. ATV will obligate $41,584.38 for reimbursement under this agreement Requests, for reimbursement for work,completed will be made by'the LOCAL GOVERNMENT on a,SF-270, Request for Advance or Reimbursement, attachment'I, to the GTR for review"and certification. Payments will only be issued',to the.LOCAL GOVERNMENT, and not,vendors_or,contractors. ATF_ will riot'•provide funding.in..excess of the amount specified for each year the agreement is in effect. The LOCAL GOVERNMENT accepts responsibi"lity for all costs associated with the G.R.E_A.T. Program which exceed the Page. 8 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 level of funding provided by ATF. B. Requests for Reimbursements shall be submitted by the LOCAL GOVERNMENT on a quarterly basis as follows: (1) Original SF -270, Request for Advance or Reimbursement form, along with receipts/invoices supporting reimbursement request to the GTR. Requests for travel reimbursements must include the TRAVEL REIMBURSEMENT SHEET (Attachment II). The GTR's address is as follows: Bureau of Alcohol, Tobacco and Firearms ATTN: Juanita Wright P.O. Box 50418 Washington, DC 20091-0418 The LOCAL GOVERNMENT will provide ATF with whatever payment information is necessary to transfer funds (electronic payment information, bank account numbers, etc.) to the LOCAL GOVERNMENT. C. Title 31 of the Code of Federal Regulations, Part 208, effective July 01, 1997, mandates that Federal payments under .cooperative agreements be made via electronic funds transfer (Waiver: Department of the Treasury checks) will be issued ONLY when the LOCAL GOVERNMENT certifies in writing that the recipient does not have an account.at a financial institution or authorized payment agent) . (1) The following applies only to Direct Deposit payments: The LOCAL GOVERNMENT shall forward a completed SF - 3881, ACH Vendor/Miscellaneous Payment Enrollment Form, attachment III with this signed agreement. (a) The Agency Information is preprinted to issue payment from ATF. (b) The Payee/Company Information is to be Page 9 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 completed by the Payee. The^.Taxpayer Identification Number (TIN) must be provided. The TIN is the Employer,Iden'tification Number. .Notice of each D rect'Deposit will be forwarded to the address:lis.ted. (c) The Financial Institution Information should be completed by the.Payee''s Financial Institution. (d) All payments .will be'made to.checking or savings accounts,, not lock boxes. (e) Financial Institutions must list their nine digit American Bankers Association (ABA) identifying number. This number is used for the routing of direct deposited funds.•. (Provide this number only if the receiving financial institution has .access . to ,,the Federal Reserve .Conmuni cations System) (f) If the receiving financial institution does not; have -,access to the Federal Reserve Communications System, provide the name of the correspondent financial -institution through which the receiving financial. -institution receives electronic funds t'ransf'er messages. (2) Any changes'to funding and payment, information shall be.furnished,to"ATF at the address in "paragraph 15:B, in writing, at,least 30 days before the effective date. "of- the change. It is the LOCAL, GOVERNMENT'S responsibility to'furnish these changes promptly to avoid payments' to erroneous addresses'or bank accounts (3) All documents furnishing payee information from the agreement recipient must be dated and contain the signature, title, and telephone number.of the agreement recipient official authorized to provide it, as well as the agreement recipient's name. Page 10 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 D. The LOCAL GOVERNMENT certifies, by signing the SF -270 form, attachment I, that all requests for reimbursement submitted shall be supported by valid receipts/invoices which are in accordance with the project authorized in this agreement. Copies of paid invoices shall be clearly marked with the appropriate agreement number to which they are charged and maintained in the agreement project file by the LOCAL GOVERNMENT. All such documentation shall be made available for review upon the request of ATF or any Federal audit agency. Funds specified and approved for G.R.E.A.T. shall not be transferred to another project or be used for any other purpose, unless authorized by a written modification to this agreement signed by the LOCAL GOVERNMENT and the CAO or his designee. E. The LOCAL GOVERNMENT certifies that no request for payment will be submitted for work, materials or services which have been previously funded by any other source. F. The LOCAL GOVERNMENT will maintain such books, records, documents and other records that will accurately document all costs relating to this agreement in accordance with State laws and procedures for expending and accounting for its own funds. This documentation must be kept for a period of at least three years following the submission of the final agreement report. All such documents will be subject to periodic on-site review as deemed necessary.by ATF and any Federal audit agencies including any Contractor hired by the Federal Government to perform audit services. 6. INSPECTION/ACCEPTANCE Inspection and acceptance of all supplies and services under this agreement shall be accomplished by ATF's GTR,or someone otherwise designated by the CAO. Page 11 of 24 1202 7. MODIFICATIONS.. A. The CAO may at any, time, by -written order, make changes within the general'scope.of.this agreement in any one or more of the following: (.1)' Description. of services. ­to be performed. (2) . Period of Performance B. Modifications that change,any part of the agreement or the responsibilities of -the LOCAL GOVERNMENT must be made . by mutual agreement of 'both. parties. Failure to agree.to any modification shall be a dispute under the DISPUTES clause (Section ll) of this 'agreement. However, nothing in this clause shall excuse the LOCAL GOVERNMENT from proceeding'with'the agreement as changed. C. Notwithstanding,the terms and .conditions of paragraphs A and..B 'above, the estimated cost -of -this cooperative agreement shall not be increased or considered increased except by specific written modification of.the agreement indicating the new agreement total'. Until this modification is made, the'LOCAL GOVERNMENT isnot authorized to incur costs beyond those specified under Section'S.A of .this agreement..` 8 ASSURANCES This -Agreement provides for Federal participation in an education and public awareness program to warn youth about the dangers of gangs.. A local government receiving'. Federal funds under this ->agreement is required.to assure and certify that it will, as a condition of receiving the funds, comply, with applicable Federal laws and regulations governing .-cooperative agreements. By acceptance of this agreement the LOCAL GOVERNMENT assures and certifies that"it,will'comply with the,regulations in Attachment. IV of this agreement, as well as other listedregulations, policies, guidelines, and requirements listed in. the agreement, including OMB Circular A -87 -Cost Principles for'State, Local and Indian Tribal Paae 12 'of 24 0 COOPERATIVE AGREEMENT NO. ATC010137 Governments, A -102 -Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and A -133 -Audits of State and Local Governments, as they relate to participation in the G.R.E.A.T. Program. In this agreement, the term "Contractor" used in Attachment IV Clauses and Provisions refers to the "LOCAL GOVERNMENT." 9. PUBLICATIONS AND NEWS RELEASES A. Definition. For the purpose of this clause, "publication" includes: (1) Any document containing information for public consumption; or, (2) The act of, or any.act which may result in, disclosing information to the public. B. The results of this program are planned to be made available to the public through such means as the Director of ATF shall determine. C. Federal Government Ownership of Official Products of Work. All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments', computer tapes, and any other physical materials and products produced directly under this agreement are considered Official Products of Work, owned by the Federal Government and held for the benefit of the public. Further, the LOCAL GOVERNMENT acknowledges that it will not acquire any rights in data or goodwill for any of the materials or products produced under this agreement. D. Independent and Special Products During the term of this agreement, works authored, composed, or developed by the LOCAL GOVERNMENT and Page 13 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 approved by the G.R:E.A.T. National Policy Board, including but riot,limited.to brochures,.curriculum,l student handbooks,- instructor manuals,`g newsletters, Pamphlets, and other products developed to enhance the G..R..E..A.T. Program are considered to_be Independent,and' Special Products. E. 'Publication of.`Official Pro ducts.of Work Official Products of Work;- quotations,r't�herefrom, paraphrasing, or di,sclosures,of interim,findings may not be published without the written approval of the GTR for a period of 60 days after.acceptance of the product by the GTR. 'Thereafter, the LOCAL GOVERNMENT. shall be free to publish without ATF.approval F. Acknowledgment and'.Disclaimer (1) All Official Products of Work; or any parte thereof, developed through the use of ,funds provided for under this instrument, when:publis;hed,.by the LOCAL GOVERNMENT.or other participants in the work, shall contain the following acknowledgment and disclaimer "The work that provided the basi,-s for this publication was supported by funding under a. Cooperative,. Agreement with the. Bureau of Alcohol, Tobacco and Firearms. The substance,and.findings' :of the work'are dedicated to the public. The author and publisher are solely responsible for the accuracyy, of the,statements-and interpretations contained in -this publication. Such interpretations do not necessarily reflect the viewsof the Federal Government (2) All Independent and Special Products, or any parts -thereof, developed, through the -use of fund's provided. for under this instrument,. -when published by the Local Government or_other participants in,the work, shall contain the following acknowledgment and disclaimer: Page 14 oaf , 24 COOPERATIVE AGREEMENT NO. ATC010137 "The work that provided the basis for this publication was supported in part by funding under a cooperative agreement with the Bureau of Alcohol, Tobacco and Firearms, which maintains its rights in this publication as set forth in 41 C.F.R. 3105-71.134. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government." G. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuance's containing news or information concerning this agreement that may be made by the LOCAL GOVERNMENT or its staff, or any subcontractor or other person or organization participating in the work of this agreement shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraphs (E) and (F) above. 10. COLLECTION OF DATA Collection of information from ten or more persons and sponsored by ATF, shall be subject to 5 CFR 1320. A collection of information undertaken by a recipient of a Federal cooperative agreement is considered to be sponsored by ATF only under the following conditions: A. The recipient of a cooperative agreement is collecting information at the specific request of the agency; or The terms and conditions of the cooperative agreement require specific approval by the agency of the Page 15 of 24 12029 COOPERATIVE AGREEMENT NO.. ATC010137_ collection of information or the collection procedures. 11. DISPUTES A. It'is hereby agreed upon.that this.agreement is subject t.o the ' Contract Disputes. Act of 1987, as amended (41 U.S.C. 601-613). B. Except as provided in the Act, all disputes arising under or relating to this agreement.shall be resolved under this'clause C. a "Claim,." as used in this clause, means a written demand or.written assertion by one of the agreement parties_ seeking, as matter o'f right, the payment of money.in.a sum certain, the adjustment or interpretation of agreement terms, or -other relief arising under or relating to this agreement. A claim arising under a cooperative agreement, unlike a,claim relating to that agreement, is a claim that can be resolved.under a cooperative agreement clause that provides, for the relief sought by the claimant. However, a written., demand or written assertion by the.LOCAL GOVERNMENT. .seeking the payment of money.exceeding.$100.,000 is not..a claim under the Act until certified as required by subparagraph D(2) -of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is°disputedeither .as to liability or amount or is not acted upon -in a reasonable time. (1). A claim by the LOCAL GOVERNMENT shall be.made in writing and, unless otherwise stated in this cooperative agreement, submitted within 3 years'after accrual of the claim to the CAO for a written decision. A claim by the Government against the LOCAL GOVERNMENT shall be subject to a written.decision by the CAO. Page 16 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 (2). The LOCAL GOVERNMENT shall provide the certification specified in subparagraph D(4) of this clause, in writing, when submitting any claim. (a) Exceeding $100,000; or (b) Regardless of the amount claimed, when using. 1. Arbitration conducted pursuant to 5 U.S.C. 575-580; or 2. Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA) . (3). The certification requirement does not apply to issues in controversy that have not been submitted as part of a claim. (4). The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the agreement adjustment for which the LOCAL GOVERNMENT believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the LOCAL GOVERNMENT." (5). The certification may be executed by any person duly authorized to bind the LOCAL GOVERNMENT with respect to the claim. E. For LOCAL GOVERNMENT claims of $100,000 or less, the CAO must, if requested in writing by the LOCAL GOVERNMENT, render a decision within 60 days of the request. For LOCAL GOVERNMENT -certified claims over $100,000, the CAO must, within 60 days, decide the claim or notify the LOCAL GOVERNMENT of the date by which the decision will be made. Page 17 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 F. The CAO's decision shall be final unless the LOCAL GOVERNMENT appeals or files a suit as provided in the Act. a G. If the"claim by the LOCAL GOVERNMENT is submitted to the CAO or a claim by the Government is presented to the LOCAL GOVERNMENT, theparties, by mutual consent, may agree to use ADR. If the LOCAL GOVERNMENT refuses an offer for alternative disputes resolution, the LOCAL GOVERNMENT shall inform the CAO, in writing, of.the LOCAL GOVERNMENT's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575=580, or when using any other ADR technique that the agency elects to handle in accordance with the, ADRA, any claim, regardless of amount' shall be accompanied by the certification described in subparagraph D(4) of this clause, and executed in accordance with subparagraph D(5) of this clause. H. The Government shall pay interest on the amount found due and unpaid' from (1),the date that the CAO receives the claim (ce'rtifed, if .required) ; or (2) the date that payment otherwise would,be.due, ifs -that date is,later, until the date of payment. With regard to claims having defective; certifications„ . as defined in (FAR).48 CFR 33,2.01, interest shall be paid from the date that. the CAO initially receives,t-he claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during.which the CAO receives the claim and then at the rate applicable for each.6-month period as fixed:by the Treasury Secretary during the pendency of the claim. I. The'.LOCAL GOVERNMENT shall proceed diligently -with performance of this agreement, pending final resolution of any request,for.relief,'-claim appeal, or action arising under..the contract, and comply with any decision of the CAO. Page 18'of, 24 v 12. STOP WORK 0 COOPERATIVE AGREEMENT NO. ATC010137 A. The CAO or his designee may issue, and the LOCAL GOVERNMENT will accept, a written order to hold or Stop Work on the G.R.E.A.T. Program funded under this agreement for a period of up to 30 days. Such orders will be issued only for sufficient cause, such as reason to believe work is being performed outside of the terms of the agreement, for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant laws or regulations. B. A Stop Work Order may be continued, canceled or reissued as termination. C. The LOCAL GOVERNMENT is responsible for any costs incurred after the issuance of a Stop Work Order unless such work, material, equipment or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be canceled. 13. TERMINATION A. The Government may terminateperformance of work under this agreement in whole, or in part, if the CAO determines -that a termination is in the Government's interest. The CAO shall terminate by delivering to the LOCAL GOVERNMENT a Notice of Termination specifying the extent of termination and the effective date. (1) After receipt of a Notice of Termination and except as directed by the CAO, the LOCAL GOVERNMENT shall immediately proceed with the following obligations: (a) Stop work as specified in the notice. (b) Place no further orders, except as necessary to complete the continued portion of the agreement. Page 19 of 24 120 c.4 COOPERATIVE AGREEMENT NO. ATC010137" (c) Terminate all applicable subcontracts and cancel or divert applicable commitments covering personal services that extend.beyond the effective.date of termination. (d) Take any'action that may be necessary for the protection and preservation of, the property related .to this agreement that: is in the possession of the LOCAL GOVERNMENT and in which.,the Government :has or may acquire an interest (e) Within 6.0 days after the date:of termination, the LOCAL GOVERNMENT shall submit a final report along with a final SF -270,, Request for -Advance or Reimbursement (ATTACHMENT I),. to the'GTR. B. This Agreement_ may be terminated in -full or in -part by the LOCAL GOVERNMENT at anytime prior to the completion of the Program listed in the Agreement. The LOCAL GOVERNMENT shall notify the CAO, in writing, prior to. the , proposed date oftermination. . - 14. REPORTS A. The LOCAL GOVERNMENT shall submit to the GTR a bi.-annual : report, within ,45 days of the ,.close of each, six.month period:.This.report shall describe the programmatic and financial. status of the project. The GTR shall be advised of any significant 'programmatic or financial adjustments/modifications.` A progress- report' format is. provided.in Attachment V. B. A.final agreement report' shall be submitted by the LOCAL. GOVERNMENT within 90'days. after the completion of the project. This final report will contain the date of completion, final 'costs,;and a'statement that the agreement is completed. ,C. Failure to submit bi-annual progress reports or the, Page .20 of 24 12029 COOPERATIVE AGREEMENT NO. ATC010137 final agreement report may be interpreted as non-compliance with this agreement. 15. GOVERNMENT REPRESENTATIVES A. The Cooperative Agreement Officer (CAO) is the Chief, Acquisition and Property Management Division, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-8820. B. The Cooperative Agreement Administrator (CAA) is Kevin R. Merriweather, located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-7716. C. The Government Technical Representative (GTR) is Juanita Wright, located at P.O. Box 50418, Washington, DC 20091-0418, phone number 1-800-726-7070. 16. LIMITATION OF TECHNICAL DIRECTION FROM THE GTR A. Performance of work under this agreement shall be subject to the technical direction of the GTR identified in paragraph 15.C. of this agreement, or a designated representative. The term "technical direction" is defined to include, without limitation, direction to the LOCAL GOVERNMENT which directs or redirects the labor effort, shifts the work between work areas or locations, further defines tasks and otherwise serves to ensure that the tasks outlined.in the agreement are accomplished in a satisfactory manner. B. Technical direction must be within the scope of the agreement. The GTR does not have the authority to, and may not, issue any technical direction which: (1) Constitutes a change of assignment or additional work outside the scope of work of the, agreement; Page 21 of 24 1209 COOPERATIVE AGREEMENT NO. ATC010137 (2) Constitutes,a change in the agreement that requires a modification as specified in Section 7 "Modifications." (3) 'In any manner cause an increase or decrease in the agreement price, or the time required for agreement' performance. (4) Changes.any.of the terms, conditions or scope of work of -the agreement; or (5) Interferes with the LOCAL GOVERNMENT's right to perform under the terms and conditions of the agreement C_ Technical directions may be oral or in writing, by GTR or a designee with written delegated authority from the. CAO. Oral directions shall be•confirmed•in writing within two working days. of issuance. D. The LOCAL GOVERNMENT shall proceed promptly with�the performance. resulting. from technical directions issued by the GTR, or his designee. if in the opinion of the ;LOCAL GOVERNMENT, any instruction or direction of the 'GTR, or his designee, falls within -.the purview defined in• paragraph b..1.,through S., above, the, LOCAL GOVERNMENT shall immediately notify the -CAO no later than .the beginning of the•next Government workday. E. Failure,of the�LOCAL GOVERNMENT and the CAO to agree that the technical directions are within the scope of the agreement shall be subject to the terms of the clause enti.tled.Disputes in Section_11.. 17. COOPERATIVE AGREEMENT OFFICER'S AUTHORITY The CAO'is the only person authorized to approve modifications to this agreement. This authority remains solely with the CAO... In the event the LOCAL GOVERNMENT affects any modifications.at the .direction of any person other..thari'the CAO, the modifications will be considered to Page 22..of'24 Y t 1202,9 COOPERATIVE AGREEMENT NO. ATC010137 have been made°without authority and no adjustment will be made to the agreement. The CAO shall be the only individual authorized to accept non -conforming work, waive any requirement of the agreement, and/or modify any term or condition of the agreement. The CAO is the only individual who can legally obligate the Government to expend public funds. 18. Attachments I (SF -270 REQUEST FOR ADVANCE OR REIMBURSEMENT), II (Travel Reimbursement Sheet), III (ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM), IV (Additional Clauses and Provisions) and V (BI -ANNUAL COOPERATIVE. AGREEMENT PROGRESS REPORT) are hereby incorporated to form an integral part of this Agreement. 19. FORMS The following standard forms, provided, must be completed and submitted with the agreement: * SF -LLL Disclosure of Lobbying Activities; * SF -3881 ACH Vendor/Miscellaneous Payment Enrollment Form (ATTACHMENT III); * SF -424 Application for Federal Assistance; * SF -424A Budget Information - Non -Construction Programs (with instructions); * SF -424B Assurances - Non -Construction Programs; The following reimbursement forms, provided, must be completed and submitted with each request for reimbursement: * SF -270 Request for Advance or Reimbursement (ATTACHMENT I) (make copies as needed) * (No form #) Travel Reimbursement Sheet (ATTACHMENT II)(make copies as needed) Page 23 of 24 12029