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HomeMy WebLinkAboutO-12057J-01-220 3/22/01 ORDINANCE NO. 12057 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "WYNWOOD/HIDTA CRIME AND DRUG DEMAND REDUCTION PROGRAM FUND," AND APPROPRIATING $42,000 TO SAID FUND, CONSISTING OF A GRANT FROM THE SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) CRIME AND DRUG DEMAND REDUCTION PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the Department of Police will implement enforcement strategies to attack crime through intensive enforcement and :1 arrests of drug traffickers, career criminals and violent crime offenders in the Wynwood community; and WHEREAS, the South Florida High Intensity Drug Trafficking Area (HIDTA) Crime and Drug Demand Reduction Program has awarded the City of Miami a grant in the amount of $42,000 through the Monroe County Sheriff's Office to be used to reduce or eliminate factors leading to drug abuse, nurture and develop indigenous leadership to assist residents in attaining self-sufficiency in "at risk" communities; and 12057 WHEREAS, no matching funds are required from the City of Miami as a condition of said grant; and WHEREAS, any expenditures must comply with applicable City Code procurement procedures; 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. The following Special Revenue Fund is established and resources are appropriated as described herein: Fund Title: Wynwood/HIDTA Crime and Drug Demand Drug Reduction Program Fund Resources: South Florida High Intensity Drug Trafficking Area (HIDTA) Crime and Drug Demand Reduction Program $42,000 Appropriations: $42,200 Section 3. The City Manager is authorized!/ to accept the grant from the South Florida High Intensity Drug Trafficking Area (HIDTA) Crime and Drug Demand Reduction Program and to execute the necessary documents, in a form acceptable to the City Attorney, for 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 hereby repealed. 1� 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 3 1215 7 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 shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 29th day of March 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate app"in.1 of this legislation by signing it in the designatedplat provided: said legisi�a i becomes effective with the elapse of ten (10) days the d ¢ Commis regarding same, without the mayor aserciO j� ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED TO L C RNEY Wl4:LB:BSS AND CORRECTNESS: J. FOmaet Citv Clerk 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 3 of 3 12 0 5 4 SECOND READING• ORDINANCE The Honorable Mayor and Members of the City Commission -_„AMa�nager ez RECOMMENDATION 25 MAR12 Oji'': Proposed :Ordinance Wynwood/HIDTA Crime and Drug Demand Reduction Program It is respectfully recommended that the City Commission adopt the attached Ordinance which establishes initial resources and initial appropriations for a Special Revenue Fund entitled: "Wynwood/HIDTA Crime and Drug Demand Reduction Program," accepting a grant from the South Florida High Intensity Drug Trafficking Area (HIDTA), in the amount of $42,000. 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. .0 CAG C/JLM/lr 120,57 • 0 SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA 8245 N.W. 53 Street, Suite 203 - Miami, Florida 33166 .(305) 597-1921 - Fax: (305) 597-2063 December 20, 2000 Chief Raul Martinez City of Miami Police Department 400 N.W. 2nd Avenue Miami, Florida 33128 Dear Chief Martinez: We are pleased to inform you that an award for your Police Department has been approved in the amount of $42,000. This award is from the South Florida High Intensity Drug Trafficking Area (HIDTA) Crime and Drug Demand Reduction Program to support your efforts at the site in the City of Miami that you proposed be the focus of a special initiative. I may mention that the results of the overall program's effort for the first half of the year 2000 initiative produced a 44% reduction on Part One Crime. The Crime and Drug Demand Reduction Program is an effort 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 five "at risk" communities spanning South Florida's tri -county area. 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 whi1P 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. Your community's HIDTA award is in two parts. Part One is the Law Enforcement Overtime initiative, in which police officers work with community leaders and representatives to develop an enforcement plan to remove from the community drug traffickers and dealers as well as violent drug involved offenders and career criminals. A total of $30,000 is provided for this Part One Initiative. These funds are to be used for overtime hours dedicated solely to the target site for the twelve-month period of February 1, 2001 ending on January 31, 2002. No employee fringe benefits will be paid by HIDTA. Your city will be responsible for this funding. We will continue to use the Miami Dade Police Department's Tactical Narcotics Team "TNT" model as a 12057 Chief Raul Martinez ® December 20.2000' City of Miami Police Departmefit Page 2 of guide for this effort. The, intelligence portion of this approach can be bypassed since most of the , participating agencies.have already initiated this process: Part Two is the continuing Community Policing Crime Reduction initiative. The goal of this . component is to continue tr , 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 has caused a tremendous positive interaction between law enforcement and the community, and as a result, major crime battles have been successfully fought. The award for this part of the program is $12,000 for the 12 -month period of February 1, 2001 though January 31, 2002. These funds are to contribute towards your police department's expenses in the following areas: Community Policing Officer(s) (Overtime - No fringe benefits) $12,000 Your organization will be reimbursed on a monthly basis, after a complete 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.D.R.P. in any activity organized by HIDTA such as youth camps, summer jobs, -workshops, anti-drug & anti-crime presentations, and mentoring and tutoring of the youth. A Full-time county/city employee must supervise any person hired by your county/city that is .paid from these awarded funds. Should this joint venture :with South Florida HIDTA identify areas where funding allocations could be modified to more 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 statistical' report detailing the. activities enumerated in this document should be forwarded to ,Capt. Joe R. Mendez, no later than the 5`h day of every month. If you have any questions pertaining to the award, please feel free to contact Captain Joe R. Mendez, Program. Manager, C.D.D.R.P., at (305) .597-1921 or' Ms: Genii Cockshutt, Fiscal Officer, South Florida HIDTA, at (305) 597-1949. The overall HIDTA program is results oriented, therefore the Crime. and Drug Demand Reduction Program's staff and 1look forward to forging an •alliance with you, your staff and the people and programs of your community. Together we can make a'real and life changing impact, on peoplein in your targeted site who are challenged by drugs, crime, economic, social and environmental conditions that must be overcome. SincerelAD. f' Timoner Director, South Florida HID A Accepte R� Date: /I b 12057 South Florida HIDTA Reimbursable Agreement Reimbursement Recipient: City of Miami Police Department 400 NW 2nd Avenue Miami FL 33128 Attn: Chief Raul Martinez Reimbursing Entity: South Florida HIDTA via ONDCP Award ONDCP Award Recipient: Monroe County Sheriffs Office ONDCP Award Number: I9PMIP5106, IOPMIP5106, I1 PMIP5106 HIDTA Initiative: CECDDRP Reimbursement Amount: $42,000 Period Duration: 2/1/01 to 1/31/02 This agreement is subject to the following conditions andprovisions: A. Conditions Reimbursement is based on the detailed budget attached to this Agreement. This is the ONDCP-approved budget for the initiative and any deviation must comply with the reprogramming requirements as set forth in the ONDCP Guidelines and below. B. General Provisions 1. Reimbursement is subject to: a. the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, also known as the "Common Rule", b. the Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements; Federal Debt Status, and Nondiscrimination Statutes And Implementing Regulations. c. the audit requirements of OMB Circular A-133, d. the cost principles contained in OMB Circular A-87, and e. the administrative guidelines contained in ONCDP's Financial and Administrative Guidelines. 2. Payment Basis Copies of invoices, canceled checks or recipient's check register, payroll and fringe benefit registers must accompany reimbursement requests. Reimbursement is authorized to be paid on a monthly basis. Payments will be made by check by the ONDCP direct grant recipient Monroe County Sheriff's Office. 1.2057 Pagel of 3 Special Conditions The following special conditions are incorporated into each ONDCP HIDTA Award. They are therefore incorporated into each HIDTA Reimbursable Agreement so that the reimbursing agency (the direct recipient of the ONDCP award) may be assured these special conditions have been met by the requesting agency (the Reimbursable Recipient, or RR). 1. In order to provide for compatibility, integration, coordination, and cost effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, RRs are . encouraged and authorized to enter into joint purchase or service agreements on a reimbursable or nonreimbursable basis with other HIDTA award recipients. 2. No federal funds shall be used to supplant state or local funds that would otherwise be made available for project purposes. 3. The operating principles found in 28 CFR Part 23,. which pertain to' information collection and management or criminal intelligence systems, shall apply to any such systems supported by this Reimbursable Agreement. 4. Prior to expenditure of confidential funds, the RR shall sign a certification indicating that he or. she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in Attachment B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This certification should be submitted to the South Florida HIDTA fiscal office. 5. The RR agrees to account for 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. Moreover, the use of program income must be consistent with the National Drug Control Strategy. 6. Where furniture has been approved in the budget, the RR will 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 HIDTA-approved task operations and initiatives for the transport of VIP Executive(s) or similar circumstances not relating to the goals and objectives of State and local law enforcement programs. The budget submitted with the proposal is approved. Funds up to 10% of the -total award 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 reprogramming or the aggregate of reprogramming per funding year. Any reprogramming of funds in excess of 10% of the award, or when aggregate` reprogramming will exceed 10% of award, requires the written approval of the South Florida HIDTA Director: The reprogramming must be within the same agency and the same initiative. Reprogramming of funds between agencies or initiatives require the written approval of the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming. In all cases the RR is responsible for requesting authorization to reprogram from the South Florida HIDTA Director and maintaining detailed records of said reprogramming. 9. The RR agrees to comply with the organizational audit requirements of OMB Circular A-133, "Audits of State and Local Governments." Upon request, an authorized copy of the management letter must be submitted with a copy of the audit report, no later than thirteen (13) months after the close of the RR's audited fiscal year, to the South Florida HIDTA, 8245 NW 53 Street, Miami, Florida 33166. 10. The RR agrees to submit operation reports as defined in the current year Program Guidance. ,�2p5�1 Page 2 of.3 11. Equipment acquired under the grant program must be used by the RR in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program, the equipment may be used in other activities supported by the Federal agency. The RR may dispose of the original equipment when no longer needed or supported by the grantor agency. Upon request, inventory lists must be supplied to the HIDTA Director to facilitate the sharing of equipment within and between the HIDTAs. Items to be inventoried include Communications, Computer & Related Equipment, Surveillance Equipment, Photo, Vehicles, Video, and Weapons. 12. The RR will be permitted to designate funds that would be matched or shared, however, these matched or shared funds will not constitute an obligation on behalf of the RR. 13. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. RRs are required to assure such items are not currently available, are not duplicative or excessive, and should make market surveys and obtain the best prices available. 14. The RR acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if RR is required to submit 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 reimbursement. 15. The RR agrees to complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States. ACCEPTANCE OF AGREEMENT -I Reimbursement Recipient HIDTA City of Miami Police Department South Florida HIDTA Name & Title Name & Title Chief Raul Martinez Timothy D. Wagner, Director ,.91g'—nature Signature T Date January 9, 2001 Page 3 of 3 12057 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in -the matter of CITY OF MIAMI ORDINANCE 11WYNWOOD/HIDTA CRIME AND DRUG DEMAND REDUCTION PROGRAM FUND, ETC. in the ........... XXXXX ...................... Court, was published in said newspaper in the issues of Apr 16, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County; Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publ' tion of the attached copy of advertisement; and affiant f rt r says that she has neither paid nor promised any per o firm or corporation any discount, rebate, com- missio o efund for the purpose of securing this advertise- ment fo ublication i the said newspaper. Sworn to and ?Vbscribed before me this Ap A 2001 ... Yayjbf ... ... .. ....... A.D......... .`........................ (SEAL)EP MA IA I. MESA Sookie Will��CC 885640XPIRES: March 42004 Thru Notary Public Underwriters • ✓NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City of Florida, will consider the following ordinances on second and final r on April 26, 2001 commencing at 9:30 a.m., in the City Comr Chambers, 3500 Pan American Drive, Miami, Florida: . 'ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION REGU- LATING THE PLACEMENT OF NEWSRACKS IN PUBLIC'. RIGHTS-OF-WAY IN THE CITY OF MIAMI BY REPEALING EX- ISTING ARTICLE VII OF CHAPTER 54 OF THE CITY CODE OF'- THE F'-THE CITY OF MIAMI, FLORIDA, AS AMENDED, PERTAINING TO SUCH REGULATION AND SUBSTITUTING, IN LIEU THEREOF, NEW ARTICLE VII IMPOSING SAFETY AND AES- THETIC RESTRICTIONS RELATED THERETO; PROVIDING FOR PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR' NEWSRACK CERTIFICATION PROCEDURES AND' FEES; REQUIRING INSURANCE AND INDEMNIFICATION; ESTABLISHING STANDARDS .FOR OPERATIONS, PLACE- MENT AND INSTALLATION OF NEWSRACKS; PROVIDING FOR ENFORCEMENT AND APPEALS,.MORE PARTICULAR- LY BY REPEALING SECTIONS 54-261 THROUGH 54-269 AND SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54- 271; PROVIDING DIRECTIONS FOR TRANSMITTAL OF COP-, IES OF THIS ORDINANCE; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. . AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND= ING CHAPTER 53/ARTICLE IV, OF THE CODE OF THE CITY- OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'STADIUM AND CONVENTION CENTERS/CONVENTION CENTER OF THE CITY OF 'MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT", 70 PROVIDE FOR..AN INCREMENTAL PARKING FEE SCHEDULE AND FOR SPECIAL PARKING RATES AT THE CONVENTION CENTER PARKING GARAGE; MORE PARTICULARLY BY AMENDING SECTION 53-181(4); CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR ANvEFF,ECTIVE DATE. ORDINANCE NO.. AN ORDINANCE..OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER ,i9 OF THE CODE OF THE CITY OF MIAMI, . FLORIDA, AS-AMENDEb, ENTITLED, "FIRE PROTECTION," WHICH SET'S -'FORTH FEES FOR FIRE INSPECTIONS AND a PERMITS; TO' `(-t) ADD FEES FOR CERTAIN NEW SERVICES, (2) COVER COSTS OF PERFORMING CERTAIN REVIEWS AND ENFORCEMENT, AND -(3) CLARIFY AND MODIFY CER- TAIN SERVICES AND FEES; MORE PARTICULARLY BY .AMENDING SECTION 19-2 OF SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI OMMISSION ESTAB- LISHING INITIAL RESOURCES AND INITIAL APPROPRIA- TIONS FOR A SPECIAL REVENUE FUND ENTITLED: "WYNWOOD/HIDTA CRIME AND DRUG DEMAND REDUC- TION PROGRAM FUND,' AND APPROPRIATING $42,000 TO SAID FUND' CONSISTING OF A GRANT FROM THE SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) CRIME AND DRUG DEMAND REDUCTION PRO- GRAM; AUTHORIZING' THE CITY MANAGER 'TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCU- MENTS, INA FORM ACCEPTABLE TO THE CITY ATTORNEY,. FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.' _ i AN "ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL. REVENUE FUND ENTITLED: "MIAMI'S PHOTOGRAPHIC COLLECTION PROJECT: 1940 THROUGH 1980" AND. APPROPRIATING 'FUNDS IN THE AMOUNT OF $8,000, CONSISTING OF A GRANT ADMINIS- TERED BY THE FLORIDA DEPARTMENT OF STATE, DIVI- SION OF LIBRARY AND INFORMATION SERVICES; _AU- THORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAIN- ING A REPEALER PROVISION AND A' SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed, ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. :.,All interested persons may appear at the meeting and maybe heard i with respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be :considered at this meeting, that person shall ensure that a verbatim., j'record of the proceedings'is made including all testimony and evidence upon which any appeal may be based. G,qY OFA► WALTER J. FOEMAN _ Ly Lcoac ONM1TED �r "CITY CLERK IB 96 q�F00.FtA��� (#9415) 4/16 01-4-02/153628M