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O-12065
J-01-315 4/13/01 ORDINANCE NO. 12065 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS -FOR A SPECIAL REVENUE FUND ENTITLED "CALI ENFORCEMENT GROUP TASK FORCE FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $83,280, CONSISTING OF A GRANT FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; AUTHORIZING THE EXPENDITURE OF GRANT FUNDS FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City of Miami has'been awarded a grant from the Executive Office of the President, Office of National Drug Control Policy, in the amount of $83,280; and WHEREAS, the grant will be used for overtime pay for police officers in targeting drug activities of the Cali Cartel, in cooperation with the Drug Enforcement Administration; and WHEREAS, no matching funds are.required from the City of Miami; and WHEREAS, any purchases must comply with applicable City Code procurement requirements; 12065 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: Cali Enforcement Group Task Force Grant Fund Resources: Executive Office of the President, Office of the National Drug Control Policy $83,280 Appropriations: $83,280 Section 3. The City Manager is authorized'/ to accept the grant from the Executive Office of the President, Office of the Drug Control Policy, and to execute the necessary documents, in a form acceptable to the City Attorney, for acceptance of the grant. Section 4. The expenditure of these grant funds. is authorized for the operation of the Task Force. Section S. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. ii 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 12065 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 shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 1O.th day of May , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th, day of May 2001. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami bode Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation novr becomes effective with the elapse of ten (10) days f m the date of Comma action regarding same, without the Mayos ex9fsrisipq a vm. �--� Walt r J. Fo an; 'pity Clerk WALTER J. FOEMAN CITY CLERK — _ AP VED 0 FO AND CORRECTNESS: JANDRO VILARELLO ITY ATTORNEY tj W1051:db:LB:BSS zi 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_Mayorvetoes 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 32065 Major Jorge Manresa . Miami Police Dept. 400 NW 2nd Avenue Room 307 Miami, FL 33128 Dear Major Manresa We are pleased to inform you that an Award, Grant Number #IIPMIP5101, has been , . approved in the amount of $83,280.00. This award to the Miami Police Dept. will support Multiple initiative(s) at the Miami High Intensity Drug Trafficking Area (H I [)T.A ). The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and return a copy to The National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative Agreement Award and. Special Conditions for your file. By accepting this award, you assume certain administrative and financial responsibilities. including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, "and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Phuong DeSear at 202-395-6739. 0 urt F. Schmid \ ational HIDTA Director Enclosures 12065 `r�pRES10F�,1� EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRAG CONTROL POLICY Washington, D.C. 20503 March 9, 2001 Major Jorge Manresa . Miami Police Dept. 400 NW 2nd Avenue Room 307 Miami, FL 33128 Dear Major Manresa We are pleased to inform you that an Award, Grant Number #IIPMIP5101, has been , . approved in the amount of $83,280.00. This award to the Miami Police Dept. will support Multiple initiative(s) at the Miami High Intensity Drug Trafficking Area (H I [)T.A ). The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and return a copy to The National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative Agreement Award and. Special Conditions for your file. By accepting this award, you assume certain administrative and financial responsibilities. including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, "and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Phuong DeSear at 202-395-6739. 0 urt F. Schmid \ ational HIDTA Director Enclosures 12065 Executive Office of the President AWARD Office of National. Drug Control Policy Cooperative Agreement Page i of 6 1. Recipient Name and Address 4. Award Number: I 1 PMIP5101 Miami Police Dept. 400 NW 2nd Avenue Room 307 5.Project Period: 2/1/2001 to 1/31/2003 Miami, FL 33128 Budget Period: _ 2/1/2001 to 1/31/2002 IA. Recipient IRSNendorNo. 6. Date: 3/9/2001. 7. Action © Initial 2. Subrecipient Name and Address 8. Supplement Number. Supplemental 2A. Subrecipient IRS/Vendor No. 9. Previous Award Amount 3. Project Title. 10. Amount ol'This A%%aril Multiple initiative(s) 11. Total Award $83,280.00 12. Special Conditions (Check, if applicable) XThe above Cooperative Agreement is approved subject to such conditions.or limitations as are set forth on the attached 5 page(s). 16. Statutory Authority for Grant: Public Law 106-554 ® AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving ONDCP 15. Typed Name and Title of Authorized Recipient Official Official Kurt F. Schmid -Major Jorge Manresa Offic of National DM Control Policy Miami Police Dept.. .16. Sigr�atu o pproving ND P Official 17. Signature of Authorized Recipient Date 18. Accounting Classification Code 19. HIDTA AWARD 12.005 • Executive Office of the President AWARD Office of National Drug Control Policy Cooperative;Agreement Pale I of 6 1. Recipient Name and Address 4. Award Number: 11 PMIP5101 . Miami Police Dept. 400 NW 2nd Avenue Room 307 5.Project Period: 2/1/200 1to 1/3 1 /2002 Miami, FL 33128. Budget Period: 2/1/2001 to 1/31/2002 1A. Recipient IRS/Vendor No. 6. Dater 3/9/2001 7. Action p Initial 2. Subrecipient Name and Address' 8. Supplement Number C1 Supplemental', 2A. Subrecipient IRS/Vendor No: 9: Previous Award Amount 3. ProjectTitle 10. Amount ofThis Award S5 3.35u.00 Multiple initiative(s) 11. Total Award. $83,280.00 12. Special Conditions (Check, if app ica e NX The above Cooperative Agreement is approved subject to such conditions or limitations as are set forth on the attached 5 page(s): 16. Statutory Authority for Grant: Public Law. 106-554 AGENCY APPROVAL I RECIPIENT ACCEPTANCE 14: Typed Name and Title of Approving ONDCP - 15. Typed Name and Title of Authorized Recipient Official Official Kurt F. Schmid Major Jorge-Manresa Offic of National D 'Control Policy Miami Police Dept. 16. Sig atu o pproving ND P Official 17. Signature of Authorized Recipient Date 7 � 18. Accounting Classification Code '19. HIDTA AWARD Office of National Drug Control Policy Attachment to Award # IIPMIP5101 Page 2 of 6 Award Recipient- Miami Police Dept. HIDTA Miami Initiative:. Multiple initiative(s) Project Contact: Mr. Tim Wagner Award Amount: $83,280.00 Award Period: 2/1/2001 to 1/31/2002. ONDCP Contact: All requests for payment and inquiries should. be submitted to: The National HIDTA Assistance Center 8401 Northwest 53rd Terrace, Suite 208 Miami, Florida 33166 (305) 716-3270 A. Conditions 1. The award is based on the detail budget attached to the application submitted for this initiative. This is your approved budget for the initiative and any deviation must comply with the reprogramming requirements as set forth in the ONDCP Guidelines. B. General Provisions 1. This award 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 ONDCP's Financial and Administrative Guidelines. X2065 Office of National Drug Control. Policy Attachment. to Award # IlPMIP5101 Page 3 of 6 2. Payment Basis OMB Standard Form 270 -.Request for Advance or Reimbursement shall be used to request payment. Copies of invoices, payroll registers, and canceled checks must accompany the SF 270 to provide documentation for the reimbursement request. Request for advances will be accompanied by detail specifying the. obligation. Documentation of how the advance was spent must be submitted before another advance or reimbursement can be requested. Funding for this award is authorized to be paid on a monthly basis. Payments will be made via Electronic Fund Transfer.to the award recipient's bank account. Recipients are,therefore requested to provide the following information in Block 10 of the SF 270: bank name, bank. address, bank telephone number, point of contact at the bank, American Bankers Association (ABA) number,,and account number. This -will provide the: banking information needed to make payments. to the proper bank account' The bank must be FDIC insured. It is desirable that the bank be a. member of the Federal Reserve System. The account must be interest bearing.. (All payments greater than $25,000 must be made by EFT. Recipients must request a waiver from this provision for payments less than $25,000). Except for interest earned on advances of funds exempt under the Intergovernmental Cooperaction Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act '(23 U.S.C. 450), grantees and subgrantees shall prointly, but at least quarterly, remit interest earned on advances to ONDCP. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. (21 CFR Section 1403.21 i) 3. Reporting Requirements Financial Status Reports (OMB Staridard•Form 269) will be,required quarterly during the award period. and at the end of the award. Performance reports will be required as specified in the Program Guidance: Note that the final financial reports should be cumulative for.,the entire award period. Performance Reports: Due as specified in the Program' Guidance.: Financial Status Reports (OMB Standard Form 269) should be submitted to Office of ; National Drug Control Policy, 75017` Street, NW, Washington DC 20503. Attn: • Phuong DeSear, Room 538. Phone: 202-395-6739, Fax:, -202-395-5176. 120.65. Office.of National Drug Control Policy Attachment to Award # II PMIP5101 Page 4 of 6. Special Conditions HIDTA Cooperative Agreements The following special conditions are incorporated into each award document. L In order to provide for compatibility,. integration, coordination, and cost effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, recipients are encouraged and authorized to enter into joint purchase or service agreements on a reimbursable or nonreimbursable bases with other HIDTA award recipients. Award recipients are authorized and encouraged to enter into joint purchases or service agreements 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 award. 4: Prior to expenditure of confidential funds, the award recipient or subrecipient 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 Assistance Center. 5. The award recipient 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 recipient will make every effort to utilized existing State and local surplus property prior to the purchase of any furniture, including computer furniture or items of similar nature. 7. The award recipient 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, 8. The budget submitted with the proposal is approved. 12065 Office of National Drug Control Policy Attachment to Award # IIPMIP5101 Page 5 .of 6 Reprogramming between budget categories within the same agency and initiative requires the approval of the respective HIDTA Director and must be in accordance with procedures established by the Executive Committee: Reprogramming of funds between agencies or initiatives requires the written approval of . the ONDCP HIDTA Office, regardless, of the dollar value of the' reprogramming. In all cases -the recipient is responsible for maintaining detailed records of.the reprogramming activities and forwarding notification to your HIDTA Director regarding . reprogramming activities as they occur. 9.. The recipient agrees to comply with the organizational audit requirements of OMB - Circular A-133, "Audits of State and Local Governments. The management letter must be submitted with the audit report. Audits must be submitted no later than thirteen (l 3 ) months after the close of the recipient organizations audited fiscal year. The submission of the audit report shall be as follows: An original and one copy shall be sent to the cognizant Federal Agency. Also; a copy of the audit report shall be sent to Office of National Drug Control Policy, 75017th Street,'NW;Washington DG 20503. Attn: Phuong DeSear, Room . 538. Phone: 202-395-6739; Fax: 202-395-5176. ' 10. The recipient agrees to submit operation reports as defined in the Current Year Program Guidance. 11.Equipment acquired under the grant program must be used by the recipient 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 recipient may dispose of the original equipment when no longer needed or supported by the grantor agency. 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 recipient 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 recipient. 12065 Office of National Drug Control Policy Attachment to Award # IIPMIP5101 Page 6 of 6 13. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. Recipients are required to assure such items are not currently available, are riot duplicative or excessive, and should make market surveys and obtain the best prices available., 14. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient 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 the drawdown of funds. 15. The recipient agrees to complete and keep on file, as appropriate, Ininnigration and Naturalization Service Employment Eligibility Verification Forni (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS Jorge L. Manresa Typed Name Major'.of Police Title (Signature) Date. x.2065 Budget Detail Report Fiscal Year: 2001 HIDTA Location: Miami Grant: IIPMIP5101 . Task Force: Cali Enforcement Group Recipient Agency: Miami PD Resource Agency: Miami PD Overtime: Position Hours. Rate Amount Police Officers 5.00 $9,519.00 $47,595 Total Overtime: $47,595.00 Total: $47,595 �2a6� Page 1 of 2 Budget Detail Report Fiscal Year: 2001 HIDTA Location: Miami Grant: IlPMIP5101 Task Force: Street Gangs Recipient Agency: Miami PD Resource Agency: Miami PD Overtime: Position Hours Rate Amount Police Officers 15.00 $2,379.00 $35,685 Total Overtime: $35,685.00 Total: $35,685 The Honorable Mayor and Members of the City. Commission enez City Mana SECOND READING ORDINANCE APR 3 0:j_l1 Proposed Ordinance 10 Cali Enforcement Group Task Force RECOMMENDATION It. is respectfully recommended that., the City Commission adopt the attached Ordinance which establishes initial resources :and appropriations for a Special RevenueFund entitled: "Cali Enforcement Group Task Force," accepting a grant, in the amount of $83;280, from the Executive Office of the President, Office of National Drug Control Policy. There are no matching funds required of the City of Miami. BACKGROUND The Miami Police Department, along with the Drug Enforcement Administration, will continue their on-going efforts in targeting the Cali Drug Cartel by utilizing various methods to break up their operations. To accomplish this task, the Department of Police has received. a grant, which will be used for the payment of overtime. CAG /JLM/lr .12065. • g.. 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/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 "CALI ENFORCEMENT GROUP TASK FORCE FUND" in the ............. XXXXX..................... Court, was published in said newspaper in the issues of May 14, 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 publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corpor n any discount, rebate, com- mission or refur�eM. ort purp a of securing this advertise- ment for pub=atiD he sat newspaper. WOMEN JOU subscribed before me this ., 2001 day d) A ...i// ............/ J... , A.D........ (SEAL) MARIA MARIA i. MESA := MY COMMISSION # CC 885640 Octelma V. Ferbeyre personal! tdpe. EXPIRES: March 4, 2004 pF Fl°.•` Bonded Thru Notary Public Undewriters ; - vu u;r ure,,-rr�rauawesrueg, u a..vrti�r�•. , . OTICE OF PROPOSED°ORDINANCES otice is hereby given'that the City Commission of the City of Miami, >Florida, will consider the fl ng on second and final reading on May 24, 20Q1'commencing'at_9:30'a.m., in the Ciry'Commission Chambers, 3500 Pari Amdrican'Drivg, Miami; Florida: r, 0�111IN'ANC F Nl); ' AN -ORDINANCE OF'THEMIAMI CITYCOMMISSION ESTAB LISHIN6 NITIAL RESOURCES AND`APPROPRIATIONS FOR ' ='t `A SPECIAl1 REVENUE FUND ENTITLED''£AL•I ENFORCE-' `;'k4tNT GROUP TASK -FORCE FUND ,"'AND;' APPROPRIATING FUNDS IN:THE•AMOUNT•OF $83,280; 'CONSISTING.OF'A:. ',:GRANT FROM -THE` EXEGOTIVE OFFICE` OF' THE PRESI- DENT; OFFICE OF NATIONAL DRUG CONTRW'POLICY; AND AUTHORIZING THE CITY MANAGERTO E.XECUTE.ALL ',., --NECESSARY= DOCUMENTS, IN: A FORM ACCEPTABLE -TO. THE CITY ATTORNEY, -TO ACCEPT THE GRANT; AUTHORIZ INGTHE,EXPENDITURE OF`GRANT FUNDS FOR THE OPER- ATION'OFTHEPROGRAm; CONTAINING A REPEALER'PRO-- •.VISION AND SEVERABILITY CLAUSE. ~' _ _t ; ORDINANCE NO."' s "AN ORDINANCE OF THE MIAMI CITY COMMISSION; MAKING'" APPROPRIATIONS RELATING TO OPERATIONAL AND BUD- t 'r GETARY REOUIREMENTS FOR FISCAL YEAR ENDING SEP- ' 'TEMBER 30, 2001;'REVISING ONGOING CAPITAL'IMPROVE MENT PROJECTS- AND MAKING APPROPRIATIONS FOR._ NEIN-PROJECtS SCHEDULED TO -BEGIN 1N FISCAL -YEAR-- ' 2000-2001;' CONTAINING -A REPEALER'_PROVISION' AND" r " ;SEVERABILITY CLAUSE: 'ORDINANCE NO.' "t'AN ORDINANCE OF THEMIAMI CITY COMMISSION AMEND -T'.' . INGCHAP.TER'2/ARTICLEXI'/DIVISION 6.OF THE CODE OF r THE' CITY, OF MIAMI;+FLORIDA, AS AMENDED, ENTITLED' .,ADMINISTRATION /"BOARDS, -COMMITTEES,' COMMIS--_ -'$IONS / MIAMI,SPORTS AND EXHIBITION AUTHORITY"- TO, ItAL_`LOW CITY'COMMISSIONERS TO BE APPOINTED AS EX-` OFFICIO'VOTING.MEMBERS OF THE MIAMI'SPORTS AND . EXHIBITION"AUTHORITY ("MSEA"); MORE-PARTICUtARLY }. 'BY'AMENDING SECTIOW2=1013(3) OF SAID CODE CON=� TAINING 'A REPEALER PROVISION AND A SEVERABILITY CLAUSE;` PROVIDING FOR AN EFFECTIVE DATE. . Said proposed ordinances may be'inspecled'by O 4 public at fhe Office of-the'City'Clerk; 3500'Pan American Drive, Miami, Florida, Monday through` Friday; excluding holidays, between the hours of, 8 a.m. and 5� t Ail interested persons may appear at the meeting and maybe heard I with respect to proposed ordinances. Should any person desire to ap- peal any decision of the -City Commission with respect to any matter to be consitlgred atalis -meeting, that -person -shall ensure that a verbatim record_ of the, proceeding§. is: