HomeMy WebLinkAboutO-11957J-00-740
8/28/00 11-957
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
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.
a
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 additional award in the amount of $113,125 for the
continued operation of this Program; and
11 ;95'7
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.
Section 2. Ordinance No. 11332, as amended, adopted
September 12, 1996, is hereby amended in the following
particulars :1/
"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 $626,000 $739,125
APPROPRIATIONS: $626,090 $739,12S
�i 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
11957
Section 3. The City Manager is hereby authorized2l 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.
Page3 of 4 - 119 5 A
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
PASSED AND ADOPTED BY TITLE ONLY this -i14th day
Of September 1 2000.
JOE CAROLLO, MAYOR
In acmdance, with Miarni Code Sec. 2-36, since the Mayor did not Ind!cate approval of
this lagishtion by signing it in the deysign�aated 'ace provided, said legialar"o'c.* "11;'�V
a
becomes effective with the elapse of ten (10) d, �frorn the of CommiT i, ..t=
.r
regaidnq same, without the May exer isl �ve t
ATTEST:
, City Clerk
WALTER J. FOEMAN
CITY CLERK
-.10%
APPROVF.R-'*fS-AO FORMSTD CORRECTNESS : 6/
ILARELLO
ATTORNEY
.LB
371 :BSS
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
11957
•
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
F 4;: Car ;sA. Gime e
City anager
RECOMMENDATION
15
DATE : AUG 2 9 2C0L FILE :
SUBJECT: Proposed Emergency Ordinance
REFERENCES: Gang Resistance Education
ENCLOSURES: and Training (GREAT) Grant
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 $113,125 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.
CAGC/JLM/lr
11957
` 1
V
J-96-45
1/2/96 113 3 2
ORDINANCB NO.
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL
REVENUE FUND ENTITLED: "GANG RESISTANCE
EDUCATION AND TRAINING," AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $100,000, CONSISTING OF A GRANT FROM THE
BUREAU OF ALCOHOL, TOBACCO AM FIREARMS;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AWARD FROM SAID GRANTOR AND TO EXECUTE
THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE 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
WH -SP -BAS, the Gang Resistance Education and Training
("G.R.E.A.T.") 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 costs and other related expenses, with no matching
funds from the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
Z`�
11957
`i '.
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.
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
RESOURCESs Bureau of Alcohol, Tobacco
and Firearms $100,000
APPROPRIATIONS: Salaries/Overtime $ 49,240
Travel/Training $ 13,720
Rental Vehicles $ 90,
Other Related Expenses $ 16,950
Administrative Costs $ 11,000
Section 3. The City Manager is hereby authorized) 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 S. 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.
' The herein suthoriration 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 Charier and Code provisions.
-2- 9 5 7
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 S. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED BY TITLE ONLY this 25th day of
January , 1996.
.3-
S PHBN P. CLAftj MAYOR
- 119�rr
- ATT13�T -
'
WALTLR
CITY CL
BUDGETARY
R?V!E'W
S
MANOHAR S.
SUR.ANA
ASSISTANT
CITY MANAGE
.3-
S PHBN P. CLAftj MAYOR
- 119�rr
F4 Fz - 4.-99 r 1 e : @3
PREPARED AND APPROV BY;
�I
CHARLES C. MAYS
CHIRP ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
AF
AVA]90
J Ci
W097:csk:CCM
.11957
.11957
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;
11957 0
•
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
i
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 $300000 $185,000
APPROPRIATIONS: 4.g,Z40
lcsvol�saiaiag 3.3,�ZA
9,094
36.960
3.3 Goo
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 authorized 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.
Z The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but riot limited to those prescribed by applicable
City Charter and Code provisions.
2
11957 ..
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
ATTEST -
WALTER J. FOEMAN
CITY CLERK
day of May , 1997.
E CAROLLO, MAYOR
3 __.
1195 7
BUDGETARY AND .FINANCIAL REVIEW:
CXPAK PAREKH
DIRECTOR, DEPARTMENT OF BUDGET
APPROVEbb 4S TO FORM AND CORRECTNESS:
�n
A. WAN J S, III
CITY ATT EY
W297:CSK
11957
.TUU- 1 3-98 MON 1 5 33 P. 02
J-98-360
4/21/98
ORDINANCE NO. 11660
AN ORDINANCE AMENDING ORDINANCE NO. 11332,
ADOPTED JANUARY 25"', 1996, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR A
SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE
EDUCATION AND TRAINING-," BY INCREASINO 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;
WHEREAS, the Bureau of Alcohol, Tobacco and Firearms has approved an additional
award, in the amount of $55,000.00, for the continued operation of this successful program; and
WHEREAS, there are no matching funds required of the City of Miami; and
119517
.TUL- 1 3-98 MON 1' S 34
P _ 0:3
WHEREAS, any purchases would have to comply with applicable city code purchasing
requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA-
Section
LORIDASection 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.
Section 2. Section 2 of Ordinance No, 11332, adopted January 25", 1996, is hereby
amended in the following particulars: t
"Section 2. The following funds, as described herein, are hereby appropriated to "Gang
Resistance Education and Training" Special Revenue Fund:
FUND TITLE: GANG RESISTANCE EDUCATION AND TRAINING
RESOURCES: Grant from the Bureau of Alcohol,
Tobacco and Firearms $180,000 $18$5•a0Q
APPROPRIATIONS: $49,248
gel reisittg $13;;20
' Words and/or flgures stricken through shall be deleted Underscored words and/or figures shall be added.
The remaining provisions are now in effect and remain unchanged.
2
11957
J U L- 1 3- 9 8 MON 1 5: 3 5
BUDGETARY MEW:
DIPAK PAREW;96, DIRECTOR
OFFICE OF BT AND
MANAGEMENT ANALYSIS
PREPARED AND APPROVED BY:
AEL 0r DIAZ
DEPUTY CITY A ORNEY
4
LESS:
is'
P _ 05
.11957
JIJL--13-19S MON is 34 P_ 04
®__...,A.,
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 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,
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 a=rdance with Miami Coda Sec. 2-38, slnes the Mayor did not Indicate approval of
this legislation by signing K in the designated place proilded, said leq;s;at on nv:i
beco=s effec Ne with the elapse of ten (10) days from the date of Camrr:s I n act; ,n
regarding same, without the Mayor exerc- I a o.
ATTEST:
Walter , if m , City Clerk
WAL'T'ER J. FOEMAN, CITY CLERK
' The herein authorbation is bother subject to compliance with all requirements that may be imposed try
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
3
11957
J-99-334 11784
4/15/99
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
11957 "
May 7, 1997,, Ordinance No. 11332 was amended to accept additional'
grant monies in the amount of $85,000 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 $356,000, 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
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 $279,909 952s,000
and Firearms
APPROPRIATIONS: Gang Resistance Education
and Training 6$ Sg2g ono
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 authorized/ to
accept the grant from the Bureau of Alcohol, Tobacco and Firearms
and to enter into the necessary contract(s) 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
effect and remain unchanged.
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.
_ 3 - 19 517 4-
aforesaid monies for the operation of said 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 urgent' public need for the
preservation of peace, health,. safety, and property of the City
of Miami, and upon the further grounds of the necessity of the
City of Miami to make' the required and necessary payments to its
employees and officers, payment of its debts, necessary and
required purchases of goods and supplies, and to generally carry
on the functions and duties of municipal affairs.
Section 8. The 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
t
0- 0
immediately upon its adoption and signature of the Mayor.a/
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 aoprnval o,,
this legislation by signing it in the designated place provided, said gip:_ 4 :_ :c-:
becomes effective with the elapse of ten (10) days fr the d ccmr ;; a;c;ic
regarding same, without the Mayor exercising a, e .
ATTEST:
lValter J. man, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED
M
W692
CORRECTNESSe,
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.
- 5 - 1951
1. PURPOSE
• DEPARTMENT OF THE TREARY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON. DC 20226
COOPERATIVE AGREEMENT NO. ATC000081
BETWEEN
MIAMI, FLORIDA
0
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
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, FL (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, FL. 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 April 1, 2000 and
ends January 15, 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.
3. SCOPE OF WORK
In the Treasury, Postal Service and General Government
Appropriation Bill for the Fiscal Year ending
September 30, 2000, 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 personnel, as well as individuals
from community and civic groups, to develop a program that
educates youth about the dangers associated with joining
11957
COOPERATIVE AGREEMENT NO. ATC000081
street gangs. G.R.E.A.T. consists of three major phases:
Phase I School -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, FL
Miami, FL, 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 -
period classes to instruct a minimum of 7,000 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 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
middle/junior high school students within the Miami
school system.
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.
PHASES II and III OF G.R.E.A.T.
The LOCAL GOVERNMENT shall submit and implementation plan
for phases II and III prior to the beginning of either
phase. Implementation of Phases II and III must support
Phase I of this agreement and be in accordance with the
3
11957
COOPERATIVE AGREEMENT NO. ATC000081
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
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.
A longitudinal study is also part of the evaluation
process. and access to student school files, disciplinary
records, and related juvenile crime reports is necessary
for a comprehensive evaluation. Therefore, the LOCAL
GOVERNMENT must provide access to such records within
their control, but only to the extent permitted by law.
(3) The LOCAL GOVERNMENT agrees to provide an officer(s)
part-time, to assist the G.R.E.A.T. Program as a Team
Leader(s). 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
4
COOPERATIVE AGREEMENT NO. ATC000081
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 dollars of award.
Amount of'Award Required Weeks
$50,000
2
$100,000
4
$15.0,000
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 requirement. However,
it is suggested 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 4 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 quarterly progress
reports and quarterly requests for payments; to.certify
the 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. 70% of the total amount obligated under this
agreement.
(6) Capital expenditures such as computers, office
equipment, 'furniture, electronic and video equipment,
etc., may be reimbursed but only after prior approval for
the purchase is obtained from the Government Technical
5
•
Representative (GTR) .
.7
COOPERATIVE AGREEMENT NO. ATC000081
Requests for capital expenditures must be submitted in
writing to the GTR. The request shall include the
item(s) to be purchased, quantity, cost (per item), and a
justification as to why such an expenditure is required
and to how it benefits the G.R.E.A.T. Program.
Capital expenditures shall not exceed 20% of the total
amount obligated under this agreement.
The LOCAL GOVERNMENT must receive written approval from
the GTR prior to the purchase and reimbursement of
capital expenditures. Capital expenditures made without
prior written approval of the GTR will not be reimbursed
by ATF.
(7) The LOCAL GOVERNMENT shall submit to the GTR a
quarterly report within 30 days of the close of each
calendar quarter. 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 30 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.
Failure to submit quarterly 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, FL, $113,125 for
the school-based education phase of 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);
* G.R.E.A.T. training expenses, such as
instructional materials, workbooks, instructor
6
'
: r951
1
COOPERATIVE AGREEMENT NO. ATC000081
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
1.0 hours per week during training;
* Printed materials such as student handbooks,
culmination certificates, 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
such as. pamphlets, bumper stickers, hats,
T-shirts, buttons, pens and pencils.
(b) Funds obligated to the LOCAL GOVERNMENT under
this agreement shall also be used for Phases II and
III,of the G.R.E.A.T. Program.
(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.
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
7
11957
5.
COOPERATIVE AGREEMENT NO. ATC000081
elementary schools, to schedule four one -period sessions
to instruct third and fourth grade students on the
dangers of gangs, in accordance with 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.
FUNDING, PAYMENT AND SUBMISSION OF INVOICES
A ATF will obligate $113,125 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 not provide funding in excess of the amount
specified for each year -the agreement is in effect. The
LOCAL GOVERNMENT accepts responsibility for all costs
associated with the G.R.E.A.T. Program which exceed the
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 and one copy of the 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:
8
0
COOPERATIVE AGREEMENT NO. ATC000081
Bureau of Alcohol, Tobacco and Firearms
ATTN: Juanita Wright
P.O. Box 50418
.Washington; DC 20091-0418
A final agreement report shall be submitted by the LOCAL
GOVERNMENT within 30 days after the completion of the
project. This final report .will contain the date of
completion,.final expenses, and a statement that the
agreement is completed.
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
check(s) 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
completed by the Payee. The Taxpayer
Identification Number (TIN) must be provided.
The TIN is the Employer Identification Number.
Notice of each Direct Deposit will be
forwarded to the address listed..
(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 lockboxes.
9
X5"7.
COOPERATIVE AGREEMENT NO. ATC000081
(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 Communications
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
transfer 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.
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.
10
11957
COOPERATIVE AGREEMENT NO. ATC000081
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 end of the agreement's period of
performance and final payment. 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.
7. MODIFICATIONS
A. The CAO may at anytime, 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
' 11
COOPERATIVE AGREEMENT NO. ATC000081
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 is not
authorized to incur costs beyond those specified under
Section 5.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 listed regulations, policies, guidelines, and
requirements listed in the agreement, including OMB Circular
A -87 -Cost Principles for State, Local and Indian Tribal
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.
12
11957
COOPERATIVE AGREEMENT NO. ATC000081
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 approved
by the G.R.E.A.T. National Policy Board, including .but not
limited to brochures, curriculum, student handbooks,
instructor manuals,. 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 Products of Work
Official Products of Work,, quotations therefrom,
paraphrasing, or disclosures 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. Acknowledgement and Disclaimer
(1) All Official Products of Work, or any part
thereof, developed.through the use of funds provided
for under this instrument, when published by the
LOCAL GOVERNMENT or other participants in the work,
shall contain the following acknowledgement.and
disclaimer:
"The work that provided the basis 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 accuracy of the statements and interpretations
13
11957
The terms and conditions of.the cooperative
require specific approval by the agency of
collection of information or the collection
11. ' DISPUTES
agreement
the
procedures.
A. It is hereby,.agreed upon that this agreement is subject
to 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. "Claim," as used in this clause, means a written demand
or written assertion by one of the agreement parties
seeking, as matter of 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 disputed either
as to liability, or amount or is not acted upon in a
reasonable time.
D. (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.
(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,
15
1195,
COOPERATIVE AGREEMENT NO. ATC000081
contained in this publication. Such
interpretations do not necessarily reflect the
views of the Federal Government."
(2) All Independent and Special Products, or any parts
thereof, developed through the use of funds provided for
under :this instrument, when published by the Local
Government or other participants in the work, shall
contain the following acknowledgement and disclaimer:
"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
14
11957
•
(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.
F. The CAD's decision shall be final unless the�LOCAL
GOVERNMENT appeals or files a suit as provided in the
Act.
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, the parties, 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
16
1195']
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 (certified, if required); or (2) the
date .that payment otherwise would be due, if that date
is later, until the date of payment. With regard to
claims having defective certifications, as defined in
(FAR) 48 CFR 33.201, interest shall be paid from.the
date. that the CAO initially receives the 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'.
12. STOP WORK
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, cancelled 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 cancelled.
17
11957
13. TERMINATION
A. The Government may terminate performance of work
under this agreement in w -:ole, 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, tine 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.
(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 60 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 of termination.
14. REPORTS
A. The LOCAL GOVERNMENT shall submit to the GTR a quarterly
18
11,957
0 . 0
report within 30 days of the close of each calendar
.quarter. 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 30 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 quarterly progress reports or the
.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
(2 02) 927-7716.
C. The Government Technical Representative (GTR) is
Juanita Wright, located at P.O. Box 50418, Washington,
DC 20091-0418, phone number (202) 927-2160.
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) Constitutesa change of assignment or additional
19
11957
work outside the scope of work of the agreement;
(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.l. through 5. 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 entitled 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 than the CAO, the modifications will be considered to
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.
20
•
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 (QUARTERLY 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)
* Travel Reimbursement Sheet (ATTACHMENT
II)(make copies as needed)
Also complete and submit quarterly, the form provided
as attachment V .1 QUARTERLY PROGRESS REPORT (make
copies as needed).
21
LOCAL GOVERNMENT's sipature
William E. O'Brien. Chief of Police
li�
PRINTED NAME AND TITLE
04
AGREEMENT OFFICER'S sipature
L -*-co
Date
y
Date
x.1957
ti R
0.
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 NO. 11957
in the
XXXXX..................... Court,
wag pupblist2 5 in say6118P per in the issues of
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 o:.r
rpor an iscount, rebate, com-
mission or, refu h pose of s curing this advertise-
ment for publ' atio said news nor
-
........ .T....... -.-I .........-yr.
2 5 wgn�t�o�V, IiIl
subscribed before me thY0 0 0
day o ..�......6.�.n , A.D........
............... �.,...�.................
(SEAL) MARIA 1. MESA
Octelma V. Ferbe h�N # CC 885640
: ! R S: EXPIrch 4, 2004
%� JF riQ Bonded Thru Notary Public Undmvfiters
4`
C •r••
,( OTICE OF PROPOSED ORDINANCES, . y
II interested persons Will take notice that on the 14th of September,
0, the City Commission of Miami, Florida adopted the following titled
-,ORDINANCE NO. 11957
AN EMERGENCY ORDINANCE OFRRMI CITY COM-
MISSION AMENDING ORDINANCE NO. -11332, AS AMEND -
f ED,:ADOPTED JANUARY 25TH, 1996, WHICH ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR -A SPE-
CIAL REVENUEFUND ENTITLED "GANG RESISTANCE EDU-
CATION AND. TRAINING" TO )NCREASE APPROPRIATIONS
TO THE FUND IN THE AMOUNT OF $11'3,125;'CONSISTING_
OF A GRANT FROM -THE BUREAU OF ALCOHOL; TOBACCO
AND FIREARMS; AUTHORIZING THE CITY MANAGER TO
f- ACCEPT THE GRANT; AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY AT-
TORNEY, FOR THIS PURPOSE; CONTAINING.A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE^NO.-11958
AN ORDINANCE OF THE MIAMI CITY. COMMISSION ESTAB-
LISHING A SPECIAL REVENUE FUND ENTITLED: "AUTO
THEFT PREVENTION FUND"; AND APPROPRIATING FUNDS
IN THE AMOUNT OF $5,000 RECEIVED BY TNE._CITY._AS`A
CONTRIBUTION .FROM THE MIAMI-DADE ;CIRCUIT AND
-COUNTY COURTS; AUTHORIZING THE CITY MANAGER To.
ACCEPT THE FUNDS AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY.AT=
TORNEY, FOR SAID PURPOSES; CONTAINING A REPEAL-
ER PROVISION AND SEVERABILITY CLAUSE.-
,
ORDINANCE NO: 71959.
AN ORDINANCE,OF THE MIAMI CITY :COMMISSION ESTAB-
LISHING. A SPECIAL REVENUE FUND ENTITLED "VIRGINIA
KEY NATURE TRAIL DEVELOPMENT FUND';-APPROPRIAT- j
ING FUNDS FOR SAID PROJECT IN THE AMOUNT OF
.$79,873, CONSISTING OFA GRANT APPORTIONED BY THE "
;SOUTH FLORIDA COMMUNITY URBAN RESOURCES PART-
NERSHIP ("SFCURP") FROM THE U.S. DEPARTMENT OF,
AGRICULTURE, NATURAL RESOURCES AND CONSERVA-.
TION SERVICE; IN THE AMOUNT OF $19,973,. AND IN-KIND
—,.MATCHING ,FUNDS, `IN :THE AMOUNT OF $59,900, FROM
THE DEPARTMENT OF PARKS AND RECREATION GENER-
AL OPERATING BUDGET; AUTHORIZING THE CITY MANAG-
ERTO ACCEPT`SAID GRANT AND EXECUTE THE NECES-
F SARY DOCUMENT(S), IN A FORM ACCEPTABLE -TO -THE
.-CITY ATT_QRNEY, WITH THE SOUTH FLORIDA COMMUNITY
URBAN RESOURCES PARTNERSHIP, ADMINISTRATOR OF
'SAID GRANT; CONTAINING A REPEALER PROVISION,, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN.EFFEC:.'=
^� `TIVE DATE
O
R
D
INA
N
C
E
N0A.960 a
N ORDINANCE OF THE MIAMI -CITY COMMISSION AMEND-
NNG CHAPTER 4/ARTICLE I, QE,TyH-fS,. QpE.OG THS CI,TY�OF
_,MIAMI,_ FLORIDA A$ -;AMENDED,_ ENTITLED "ALCOHOLIC
BEVERAGES/IN GENERAL," TO ESTABLISH AN EXCEPTION
.TO DISTANCE LIMITATIONS FOR ESTABLISHMENTS,SELL-
ING ALCOHOLIC BEVERAGES WITHIN RESIDENTIAL BUILD-
INGS CONTAINING IN EXCESS OF 300 DWELLING UNITS
WITHIN THE DOWNTOWN AREA; MORE PARTICULARL`-Y BY'
AMENDING SECTION 4-11; CONTAININGA REPEALER -PRO-
VISION,. A SEVERABILITY CLAUSE,,,AND PROVIDING FOR, -.
AN. EFFECTIVE DATE.'
ORDINANCE NO `11961
AN ORDINANCE OF THE'MIAMI CITY COMMISSION; WITH
ATTACHMENT(S),.AMENDING. ORD] NANCE NO. 10544„A$.,
AMENDED, THE MIAMI.COMPREH.ENSIVE NEIGHBORHOOD
,PLAN. 1989-2000, BY AMENDING THE TEXT OF THE GOALS,,
OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE i
ELEMENT TO .AMEND.:P.OLICY LU -1.1.1.1, TO EXCLUDE
FROM URBAN INFILL AREA DESIGNATION THE FOLLOW- .,i
ING AREAS OF THE CITY OF -MIAMI: VIRGINIA KEY, WAT-
SON ISLAND; AND THE UNINHABITED_ ISLANDS OF BI -
"C }
SCAYNE BAY -THAT HAVE A ONSERVATION".LAND USE i
AND ZONING -CLASSIFICATION;.DIRECTING THE TRANS-
MITTAL OF THIS ORDINANCE, TO AFFECTED AGENCY (S); #
CONTAINING A REPEALER RRbyISION AND SEVERABILITY
CLAUSE, AND PROVIDING FOf3 AN EFFECTIVE.DATE:. 1
Said ordinances may be inspected by the public at the Office of
the City. Clerk, 3500 Pan American Drive, Miami, Florida; Monday_
! Through Friday, excluding holidays, between'the hours.of
and 5' p.m.
All interested persons may- the the meeting. andmaybe heard��
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 !
record of the proceedings is made including alltestimo_ny.and. evidence -
upon which any appeal maybe;based:
4 G� I VF
WALT
ER T`FOEMAN' 1
Leo," 9xa Y} CITY•CLERK
q�FCgF1A��O .
(#9329)
L 9/25__ __ '00-4-28/93383M;