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Home My WebLink AboutR-98-0497J-98-473 5/ 14/98 RESOLUTION NO. 9 8— 497 A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CONVERSION OF TWO BUSES BY PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED INDUSTRIES, INC., (PRIDE), A FLORIDA CORPORATION ESTABLISHED UNDER SECTION 946.504(7), FLORIDA STATUTES, TO CARRY OUT THE PROVISIONS OF SECTION 946.502, FLORIDA STATUTES, SAID CONVERSION BEING AUTHORIZED UNDER THE "MIAMI/MIAMI- DADE WEED AND SEED PROGRAM," AT A TOTAL PROPOSED COST OF $98,800.50; ALLOCATING FUNDS THEREFOR FROM THE WEED AND SEED ASSET FORFEITURE GRANT, ACCOUNT CODE NO. 142013.290493.6.270. WHEREAS, the Miami Police Department and Miami -Dade Police Department were awarded a joint Weed and Seed Asset Forfeiture Grant totaling $100,000; and WHEREAS, the total award of $100,000 was distributed equally between the Miami Police Department, $50,000, and Miami -Dade Police Department, $50,000; and WHEREAS, the Miami -Dade Transit Authority has donated a total of three (3) buses to the Program; one to the Miami -Dade Police Department and two to the Miami Police Department; and WHEREAS, the grant provides for each agency to have one each of their respective buses converted into mobile police stations; and WHEREAS, the one bus donated to the Miami -Dade Police Department and one of the buses donated to the Miami Police Department will be the ones converted; and WHEREAS, the Miami Police Department is the administrator of the total grant funds; and CITY COS MEETII+TG QF ATTACHMENT frx MAY 2 s Ws CONTAINED aesolutioarno. WHEREAS, funds for this conversion are available from the Weed and Seed Asset Forfeiture Grant, Account Code No. 142013.290493.6.270, and WHEREAS, the City Manager and the Chief of Police recommend that the procurement of the proposed bus conversions from PRIDE, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the preamble to this Resolution are hereby adopted by reference thereto and incorporated as if fully set forth in this Section. Section 2. The conversion of two buses by Prison Rehabilitative Industries and Diversified Industries, Inc., (PRIDE), a Florida Corporation established under Section 946.504(7), Florida Statutes, to carry out the provisions of Section 946.502, Florida Statutes, said conversion being authorized under the "Miami/Miami-Dade Weed and Seed Program," at a total proposed cost of $98,800.50, is hereby approved, with funds therefor hereby allocated from the Weed and Seed Asset Forfeiture Grant, Account Code No. 142013.290493.6.270. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 2 6 th day of May 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation -Orr becomes effective with the elapse of ten (10) days from the date of Ccmm s°dry ATTEST: regarding same, without the Mayor ex rc' 'ng veto. Wa . Foe ,City Clerk WALTER J. FOEMAN CITY CLERK 2 98- 497 PREPARED AND APPROVED BY: r t� OLG IREZ-SEIJ ASSI ANT CITY ATT W2520:CSK:ORS 98 - 497 Page 1 Citation/Title FSA § 946.515, Use of goods and services produced in correctional work programs *90983 West's F.S.A. § 946.515 WEST'S FLORIDA STATUTES ANNOTATED TITLE XLVII. CRIMINAL PROCEDURE AND CORRECTIONS CHAPTER 946. INMATE LABOR AND CORRECTIONAL WORK PROGRAMS PART II. LEASED OR MANAGED WORK PROGRAMS Current through End of19971st Reg. Sess. 946.515. Use of goods and services produced in correctional work programs (1) Any service or item manufactured, processed, grown, or produced by the corporation in a correctional work program may be furnished or sold to any legislative, executive, or judicial agency of the state, any political subdivision, any other state, any foreign entity or agent thereof, any agency of the Federal Government, to any contract vendor for such agencies or any subcontractor of the contract vendor, or to any person, firm, or business entity if not prohibited by federal law. (2) No similar product or service of comparable price and quality found necessary for use by any state agency may be purchased from any source other than the corporation if the corporation certifies that the product is manufactured by, or the service is provided by, inmates and the product or service meets the comparable performance specifications and comparable price and quality requirements as specified under s. 287.042(1)(f) or as determined by an individual agency as provided in this section. The purchasing authority of any such state agency may make reasonable determinations of need, price, and quality with reference to products or services available from the corporation. In the event of a dispute between the corporation and any purchasing authority based upon price or quality under this section or s. 287.042(1)(f), either party may request a hearing with the Division of Purchasing IFNI] and if not resolved, either party may request a proceeding pursuant to ss. 120.569 and 120.57, which shall be referred to the Division of Administrative Hearings within 60 days after such request, to resolve any dispute under this section. No party is entitled to any appeal pursuant to s. 120.68. (3) Agricultural commodities, including, but not limited to, sugar cane, vegetables, beef, and dairy products, may be sold to private entities or may be sold or disposed of as provided in subsections (1) and (2). The corporation may contract with any political subdivision of this state to operate a fish and seafood processing plant and to spawn and grow fish and seafood for sale as provided in this subsection. However, the corporation may not breed or sell live tropical fish. *90984 (4) The provisions of part I of chapter 287 do not apply to any purchases of commodities or contractual services made by any legislative, executive, or judicial agency of the state from the corporation. (5) In addition, the corporation may contract to provide inmate services or inmate goods to private enterprise, where such services or goods are under the direct supervision of the corporation and, further, where it is determined by the Governor that the corporation by the provision of such services or goods does not unreasonably seek to compete with other businesses in this state. (6) If, pursuant to a contract between any legislative, executive, or judicial agency of the state and any private contract vendor, a product or service is required by the Department of Management Services or on behalf of any state agency, is certified by or is available from the corporation identified in this chapter, and has been approved in accordance with subsection (2), the contract must contain the following language: Copyright (c) West Group 1997 No claim to original U.S. Govt. works 98- 497 Page 2 FSA § 946.515, Use of goods and services produced in correctional work programs IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. (7) The provisions of ss. 946.21 and 946.518 do not apply to this section. CRO1 [FN11 Deleted in the reorganization of the Department of Management Services by Laws 1997, c. 97-296, § 3. CREDIT(S) 1997 Electronic Pocket Part Update CROI Amended by Laws 1996, c. 96-270, § 7, e . May 29, 1996; Laws 1996, c. 96-410, § 323, off. Oct. 1, 1996; Laws 1997, c. 97-227, § 9, e, . May 30, 1997. «For additional credits, if any, see Historical Note field.» <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1997 Electronic Pocket Part Update Laws 1996, c. 96-270, § 7, eff. May 29, 1996, in subsec. (1), substituted references to foreign entities and agents for references to foreign governments, and allowed services and products to be furnished or sold to any persons, firms, or business entities authorized by the federal government; in subsec. (3), substituted a reference to agricultural commodities for a reference to raw agricultural products at the beginning of the first sentence, and added the last sentence, relating to live tropical fish; and in subsec. (5), substituted "the corporation by the provision of such services or goods does not unreasonably seek to" for "such services or goods do not unreasonably" following "Governor that". Copyright (c) West Group 1997 No claim to original U.S. Govt. works 9 8 - 497 5- 5-98 ; 2:34PM ;CITY OF MIAMI POLICE 30557793399;# 2/ 5 1108 ORDINANCE NO. � , A.'Y ORDINANCE ESTABLISHING A' SP':CIAAL , REVENUE FUND' - ENTITLED: •. "WEED A�I.D . $EED ASSET FoRftfT(ility' AND APPROPRIATING S FOR THE OPERATION : dF SAME LET . A TOT�AMOONT* 'OF . $100"000.00;,'CONSISTING OF A GRANT TROM TEE• U. S,. DEPARTMIENf OF - WSTICE, FEMRAL ; BUREAU OF -M-ESTIGATION .(FBI); AUTHORIZI!�IG THE CITE' MANAGER ?O ACCEPT SAID GRANT AND. ' TO EXECUTE THE NECESSARY DOCUMENTS; IN A FORM ACCEPTABLE TO •TIE ' CITY ATTORNEY, FOR �TH1S_ PURPOSE; CONTAINING,. A - REPEALER PROVISION 'AND SEVEMBIL[TY CLAUSE. WHF.RF.AS, the City of Mami Polict Department, in conjunction with the Mimi -Dade'. vice Department an+d the Federal Bureau of Investigation, is committed to controlling and reventin crime drug abuse, gan activi and im rovip the u4li of safe in tar etod 8. 8 3. tY• P 8 9� h' 8 • eighbarhoods; and , t 1%4MREAS, funds Rom this grant will be used for •tbe payment of overtime, equipz�cnt ntals and purchases, law enforcement operational expenses, and. other relaters costs; and VME;L_ EAS, no matching fu s dre required tiom the City of, Miami; and 4 WHEREAS, the grant tofal of $100,000 wili be apportioned whereby S50,000, is slated for.' . Miami Police Department and the other $50,009 for Miaitu-Dade Police Department; and . SENT BY=BUDGET UNIT 5- 5-98 ; 2:34PM ;CITY OF MIAMI POLIC& 3055P79339�9* 3/ 5 11MREAS, the FBI will reimburse the Miami Police;l�eparvi ft t for ail expenses and, in rn, theltiar mi Police Departlrnent will then reimburse Miami -Dade Polito for then portion of the xpenses, and WHEREAS, Any ,purchases would have to `comply with applicable city code purchasing �qulrernents, : NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY; OE L,AMIJWRIDA-. } Soction 1. The recitals and Findings contained in the preamble to this Ordinance 1 are reby adopted by reference thereto and incorporated herein as if idly seat forth in this Section. - S-oction 2. The (off' Ang Spacial Revenue Fund is iuceby' established. And resources are reby appropriated as described herein: "FUND TITLE: WEED AN1) SEED ASSET FORFEITLU RESOURCES: U.S. DEPARTMENT OF JUSTICE. Federal Bureau df Investigation4 *100.000.00 APPROPRIATIONS: Necessary expenses for the operation, " of Weed and Seed Asset Forfeiture man atttount not to exceed 5100,000.00 Sectiat 3. The City Manager is hereby authorize& to accept the grant as set forth in the: Areamble tc this Ordinance and to execute the necessary documents', in a form acceptable to the ity Attorney; "for acceptance of iho atbresaid monies. P.Tbe kra)a autbod7.atiou is futther subject to wmOisnce with all mquiir.wiwnts that maybe imposed by die City `Attorney, including but not limited to ftse preseribod by applicablo city Chafrer and code provisions. i 98- 497 ; 2:35PM IC OF MIAMI POLICE- 3055793399;# 4l 5 SENT BY:BUDGET UNIT 5- 5-98 P 23. „ Section 4. All Qrdiri$nCes or part of Ordinances insofar, as they are inconsistent or in onflkt wiih,tbe provisions. of this Ordinance are hereby repealed. Section S. If any section, part of section, paragraph, plause,; phrase, or, word of this ordinance is declared invalid, 4he remaining previsions of this Ordi6ance'sh811 not be affected, Section 6. This QrOinancc.will become tftective t*ty (30j days after Fiat reading' -and doption thereof PASSED ON FIRST READING: BY TIME .ONLY ; this 10 th __ day of ]!larch 1998. PASSED AND ADOPTED ON SECOND, AND. FIN4 READ NG BY TITLE ONLY his 1 -th day of And_ JOE CAROLLO, MAYOR I ti'�DQOtd�lrice w>rh Mfem[ COO Sec. 2.34, 0mce the Ma 418tlpft 6 W did rot inacate epproyal of 4 tirp 1 N1 the das'! to place Atcvlded, Baia b , R, � Bd8giV8 Wlttlgis.4i,t r ';:Oi� the altg of ten?lf6 da from the date of Ce ►e�anding iarnpr`wlthoilt pw Mayor rnir.ss%h'e-t;oa • oerngn, City .,!ark WALTHR J. FOEIMAN,.CITY CLERK BU.00ETARY REVIE DIPAK PAPAkH, DI'RECTOW SUMET 8i: MAONAGEMENT ANALYSIS 9g- 497 SENT BY:CITY OF MIAMI 5- 7-98 ;11:39AM ; PROCUREMENT MGMT.- 3055793399;# 2/ 2 0 -0 946.515 Use ofgoodsand services produced incorrectionalwork programs. (1) Any service or item manufactured, processed, grown or produced by the corporation in a correctional work program may be furnished or sold to any legislative, executive or judicial agency of the state, any political subdivision, any other state, any foreign entity or agent thereof, or any agency of the Federal Government, or to any contract vendor for such agencies or any subcontractor of the contract vendor, or to any person, firm, or business entity if authorized by federal law. - (2) No similar product or service of comparable price and quality found necessary for use by any state agency may be purchased from any source other than the corporation if the corporation certifies that the product is manufactured by, or the service is provided by, inmates. and the product or service meets the comparable performance specifications and comparable price and quality requirements as specified under s. 297.042 (1) (i) or as determined by an individual agency as provided in this section. The purchasing authority ofany such state agency may make reasonable determinations of need, price, and quality with reference to products or services availablefrom thecorporation. In the evetitofadisputebetween the corporation and any purchasing authority based upon price or quality under this section or s. 287.042 (1) (f), either party may request a hearing with the Division ofPurchasing and i fnotresolved, either party may request a proceedingpursuantto s.120.57, which shall be referred to the Division ofAdmbdstmtive Hearings within 60 days after such request, to resolve my dispute under this section. No party is entitled to any appeal punuant to s. 120.63, (3) Raw agricultural commodities, including, butnot limited to, sugar cane, vegetables, beef, and dairy products, may be sold to private entities or may be sold or disposed of as provided in subsections (1) and (2). The corporation may contract with any political subdivision of this state to operate a fish and seafood processing plant and to spawn and grow fish and seafood for sale as provided in this subsection. However, the corporation may not breed or sell live tropical fish. (4) The provisions of Part I of Chapter 287 do not apply to any purchases ofcommodities or contractual services made by any state agency from the corporation. (5) In addition, the corporation may contract to provide inmate services or inmate goods to private enterprise, where such services or goods are under the direct supervision of the corporation and, further, when it is determined by the Governor that the corporation by the provision of such services or goods does not unreasonably seek to compete with other businesses in this state. (6) If, pursuant to a contract between any legislative, executive, or judicial agency of the state and any private contract vendor, a product or service is required by the Department of Management Services or on behalfof any state agency, is certified by or is available from the corporation identified in this chapter, and has been approved in accordance with subsection (2). the contract trust contain the following Ianguage: -11 is expressly understood and agreed that any articles which arc the subject of, or required to carry out this contract, shall be purchased from the corporation identified under Chapter 946, F. S.. in the same manner and under the same procedures set forth in Sections 946.515 (2), and (4), F.S.; and for purposes of this contract the person, firm. or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporations are concerned." (7) The provisions of ss. 946.21 and 946.518 do not apply to this section. 98 - 497 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMMENDATION CA-4 DATE: May 26, 1998 FILE: SUBJECT: Proposed Resolution REFERENCES: Conversion of Donated Buses for the Miami/Miami-Dade ENCLOSURES: Weed & Seed Program It is respectfully recommended that the City Commission adopt the attached Resolution approving the proposed conversion bid to PRIDE Enterprises, as authorized under Florida State Statute 946.515(2)(4) (attached), at a total proposed amount of $98,800.50. Funding is available from the Weed and Seed Asset Forfeiture Grant, Account Code No. 142013.290493.6.270. BACKGROUND The Police Department along with the Miami -Dade Police Department were awarded $100,000 ($50,000 each) through a Weed and Seed Asset Forfeiture Grant which is to be administered by the Miami Police Department. The Miami -Dade Transit Authority donated a total of three (3) buses to the Program; one to the Miami -Dade Police Department and two to the Miami Police Department. The one bus donated to the Miami -Dade Police Department and one of the buses donated to our Police Department will be the ones converted. The second bus donated to our Police Department will not be converted. 'It will be utilized for transportation purposes. The buses converted to mobile police stations by PRIDE Enterprises will be assigned to each department. The Miami Police Department, as the administrator of the grant funds, will be responsible for the payment of both conversions from the cumulative grant award of $100,000. c: Donald H. Warshaw Chief of Police 9 8 - 497