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HomeMy WebLinkAboutO-11395J-96-1046 8/23/96 ORDINANCE NO. 11395 AN EMERGENCY ORDINANCE, WITH ATTACHMENTS, ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "VICTIMS OF CRIME ACT," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $31,661.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the Miami Police Department responds to approximately 100,000 calls per year where there is a victim of a crime; and WHEREAS, these victims, as well as the Police Department, would greatly benefit from having the services of an in-house Victim Assistance Counselor; and WHEREAS, the State of Florida, Office of the Attorney General, has approved an award, in the amount of $31,661.00, to be used for the payment of salaries for the counselors; and 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: ATTACHMENTS 11 CONTAINED 11395 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: Victims of Crime Act RESOURCES: State of Florida, Office of the $31, 661.00 Attorney General APPROPRIATIONS: Victims of Crime Act Salaries $30,441.00 Reporting $ 1,000.00 Training $ 250.00 Section 3. The City Manager is hereby authorized' to accept the grant as set forth in the Preamble to this Ordinance and to enter into the necessary contract(s) and/or agreements(s), in a form acceptable to the City Attorney, for acceptance of the aforesaid monies. 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or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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 The Grant period is from July lg`, 1996 to June 30th, 1997. It is, therefore, necessary to enact an Emergency Ordinance so that the Grant may be accepted and utilized to its full potential. ' 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. 2 11395 Section, 7. The requirements of reading this Ordinance on two separate days is hereby dispensed withi by an affirmative vote of not less than four -fifths of the members of the City r Commission. Secti6. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED BY TITLE ONLY this 12th day of September , 1996. ATTEST: '--*_ALTE­RJ_(E0E'MAN CITY CLERK BUDGETARY REVIEW: MICHAEL G AVIN, DIRECTOR OF FINANCE PREPARED AND APPROVED BY: CHMtES C. MAYS CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W186:CSK CAROLLO, MAYOR 3 11395 AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL 0 CITY OF MIAMI POLICE DEPARTMENT GRANT NO.: V6081 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General (the OAG) an agency of the State of Florida with headquarters being located in The Attorney General's Office, PL-01, The Capitol, Tallahassee, Florida 32399-1050, and City of Miami Police Department, 400 Northwest 2nd Avenue, Miami, Florida 33128, hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform the services hereinafter set forth. The Provider understands and agrees that all services are to be performed solely by the Provider and may not be subcontracted for or assigned without the prior written consent of the OAG. The Provider agrees to supply the OAG with written notification of any change in the project director, financial officer, or authorizing official. This Agreement shall be performed in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 60, No. 208, October 27, 1995, pp. 55051-55061 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide. ARTICLE 2. SCOPE OF SERVICES The Provider agrees to undertake, perform and complete the services described in the grant application, hereby incorporated as Attachment A to this Agreement. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on July 1, 1996, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through June 30, 1997. ARTICLE 4. AMOUNT OF FUNDS The OAG agrees to pay the Provider for those services which are completed in accordance with the terms and conditions of this Agreement and the grant application. The total sum of monies paid to the Provider for the costs incurred under this Agreement shall not exceed $31,661. The Provider agrees not to commingle grant funds with other personal or business accounts unless otherwise approved in writing by the OAG. 11395 ARTICLE 5. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application and approved by the OAG are eligible for payment with grant funds. The OAG and Provider understand and agree that funds must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 60, No. 208, October 27, 1995, pp. 55051-55061 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide. The Provider and the OAG agree that VOCA funds cannot be used as a revenue generating source and crime victims cannot be charged for services received from grant funds. Grant funds must be used to provide services to all crime victims regardless of their financial resources, or availability of insurance or third parry payments. The OAG and the Provider further agree that travel expenses paid by grant funds will not exceed state rates pursuant to Section 112.061, Florida Statutes (F.S.); that the Provider shall reimburse the OAG for all unauthorized expenditures; and that the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this agreement or after the termination date of the agreement. If the Provider is a unit of local or state government, the Provider must follow the written purchasing procedures of the government agency. If the Provider is a non-profit organization, the Provider agrees to obtain a minimum of three (3) written quotes for all grant -related purchases equal to or in excess of five hundred dollars ($500) unless it can be documented that the vendor is a sole source supplier. The OAG may approve in writing an alternative purchasing procedure. ARTICLE 6. PROGRAM INCOME Upon request, the Provider agrees to provide financial records and internal procedures regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. ARTICLE 7. METHOD OF PAYMENT This is a fixed price agreement. Reimbursement shall be made monthly based on Provider submission and OAG approval of an invoice. Payment shall be requested based on rates per units of service as identified below for a maximum amount not to exceed the amount described under Article 4. For a description of the service units, see Attachment B to this Agreement. Units to be Provided Rates Per Unit Budget Maximum Program Day $ 83.32 $30,411.00 Quarterly Reports $250.00 $ 1, 000.00 Technical Assistance Seminar $250.00 $ 250.00 2 11395 Payment for services shall be issued in accordance with the provisions of Section 215.422, F. S. Pursuant to Section 215.422(5), F.S., the Department of Banking and Finance has established a Vendor Ombudsman, to act as an advocate for vendors. The Vendor Ombudsman may be reached at (904)488-2924 or by calling the State Comptroller Hotline, 1-800-848-3792. ARTICLE 8. REPORT The Provider shall maintain documentation of all costs represented on the Reimbursement Request Form. At the OAG's option, the OAG may require that documentation of expenditures be submitted to the OAG prior to approval of the invoice. The OAG may withhold payment if contracted services are not satisfactorily completed. The final invoice is due to the OAG no later than 45 days after the expiration or termination of the Agreement. The Provider agrees to maintain and timely file such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. ARTICLE 9. DOCUMENTATION The Provider shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds. The Provider shall maintain a file for inspection by the OAG that contains all written invoices for all fees or other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit including the nature of the services performed or expenses incurred, the identity of the person(s) who performed the services or incurred the expenses, the amount of time expended in performing the services including the day on which the services were performed, and, if expenses were incurred, a detailed itemization of such. Documentation shall be maintained at the office of the Provider for a period of three years from the termination date of the Agreement, or until the audit has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access and examine all records, books, papers, case files, or documents related to the grant. ARTICLE 10. VICTIM ADVOCATE DESIGNATION The Provider agrees to have one staff member designated through the OAG's Victim Advocate Designation Training. In addition to the monetary figure in Article 4, an additional sum of $500 has been assigned to the Provider for training purposes as approved by the OAG. These funds may be used to offset expenses incurred in complying with this Article's mandate. ARTICLE 11. PROPERTY The Provider agrees to be responsible for the proper care and custody of all grant property and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. ki 11395 ARTICLE 12. AUDIT If the grant amount received exceeds $25,000, the Provider agrees to have an audit performed in accordance with the Rules of the Auditor General, Chapter 10.600, Audits of State Grants and Aids Appropriations, promulgated pursuant to Section 11.45, F.S., or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or, if the amount received does not exceed $25,000, the Provider agrees 'to have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. The audit or attestation, whichever applies, is to be submitted by the Provider to the OAG no later than 180 days following termination or expiration of the Agreement. Upon written request by the Provider, the OAG may approve submission of the 'audit at a later date. If the audit or attestation is not received in a timely manner, subsequent grant funds will be withheld. The Provider agrees to allow the OAG or its representative to conduct audits as deemed necessary by the OAG to ensure compliance with the terms and conditions of the grant. ARTICLE 13. PUBLIC RECORDS Unless specifically exempted by law, all records made or received by the Provider in conjunction with this Agreement are public records available for inspection by the public in accordance with the provisions of Section 119.07, F.S. Refusal of the Provider to allow public access to such records shall constitute grounds for cancellation of this Agreement. ARTICLE 14. TERMINATION OF AGREEMENT If, in the judgement of the OAG, the Provider for any reason fails to fulfill the obligations under this Agreement in a timely manner; or if the Provider should violate any of the covenants, agreements or stipulations of this agreement; or if the OAG determines that the Provider did not meet the terms and conditions of a prior year's agreement for the same or similar provision of services; the OAG shall have the right to terminate this Agreement by giving at least five (5) days written notice by registered mail to the Provider of such termination and by specifying the effective date. In the event this Agreement is terminated, all supplies, equipment and personal property purchased with grant funds shall be returned to the OAG. Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. The Provider agrees to return all unexpended funds to the OAG within 45 days of the effective date of termination or expiration of the Agreement. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for services provided through the effective date of termination. ARTICLE 15. AMENDMENTS Modification of any provision under this contract must be mutually agreed upon by all parties, and require a written amendment to this agreement. Cl 11395 ARTICLE 16. NONDISCRIMINATION No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement as proscribed by all applicable state and federal laws and regulations. Failure to comply with such state and federal laws will result in the termination of this Agreement. ARTICLE 17. AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument and its attachments embody the entire Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations or agreements on this same subject, verbal or written, between the parties. IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the CITY OF MLW POLICE DEPARTMENT have executed this Agreement. I A 1) - - / ,a, Donald H. Warshaw /rr,-Peter Antonacci Chief of Polic U Deputy Attorney General (DATE) 59-6000375 FID # of PROVIDER 5 41/ar/9T (DATE) 11395 ATTACHMENT A VOCA PROGRAM SERVICES CITY OF MIAMI POLICE DEPARTMENT THE SUBGRANTEE SHALL PROVIDE DIRECT SERVICES TO VICTIMS OF CRIME AND/OR THEIR SURVIVORS AS FOLLOWS: ■ Twenty-four hours a day, seven days a week availability of staff to go to the crime scene, hospital, victim's house or other designated point at the time the crime is reported to the program. ■ Twenty-four hour on -call crisis intervention counseling. ■ Short term supportive counseling. ■ Criminal court orientation. - ■ Transportation for services related to the initial victimization. ■ Accompaniment to line-ups, interviews and photopack review sessions. ■ Court escort services to and/or for court related activities such as interviews, depositions, pretrial hearings, trials and sentencing. ■ Family counseling relating to the victimization. ■ Transportation (other than for services related to the initial victimization). ■ Emergency legal advocacy. ■ Criminal justice support/advocacy. ■ Assistance in filing compensation claims. ■ Information and Referral. ■ Other, please list: Cellular telephone 911 program for victims of stalkings. 6 11395 ATTACHMENT B DESCRIPTION OF UNITS OF SERVICE CITY OF MIAMI POLICE DEPARTMENT THE SUBGRANTEE SHALL RECEIVE PAYMENT FOR THE FOLLOWING UNITS OF SERVICE: A. PROGRAM DAY - A program day constitutes the provision of services as described in Attachment A for a minimum of 24 hours a day, from July 1, 1996 to June 30, 1997. A 24 hour day is 12:00a.m - 11:59p.m. The OAG will be billed based on the Provider's certification and documentation of the number of 24-hour program days per month. B. QUARTERLY REPORT - A quarterly report as provided by the OAG must be completed and received by the OAG no later than October 15, 1996, January 15, 1997, April 15, 1997, and July 15, 1997. C. TECHNICAL ASSISTANCE SEMINAR - The Provider shall attend one of the OAG's three technical assistance seminars during July, 1996 or if attendance is not possible, a one on one training seminar shall be scheduled by the Provider and the OAG Grant Manager. D. DOCUMENTATION - The Provider must record and maintain documentation to support each invoice charge as described in the Agreement. 7 t1395 JLIL-F11-199,9 I Tv' ATTORNEY' S OFFICE 0541C,1804 P. Ci 1,'4l1 mr-41. City of Miami CTTY' ATTORNEY'S OFFICE MEMORANUUtvt TO: Walter J. Foeman DA7E: June 29, 1998 FILE; Ciry Clerk SUBJECT: Ordinances 11637,11395 and 11572 FROM. Maria J. Chiarot `,-- Assistant City Attorney REFERENCES; Your June 25, 1998 Memo ENCLOSURES: I have reviewed the above referenced ordinances establishing and amending the special revenue fund entitled "Victims of Crime Act," 1. The date of adoption of Ordinance No. 11395 was September 12, 1996 therefore the reference to its adoption date in Ordinance No.11637 ought to be corrected as a scriveners' error_ 2. Further, Ordinance No,11637 if read together with Ordinance No. 11395 and Ordinance No. 11572, in actuality amends Otdinance No. 11572 (which, in fact, amended Ordinance No, 11395) Therefore, in Ordinance No.11637 the dollar amounts are correct as in the original, and the language referring to "Ordinance 11395, as amended" is correct, tR lf'•['Ik i:d�icmmcs.do� CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: of the City Commission FROM: Cesar H. Odio City Manager RECOMMENDATION: SUBJECT: FILE : Proposed Emergency Ordinance REFERENCES: Victims of Crime Act ENCLOSURES: It is respectfully recommended that an Emergency Ordinance establishing a Special Revenue Fund entitled: "Victims of Crime Act," accepting a grant from the State of Florida, Office of the Attorney General, in the amount of $31,661.00, and appropriating said funds for the operation of same, be adopted. BACKGROUND: The Miami Police Department responds to approximately 100,000 calls per year where there is a victim of a crime. Approximately 7,000 of these are homicides, child abuse, sexual battery or domestic violence. All these victims have certain mandated rights in our state. Currently, most victim services are handled by patrol officers, with additional assistance from investigators. However, due to limited knowledge and time, victims of crime are seldom referred to available services. Victims of crime, as well as the Police Department would greatly benefit from having the services of an in-house Victim Assistance Counselor. To accomplish this task, the State of Florida, Office of the Attorney General, has authorized a grant, in the amount of $31,661.00, to be used towards the payment of salaries, reporting requirements, and training. The Grant period is from July 1', 1996 to June 30'b, 1997. It is, therefore, necessary to enact an Emergency Ordinance so that the Grant may be accepted and utilized to its full potential. 11395 07/24/96 ORDINANCE NO. AN EMERGENCY ORDINANCE, WITH ATTACHMENTS, ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "VICTIMS OF CRIME ACT," AND APPROPRIATIONING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $31,661.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the Miami Police Department responds to approximately 100,000 calls per year where there is a victim of a crime; and WHEREAS, these victims, as well as the Police Department, would greatly benefit from having the services of an in-house Victim Assistance Counselor; and WHEREAS, the State of Florida, Office of the Attorney General, has approved an award, in the amount of $31,661.00, to be used for the payment of salaries. 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 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: 11395 FUND TITLE: VICTIMS OF CRIME ACT RESOURCES: State of Florida, Office of the $31, 661.00 Attorney General APPROPRIATIONS: Salaries $30,411.00 Reporting $ 1,000.00 - Training $ 250.00 Section 3. The City Manager is hereby authorized' to accept the grant as set forth in the Preamble to this Ordinance and to enter into the necessary contract(s) and/or agreements(s), in a form acceptable to the City Attorney, for acceptance of the aforesaid monies. 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 The Grant period is from July 1st, 1996 to June 30tb, 1997. It is, therefore, necessary to enact an Emergency Ordinance so that the Grant may be accepted and utilized to its full potential. Section 7. The requirements 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. ' 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. 11305 Section 8. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 1996. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK BUDGETARY REVIEW: MANOHAR S. SURANA ASSITANT CITY MANAGER DEPARTMENT OF FINANCE 199 CHARLES C. MAYS CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL 0 CITY OF MIAMI POLICE DEPARTMENT GRANT NO.: V6081 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General (the OAG) an agency of the State of Florida with headquarters being located in The Attorney General's Office, PL-01, The Capitol, Tallahassee, Florida 32399-1050, and City of Miami Police Department, 400 Northwest 2nd Avenue, Miami, Florida 33128, hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform the services hereinafter set forth. The Provider understands and agrees that all services are to be performed solely by the Provider and may not be subcontracted for or assigned without the prior written consent of the OAG. The Provider agrees to supply the OAG with written notification of any change in the project director, financial officer, or authorizing official. This Agreement shall be performed in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 60, No. 208, October 27, 1995, pp. 55051-55061 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide. ARTICLE 2. $C'OPE OF SERVICES The Provider agrees to undertake, perform and complete the services described in the grant application, hereby incorporated as Attachment A to this Agreement. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on July 1, 1996, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through June 30, 1997. ARTICLE 4. AMOUNT OF FUNDS The OAG agrees to pay the Provider for those services which are completed in accordance with the terms and conditions of this Agreement and the grant application. The total sum of monies paid to the Provider for the costs incurred under this Agreement shall not exceed $31,661. The Provider agrees not to commingle grant funds with other personal or business accounts unless otherwise approved in writing by the OAG. 11395 ARTICLE 5. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application and approved by the OAG are eligible for payment with grant funds. The OAG and Provider understand and agree that funds must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 60, No. 208, October 27, 1995, pp. 55051-55061 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide. The Provider and the OAG agree that VOCA funds cannot be used as a revenue generating source and crime victims cannot be charged for services received from grant funds. Grant funds must be used to provide services to all crime victims regardless of their financial resources, or availability of insurance or third party payments. The OAG and the Provider further agree that travel expenses paid by grant funds will not exceed state rates pursuant to Section 112.061, Florida Statutes (F.S.); that the Provider shall reimburse the OAG for all unauthorized expenditures; and that the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this agreement or after the termination date of the agreement. If the Provider is a unit of local or state government, the Provider must follow the written purchasing procedures of the government agency. If the Provider is a non-profit organization, the Provider agrees to obtain a minimum of three (3) written quotes for all grant -related purchases equal to or in excess of five hundred dollars ($500) unless it can be documented that the vendor is a sole source supplier. The OAG may approve in writing an alternative purchasing procedure. ARTICLE 6. PROGRAM INCOME Upon request, the Provider agrees to provide financial records and internal procedures regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. ARTICLE 7. METHOD OF PAYMENT This is a fixed price agreement. Reimbursement shall be made monthly based on Provider submission and OAG approval of an invoice. Payment shall be requested based on rates per units of service as identified below for a maximum amount not to exceed the amount described under Article 4. For a description of the service units, see Attachment B to this Agreement. Units to be Provided Rates Per Unit Budget Maximum Program Day $ 83.32 $30,411.00 Quarterly Reports $250.00 $ 1,000.00 hnical Assistance FSeinar $250.00 $ 250.00 2 11395 Payment for services shall be issued in accordance with the provisions of Section 215.422, F. S. Pursuant to Section 215.422(5), F.S., the Department of Banking and Finance has established a Vendor Ombudsman, to act as an advocate for vendors. The Vendor Ombudsman may be reached at (904)488-2924 or by calling the State Comptroller Hotline, 1-800-848-3792. ARTICLE 8. REPORT - - The -Provider shall maintain documentation of all costs represented on the Reimbursement Request Form. At the OAG's option, the OAG may require that documentation of expenditures be submitted to the OAG prior to approval of the invoice. The OAG may withhold payment if contracted services are not satisfactorily completed. *The final invoice is due to the OAG no later than 45 days after the expiration or termination of the Agreement. The Provider agrees to maintain and timely file such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. ARTICLE 9. DOCUMENTATION The Provider shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds. The Provider shall maintain a file for inspection by the OAG that contains all written invoices for all fees or other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit including the nature of the services performed or expenses incurred, the identity of the person(s) who performed the services or incurred the expenses, the amount of time expended in performing the services including the day on which the services were performed, and, if expenses were incurred, a detailed itemization of such. Documentation shall be maintained at the office of the Provider for a period of three years from the termination date of the Agreement, or until the audit has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access and examine all records, books, papers, case files, or documents related to the grant. ARTICLE 10. VICTIM ADVOCATE DESIGNATION The Provider agrees to have one staff member designated through the OAG's Victim Advocate Designation Training. In addition to the monetary figure in Article 4, an additional sum of $500 has been assigned to the Provider for training purposes as approved by the OAG. These funds may be used to offset expenses incurred in complying with this Article's mandate. ARTICLE 11. PROPERTY The Provider agrees to be responsible for the proper care and custody of all grant property and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. 3 11395 ARTICLE 12. AUDIT If the grant amount received exceeds $25,000, the Provider agrees to have an audit performed in accordance with the Rules of the Auditor General, Chapter 10.600, Audits of State Grants and Aids Appropriations, promulgated pursuant to Section 11.45, F.S., or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or, if the amount received does not exceed $25,000, the Provider agrees 'to have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of the grant. The audit or attestation, whichever applies, is to be submitted by the Provider to the OAG no later than 180 days following termination or expiration of the Agreement. Upon written request by the Provider, the OAG may approve submission of the audit at a later date. If the audit or attestation is not received in a timely manner, subsequent grant funds will be withheld. - The Provider agrees to allow the OAG or its representative to conduct audits as deemed necessary by the OAG to ensure compliance with the terms and conditions of the grant. ARTICLE 13, PUBLIC RECORDS Unless specifically exempted by law, all records made or received by the Provider in conjunction with this Agreement are public records available for inspection by the public in accordance with the provisions of Section 119.07, F.S. Refusal of the Provider to allow public access to such records shall constitute grounds for cancellation of this Agreement. ARTICLE 14. TERMINATION OF AGREEMENT . If, in the judgement of the OAG, the Provider for any reason fails to fulfill the obligations under this Agreement in a timely manner; or if the Provider should violate any of the covenants, agreements or stipulations of this agreement; or if the OAG determines that the Provider did not meet the terms and conditions of a prior year's agreement for the same or similar provision of services; the OAG shall have the right to terminate this Agreement by giving at least five (5) days written notice by registered mail to the Provider of such termination and by specifying the effective date. In the event this Agreement is terminated, all supplies, equipment and personal property purchased with grant funds shall be returned to the OAG. Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. The Provider agrees to return all unexpended funds to the OAG within 45 days of the effective date of termination or expiration of the Agreement. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for services provided through the effective date of termination. ARTICLE 15. AMENDMENTS Modification of any provision under this contract must be mutually agreed upon by all parties, and require a written amendment to this agreement. 4 11395 ARTICLE 16. NONDISCRIMINATION No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement as proscribed by all applicable state and federal laws and regulations. Failure to comply with such state and federal laws will result in the termination of this Agreement. ARTICLE 17. AGREEMENT AS INCLUDING ENTIRE AGREEMENT - This instrument and its attachments embody the entire Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations or agreements on this same subject, verbal or written, between the parties. IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the CITY OF POLICE DEPARTMENT have executed this Agreement. =. lc Donald H. Warshaw eter Antonacci Chief of Polic Deputy Attorney General (DATE) (DATE) 59-6000375 FID # of PROVIDER 5 t1J95 ATTACHMENT A VOCA PROGRAM SERVICES CITY OF MIAMI POLICE DEPARTMENT THE SUBGRANTEE SHALL PROVIDE DIRECT SERVICES TO VICTIMS OF CRIME AND/OR THEIR SURVIVORS AS FOLLOWS: ■ Twenty-four hours a day, seven days a week availability of staff to go to the crime scene, hospital, victim's house or other designated point at the time the crime is reported to the program. ■ Twenty-four hour on -call crisis intervention counseling. ■ Short term supportive counseling. ■ Criminal court orientation. - ■ Transportation for services related to the initial victimization. ■ Accompaniment to line-ups, interviews and photopack review sessions. ■ Court escort services to and/or for court related activities such as interviews, depositions, pretrial hearings, trials and sentencing. ■ Family counseling relating to the victimization. ■ Transportation (other than for services related to the initial victimization). ■ Emergency legal advocacy. ■ Criminal justice support/advocacy. ■ Assistance in filing compensation claims. ■ Information and Referral. ■ Other, please list: Cellular telephone 911 program for victims of stalkings. 6 11395 ATTACHMENT B DESCRIPTION OF UNITS OF SERVICE CITY OF MIAMI POLICE DEPARTMENT THE SUBGRANTEE SHALL RECEIVE PAYMENT FOR THE FOLLOWING UNITS OF SERVICE: _ A. PROGRAM DAY - A program day constitutes the provision of services as described in Attachment A for a minimum of 24 hours a day, from July 1, 1996 to June 30, 1997. A 24 hour day is 12:00a.m - 11:59p.m. The OAG will be billed based on the Provider's certification and documentation of the number of 24-hour program days per month. B. QUARTERLY REPORT - A quarterly report as provided by the OAG must be completed and received by the OAG no later than October 15, 1996, January 15, 1997, April 15, 1997, and July 15, 1997. C. TECHNICAL ASSISTANCE SEMINAR - The Provider shall attend one of the OAG's three technical assistance seminars during July, 1996 or if attendance is not possible, a one on one training seminar shall be scheduled by the Provider and the OAG Grant Manager. D. DOCUMENTATION - The Provider must record and maintain documentation to support each invoice charge as described in the Agreement. 7 1-1395 CITY OF MIJAMI, FLORIDA LEGAL JTICE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Wllllams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flids Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11395 In the ..... 3CX)i'-j .................... Court, was published in said newspaper In the Issues of Sep 25, 1996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy f advertisement; and affiant further says that she has nel er aid nor promised any person, firm or corporation an disc unt, rebate, commission or refund for the purpose of Isecuillno this advertisement for publication In the said Sworn to and subscribed before me this ?.5. day ojo�. ,�pr...//.� A.D. 19. 96. (SEAL) RY POFFICIAL NOTARY S Sookie tAlllllams ,,#tnally k-*Tn t AMM LLERENA fc / �► flWltiSltON M M6ER ?� CC566004 MY COMMISSION EXPIRES of Flo JUNE 23.2000 All interested persons will take notice that on the 12th day of September, 1996, the City Commission of Miami, Florida, adopted the following tided ordinances: ORDINANCE NO.11389 AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDI- NANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25 1996; CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1995-1996; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11390 AN ORDINANCE ESTABLISHING THREE (3) NEW SPECIAL REVENUE FUNDS ENTITLED: 'JTPA TITLE IIA NET NEIGHBOR- HOODS JOBS PROGRAM (PY' 96)', 'JTPA TITLE IIC NET NEIGH- BORHOODS JOBS PROGRAM (PY '96)', 'JTPA TITLE III DISLOCATED WORKERS PROGRAM (PY '96)' AND APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $500,000, $200,000 AND $700,000 FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS; SAID FUND APPROPRIATIONS TO BE RETROACTIVE TO JULY 1, 1996; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11391 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'DADE COUNTY EMS GRANT AWARD (FY '95M)', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $288,DW, CONSISTING OF A $158,376 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITA- TIVE SERVICES 'GRANT PROGRAM FOR COUNTIES', AND $130,524' IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO.11392 AN ORDINANCE AMENDING THE CITY CODE, RELATING TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMP- LOYEES' RETIREMENT TRUST; MORE PARTICULARLY AMENDING SECTION 40-239 TO PROVIDE FOR COMPLIANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11393 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'CLEAN VESSEL ACT GRANT PROGRAM - DINNER KEY', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $50,000.00 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP AND TO EXECUTE THE NECESSARY DOCU- MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11394 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: 'CLEAN VESSEL ACT GRANT PROGRAM - MIAMARINA', AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $39,900.00 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM DEP AND TO EXECUTE THE NECESSARY DOCU- MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILTY CLAUSE. ORDINANCE NO. 113 AN EMER:.*FNCY ORDINANCE, WI HMENTS, ESTAB- LISHING A SPECIAL FUND ENTITLED: 'VICTIMS OF CRIME ACT; AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $31,661.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPT- ABLE TO THE.CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVIS;ON AND SEVERABILITY CLAUSE. All interested persons will take notice that on the 16th day of September, 1996, the City Commission of Miami, Florida, adopted the following titled ordinance: