HomeMy WebLinkAboutR-95-04976/30/95 RESOLUTION NO. 9 5 — 4 9
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE MIAMI POLICE DEPARTMENT TO PARTICIPATE IN
THE U.S. DEPARTMENT OF JUSTICE'S MODULAR UNIT
TRAILER LOAN PROGRAM AND ACCEPT TWELVE (12)
F.E.M.A. TRAILERS FROM SAID PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID ACCEPTANCE.
WHEREAS, the Miami Police Department has been offered twelve
(12) F.E.M.A. trailers, as described in Attachment II, from the
U.S. Department of Justice's Modular Trailer Unit Loan Program;
and
WHEREAS, the Police Department will use these trailers as
Community Policing Centers and other community -oriented law
enforcement purposes; and
WHEREAS, the U.S. Department of Justice is not charging the
City for the trailers;
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 herein as if fully set forth in this
Section.
Section 2. The Police Department is hereby authorized to
participate in the U.S. Department of Justice's Modular Trailer
Unit Loan Program and accept twelve (12) F.E.M.A. trailers, as
described in Attachment II, from said program.
ATTACHMENT (S)
SO
CONT,AINED
I
y CITY G01VItnssi N
JNlEET1NG O&'
J U L 1 3 1995
RoAolution No,
95— 497
Section 3, The City Manager is hereby authorize to
execute any necessary documents, in a form acceptable to the City
Attorney, for said acceptance.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of July 1995.
ST PHEN P. CLA K, MAYOR
ATTE T:
4J
ALTER J.
CITY
BUDGETARY REVIEW & APPROVED BY:
MANOHAR S. S
ASSISTANT CITY ER
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH.
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
W202/ABS/ss/csk
' 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 95- 497
COOPERATIVE AGREEMM FOR
USE OF FEDERAL EXCESS MODULAR
TRAILER UNITS
This Agreement is entered into by and between the• Office of the United*
States Attorney for the Southern District of Florida, the United Stags.
Department of Justice hereinafter referred to as USAp, wad. by and through
City of Miami Police Deparmerlt a state or local law anforcemeut 'agency
hereiaaf ter referred to As ( Agency) f under the authority of the Federal Property -
and Administrative Services Act .of ' 1949• as amended (40 Q.B.C. 1483 a and c)•Y
M6ney and Pittance Code, 31 U*S.C: 163051 and Public Contracts and Property.
management Regulations, 41 C.F.R. 101-43.302(a) .
Whereas. th6 Agency meets the requirements and wishes to cooperate with the
USAO in the furtherance of the objectives of the. U.S. Attorney's office Anti -
Violence and Cdzm city Empowerment Initiative which makes provisions for state'
and ).oval law enforcement agencies to acquire and use Federal- 3--cesis Mdular
Trailer Units, and
Whereas, the USM desires to assist and promote state and' local law
enforcement agencies' commitment to csmmtitnity policing and programs as part of
the U.S.' Attorney's office Anti -Violence and Community Empowerment Initiative,
Whereas, the USAO has authority to loan Federal Excess Modular Trailer
Units to state and local law enforcement agencies.
NOW TBEmapoRz, in consideration of the above, the parties hereto mutually
agree as follower
THE AGENCY SHALLt
1. Requisition only Federal Excess Modular Trailer Units that the Agency
can and will use efficiently.
2. Administer, account fox, use and dispose of Federal Excess Modular
Trailer Unite acquired in the uSAD Initiative in accordance with USM and General
Services Administration (GSA) written direction. c uriently, this direction is
contained in the Property Acquisition AstsistancQ 9sndbaok. (FSH 3109.12).
3. Establish controls necessary to *account for, Manager and use said
property in accordance with the Property Acquisition Assistance Handbook. (FSS
3109.12).
4. Perform physical inventory of accountable Federal. Esceua Modular
Trailer Units and reeaacile Agency records with USAO records at least once every
two years.
5. Ensure that Qmployees who are negligent in using Modular Trailer
Units are reprimanded or disciplined according to State administrative
regulations.
6. -Acknowledge that the Modular Trailer Units loaned under this
agreement carry no express or implied warranty and, on behalf of 'itself and its
agents, successors and assigns, agrees that it shall make no claim against the
United States government based on any apparent or latent defect in such loaned
equipment or supplies.
7. Agree to inddmaify and hold the United States government harmless
from any and all claims, or causes of action, of third parties, arising out of
the use or condition of the loaned units.
THE USAO SBALL:
410 1 VA
Y
1. Provide the Agency with the Federal mquisitiaa Assistance Handbook
(PSE 3109.12) and any subsequent Changes and instructions relating ttb the OSW
Modular Trailer Program.
2. Provide assistance'to the Agency in the acquisition, management and
disposal of all Federal Excess Modular Trailers.
3. Maintain -adequate records necessary to control Federal Excess Hodni
Trailers. at
4. Loan 'the Modular Trailer Units under this agreement without any
express or, implied warranty or representation, for itself or by any agency,
employee, agent or assign, as to its CoDditiour quality,. fitness for use,
'utility, or safety for any use or purpose whatsoever.
IT I& MUTMhMY }11GRE'ED SETWMM TIM PARTIES TIiAT:
1.. No:laember or Delegate to Congress or Resident Commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that may arise
therefrom but this provision shall not be construed as to extend to this
agreement if made with a corporationn for its general benefit.
2. Title (ownership) to all Federal. Excess Modular Trailers shall ruin
with the Unitdd States. ,
3. Nothing herein shall'be construed as obligating the USAO to expend
funds or as involving the United States in any contract or other obligations for
the future payment of money in excess of appropriations authorized by law and
administratively allocated for this work.
-4. This agreement shall be effective upon execution by the parties
hereto and remain in effect unless otherwise terminated.
S. Either party may terminate this agreement by providing 60 clays
written notice. Termination of the agreement will render the Agency ineligible
to continue participation in the'USM Federal Excess Modular Trailer program.
Upon termination of the agreement all Federal Excess Modular Trailer Units
assigned to the Agency will be prepared for transfer to the UM Service. The
Agency will assume all costa and expenses of transporting, relocating and storing
the Units to a designated holding site pending disposition of the unit by the.
USAoa Termination of as Agency`s eligibility to participate in this program will
only be made for cause, and after all other attempted resolutions have been
exhausted.
6. Designated Agency and Federal parties to this program will perform
jointreviews to assure compliance with the Property Fa rs::isition A3sistance
Handbook.
7. This Agreement does not supersede or alter any other written
agreement currently in effect but shall be construed as a supplemental instrument
covering the USAD Federal Excess Modular Trailer program as it relates to the
USAD Anti -Violence Community Empowerment Initiative.
ASSURANCES:
The Agency further assures and certifies that:
1. It has the legal authority to apply for Federal assistance and the
institutional, management and financial capability (including funds) sufficient
to pay for our responsibilities in the acquisition,, management and disposal of
Federal Excess Modular Trailers.
Z. It will establish safeguards to prohibit employee from using their
positions for a purpose that constitutes or presents the appearance of personal
95- 497
4
or organiiational' cbnflict of interest, or personal gain,
3. The trailer's location and activities conducted therein will be in
compliance with all applicable state, county acid local zoning and use .ordinances.
4. it will provide access to and the right to examine all records,
books, papers or documents relating to the Federal Excess Modular Trailer program
to the USAO and Comptroller General of the United States or their authorized
representative, access to and the right to examine all records, books, papers,
and documents related to this program; and will establish a proper accounting
system in accordance with generally accepted accounting standards or agency
directives. _
5. ' At all timer: during the term hereof, it will maintain and obtain. at
i-ts own coat and expense, comprehensive and liability insurance to toner the
units. ..
6. it will comply - with all redaral statutes relating to
nondiscrimination.. These include but are not limited to: •(a) Title VI of the
Civil Rights Act of 19.64 (P.L. 88-3S2) which prohibits discrimination on the
basis of race, color or national origin; (b) Title SY of the Education Amendments
of 1972, as amended (20 Q.S.C. Sections 1661-1683, and 1685-1686), which
prohibits discrimination 'on the basis of sex; (c) Section 504 of the Rehabili
tstion Act 'of 1973, as amended (29 U.S.C. Section 794), which prohibits discri-
mination on the basis of handicaps (d) the Acge Diseritair:wtioa Act of 1975, as
amended (42 AU.S.C. Sections 6101-6107), which prohibits diserimination•on the
basis of age: (e) Drug Abuse office and Treatment Act of 1972 (P.L. 92-25SI as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the
.Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabi-
litation Act *of 197b (P.L.. 91-616), as, amended, relating to nondiscrimina -tion
on basis at alcohol abuse or alcoholism (g) Sections 523 of the Public. Health
Service Act of 1912 (42 D.S.C. 290 dd.3 and 290 ee.3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the•
Civil Rights Act of 1968 (42 Q.S.C. Section 3601 of seq.), as amended, relating
to non-discrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) wader which application
for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statutes) which may apply to the application.
7. It will comply with all requirements imposed by the Federal
sponsoring agency concerning special requirements of law, program requirements,
and other administrative requirements.
6TATEM:WT OF SUBSTANTIAL INVOLVFbMST
The USAO and the Agency will cooperate in the implementation of the.-UBAO
Anti --Violence Initiative, the transfer, modification, use and disposal of Federal
Excess Modular Trailer Units. The Department shall continue to use property
acquired as long as it is used in accordance with the Federal Acquisition
Assistance Handbook.
ninez,Assistant�d AA. MartChief
04-12-95 CL
Date Agency Repre entat&ve
city of Miami Police Department
Agency
Date
See attached list./
trailer description / FEMA ID t
United States Attorney
for the southern
District of Florida
revised 4/4/95
95- 497
ADDENDUM II
F.E.M.A. ID #
9065-59
9065-61
9065-51
9065-56
9065-62
9057-10
9709-95
9066-70
9059-09
9709-264
T0956102
7226-032
DESCRIPTION
1979 Challenger #6018
1979 Challenger #6019
1979 Challenger #5999
1979 Challenger #6009
1979'Challenger #6028
1979 Pacer #34556
1979 All American #5595
1979 Berkley #5974
1979 Dolphin #13747
1979 All American #1169
1992 Nomad #ISN200M24PC000279
1977 Tidwell #7011
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM CA=19
TO : Honorable Mayor and Members DATE : Juv FILE
of the City Commission
SUBJECT: Proposed Resolution Accepting
12 F.E.M.A. Trailers
FROM Cesa 10 REFERENCES:
City er
' ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the attached Resolution
authorizing the Police Department to participate in the U.S.
Department of Justice's Modular Unit Trailer Loan Program and
accept twelve (12) F.E.M.A. trailers from said program;
authorizing the City Manager to execute any necessary documents,
in a form acceptable to the City Attorney, for said acceptance.
BACKGROUND:
The U.S. Department of Justice has offered the Police Department
twelve (12) F.E.M.A. trailers through their Modular Unit Trailer
Loan Program. The Police Department will use the trailers for
Community Policing Centers and other community -oriented law
enforcement purposes. The acceptance of these trailers will
alleviate the need to purchase_ any. The U.S. Department of
Justice is not charging the City for these trailers.
COOPERATIVE AMEEIdENT FOR
USE OF FEDERAL EXCESS HWULAR
TRAILER UNITS
ad
This Agreement in entered into by, and between the Office of the Uni t
States Attorney for the Southern Pi8tZict of rioridat the United States
Department of Justice hereinafter referred to as USM, andby and through
city of Miami Police De]2artmerLt a state or local. law enforcement 'agency
her _eina.f ter referred to as (Agency) I under the authority of the Pederal Property
and Admini-atrative Services Act -of'1949,, as amended (40 U.S.C. 1483 a and c)i
I .146ney and Finance Code, 31 V.S.C: J63051 and Public Contracts and Property.
Management Regulationst 41 C.F.P. 101-43.302(a).
Whereas, the Agency -costs the requirements and wishes to cooperate with the
uSAO in the furtherance of the objectives of the. U.S. Attorneys Office Anti —
Violence and Cc6=un#y Mupowerment Initiative which makes provisions for state'
and %ocal. law 4forcouent agencies to acquire and uAe Vaderal- 3tzce8g modular
Trailer Units# and
Whereas, the USAO desires to assist and promote state and' 1OCZl law
enforcement agencies' commitment to Community Policing and Programs as Pact Of
the U.S.' attorney's office Anti —Violence and Community Empowerment Initiative,
Whereas, the USA0 has authority to loan Federal Excess Modular Trailer
Units to state and local law enforcement agencies.
NOW TBEWWOM in consideration of the above, the parties hereto zatually
agree as followat
THE AGEH= SE=t
1. Requisition only Federal Excess Modular Trailer Units that the Agency
can and will use efficiently.
. 2. Administer, account f6r, use and dispose of Federal Excess Modular
Trailer Units acquired in the USAD Initiative in accordance with USM and General
Services Administration (GSA) written directioiu currently, this direction is
contained in the Property Acquisition Assistance Handbook. (PSH 3109.12).
3' Establish controls necessary to -account fore manzge, and use said
property in accordance with the property Acquisition Assistance Handbook. (PS11
3109.12).
4. Perform physical inventory of accountable Federal Excess Modular
Trailer Units. and. reconcile Agency records with USAO records at least once every
two years.
5. Ensure that employees who are negligent in using KWular Trailer
units are reprimanded or disciplined according to State administrative
regulations.
6. -Acknowledge that the Modular Trailer Units loaned under this
agreement carry no express or implied warranty and# an behalf of 'itself and its
agents, successors and assigns, agrees that it shall make no claim against the
United States government based on any apparent or latent defect in such loaned
equipment or supplies.
7. Agree to inddsmify and hold the United States government harmless
from any and all claims, or causes of action, of third parties, arising out of
.the use or condition of the loaned units.
THE USW SMALL:
95- 497
,a
ass f0f,
1. provide the,Agersey with the rederal Acquisiticm Asaiatance Handbook
(PS8 3109.12) and any subsequent charges and instructions relating tb the USAD
Modular Trailer Program.
2. Provide assistance* to the Agency in the acquisition, management and
disposal of all Federal excess Modular Trailers.
3. Maintain• adequate records necessary to control Federal Excess Modnlat
Trailers.
4. Loan 'the Modular Trailer Units under this agreement without any
express or. implied warranty or representation, for itself or by an agency,
employee, agent or assign, as to its conditionv quality,. fitness for use,,
utility, or safety for any use or purpose whatsoever.
IT IS MGTUAIW..,AGRHED BEFAM THE PARIMM TEAR':
le No:inember or Delegate to Congress or Resident Commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that may arise
therefrom but this provision shall hot be construed as to extend to this
agreement if made with a corporation for its general benefit.
2. • Title (ownershiP) to all Federal Excess Modular Trailers shall remain
with the United States. '
3 Nothing herein shall* be construed as obligating the USAA to expend
funds or as involving the United States in any contract or other obligations for
the future payment of money in excess of appropriations authorized by law, and
administratively allocated for this work.
A. This agreement shall be effective upon execution by the parties
hereto and remain in effect unless otherwise terminated.
S. Either party may terminate this agreement by providing 60 days
written notice. Termination of the agreement will render the Agency ineligible
to continue participation in the'USAO Federal Excess Modular Trailer program.
Upon termination of the agreement all Federal Excess Modular Trailer units
assigned to the Agency will be prepared for transfer to the USAO Service. The
Agency will assume all costa and expenses of transporting, relocating and storing
the Units to a designated holding site pending dispoaition of the Unit by the
USAO. Termination of an Agency`s eligibility to participate in this program will
only be -made for cause, and after all other attempted resolutions have been
exhausted.
6. Designated Agency and rederal parties to this program will perform
joint reviews to assure- compliance with the Property A gnisitioa A3-sistanee
Handbook.`
7. This Agreement does not supersede or alter any other written
agreement currently in effect but shall be construed as a supplemental instrument
covering the DSAo Federal Excess Modular Trailer program an it relates to the
USA® Anti -Violence Cmmnuz +ty Empowerment Initiative.
ASSURAIK=:
The Agency further assures and certifies that:
1 It has the legal authority to apply for Federal assistance and the
institutionale management and financial capability ( including fundel sufficient
to pay for our responsibilities in the acquisition, management and disposal of
Federal Excess Modular Trailers.
2. It will establish safeguards to prohibit employes from using their
positions for a purpose that constitutes or presents the appearance of personal
l!J ..
or organizational cbnflict of interest, or personal gain.
3. The trailer's location and activities conducted therein will be in
compliance with all applicable state, county aqd local coning and use ordinances.
4. it will provide access to and the right to examine all records,
books, papers or documents relating to the rederal Excess Nodular Trailer grogram
to the USAO and Cbeptroller General of the United 6tates•or their authorized
representative, access to and the right to examine all records# books, papers,
and documents related to this programs and will -establish a proper accounting
system in accordance with generally accepted accounting standards or agency
directives.
5.' At all times during the term hereof# it will maintain and obtain at
i-to own coat and. expense, comprehensive and liability insurance to cover the
units.
6.- it,• will comply with ail Federal statutes relating to
nondiscriminatibn.. These include but are not United tat *(a) Title VI of the
civil Rights Act ' of 1954 (P.L. 88-352) which prohibits discrimination on the
basis of race, color -or national origin; (b) Title I3;of the Education Amendments
of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685.1686), which
prohibits discrimination 'on the basis of sex; (c) Section 504 of the Rehabili-
tation Act•of 1973, as amended (29 Q.S.C. Section 794), which prohibits discri-
mination on the basis of handicaps (d) the Age Diacrininatioa Act of 1976, as,
amended (42 AU.S.C. Sections 6101-6107), which prohibits discrimination-= the
basis of age; (e) Drug Abuse office and 'Treatment act of 1972 (P. L. 92-255) as
amended, relating to nondiscrimination on. the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and. Alcoholism Prevention, Treatment and Rehahl-
litation Act 'of 197b (P.L.. 91-616), as. amended, .relating to nondiscrimina -tion
on basis of alcohol abuse or alcoholisa: (g) 6ections 523 of the Public. Health
Service Act of 1912 (42 U.S.C. 290 dd. 3 and 290 ee.3) , as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the
civil Rights Act of 1968 142 Q.S.C. Section 3601 et seq.)# as amended, relating
to non-discrimination in the sale, rental or financing of housing; (1) any other
nondiscrimination provisions in the specific statute(s) under which application
for Federal assistance in being made; and (j) the requirements of any other
nondiscrimination statuta(s) which may apply to the application.
7. It will comply with all requirements L a ed by the Federal
sponsoring agency concerning special requirements of law, program requirements,
and other administrative requirements.
smmMn OF SUBSTANTIAL nMOLVEHWT
The USAO and the Agency Will cooperate in the implementation of the. US=
Anti Violence Initiative, the transfer, modification, use and disposal of Federal
Excess Modulaa Trailer Units. The Department shall continue to use property
acquired as long as it is used in accordance With the Federal Acquisition
Assistance Handbook.
jt4p"Lnd Maxtinez,Assistant Chief
04-12-95
_Date Agency Repre entatSve
city of Miami Police Department
Agency
Date
See attached list./
trailer description % FEMA ID #
•il
United States Attorney
for the southern
District of Florida
revised 4j4/95
95- 497
F.E.M.A. ID #
DESCRIPTION
`9065,59
1979
Challenger #6018
9065-61
1979
Challenger #6019
9065-51
1979
Challenger #5999
9065-�56
1979
Challenger #6009
9065-62
1979
Challenger #6028
9057-10
1979
Pacer #34556
9709-95
1979
All American #5595
9066-70
1979
Berkley #5974
.9059-09
1979
Dolphin #13747
9709-264
1979
All American #1169
T0956102
1992
Nomad #ISN200M24PC000279
7226-032
1977
Tidwell #7011
497