HomeMy WebLinkAboutO-10088ORDINANCE NO. 1 0 U 8 8
AN EMERGENCY ORDINANCE ESTABLISHING A
NEW
SPECIAL REVENUE FUND ENTTTLED: "HAITIAN
CHILD ABUSE EDUCATION PROGRAM FY'136",
AND
APPROPRIATING FUNDS FOR THE OPERATION
OF
SAME. IN THE AMOUNT OF $54,545 FROM
THE
UNITED STATES DEPARTMENT 01, HEALTH
AN1)
HUMAN SERVICES THROUGH THE STATE
OF
FLORIDA AND DADE 000NTY'S OFFICE OF
THE
DADE-MIAMI CRIMINAL JUSTICE COUNCIL;
AND
AUTHORIZING THE: CITY MANAGER TO ACCEPT
THE
$54,545 GRANT A14ARD FROM THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES;
CONTAINING A REPEALER PROVISION AND
A
SEVERABILITY CLAUSE..
WHEREAS, the Office of the Dade -Miami. Criminal Justice
Council has, on behalf of the United States Department of Health
and Human Services, offered the City of $54,545 grant to develop a
citizen participation structure among public and private
organizations, the business sector, and community residents and
leaders interested in crime prevention and child abuse in the
Haitian Community; and
WHEREAS, the funding period of this grant is December 1,
1985 through October 31, 1986; and
WHEREAS, the grant award will. provide the necessary funds
for two (2) Community Involvement Specialists in Miami's Police
Department to carry out the goals and objectives of the grant;
NOW, THEREFORE, BE IT ORDAINED BY THE COMPASSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The following Special Revenue Fund is hereby
established and resources are hereby appropriated as described
herein:
FUND TITLE: }lniti.an Child Abuse 1"ducation Program
RESOURCE: United States Department of Health and Haman
Services through the State of Florida and
Dade County"s Office of the_ Dade - Miami
Criminal Justice Council
$54,545
APPROPRIATION: Haitian Child Abuse Education Program $54,545
Section 2. 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 agreement(s) for the
acceptance of the Haitian Child Abuse Program grant.
5_ction 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. 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 5. 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 6. The requirement of reading this ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
-2-
100$8
PASSED AND ADOPTED this 18th day of March , 1986.
ATTEST•
MATT IRAI, CITY CLERK
BUDGETARY REVIEW:
MANOHAR S.
DEPARTMENT
GRANTS REVIEW:
/JO�HNR. BALDWIN
GRANTS ADMINISTRATOR
IRECTOR
KENT AND BUDGET
LEGAL REVIEW:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED ,IDS zTO FORM AND CORRECTNESS:
LUC'iA A. -DOUGH RTY
CITY ATTORNEY 5
/
XAVI.ER L. SUAREi,YOR
11ir:1i, f L , 1. , t'i:• Wit%• of Mh.11ni. 1:!•.n itl t,
it
0tv Clerk
-3-
11
• •J
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO DATE: MAR 1 2 986 FILE.
Honorable Mayor and Members _
of the City Commission SUBJECT.
"Haitian Cnild Abuse
Education Program"
FROM REFERENCES
Cesar H. Odiok��
City Manager ENCLOSURES:
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "HAITIAN
CHILD ABUSE EDUCATION PROGRAM FY'86", AND
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $54,545 FROM THE
UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES THROUGH THE STATE OF
FLORIDA AND DADE COUNTY'S OFFICE OF THE
DADE-MIAMI CRIMINAL JUSTICE COUNCIL; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
$54,545 GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICE;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
The United States Department of Health and Human Service through
the State of Florida and Dade County Office of the Dade -Miami
Criminal Justice Council has offered the City of Miami $54,545.00
grant to strengthen citizen participation in crime prevention and
child abuse in the Haitian community for the period December 1,
1985 through October 31, 1986.
This grant, which is in its third year of funding, will allow the
Community Relations Section to continue its efforts to improve
communication problems and bridge the gap between the Haitian
population and the community at large, and continue to address
the concerns of the Haitian Community in areas of employment,
housing, communications, child abuse, cultural and assimilation
problems.
The goals and objectives of this grant will be carried out by two
(2) Community Involvement Specialists in the Miami Police
Department.
• •J
Honorable Mayor and Members
of the City Commission
Page 2
Adoption of this ordinance has become critical since there has
been considerable delay in getting this agreement processed. The
Police Department was originally given an incomplete contract for
signature in early January. When the error was discovered, the
Criminal Justice Council sent a new contract with a revised
format, which required review by the Risk Management Division and
the Law Department prior to being submitted for Commission
action. Due to the County Risk Management Division requiring
clarification of the City's insurance coverage, we missed the
February agenda deadline.
Therefore, it is imperative that this Ordinance be adopted as
soon as possible if the City wishes to continue to receive these
funds.
No matching funds are required by the City.
1.
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND ENTITLED: "HAITIAN
CHILD ABUSE EDUCATION PROGRAM FY'86", AND
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $54,545 FROM THE
UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES THROUGH THE STATE OF
FLORIDA AND DADE COUNTY'S OFFICE OF THE
DADE-MIAMI CRIMINAL JUSTICE COUNCIL; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE.
$54,545 GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Office of the Dade -Miami Criminal Justice
Council has, on behalf of the United States Department of Health
and Human Services, offered the City of $54,545 grant to develop a
citizen participation structure among public and private
organizations, the business sector, and community residents and
leaders interested in crime prevention and child abuse in the
Haitian Community; and
WHEREAS, the funding period of this grant is December 1,
1985 through October 31, 1986; and
WHEREAS, the grant award will provide the necessary funds
for two (2) Community Involvement Specialists in Miami's Police
Department to carry out the goals and objectives of the grant;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The following Special Revenue Fund is hereby
established and resources are hereby appropriated as described
herein:
"'N
FUND TITLE: Haitian Child Abuse Education Program
RESOURCE: United States Department of Health and Human
Services through the State of Florida and
Dade County"s Office of the Dade -Miami
Criminal Justice Council $54,545
APPROPRIATION: Haitian Child Abuse education Program $54,545
Section 2. 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 agreement(s) for the
acceptance of the Haitian Child Abuse Program grant.
Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. 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.
"t Section 5. This ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need fNr 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 6. The requirement of reading this ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
-2- 10088
PASSED AND ADOPTED this day of
ATTEST:
MATTY HIRAI, CITY CLERK
BUDGETARY REVIEW: /
. 1986.
XAVIER L. SUAREZ, MAYOR
MANOHAR S. I
VA
IRECTOR
DEPARTMENTMENT AND BUDGET
GRANTS REVIEW:
_ JOHN R. BALUWIN
GRANTS ADMINISTRATOR
LEGAL REVIEW:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED S�;LORM AND CORRECTNESS:
LUCrA A. -DOUGHT�RTY
CITY ATTORNEY l
-3-
100818
OFFICE OF THE
METROPOLITAN DADE COUNTY,
FLORIDA
DADE•MIAMI CRIMINAL JUSTICE COUNCIL
JACKSON MEDICAL TOWERS
SUITE 901
METRO'DADE
► 1500 N.W. 12TH AVENUE
®
MIAMI, FLORIDA 33136
(305) 545.4400
January 7, 1986
COUNCIL MEMBERS
Mr. Alvin E. Guilford
Chairman
RE: FY 1985-86 Contract Execution
Dr. William Stokes
vice-chairman
Dear Project Director:
Or. Eduardo Padron
2nd Vice Chairman
Your assistance is sought in helping our office to negotiate
Hon. Seymour Gelber
the prompt execution of your Project's FY 1985-86 contract.
Chairmen Emeritus
Ms. Linda S. Berkowitz
In error, you were given an incomplete contract for
Dr. Leonard Britton
signature during the early part of the FY ' 85-86 fiscal year.
Hon. Bennett H. Brummer
Hon. Silvio Cardoso
However, important information regarding your Project's Board
Hon. Joe Carollo
of Directors was inadvertently omitted from that contract.
Hon. Harry Cohen
Dir. Fred Crawford
Because of the missing information, we are unable to execute
Dr. Joseph H. Davis
the document previously submitted. Therefore, we request
Chief Clarence Dickson
Chief Edward A. Donaldson
that you kindly contact the appropriate officers from your
Hon. Charles D. Edelstein
Chief John Fletcher
Project's Board of Directors to sign the new pages (see
Dean Adam Herbert
enclosed contract) .
Dlr. Bobby L. Jones
Mr. Dewey W. Knight, Jr.
Hon. Betty Andrews Lantz
The signed contract _pages should be returned to the nf fice of
Hon. Clara Oesterle
Mr. Sergio Pereira
the Dade -Miami Criminal Justice Council, no later than
Hon. J. L. Plummer
January 24, 1986.
Hon. Janet Reno
Ms. Francena Thomas
Han. Otis Wallace
Please contact your Contracts Officer at 545-4400, if you
Hon. Gerald T. Wetherington
have questions.
Dr. Jeffrey M. Silbert
Executive Director
Your prompt attention to this matter is urged.
Mr. Russell R. Burrell
Deputy Director
Sincerely,
CRIMINAL JUSTICE SERVICES:
Community Conflict Resolution
Services
Ursula Fowlkes
Criminal Justice
Program Management Supervisor
Employment Services
Criminal Justice
Entrant Employment Program
OF • JWM • 1Cr
Criminal Justice Public Information
6 Education Services
CubanlHaillan Intake and
Enclosure
Case Management
Domestic Intervention Program
Family Services Program
Intergovernmental Affairs
Project
Juvenile Alternative
Services Project
Juvenile Culinary
Arts Training
Juvenile Restitution Program
Supervised Juvenile Services
Tralhc Safety Coordination
Victim Assistance Program
•
105.0143A Rev. 10185
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• •. �T.; ..•1^.05 Ito IRI
•n. _ '�+.Trs^u•.r. --.._. ... _r,.+n...,awnr•n•��w.•rr-
Y_J
QR�R (0 ffm
February 10, 1986
Dr. Jeffrey M. Silbert
Executive Director
Office of the Dade -Miami
Criminal Justice Council
Jackson Medical Towers, Suite 901
1500 N.W. 12th Avenue
Miami, F1 33136
CESAR H. 0010
City Manager
Dear Dr. Silbert:
The following pertains to the agreement between the City of Miami
and Metropolitan Dade County regarding the Service Delivery Work
Program. We are specifically responding to the request for proof
of public liability insurance coverage as outlined in Article
III, Section C of the agreement.
Please be advised that the City of Miami self -insurers against
all liability risks. This is accomplisiied in accordance with
Section 18-93 of the Miami City Code which creates the City's
Self -Insurance and Insurance Trust Fund, the principal purpose of
which is "the payment of claims and judgements against the City
involving the acts of officers or employees of the City or
property belonging to the City."
If you have any questions concerning the nature or condition of
this program, please direct them to the Risk Management Division
of the Finance Department, 65 S.W. 1st Street, Miami, F1 33130
or call 579-6058.
Sincerely,
Che yl Goicoechea
Assis ant Risk Manager
CMG:cv
i FINANCE DEPARTMENT / Risk Management Division / P.O.Box 330708 / Miami , Floirda 33233-0708 !(305) 579-6058
7 �
10088
AGREEMENT BETWEEN METROPOLITAN DADE
COUNTY AND THE CITY OF MIAMI
This agreement, entered into this 1st day of December 19 85
by and between Metropolitan Dade County, a political subdivision of the State of
Florida, hereinafter referred to as "County", through its Office of the Dade -Miami
Criminal Justice Council and The City of Miami -
a body corporate duly organized and existing under and by virtue of the laws of the
State of Florida as a non-profit organization having its principal office at
3500 Pan American Drive, Miami, Florida
hereinafter referred to as "Provider".
_ WHEREAS, the County is desirous of obtaining the services as described in
Appendix A from the Provider and the Provider is desirous of furnishing such
services.
NOW, THEREFORE, in consideration of the promises, and the mutual covenants and -
obligations herein contained, and subject to the terms and conditions hereinafter _
stated, the parties hereto understand and agree as follows:
ARTICLE I
DEFINITIONS, PURPOSE
A. DEFINITIONS
(1) "County" means Metropolitan Dade County acting through its Office of the
Dade -Miami Criminal Justice Council.
` (2) "ODMCJC" means the Office of the Dade -Miami Criminal Justice Council.
(3) "Director" means the Executive Director of the Office of the Dade -Miami
Criminal Justice Council or his designee.
(4) "ODMCJC Approval" means the written approval of the Director or his designee
of the Office of the Dade -Miami Criminal Justice Council.
(5) "Provider" means 'the City of Miami through the City of Miami Police
(6) "DCA" means the State of Florida Department of Community Affairs.
j (7) "BPSM" means the Bureau of Public Safety Management, a subdivision of the
i "DCA".
1
(8) "HHS" means Department of Health and Human Services.
(9) "Appendix A" means Service Delivery/Work Program and Line Item Budget as
approved by ODMCJC and including all applicable certifications and documents
t
as required.
I
B. PURPOSE OF AGREEMENT
The purpose of the agreement is to state the covenants and conditions under which
the Provider will implement the Service Delivery/Work Program as set forth in
Article II of this agreement.
' ARTICLE II
SERVICE DELIVERY/WORK PROGRAM
—,i The Service Delivery/Work Program, Line Item Budget and Award Notification
Certificate are attached to and incorporated as a part of this agreement as Appendix
A. Appendix A may include but is not limited to the following:
12/85
VNRJAETURNI G FOR FURTHER
IAWds PLEASE 11)E.\'F1F Y A.S
k5-��� _
10089
pill
Program Narrative Line Item Budget
Planned Objectives and Goals Budget Justification
Organizational Chart Standard Subgrant Conditions
Job Descriptions Equal Employment Opportunity Certificatc
Financial & Organizational Data Statement Rental Cost Certification
The Provider will implement this Service Delivery/Work Program as prescribed in the
attached Appendix A in a manner deemed satisfactory to the ODMCJC and the BPSM. No
Service Delivery/Work Program revision, or amendment thereof as may hereafter be
prepared, shall be effective until approved by the BPSM and/or the ODMCJC.
ARTICLE III
COM2ENSATION, METHOD, AND CONDITIONS OF PAYMENT, TIME OF PERFORMANCE
A. MAXIMUM COMPENSATION
Both parties agree that should funding to the County be reduced, the amounts
payable under this agreement may be proportionately reduced at the optior. of the
County. The Provider agrees to accept as full payment for services rendered in a
manner satisfactory to the ODMCJC the actual amount of budgeted, eligible and
ODMCJC approved expenditures and encumbrances made by the Provider for the
purposes of carrying out the services hereunder during the period of this
agreement. It is expressly understood and agreed that in no event shall the
total compensation and/or reimbursement to be paid hereunder exceed the maximum
sum of $54,545 (Total) consisting of: Federal Health and Human Services
Funds in the amount of $54,545
B. BUDGET SUMMARY
The Line Item Budget attached hereto in Appendix A is hereby incorporated and
made a part of this agreement. All expenditures or costs incurred shall be made
in accordance with the Line Item Budget.
Funds may not be shifted by the Provider within and between line items of the
budget without prior approval of the ODMCJC. Adjustments in staff positions ar.d
salary changes may not be made without prior approval of the ODMCJC. For
purposes of this agreement, no budget revision or amendment thereof as may
hereafter be prepared, shall be effective until approved by the BPSM and/or
the ODMCJC.
C. METHOD OF PAYMENT
The County agrees to make payment on or reimburse all budgeted costs allowable
under County guidelines which reflect cost incurred by the Provider. Direct
payment and/or reimbursement requests by the Provider for payment shall be
submitted for bi-weekly periods. Requests by the Provider for payment shall be
accompanied by proper documentation reflecting invoices received and costs
incurred by the Provider during the reporting period and shall be submitted to
the ODMCJC for approval no later than ten (10) working days after the end of the
reporting period. Payment shall be made by the County Finance Director upon
proper presentation of invoices and reports approved by the Director of the
Provider Agency and the ODMCJC Director or his designee. In no event shall the
County provide advance funding to the Provider or any subcontractor hereunder.
The County will not approve payments for in -kind or volunteer services provided
by the Provider on behalf of the project.
-2-
1008
Program Narrative Line Item Budget
Planned Objectives and Goals Budget Justification
Organizational Chart Standard Subgrant Conditions
Job Descriptions Equal Employment Opportunity Certificatc
Financial & Organizational Data Statement Rental Cost Certification
The Provider will implement this Service Delivery/Work Program as prescribed in the
attached Appendix A in a manner deemed satisfactory to the ODMCJC and the BPSM. No
Service Delivery/Work Program revision, or amendment thereof as may hereafter be
prepared, shall be effective until approved by the BPSM and/or the ODMCJC.
ARTICLE III
COM2ENSATION, METHOD, AND CONDITIONS OF PAYMENT, TIME OF PERFORMANCE
A. MAXIMUM COMPENSATION
Both parties agree that should funding to the County be reduced, the amounts
payable under this agreement may be proportionately reduced at the optior. of the
County. The Provider agrees to accept as full payment for services rendered in a
manner satisfactory to the ODMCJC the actual amount of budgeted, eligible and
ODMCJC approved expenditures and encumbrances made by the Provider for the
purposes of carrying out the services hereunder during the period of this
agreement. It is expressly understood and agreed that in no event shall the
total compensation and/or reimbursement to be paid hereunder exceed the maximum
sum of $54,545 (Total) consisting of: Federal Health and Human Services
Funds in the amount of $54,545
B. BUDGET SUMMARY
The Line Item Budget attached hereto in Appendix A is hereby incorporated and
made a part of this agreement. All expenditures or costs incurred shall be made
in accordance with the Line Item Budget.
Funds may not be shifted by the Provider within and between line items of the
budget without prior approval of the ODMCJC. Adjustments in staff positions ar.d
salary changes may not be made without prior approval of the ODMCJC. For
purposes of this agreement, no budget revision or amendment thereof as may
hereafter be prepared, shall be effective until approved by the BPSM and/or
the ODMCJC.
C. METHOD OF PAYMENT
The County agrees to make payment on or reimburse all budgeted costs allowable
under County guidelines which reflect cost incurred by the Provider. Direct
payment and/or reimbursement requests by the Provider for payment shall be
submitted for bi-weekly periods. Requests by the Provider for payment shall be
accompanied by proper documentation reflecting invoices received and costs
incurred by the Provider during the reporting period and shall be submitted to
the ODMCJC for approval no later than ten (10) working days after the end of the
reporting period. Payment shall be made by the County Finance Director upon
proper presentation of invoices and reports approved by the Director of the
Provider Agency and the ODMCJC Director or his designee. In no event shall the
County provide advance funding to the Provider or any subcontractor hereunder.
The County will not approve payments for in -kind or volunteer services provided
by the Provider on behalf of the project.
-2-
1008
r ..
The Public Liability Insurance coverage as required in paragraph (b) abo.'e
shall include those classifications, as listed in Standard Liabilitv
Insurance Manuals, which are applicable to the operations of the Provider in
the performance of this agreement.
All insurance policies required above shall be issued through companies
authorized to do business under the laws of the State of Florida, with the
following qualifications as to management and financial strength:
The Company must be rated no less than "A" as to management,
and no less than "Class V as to strength, by the latest
edition of Best's Insurance Guide, published by A. M. Best
Company, Oldwick, New Jersey, or its equivalent subject to
the approval of the County Risk Management Division.
Compliance with the foregoing requirements shall not relieve the Provider of
his liability and obligation under this Section or under any other secticn
of this Agreement.
(4) FINANCIAL ACCOUNTABILITY
The Provider shall keep accounting records which conform with generally
accepted accounting principles which shall include, but not be limited to, a
cash receipt journal, cash disbursement journal, general ledger, and all
such subsidiary ledgers as determined necessary by the County Finance
Director. All such records shall be retained by the Provider for not less
than three (3) years beyond the term of this agreement.
The Provider shall furnish copies of the annual certified public
accountant's opinion and the related financial statements within thirty (30)
days of issuance thereof. If the Provider is not required by law to submit
to an annual certified public accountant's audit and the Provider does not
elect to do so of its own volition, then the Provider shall furnish copies
of the unaudited financial statements within thirty (30) days of the close
of the Provider's fiscal year.
The Provider shall allow access during normal business hours to all
financial records to authorized County representatives and agrees to provide
such assistance as may be necessary to facilitate a financial audit by any
of the representatives when deemed necessary to insure compliance with
applicable accounting and financial standards. The Provider shall allow
access during normal business hours to all other records, forms, files and
documents which have been generated in performance of this agreement, to
those personnel as may be designated by the County. It is understood and
agreed by the County that all such authorizations will be on a "need to
know" basis and shall not conflict with any Federal confidentiality
restrictions.
1 (5) SUBCONTRACTS
No payments shall be made for any work or services subcontracted hereunder
unless it is specified'by written contract, written agreement, or purchase
order and subject to the provisions of this contract. Proper documentaticn
in accordance with County, State and Federal guidelines and regulations :oust
be submitted to and approved by the ODMCJC prior to the execution of any
subcontract hereunder. In addition, all subcontracts shall be subject to
Federal, State and County law and regulations.
None of the work services including but not limited to consultant work or
services covered by this contract shall be subcontracted or reimbursed
without prior written approval of the Director.
(6) TRAVEL
j Reimbursement of Out -of -Town or Local Travel shall be made only if such
_l travel conforms to Federal regulations , State law and/or Countv travel
administrative orders.
-4-
100,3g
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r � ram•.
(7) PURCHASING
_ All purchasing for consumables, capital equipment, and services shall be
made by purchase order or by written contract and in conformity with the
procedures prescribed by the Administration Manual for Subgrant Awards,
including Federal Management Circular 74-7, Appendix 0, Procurement
Standards. Payment for non -expendable personal property costing $200 or
more with a life expectancy of one year or more, shall be contingent on the
processing of requests for purchases of such items through the ODMCJC and
County purchasing system unless otherwise authorized in writing and approved
through the ODMCJC.
(8) RENOVATION, ADDITION, OR CONSTRUCTION
No payment shall be made for any construction, addition, or renovation
_ provided for in this agreement unless the advertisement for bids, bid
specifications, and construction contracts conform to the procedures and
requirements for such work prescribed by the Administration Manual for
Subgrant Awards contained in Federal Guideline Manual M7100.2, and the Davis
Bacon Act.
(9) REPORTS, AUDITS AND EVALUATION
Payment will be contingent on the receipt and approval of reports required
by this agreement, the satisfactory evaluation of the project by the ODMCJC,
and the County and satisfactory audits by the Internal Auditing Department
of the County and Federal Government, if required. The final program
close-out reports including progress and financial are due thirty (30) days
following the termination date of this Agreement.
(10) PRIOR WRITTEN APPROVAL - SUMMARY
The following activities require prior written approval of the Director to
be eligible for reimbursement of payment.
a.
Initiation of new programs not covered by this agreement.
b.
All subcontracts and agreements.
c.
All expenditures over line item budget amounts.
'
d.
Shift of funds between line item budget amounts.
e.
The purchase of new and used capital equipment.
!
f.
The acquisition of property, renovation or addition thereto and
i
construction.
g.
The hiring of all new staff including professional, technical,
and paraprofessional.
h.
Out -of -Town Travel.
ARTICLE IV
_i.
GENERAL CONDITIONS
s
1. CIVIL RIGHTS COMPLIANCE
The Provider agrees to abide and be governed by the Civil Rights Act of 1964,
Title VII, as amended in 1972, and including Executive Orders 11246 and 11375 ar.d
Department of Labor Regulations (41 CFR Chapter 60), which provides in part that
there will not be discrimination of race, color, sex, religious background,
ancestry, or national origin in performance of this contract, in regard to
persons served, or in regard to employment and it is expressly understood that
upon receipt of evidence of such discrimination, the County shall have the right
to terminate said agreement. The Provider also agrees to abide and be governed
by the Age Discrimination in Employment Act of 1967, as amended in 1979, which
---"-- '- ---` there shall be no discrimination against persons aged 40 -
.oyment because of age.
-5-
A
Also, where required, implementing agencies must ensure compliance with the equal
employment opportunity requirements found at 28 CFR 42.301 et seq., Subpart E•
(See Section 42.306(A) and 42.307.)
Further, the Provider will comply with the Rehabilitation Act of 1973, Section
504, which does not allow discrimination against a person having a mental or
physical handicap.
The Provider will notify the ODMCJC of any present or pending "consent decrees"
or court orders affecting the Provider and/or any beneficiaries or recipients of
funds provided as a result of this contract.
2. EVALUATION AND MONITORING
The Provider agrees that the ODMCJC will carry out periodic monitoring and
evaluation activities as determined necessary by the ODMCJC and that the
continuation of this agreement is dependent upon satisfactory evaluation
conclusions. Such evaluation will be based on the terms of this agreement,
comparisons of planned versus actual progress relating to project scheduling,
budgets, and out -put measures.
The Provider agrees to furnish upon request to the Director, and make copies
and/or transcriptions of such records and information as is determined necessary
by ODMCJC. The Provider shall submit progress reports, upon the request of the
Director on forms approved by the ODMCJC. The final program close-out reports
including progress and financial are due thirty (30) days following the
termination date of this agreement.
3. AUDITS AND INSPECTIONS
-` At any time during normal business hours and as often as the ODMCJC, County,
BPSM, Comptroller of the United States and/or HHS may require the Provider shall
i make available for examination all of its records with respect to matters covered
by this contract and the Provider will permit the ODMCJC, County, BPSM,
Comptroller of the United State and/or HHS to audit, examine and make audits of
i all contracts, invoices, materials, payrolls, records of personnel conditions of
_ employment and other data relating to all matters covered by this contract. Said
documents and records shall be maintained by the Provider for not less than three
�. (3) years after the date of the County's submission of the final expenditure
report to BPSM. The records shall be retained beyond the three (3) year period
if audit findings have not been resolved. The County reserves the right to
require the Provider to submit, at the request of the County, to an audit by an
Auditor of the County's choosing. The cost of said audit shall be borne by the
1 Provider.
4. DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information, documents, maps and other data
procedures, developed, prepared, assembled or completed by the Provider for the
purpose of this agreement shall become the property of Dade County without
restriction, reservation or limitation of their use and shall be made available
by the Provider at any time upon request by County or ODMCJC. Upon completion of
all work contemplated under this agreement, copies of all the above data shall be
delivered to the ODMCJC upon written request of the ODMCJC.
5. INVENTORY -CAPITAL EQUIPMENT AND REAL PROPERTY
All non -expendable property acquired for the project by the Provider with funds
allocated in this agreement shall be considered County fixed assets and shall be
inventoried as County property. A capital item: (1) has a service life in
excess of one year; (2) is either complete within itself or is a major component
of another item of property; (3) by definition cannot be described either as
supplies or materials; (4) will not be consumed or lose its identity; (5) has a
unit cost of $200.00 or more.
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7 �7
a.
At the termination of this project unless otherwise provided for, the Provider
agrees to return all items of capital equipment to Dade County in the same
condition as received at the beginning of the contract, ordinary wear and tear
excepted. The Provider shall be responsible to the County for any damage or
destruction to said property and shall reimburse the County for such damage.
unless the County or its employees have caused the damage.
The Provider shall establish and maintain a property control system, and shall be
responsible for maintaining a current inventory on all capital items purchased
with HHS funds on forms provided by the ODMCJC or on forms mutually agreed
upon by the ODMCJC and the Provider. This will include listing on a propert%
record by description, model, serial number, date of acquisition and cost. Such
property shall be inventoried annually and an inventory report shall be submitted
to the ODMCJC. Records for non -expendable property shall be retained for three
(3) years after its disposition.
6. INDEMNIFICATION
The Provider shall indemnify and hold the County harmless from any and all
claims, liability, losses and causes of action which may arise out of this
agreement. The Provider directly or through its insurance carriers shall pav all
claims and losses of any nature whatsoever in connection therewith and shall
defend all suits, in the name of the County when applicable, and shall pay all -
costs and judgments which may issue thereon.
In addition the Provider will hold the County harmless and will indemnify the
County for funds which the County is obligated to refund BPSM arising out of the
conduct, activities, and administration of the Provider pursuant to the BPSM
Grant Agreement between BPSM and the County.
The Provider shall not utilize HHS funds to retain legal counsel to sue the
County, ODMCJC, BPSM and/or HHS.
7. MAINTENANCE OF EFFORT
It is understood and agreed that the intent and purpose of this agreement is to
increase the availability of services of the provider and is not to substitute
for or replace existing or planned projects or activities of the Provider.
The Provider agrees to maintain a level of activities and expenditures, planned
or existing, for projects similar to those being assisted under this agreement
which is not less than the level existing prior to this agreement.
8. CONFLICT OF INTEREST
The Provider agrees to abide by and be governed by County Ordinance #72-8.2
(Conflict of Interest) and by Federal Guideline Manual M7100.2, Chapter one,
paragraph 4, as amended, which are incorporated herein by reference.
The Provider further covenants that no person who presently exercises any
functions or responsibilities in connection with the HHS project, has any
personal financial interest, direct or indirect, in this agreement which would
conflict in any manner or degree with the performance of its services hereunder.
The Provider further covenants that in the performance of this agreement any
conflicting interest on the part of the Provider or its employees shall be
disclosed in writing to the ODMCJC and/or BPSM; that no one responsible for
hiring project staff will hire his/her own relatives; and that no staff person
working on the project covered by this contract will be supervised by, or
otherwise held responsible to, any individual who is a relative of a project
employee.
9. CONTRACT DOCUMENTS
The parties hereto agree and understand that the works and figures contained in
the following list of documents which are attached hereto, bound herewith or
hereby incorporated herein by reference and made a part hereof constitute and
shall be referred to as the contract; and that all said documents taken as a
whole constitute the contract between the parties hereto and are as fully a part
of the contract as if they were set forth verbatim and at length herein:
-7-
100,9$
(I) Agreement
(2) Approved Service Delivery/Work Program (Appendix A)
(3) Line Item Budget and Budget Justification
(4) County Resolution
(5) Standard Subgrant Conditions
(6) Award Notification Certificate
All of said documents are filed and will be maintained on file at the office of
the ODMCJC of the County.
10. TERMINATION
(A) Termination or Suspension of Payments of Contract for Cause:
If, through any cause, the Provider shall fail to fulfill in timely and
proper manner its obligations under this contract, or if the Provider shall
violate any of the covenants, agreements, or stipulations of this contract,
the County shall thereupon have the right to terminate this contract or
suspend payment in whole or part. This shall be accomplished by giving
written notice to the Provider of such termination or suspension of payment
and specifying the effective date thereof, at least five (5) days before the
effective date of such termination or suspension. If payments are withheld,
the ODMCJC shall specify in writing the actions that must be taken by the
Provider as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance.
Sufficient cause for suspension of payment shall include: (1) ineffective
or improper use of HHS funds, (2) failure to comply with the Service
Delivery/Work Program or terms of this agreement, (3) failure to submit
reports as required, and (4) submittal of incorrect or incomplete reports in
any material respect. In event of termination, all finished or unfinished
-` documents, data studies, surveys, drawings, maps, models, photographs,
reports prepared, and capital equipment secured by the Provider with HHS
funds under this contract shall be returned to the County.
Notwithstanding the above, the Provider shall not be relieved of liability
to the County for damages sustained by the County by virtue of any breach of
the contract by the Provider and the County may withhold any payments to the
Provider for the purpose of set-off until such time as the exact amount of
damages due the County from the Provider is determined.
(B) Termination for Convenience of County:
The County may terminate this contract any time by giving at least ten (10)
days notice in writing from the County to the Provider. If it is determined
for any reason that the Provider was not in default pursuant to (A), or that
the Provider's failure to perform is due to causes beyond the control and
without the fault or negligence of the Provider, the Notice of Termination
shall be deemed to have been issued under this clause (B) Termination for
Convenience of County, and the rights and obligations of the parties hereto
shall in such event be governed accordingly. If this contract is terminated
due to the fault of the Provider, it shall be subject to paragraph "A"
above.
11. NOTICES
All notices required to be given under this agreement shall be sufficient when
delivered to the ODMCJC at its office at 1500 N.W. 12th Avenue, 9th Floor, Miami,
Florida 33136 and to the Provider when delivered to the office at the address
listed on page one (1) of this agreement.
12. AMENDMENTS
The County may in its discretion amend this agreement to conform with changes in
Federal, State and/or County guidelines, directives, and objectives. Such
amendments shall be incorporated by written amendments as part of this agreement
and shall be by approval of the Bureau of Public Safety Management and/or the
Office of the Dade -Miami Criminal Justice Council.
10088
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13. COUNTERPARTS OF THE CONTRACT
This contract will be executed in three counterparts, each of which shall be
deemed to be an original, and such counterparts will constitute one and the same
instrument.
+ 14. SEVERABILITY OF PROVISIONS
If any part of this agreement is held invalid, the remainder of the agreement
shall not be affected thereby if such remainder would then continue to conform to
the terms and requirements of applicable law.
PROJECT PUBLICITY
15. Publicity releases concerning awards by BPSM shall make reference to the
Department of Community Affairs, Division of Housing and Community Development,
Bureau of Public Safety Management as the grantee and to the Office of the
Dade -Miami Criminal Justice Council.
16. COPELAND ANTI -KICK BACK ACT
The Provider agrees that no employee or subcontractor or subgrantee shall be
forced, intimidated or threatened with dismissal to give up part of the
compensation Which he is due in performance of this contract. Since this
contract is funded with federal grant money, 18 U.S.C. 874 (Copeland Anti -Kick
Back Act) applies and a violation may result in a fine of not more than 55,000 or
imprisonment of not more than five (5) years or both. This provision must be
included in any subcontract or subgrant.
17. CLEAR AIR ACT
Should this contract be for an amount
subcontractors agree to be subject to
42.U.S.C. 1857 et. seq., as amended by
18. DISPUTES, APPEALS AND REMEDIES
in excess of $100,000, the Provider and all
the provision of the Clear Air Act,
P.L. 19-604 and Executive Order 11602.
Any and all disputes, claims, and protests which may arise in connection with any
of the terms or provisions contained herein, in performance of this agreement,
shall be resolved, whenever possible, by informal discussion between the Provider
and the County. If the dispute, claim, or protest is not thus resolved, formal
discussions between and among the Provider, County, and Office of the County
Attorney will be held with the County Attorney acting as arbiter of last
recourse. The Provider agrees to continue work pending the settlement of any and
all disputes, claims, and protests.
19. PATENTS, DATA AND COPYRIGHTS
If any discovery or invention arises or is developed in the course of or as a
result of work performed under this contract, the Provider shall refer the
discovery or invention to HHS through the County. The Provider hereby agrees
that determinations of rights to inventions made under this contract shall be
made through the County by the Administrator of HHS, or his duly authorized
representative, who shall have sole and exclusive powers to determine whether or
not and where a patent application would be filed and to determine the
disposition of all rights in such inventions, including title to and license
rights under any patent application or patent which may issue thereon. The
determination of the Administrator, or his duly authorized representative shall
be accepted as final. In addition, the Provider hereby agrees and otherwise
recognizes that the County, and in turn the federal government, shall acquire at
least an irrevocable non-exclusive royalty fee license to practice and have
practiced throughout the world for governmental purposes any invention made in
the course of or under this contract. The Provider shall include provisions
appropriate to effectuate the purposes of this stipulation in all subcontracts.
10066
A
r
20, BOARD OF DIRECTORS REQUIREMENTS
The Project Director and/or his designee shall insure that members of the Boat
of Directors are apprised of the fiscal, administrative, and programmatic _
progress of the project funded through the Dade -Miami Criminal Justice Counci:
at each scheduled Board meeting. Such Board meetings must be held at least or
per quarter. The Project Director is required to supply the Board with copies
of all monitoring visit reports performed by the ODMCJC and shall notify the
Board of any fiscal, administrative and programmatic problems noted during the
monitoring visit in order to assist Board members in implementing the
requirements of the project. Representatives of the Board of Directors and tht
ODMCJC will be notified in writing of any scheduled Board meeting by the Prof`
Director. In addition, minutes of Board meetings will be maintained and copic
will be sent to the ODMCJC staff within fifteen (15) work days following !
the scheduled date.
-10-
1 1
• r
_ IN WITNESS WHEREOF, the foregoing parties have executed this agreement as of
the date written above.
WITNESS
WITNESS
ATTEST:
S R
,a
(PROVIDER
Corporation Y.
(3ME OF CORPORATIOR
By:
S
CESAR ODIO - CITY MANAGER
(TYPE NAME- AND TITLE).
R
'•
A&Z
M�W
- 1NA-0-41
a
Z
CLARENCE DICKSON - CHIEF OF POLICE
( D )
(NAME -AND TITLE OF CORPORATE S Y.
OFFICIAL SEAL:
RICHARD P. BRINKER, CLERK
BOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY, FLORIDA
i
By
j DEPUTY
APPROVE AS TO FORM AND CORRECTNES.
- L�
L C A. D ERT , City Atto-r-ri6y
By: -
COUNTY MANAGER
um
-10111111111011
00
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally appeared
Sookie Wllllams, who on oath says that she Is the Vice President
of Legal Advertising of the Miami Review and Daily Record, a
daily (except Saturday, Sunday and Legal Holidays) newspaper,
_ published at Miami In Dade County, Florida; that the attached
copy of advMleement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI, DADE COUNTY, FLORIDA
ORDINANCE NO. 10084, 10085, 10086,
10087, 10088
In the ................... X X ii ................ Court,
was published In said newspaper In the issues of
MARCH 27, 1986
Afflont further says that the said Miami Review and Daily
Record 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 of
advertisement: and afflant further says that she has neither
paid nor Ised arty person, firm or corporation any discount,
rebate, mmissfon or refund for the purpose of securing this
advertl ment for publlca`ipnll"'the,at!'d newspaper.
tj
... ....... ... 1.
.SwQrl�,�oatltl ilr1¢ed atom me this
27 w �~ MARCH 86
....... day of.: .. p ... , q�. 19.......
`
�. ...........$.�..
an
-#gINW pubdle, qt. orida at Large
(SEAL) "41;; 6OF F
My Commission expires 23, 198f1.
MR 110
CITY OF MIAMI,
DADE COUNTY, FLO1110A
LEGAL NOTICE
All interested persons wlil take notice that on the 18th day of
March, 1986, the City Commission of Miami, Florida, adopted the
following titled ordinance(s):
ORDINANCE NO. 10084
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "HISTORIC PRESERVATION: DOWNTOWN",
AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $30,000, CONSISTING OF A
$15,000 GRANT FROM THE STATE OF FLORIDA: DEPART.
MENT OF STATE; AND $15,000 FROM FISCAL YEAR 1985186
GENERAL FUND: PLANNING DEPARTMENT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10085
AN ORDINANCE AUTHORIZING THE CITY. MANAGER, ON
SPECIAL OCCASIONS AND FOR SPECIAL EVENTS OR PRO-
GRAMS, TO PERMIT THE SALE OR DISPENSING OF WINE
OR BEER IN SOFT CONTAINERS IN CERTAIN CITY PARKS;
FURTHER ESTABLISHING A PERMIT FEE OF $300 PER DAY
FOR SAID SALE OF WINE AND BEER.
ORDINANCE NO. 10086
AN ORDINANCE CREATING THE "CITY OF MIAMI YOUTH
ADVISORY COUNCIL", PROVIDING FOR THE COMPOSITION
OF THE COUNCIL AND THE QUALIFICATIONS AND TERMS
OF MEMBERS; PROVIDING FOR THE POWERS AND DUTIES
OF SAID COUNCIL; PROVIDING A METHOD OF SELECTION
OF OFFICERS; FURTHER PROVIDING FOR MEETINGS, QUO-
RUMS AND VOTES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10087
AN ORDINANCE PROVIDING FOR DEFINITIONS OF LOB.
BYIST AND PRINCIPAL;. REQUIRING THE REGISTRATION
OF LOBBYIST ON CERTAIN FORMS, REQUIRING QUARTERLY
REPORTING OF EXPENDITURES AND SOURCES OF FUNDS
OF ALL PERSONS EMPLOYED OR RETAINED BY PRINCI-
PALS SEEKING TO ENCOURAGE THE PASSAGE, DEFEAT
OR MODIFICATION OF ANY ORDINANCE, RESOLUTION,
ACTION OR DECISION OF THE CITY COMMISSION OR SEEK-
ING TO ENCOURAGE PASSAGE, DEFEAT OR MODIFICA-
TION OF ANY ACTION, DECISION OR RECOMMENDATION
OF ANY BOARD, COMMITTEE, CITY MANAGER OR THEIR
RESPECTIVE STAFF, PROVIDING EXCEPTIONS FOR PER-
SONS IN THEIR INDIVIDUAL CAPACITY OF SELF -
REPRESENTATION WITHOUT' COMPENSATION OR
REIMBURSEMENT; PROVIDING. FOR PENALTIES;'
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10008
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPE.
CIAL REVENUE FUND ENTITLED: "HAITIAN CHILD ABUSE
EDUCATION PROGRAM FY'86", AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN THE AMOUNT OF $54.545
FROM THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES THROUGH. THE STATE OF FLORIDA AND
DADE COUNTY'S OFFICE OF THE DADE-MIAMI CRIMINAL
JUSTICE COUNCIL; AND AUTHORIZING THE CITY MANAGER
TO ACCEPT THE $54,545 GRANT AWARD FROM THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLORIDA
(Y3843)
13/27 86-032770M