HomeMy WebLinkAboutR-82-1020J-82-7t3
RESOD ITION NO. 82 10200
A RESOLUTION AI ?THOI: DING THE CITY
NIANAGER TO ENT1_1'. INTO AN
AGREEMENT WITH \iFTROPOLITAN DADE
COUNTY FOR FUNDING OF :A PROJECT
UNI)ER THE C'111�AN/H MTIAN FVTItANT
CONI�11 iNITY CI<11.11VAl_ 11 JSTICE
ASSI\1ILATIO'v PROG'PA\1 PRCIVIDING
$59.052 TO THE CITY OF MIAMI FOR
ALLOCA .TIOV 1") ITS POLICE
nEPART\1ENT: AV1) IVRTHE!:
Af_ITHORI,ING THE ('ITY MAVAGEI: TO
EXE CI !TE TFiF NFCI:SS,AR Y AGREEMENTS
TO IMPLEMFNI' THE PROGRAMS
DELINEATEI) THEREIN.
WHEREAS. the Citv Commission after thorough consideration of the
problem and available data, has determined that the creation of the Service
nelivery/Work Program is in the best interest of the general public; and
WHEREAS. 'Metropolitan made County has been awarded a grant of
$1.996.590 fro!n the Department of Health and Human Services (HHS) to be
utilized in Dade County and the City of `,liami; and
WHEREAS, the monev is to be targeted for police/community relations
and criminal justice system improvements in responding to the needs of the Haitian
immigrant; and
WHEREAS, eleven program areas have been approved by the
Department of Health and Human Services (HHS) and the office of the made -Miami
Criminal Justi--e Council which encompass service delivery and crime prevention
efforts by the City of °;liarni Police Department; and
WHEREAS, the City of Miami and Metropolitan Dade County desire to
enter into agreements for the implementation of the program contained herein; and
WHEREAS, Section 163.04(4) of the Florida Statutes provides that "a
public agency of this state may exercise jointly with any other public agency of the
state, of any other Stdte, or the United States Govern, nent any power, prI vilege, or
authority which such agencies share in common and which might excercise
separately";
CITY COMMISSION
MEETING O
N011
hYlil�'�r n,
r;
x
NOW, THEREFORE, RE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAIIMIj FLORIDA,
Section 1. The prograin proposed herein is in the best interest of the
City of kliami and the general public.
Section 2. The City Manager is hereby authorized to execute in behalf
of the City necessary agreements prescribed by the Office of the Dade -:Miami
Criminal justice Council to assist in defraying the cost of the program generally
described below: I /
a) The '%Iiami Police Service Delivery/Work Program
Section 3. (a) The City .Manager is hereby authorized to furnish such
information and take such other actions as may be necessary to enable the City to
execute all necessary agreements to implement the prograw.
(b) The City Manager is hereby designated as the City's
authorized representative for the purpose of furnishing to the Office fo the Dade-
'luliarni Criminal Justice Council such information. data and docurr+ents pertaining
to the agreement for said program as may be required and otherwise to act as the
authorized representative of the City of Miami in connection with these
agreements.
(c) If such agreements be executed, the City of Miami shall maintain such
necessary records and furnish such information, data and documents as required by
the Office of the fade-1liami Criminal Justice Council to support the
implementation of the program generally described above.
------------------------------------------------------------------------------------
l/Funding for said project is to be provided the City in the amount of $59,052
under a Cuban/Haitian L•ntrant Community Criminal Justice Assimilation Program
application for allocation to the Miand Police Department.
_2_
82--020
Section 4. This Resolution shall take effect immediately upon its
adoption and certified copies thereof are to be included as part of the agreement
for the herein described program to be submitted to the Office of the Dade -Miami
Criminal Justice Council.
1982.
PASSED AND ADOPTED THIS 4th _DAY OF November
MAURICE A. FERRE
---�Ravor
AGREEMENT BETWEEN METROPOLITAN DADE
COUNTY AND CITY OF IfIAMI
This agreement, entered into this day of _ 19 ;
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
a municipal corporation of the State of Florida having its principal office at
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 herein-
after 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) "ODhiCJC" 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
(6) "DVCA"'means the State of Florida Department of Veteran and
Community Affairs.
(7) "BCJA" means the Bureau of Criminal Justice Assistance, subdivision
of the "DVCA". '
(8) "HHS" means the Department of Health and Human Services.
(9) "Appendix. A" means Service Del ivery/Work_Program and Line Item Budget
as approved by ODMCJC and including all applicable certifications and
documents as required.
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
82-1020
SERVICE DELIVERY/WORK PROGRAM
The Service Delivery/Work Program, Line Item Budget and Award Notification Certifi-
cate are attached to and incorporated as a part of this agreement as Appendix A.
Appendix A includes but is not limited to the following:
Program. Narrative Budget Justification
Planned Objectives and Goals Standard Subgrant Conditions
Organizational Chart Equal Employment Opportunity Certificate
Job Descriptions Rental Cost Certification
Line Item Budget
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 BCJA. No
Service Delivery/Work Program revision, or amendment thereof as may hereafter be
prepared, shall -be effective until approved by the BCJA and/or the ODMCJC.
ARTICLE III
COMPENSATION, 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 option 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 servites hereunder during the
period of this agreement. It is e::pressly understood and agreed that in no
event shall the total compensation and/or reimbursement to be paid hereunder
exceed the maximum sum of $ (Total)
B. BUDGET SU"IMARY
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 OD14CJC. Adjustments in staff positions
and 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 BCJA and/or
the ODMCJC.
C. METHOD OF PAYMENT
The County agrees to make payment on or reimburse all budgeted costs allowable
under Federal, State, and 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 ODt,ICJC 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 ODPICJC 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-
S2-1020
4
AN
For purposes of this section, originals or invoices, receipts, or other
evidence of indebtedness shall be considered proper documentation. When
original documents cannot be presented, the Provider must adequately justify
their absence, in writing, and furnish copies. Invoices shall not be
honored if received by the Finance Department 60 days after expiration date
of this agreement.
D. TIME OF PERFORMANCE
The services of the Provider shall be performed during the contract period,
commencing with and ending
Any contract period adjustment approved by the County, DNRS, and the ODMCJC
shall be acceptable within the covenants of this agreement.
E. CONDITIONS ON WNICN PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The Provider agrees it will implement this agreement and attached Work
Program in accordance with applicable State and County laws, ordinances
and codes. Any conflict or inconsistency between the above State or
County guidelines and regulations and/or this agreement shall be
resolved in favor of the more restrictive regulations and guidelines.
(2) SALARIES AND PERSONNEL POLICIES
To be eligible for payment of personnel costs, the Provider shall keep
personnel records, submit the personnel information, and process requests
for payment of personnel costs in accordance with the personnel policies
and procedures of the Provider which are incorporated by reference herein.
Provider shall hire all project personnel in accordance with the minimum
requirements described in Appendix A unless a deviation from these require-
ments is approved by ODi,CJC. Except in special circumstances approved by
the ODMCJC, relatives of project staff shall not work on the funded project
described in Appendix A.
(3) INSURANCE
The City of Miami is self -insured for general liability as afforded by
FS 768.28, Waiver of Immunity Law, which limits the liability of the
City of Miami at $50,000 per claim and $100,000 per occurrence. The City
of Hiami cannot issue the County a certificate of insurance nor can the
County be named as an additional insured.
(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 may be retained by the Provider for
not less than three (3) years beyond the term of this agreement.
The provider shall allow access during normal business hours to all
financial records to authorized Federal, State or County representatives
and agrees to provide such assistance as may be necessary to facilitate
a financial audit by any of these represenf:Iives when deemed necessary
to insure compliance with applicable accounting and financial standards.
The Provider shall allod access during norm.rl business hours to all
other records, forms, files and documents which have been generated in
performance of this agreeiw nt, 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.
-3-
82--102'r-1
M
(5) SUBCONTRACTS
No payments shall be made for any work or services subcontracted here-
under unless it is specified by written contract, wri-11-ten agreement,
or purchase order and subject to the provisions of this contract.
Proper documentation in accordance with County, State and Federal
guidelines and regulations must 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 or services including but not limited to consultant
work or services covered by this contract shall be subcontracted or
reimbursed without the prior written approval of the Director.
(6) TRAVEL
Reimbursement of Out -of -Town or Local Travel shall be made only if
such travel conforms to Federal Notice 7350.6, State law and/or
City of Miami travel administrative orders.
(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 $100 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 City purchasing system unless otherwise authorized in
writing and approved through the ODNUC.
(8) RENOVATION, ADDITIOi'q, OR COI Sl_RUCTION
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 arescribed by the Administration Manual
for Subgrant Awards contained in Federal Guideline Manual M7100.1A, and
the Davis Bacon Act.
(9) REPORTS, AUDITS AND EVALUATIOtJ
Payment will be contingent on the receipt and approval of reports required
by this agreement, the satisfactory evaluation of the project by the
OD14CJC and the County and satisfactory audits by the Internal Auditing
Department of the County and Federal Government, if required.
` (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 betveen line item budget amounts.
e. Any equipment purchases other than approved in the attached line
item budget.
f. Any revisions to the attached Appendix A.
I
Wqz
82-=1�20
GENERAL CONDITIONS
1. CIVIL RIGHTS COMPLIANCE
The Provider agrees to abide and be governed by the Civil Riohts Act of 1964,
Title VII, as amended in 1972, and including Executive Orders 11.246 and 11375
and 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 provides in part that there shall be no discrimination
against persons aged 40-70 in any area of employment because of age.
The Provider agrees to adhere to the non-discrimination provisions of Section
815 (c) (1) of the Justice System Improvement Act of 1979. The Provider also
agrees to ensure that any contractors utilized under this contract and/or its
subcomponents and other recipients and/or beneficiaries of funding from this
contract will adhere to the non-discrimination provisions of Section 815 (c)
(1) of the Justice System Improvement Act of 1979.
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 Sections 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 OD�iCJC 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.
Every effort will be made to hire minorities, so as to accomplish the goals of
this grant.
2. EVALUATION A14D 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, out -put measures and impact measures.
The Provider agrees to cooperate fully in any evaluation effort and furnish
upon request to the Director 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 ODt4CJC.
r"= 3. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the ODMCJC, County,
-a. BCJA, Comptroller of the United States and/or HHS for examination of all
its records with respect to matters covered by this contract and the Provider
' will permit the OW1CJC, County, BCJA, Comptroller of the United States and/or
11115 to audit, examine and make audits of all contracts, invoices, materials,
4.Y payrolls, records of personnel conditions of employment and other data relating
�=
to all matters covered by this contract. Said documents and records shall be
Af
maintained by the Provider for not less than three (3 years aftert e date
of the County's submission of the final expenditure report to BCJA. The
records shall be retained beyond the three (3) years period if audit findings
have not been resolved.
-5- 82�1020
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 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 Courty 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 identify; (5) has a unit cost of 5100.00 or more.
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 reim-
burse 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 ODWCJC and the Provider: This will include listing
on a property 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 does hereby acknowledge and agree that any and all operation of the
progra►r►s implemented by the City of Miami which utilizes the funds provided here-
under are the sole and complete responsibility of said Provider and all persons
hired by the City hereunder are the employees, agents or officers of said
Provider and not that of the County.
In this connection, the Provider acknowledges and ,agrees that it is solely
liable and responsible for damages which might arise out of the acts or
omissions of the Provider, its officers, employees, agents or persons under
its direction and control, and to the extent that the County may be named in
a suit which arises out of the acts or omissions of the Provider, its officers,
employees, agents or persons under its direction and control, the Provider shall
indemnify, defend and hold the County harmless; however, liability under this
clause is governed by the limits and to the extent provided in Section 768.28,
Florida Statutes, the partial waiver of sovereign immunity.
In addition, the Provider will hold the County harmless and will indemnify the
County for funds which the County is obligated to refund HHS arising out of the
conduct, activities and administration of the Provider pursuant to the HHS Grant
Agreement between HHS and the County. The total liability under this clause for
indemnification shall in no case exceed the amount of refund demanded by HHS.
The Provider shall not utilize HHS funds to retain legal counsel to sue the
County, ODMCJC, CCJA 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
{ g p projects or activities of the Provider.
The Provider agrees to maintain a level of activities and expenditures, planned
r.� or existing, for projects similar to those being assisted under this agreement
which is not less than the level existing prior to this agreement.
-6-
82-1®2��
B. CONFLICT OF INTEREST
The Provider agrees to abide by and be governed by City of Miami Code Section
2-301, County Ordinance 117172-82 (Conflict of Interest) and by Federal Guideline
Manual M7100.1A, 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 H H S 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 BCJA; 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 DOCUl;ENTS
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:
(1) Agreement
(2) Approved Service Delivery/Mork Program (Appendix A)
(3) Line Item Budget and Budget Justification
(4) County Resolution/City Resolution
(5) Standard Subgrant Conditions
(6) Award Notification Certificate
All of said docirr..?nts are filed and will be maintained on file at the business
office of the ODiCJC of the County.
10. TERMINATION
(A) Termination of 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 in pat. This shall be
r
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/t,lork 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,
s` and capital equipment secured by.the Provider with HHS funds under this
contract shall be returned to the County.
_7_
82-1020
rI"
161
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 of Convenience of County:
The County may terminate this contract at 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 OD!1CJC at its office at 111 N.W. Ist Avenue, 4th floor,
Miami, Florida 33128 and to the Provider when delivered to the Office at the
address listed on page one of this agreement.
12. AMENDMENTS
The County may in its discretion amend this agreement to conform with changes
in Federal, State, County and/or NHS guidelines, directives, and objectives.
Such amendments shall be incorporated by written amendments as part of this
agreement and shall be by approval of the Dureau of Criminal Justice Assistance
and/or the Office of the Dade-Hiami Criminal Justice Council.
13. COUNTERPARTS OF THE CONTRACT
This contract will be executed in four 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 this agreement
shall not be affected thereby if such remainder would then continue to conform
to the terms and requirements of applicable law.
15. PROJECT PUBLICITY
Publicity releases concerning subgrant awards by BCJA shall make reference to
the Department of Veteran and Community Affairs, Division of Public Safety
Planning and Assistance, Bureau of Criminal Justice Assistance 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 �:hich 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
$5,000 or imprisonment of not more than five (5) years or both. This
Provisions must be included in any subcontract or subgrant.
I
10
82--1®2f_�
4#
17. CLEAR AIR ACT
Should this contract be for an amount in excess of $100,000, the Provider
and all subcontractors agree to be subject to the provision of the Clear
Air Act, 42.U.S.C. 1857 et. seq., as amended by P.L. 19-604 and Executive
Order 11602.
18. DISPUTES, APPEALS AND REMEDIES
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 4
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 Director of the Department of Health
and Human Services, or his duly authorized representative, who shall have sole
and exclusive powers to determine whether or not and where a patent applica-
tion 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 Director, 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 and 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.
parties have executed this agreement as of
IN WITNESS WHEREOF, the foregoing
the date written above,
ATTEST:
By' Clerk Board of
METROPOLITAN DADE COUNTY,
a political subdivision of
the State of Florida
BY'. County Manager
Deputy I
County COmmissionrs
of
Dade County, Flor
A Municipal Corporation
rorLion of
ATTEST: the State of Florida
82-102q
0
Howard V.`Gary
City Managers
Kenneth I. Harms
Chief of Police
OCT 2 G 1982 FIN 21
Resolution for Service Delivery/
Work Program
Cuban/Haitian Entrants
1
It is recommended that the Miami City
Commission approve a resolution which
authorizes the City Manager to enter into
an agreement with Metropolitan Dade County
n for tuding of the Service Delivery/work
Program providing $39,052 to thCty of
11�—for allocation to its Police Depart-
ment, anu further�autiiorizzinq tine Cite:
bi_znacrer to accept and executo the necessary
agrc_m.ents t—oimt,lcr�ent t e pros, a_i del�incated
therein.
As a result of the ir,imigration of approximately 170,000 refugees
(100, 000 Cubans; 32 ,000 Iiaitians) , ^letrcpolitan Dace County has
been a;:*arcicd a g-alit by thu Departn.ent of IIcalth and Human
Servico:i (IIIIS) . Tt1c Rinds proviCieci f or under this grant are
liltell:lecl t0 lI?;prC'.'C alld CXIial1d progran— a'_'aLlablc to the Haitian
coi;-I-,I nity. The iliar ,i Police DC_partmert I1a5 agI"ems' lI: principal
t0 sucn a pi ,:�'
City of :iia:ni S ,r,.,icc Doli.very /ivor:; Proc rani:
The LCI;11irel?C'I1:1�'c C r].r:11 Prt'VC_'Il lOIl Program,
operational since Fe-bruary 1930, Ilia created
the mecil : lisr s an�J. I)rcce sscs to incorporate
intensive citizen participation in Crime
Prevention activities at the c_;rassrocts levels
throughout the City of Mi-mi.
The Comprehensive Crime Provelltion Program
requires L-i formalized organizational structure,
coilsi.stinq of an Area -Wide Crinic Prevention
Council and ten (10) Crime Prevention Sub -Councils.
This frame work fosters the sharing of responsibility
for Crime Prevention between the various geographical -
subdivisions and the department.
Howard V. Gary
City Manager
The primary purpose of this structure is to
provide a mechanism for participation of
specific neighborhoods and cit,• wide input,
generating ethnic sensitil.ity, identification
of issues, problem solving and the actual
development of specific strateuies.
Through the efforts of this project the
Haitian community will becerle the eleventh
(11) Crime Prevention Sub -Council represented
on the 1-�rea-Wide Council, and therefore, be
an integral part of the issue identification
and probl m solvin_; -.rocess related to crime
and crime prevention.
Total Budget $59,052
Metropolitan Dade Count- requires a formal resolution from the
City commission to be attached
toisthe
enagreement referred to
herein. The proposed resolution
KIii : mw