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Res No 083-12-13640RESOLUTION NO. 83-12-13640 A Resolution authorizing the City Manager to accept the grant award in the amount of $162,312.00 from the South Florida High Intensity Drug Trafficking Areas (SFLHIDTA) Program. WHEREAS, the SFHIDTA is a component of a group of federally funded task forces combating drug use and trafficking throughout the United States. WHEREAS, this grant will support initiatives designed to implement the strategy proposed by the Executive Board of SFLHIDTA and approved by the Office of National Drug Control Policy (ONDCP); and WHEREAS, the SFLHIDTA requires the services of a Deputy Director; and WHEREAS, the City of South Miami was awarded a grant in the amount of $162,312.00 from the SFLHIDTA Program with a grant period from May 1, 2012 to April 30, 2013 to fund the salary of the Deputy Director; and WHEREAS, the City of South Miami will disperse the sum of which is One Hundred Fifty Thousand, Seven Hundred Twenty Eight Dollars ($150,729.00) in salary and Eight Thousand, Four Hundred ($8,400.00) in vehicle compensation to the Deputy Director of SFLHIDTA, Widell LLC; and WHEREAS, the City of South Miami is a political subdivision of the State of Florida, which agrees to act solely as a financial intermediary and disbursing agent on behalf of SFLHIDTA and the Contractor and the City will be compensated in the amount of $3,183.00. WHEREAS, the City of South Miami desires to aid law enforcement through the federally funded task forces combating drug use and trafficking throughout the United States by acting as the disbursing agent on behalf of SFLHIDTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to accept the grant award in the amount of $162,312.00 from the South Florida High Intensity Drug Trafficking Areas (SFLHIDTA) Program. Section 2: This resolution shall be effective immediately after the adoption hereof. Res. No. 83 -12 -13640 PASSED AND ADOPTED this 1 7th day of April , 2012. 1]rJ 2 APPROVED: o Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Commissioner Welsh: Yea TO: FROM DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Hector Mirabile, Ph.D., City Manager 1 Zel April 17, 2012 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to accept the grant award in the amount of $162,312.00 from the South Florida High Intensity Drug Trafficking Areas (SFLHIDTA) Program. BACKGROUND: The SFLHIDTA is a component of a group of federally funded .task forces combating drug use and trafficking throughout the United States. This grant will support initiatives designed to implement the strategy proposed by the Executive Board of SFLHIDTA and approved by the Office of National Drug Control Policy (ONDCP). While SFLHIDTA requires the services of a Deputy Director, this organization is sponsored by federal grants and does have the financial mechanism to perform payroll functions. Therefore, SFLHIDTA requires a municipality that is not participating in the same retirement system with that of the employee to act as a disbursing agency. The City of South Miami desires to assist and support its federal law enforcement partners, of which SFLHIDTA is one. The City of South Miami was awarded a grant in the amount of $162,312.00 from the High Intensity Drug Trafficking Areas (HIDTA) Program with a grant period from May 1, 2012 to April 30, 2013. The City of South Miami will disperse the sum of which is One Hundred Fifty Thousand, Seven Hundred Twenty Eight Dollars ($150,729.00) in salary and Eight Thousand, Four Hundred ($8,400.00) in vehicle compensation to the Deputy Director of South Florida HIDTA, Widell LLC. The City of South Miami is a political subdivision of the State of Florida, which agrees to act solely as a financial intermediary and disbursing agent on behalf of South Florida HIDTA and the Contractor and will be compensated in the amount of $3,183.00. GRANTOR: South Florida High Intensity Drug Trafficking Areas (HIDTA) Program GRANT AMOUNT: $162,312.00 GRANT PERIOD: May 1, 2012 through April 30, 2013 ATTACHMENTS: Award Letter Contract EXECUTIVE E OFFICE OF THE PRESIDENT OFFICE, OF NATIONAL DRUG CONTROL POLICY Washington, D. C. 20503 February 27, 2012 City Manager Hector Mirabile City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Mirabile ' 03 -27 -2012 IN We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G12MI0005A) has been awarded in the amount of $162,312.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the South Florida HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including, the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715 -7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file,. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202) 395 -6692. ' Enclosures Sincerely, F,�Scrivner, Ph.D,; National HIDTA Director 03- -26- 11A06:09 RCVD Page I of Executive Office of the President Office of National Drug Control Policy Grant Agreement 1., Recipient Name and Address 4. Award Number: 612MI0005A City Manager Hector Mirabile City of South Miami 5. Grant Period: From 01/01/2012 to 12/31/2013 6130 Sunset Drive South Miami FL 33143 , lA. RecipientIRSNendorNo.: 1596000431AI 6. Date: 2/27/2012 7. Action o Initial Subrecipient Name and Address = 8. Supplement Number Supplemental .. 2A. _ Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $162,312.00 . 11. Total Award: $1622312:00 12. This Grant is approved subject to such conditions or limitations as are set forth on the attached four {4) pages. _ _ . 13. Statutory Authority for Grant. Public Law 11244 f �L F 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Ellen Scrivner, Ph.D. Hector Mirabile National HIDTA Director City of South Miami 16: Sign ; Or ofApprov g ONDCP Official 17, SignatuT Authoriz Recipient /Date — d ., �Tl MR-MM 18. Accounting Classification Code 19, HIDTA AWARD DUNS: 24628976 ONDI OB3SE1213 EIN: 1596000431 A 1 OND2000000 OC4101 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: Grant GI2MI0005A Page 2 of 5 • OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Government; or, if applicable, OMB Circular A -21, Cost Principles for Educational Institutions; ° OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments; or, if applicable, OMB Circular Am 10, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations; • OMB Circular A -133, Audits of States, Local Governments and Non -Profit Institutions; ° Government -wide Debarment and Suspension (Non procurement), codified at 21 CFR § 1401 et. seq.; ' Government -wide Requirements for Drug -Free Workplace (Grants), codified at 21 CFR § 1401 et. seq.; ' New Restrictions on Lobbying, codified at 18 USC § 1903 and 31 USC § 1352; • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.); and ' Immigration and Naturalization Service Employment Eligibility Verification Form (I -9). 2. Audits conducted pursuant to OMB Circular A -133, "Audits of State and Local Governments ", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP /ONDCP Attention: Michael Reles GSD/RDF (202) 395 -6608 Anacostia Naval Annex Bldg 410 /Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles@ondep.eop.gov Grant G 12MI0005A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS /DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. v. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly; the HIDTA, its fiscal agent(s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document: 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and /or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance, 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 -12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA - funded initiatives shall not be considered as program income earned by HIDTA grantees. Grant G12MI0005A Page 4 of 5 7. Property acquired with these HIDTA grant funds is to be used for activities of the South Florida HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS /DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self- Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS /DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services .Via - US. Postal Mail :_ P.O. Box 6021 Rockville, MD 20852 Via FedEx: 7700 Wisconsin Avenue 10th Floor Bethesda, MD 20814 Grant G12MI0005A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Z 7` Name: Hector Mirabile, Ph Organization: City of South Miami Date: j`- Q O [V �-1 M N` tD rl C O cp C 1(2. CJ ' 'D C a.+ N Qt c0 C D � u � o Q U IC 'O Lo O us H Q N N O la 9 Oi N N N 4 1 M Total Services Total Other $3,183.00 Total Budget $162,31100 Page 1 of 1 1 3/20/2012 9:50:26 AM CONTRACT FOR DEPUTY DIRECTOR OF SOUTH FLORIDA SFLHIDTA BETWEEN WIDELL, LLC AND THE CITY OF SOUTH MIAMI FLORIDA 1- PURPOSE: South Florida High Intensity Drug Trafficking Areas ( "SFLHIDTA") is a component of a group of federally funded task forces combating drug use and trafficking throughout the United States. The SFLHIDTA requires the services of a Deputy Director. Widell, LLC ( "Contractor ") possesses the desired skills and is willing to assume the responsibilities of the position. The City of South Miami ( "SOUTH MIAMI" or "City") is a political subdivision of the State of Florida, which agrees to act solely as a financial intermediary and disbursing agent on behalf of SFLHIDTA and the Contractor. 2- PARTIES: The parties to this Contract are SOUTH MIAMI and Contractor. The mailing address and points of contact for the parties are: City of South Miami, Florida Telephone: (305) 668 -2514 Facsimile: (305) 663 -6345 E -mail: jkorth @southmiamifl.gov Widell. LLC 7450 SW 163 St Palmetto Bay, FL 33157 Telephone: (954) 430 -4902 Facsimile: (954) E -mail: JCWidell@SFLHIDTA.org 3 -TERM: The term of this Contract begins May 1, 2012. It ends April 30, 2013, 4 -EARLY TERMINATION FOR CONVENIENCE OF THE PARTIES: Either party may terminate this Contract for any reason after ninety (90) days advance written notice to the other party. SFLHIDTA. 5 -SCOPE OF WORK: The scope of work undertaken by the Contractor is attached hereto as Exhibit A Page 1 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC 6- COMPENSATION; TRAVEL; EQUIPMENT: A -Total Compensation and Rate of Payment: The Contractor shall be paid in an amount equal to the GS 14 -5 federal government pay scale for the locale of Miami, Florida, plus thirty percent (30 %) on an annual basis. The sum of which is One Hundred Fifty Thousand, Seven Hundred Twenty Eight Dollars ($150,729.00) Payment shall be made on a pro rata basis at two -week intervals throughout the term of this Contract. Contractor's annual compensation rate shall increase in an amount equal to any increase in the GS 14 -5 federal government pay scale for the locale of Miami, Florida, plus thirty percent (30 %) during the term of this Contract. Such increases will be effective on the same day they are effective in the federal pay scale. The City shall not be responsible for insuring that this provision is monitored or enforced. B- Vehicle Allowance: Contractor will be paid a $700 vehicle allowance each month. The vehicle allowance will be changed in the event of any change in ONDCP vehicle allowance policy. Fuel for official travel will be provided separately by the SFLHIDTA. The City shall not be responsible for insuring that this provision is monitored or enforced. C- Procedure for Submitting Invoices: Each month, Contractor shall submit a written invoice containing a description of the work performed and an accounting of the expenses of authorized travel. . After review and approval by the SFLHIDTA Director, the invoice will be forwarded to the SOUTH MIAMI Finance Department for payment. D- Contractor is an independent contractor and sets his own hours. His compensation is not reduced or increased based upon work hours. Nevertheless, for scheduling purposes, the parties agree that Contractor is entitled to be away from the office and free of any contractual obligation on a schedule consistent with the annual leave, sick leave and holidays as provided under the policies of the United States Office of Personnel Management, based on Contractor's cumulative prior service with the government. The City shall not be responsible for keeping track of Contractor's hours or insuring his compliance with the aforementioned policies. E- Office: SFLHIDTA shall provide the Contractor with an office and necessary office furnishings, equipment, and accouterments for Contractor to Page 2 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC perform the required services within a SFLHIDTA facility. City shall not be liable to the Contractor if SFLHIDTA fails to comply with this provision of the contract. F- Cellular telephone: Contractor will be provided with a cellular telephone for use during official SFLHIDTA business. The phone will be provided and paid for directly by the SFLHIDTA and City shall not be liable to the Contractor if SFLHIDTA fails to comply with this provision of the contract. 7 -SOUTH MIAMI LIABILITY CONTINGENT UPON AVAILABILITY OF FEDERAL FUNDS: A -Role of SOUTH MIAMI: The parties acknowledge that the sole role of SOUTH MIAMI is merely that of a disbursing agent. SOUTH MIAMI is not and will not be receiving the benefit of any of the services performed by the Contractor. All services provided by the Contractor are for the benefit of SFLHIDTA. SOUTH MIAMI is merely the disbursing agent for SFLHIDTA. B- Limitation of Liability: It is agreed that all financial obligations of SOUTH MIAMI hereunder shall be met exclusively with funds provided by the government of the United States of America and that no general funds of SOUTH MIAMI are available or may be used to satisfy any obligation arising from this Agreement. The Contractor does not enter into this Contract in reliance upon the funds, assets, or taxing authority of SOUTH MIAMI, Florida. In the event that appropriate federal funds are not authorized and available to pay Contractor for services performed or expenses incurred pursuant to this Contract, the Contractor agrees that SOUTH MIAMI shall have no legal or financial obligation to the Contractor whatsoever. In any event, the City shall have no financial obligation to the Contractor other than as disbursing agent. 8- GOVERNING LAW AND VENUE: This Contract shall be construed, interpreted, and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be in Miami -Dade County, Florida. 9- ENTIRE AGREEMENT: This Contract expresses the complete and final understanding of the parties hereto. All negotiations and representations not included herein or referred to herein are hereby abrogated and have no further force or effect. There are no "private" or "side agreements." This Contract Page 3 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC cannot be changed, modified, or varied except by a written instrument signed by both parties. 10- INDEMNIFICATION: The Contractor agrees to hold harmless, indemnify and defend the South Miami from any and all loss, damage, claim or judgment arising out of the provision of services pursuant to this Contract. 11- PARAGRAPH HEADINGS NOT DISPOSITIVE: The headings given the paragraphs and other subdivisions of this Contract are for ease of reference only and are not dispositive in the interpretation of Contract language. 12 -NO PRESUMPTION AGAINST DRAFTER: The parties acknowledge that this Contract has been freely negotiated by both parties, and that, in any dispute over the meaning, interpretation, validity, or enforceability of this Contract or any of its terms or provisions, there shall be no presumption whatsoever against either party by virtue of their having drafted this Contract or any portion thereof. 13- PROHIBITION AGAINST ASSIGNMENT. The duties and rights of the parties under this Contract may not be assigned in whole or part to any third party without the prior written consent of both parties. 14- REPRESENTATIONS OF THE CONTRACTOR: A- Records retention: The Contractor will maintain and make available to SOUTH MIAMI records sufficient to permit a proper audit of the Contractor's performance of this Contract. However, nothing contained herein shall obligate the City to perform any audits. B -Prior contracts: The Contractor represents that Contractor has never had a contract, bid or proposal rejected, suspended, or cancelled due to any allegation of a failure to comply with any federal, state or local government law or regulation regarding competitive bidding or auditing or accounting standards. 15- INDEPENDENT CONTRACTOR STATUS: A -The Contractor is an independent contractor and not an employee of the South Miami. The Contractor shall determine Contractor's methods of production. Page 4 of 10 SFLHIDTi1 Deputy Director's Contract- Widell, LLC B -The Contractor's compensation is based upon performance of duties as Deputy Director. It is not based upon time spent in completing any particular task. C -The Contractor is free to perform work outside this Contract subject to the notice provisions of Section 17. Contractor is solely responsible for the payment of income taxes, social security payments, Medicare obligations, and as all other financial obligations incumbent upon Contractor because of receipt of compensation under this Contract. 16 -GIFTS AND UNAUTHORIZED COMPENSATION: The Contractor and any Relative of the Contractor, or any business in which the Contractor has a financial interest, must not accept or solicit any gift or unauthorized compensation from any person, firm or entity doing business with or soliciting business from a SFLHIDTA or any of the constituent agencies of a SFLHIDTA. A "gift" includes any item of value, including without limitation: - Forgiveness of indebtedness; -The use of tangible or intangible personal property; -The use of real property, such as houses, apartments or hotel rooms; and - Personal services for which the person providing the service normally charges a fee. A "gift" does not include: -Food or beverages consumed at a single sitting or event; - Discounts or preferential terms for goods or services available to all government employees or to the public at large; - Awards, plaques, certificates, trophies, or similar personalized item of little intrinsic value given in recognition of service by Contractor; - Commercial loans on terms generally available to the public; - Pension and other benefits resulting from continued participation in an employee benefits plan maintained by a former employer; Page 5 of 10 SFLHIDTA Deputy Director's Contract -Widd. LLC - Anything provided directly to the Contractor by SOUTH MIAMI or SFLHIDTA; - Transportation or lodging used in connection with authorized official travel and disclosed to the government; or - Anything paid for at market value. "Unauthorized compensation" means any payment or receipt of a benefit from any person, firm, or entity doing business with or soliciting business from a SFLHIDTA or any of the constituent agencies of a SFLHIDTA, without the knowledge and express consent of the government. "Relative of Contractor" means any person related to Contractor as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father -in -law, mother -in -law, son -in -law, daughter -in -law, brother - in -law, sister -in -law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to Contractor or who otherwise holds himself or herself out as or is generally known as the person whom Contractor intends to marry or with whom he intends to form a household, or any other natural person having the same legal residence as Contractor. 17- SOLICITATION OF EMPLOYMENT: During the term of this Contract, Contractor must not solicit any paid work for Contractor or Relative of Contractor from any person, firm or entity doing business with or soliciting business from a SFLHIDTA or any of the constituent agencies of a SFLHIDTA without the prior consent of SFLHIDTA. If Contractor or any of Relative of Contractor is offered such paid work, the offer must be reported to SFLHIDTA. 18- CONFLICTS OF INTEREST; DUTY TO DISCLOSE: The Contractor must, prior to the execution or extension of this Contract and throughout its term, make written disclosure to SOUTH MIAMI and SFLHIDTA of any actual or potential conflict of interest involving the Contractor or any Relative of Contractor and any person, firm, or soliciting for or doing business with SOUTH MIAMI, SFLHIDTA, or any of the constituent agencies of SFLHIDTA. A "conflict of interest" means any business relationship or other situation where a reasonable person might perceive that the private interests of the Contractor or Page 6 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC Relative of Contractor could lead to disregard of the interests of SOUTH MIAMI or SFLHIDTA. The Contractor must not disclose procurement information or proprietary contractor information to any person, firm, or entity not employed by SOUTH MIAMI or SFLHIDTA during any federal, state, or local procurement process. 19- REPORTING BRIBE OFFERS: The Contractor will inform SOUTH MIAMI of any bribe offered to Contractor or SOUTH MIAMI or SFLHIDTA personnel. Notification will be made as soon as practical consistent with sound criminal investigative practice. 20- OWNERSHIP OF WORK PRODUCT: SOUTH MIAMI owns all rights, including without limitation patent and copyrights, to all work produced by Contractor pursuant to this Contract. "Work" includes, without limitation, data, computer programs, documentation, reports and memoranda, electronic documents, presentations, curricula, handouts, slides, photographs, videotape, and audiotape, all regardless of physical or electronic form or format. 21 -NO UNLAWFUL DISCRIMINATION OR SEXUAL HARASSMENT; OBLIGATION TO REPORT: A -The parties will not unlawfully discriminate against any person because of race, gender, national origin, ethnicity, religion, age, sexual preference, or handicapping condition in connection the business of the Contractor, SFLHIDTA or SOUTH MIAMI. B -The Contractor will make a written report to SOUTH MIAMI of any instance of unlawful discrimination or sexual harassment involving Contractor or SFLHIDTA or SOUTH MIAMI personnel. The Contractor will cooperate in the investigation of all such complaints received by SFLHIDTA or SOUTH MIAMI, regardless of the identity of the complainant. 22 -The parties agree that Contractor has no responsibility for or authority to engage in or directly supervise law enforcement operations. 23- Notwithstanding anything contained in this contract to the contrary, the City shall not be responsible for insuring Contractor's compliance with any of the duties, obligations or responsibilities of Contractor and the City does not agree to any duty to SFLHIDTA other than to make disbursements in accordance with this agreement. Page 7 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC NDERSTOOD AND AGREED TO THIS � U ZT ` DAY OF 0 , 2012. WIPI LL, LLC SOUTH MIAMI B Y Witnesses as t t &Contractor WJ i as to u � 5113" Page 8 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC / lb MIAMI EXHIBIT A Scope of Work Services To Be Provided By Contractor: Contractor agrees to perform the professional services of Deputy Director, South Florida SFLHIDTA, as directed by the South Florida SFLHIDTA Executive Committee and the ONDCP, including but not limited to the following: A. Develop and submit, with the Executive Committee's concurrence, the four major requirements of the SFLHIDTA Program: Threat Assessment, Strategy, Initiatives/ Budget, and Annual Report, B Exercise programmatic, administrative and fiscal oversight and support of all SFLHIDTA initiatives and ensure they are in compliance with the ONDCP /SFLHIDTA Program Guidance and other program requirements. The Deputy Director shall not exercise operational control of law enforcement initiatives. C. Exercise reprogramming authority consistent with the SFLHIDTA Program Guidance. D. Maintain accountability of all equipment purchased with SFLHIDTA funds through an inventory system. E. Assist SFLHIDTA agencies in establishing and recording the outputs for each initiative and the outcomes of the South Florida SFLHIDTA. E Establish procedures to evaluate the contributions of each initiative to the overall SFLHIDTA strategy. G. Facilitate the flow of information between and among the initiatives and supporting agencies. Promote regional and national cooperation as appropriate. H. Provide advice to the Executive Committee concerning the status, direction and success of the SFLHIDTA initiatives, programs and requirements from ONDCP. I. In response to time sensitive administrative and programmatic tasking, make decisions on behalf of the Executive Committee based upon previous direction, decisions and knowledge of the Executive Committee. J. Ensure continuous dialogue among members of Executive Committee. Be fair and impartial in pursuit of projects and programs aimed at achieving the maximum benefit for the SFLHIDTA. K. Perform SFLHIDTA travel only to represent or fulfill requirements of the South Florida SFLHIDTA, its Executive Committee or the national ONDCP /SFLHIDTA program. L. Perform additional duties/ requirements identified by the Page 9 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC Executive Committee which must be consistent with ONDCP /SFLHIDTA Program Guidance and deemed necessary to enhance the SFLHIDTA Program. M. With the concurrence of the Executive Committee, Contractor will hire staff personnel for the South Florida SFLHIDTA, which positions have been approved and funded by the ONDCP. N Provide daily supervision, and other required management functions, for all staff employees of the South Florida SFLHIDTA. Page 10 of 10 SFLHIDTA Deputy Director's Contract - Widell, LLC