Res No 084-12-13641RESOLUTION NO. 84-12-13641
A Resolution authorizing the City Manager to execute the contract to pay the
salary and vehicle compensation for the Deputy Director of South Florida
HIDTA, Widell, LLC, from the South Florida High Intensity Drug
Trafficking Areas (SFLHIDTA) grant in the amount of $159,129.00.
WHEREAS, the SFLHIDTA 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; 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 will be compensated in the amount of $3,183.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the
contract to pay the salary and vehicle compensation for the Deputy Director of South Florida
HIDTA, Widell, LLC, in the amount of $159,129.00. The contract is attached.
Section 2: This resolution shall be effective immediately after the adoption hereof.
Res. No. 84 -12 -13641
PASSED AND ADOPTED this 17th, day of April , 2012.
ATTEST:
2
APPROVED:
/ou
Ll )ej
MAYOR
Commission Vote: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Harris: Yea
Commissioner Newman: Yea
Commissioner Welsh: Yea
South Miami
All- Amedea City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER 2001
INTER - OFFICE MEMORANDUM
TO: The Honorable Mayor & Members of the City Commission
FROM: Hector Mirabile, Ph.D., City Manager j
DATE: April 17, 2012 Agenda Item No.:
SUBJECT. A Resolution authorizing the City Manager to execute the contract to pay the salary
and vehicle compensation for the Deputy Director of South Florida HIDTA,
Widell, LLC, from the South Florida High Intensity Drug Trafficking Areas
(SFLHIDTA) grant in the amount of $159,129.00.
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 SFLHIDTA, 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
SFLHIDTA 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 OFFICE OF THE PRESIDENT
OFFICE OF NNI'IONAI, DRUG CONTROL POLICY
Washingtmy 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 -2`I 201? 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 $162,312.000 This grant will support
if
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, ineluding.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,
en)Scrivner, E Ph.D,.
National HIDTA Director
03- 26- 12"A,W09 RCVQ
s
Page I ni'S
Executive Office of the President
Office of National Drug Control Policy
Grant Agreement
l„
Recipient Name and Address
., 4. Award Number: Gi2MI0005A` ...
City Manager Hector Mirabile
City of South Miami
5. Grant Period: Fiom 0 1/0 I%2012 to 12/31/20I3
6130 Sunset Drive
South Miami, FL 33143
JA,
Recipient IRSNendorNo.: 1596000431A1
6. Date: 2/27/2012
7. Action
Subrecipient Name and Address
8. Supplement Number
E]Initial
Supplemental
2A
Subreeipient IRSNendor No
9. Previous Award Amount:
.............
3.
Project Title
10. Amount of This Award:. $162,312.00
.
a l .Total Award . .. ..........:.. . _... $1 b2,312.00
12.
This Grant is approved subject to such conditions or limitations as are set forth on the attached four
13.
Statutory Authority for Grants Public Law 112 -74
I
tY.(
14.
Typed Name and Title of Approving Official
i 15. Typed Name and Title of Authorized Official
Ellen Scrivner, Ph.D.
Hector Mirabile
National HIDTA Director
_ City of South Miami 2
16
Sign ux; of App g ONDCP Official
17. Signatu Authoriz Recipient /Date
'.ST_
. .,.. x)...n.a ...,...�... b ,.k'
it.:
?,�• o-7.., .. .. ,..,.. .. .
18.
Accounting; Classification Code
19, HIDTA AWARD
DUNS: 24628976
ONDI OB3SE1213
EIN: 1596000431 A 1
OND2000000
OC4101
s
GRANT CONDITIONS
A. General Provisions
1. This grant is subject to:
Grant G 12MI0005A
Page 2 of 5
i
• 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 A -110, Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals
and Other Non - Profit Organizations;
' a'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 A433, "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 012MI0005A
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.
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;
I. 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,
1.
C. Payment Basis
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 U.S..Postal Mail: .
P.O. Box 6021
Rockville, MD 20852
:Via FedEx::
7700 Wisconsin Avenue
10th Floor
Bethesda, MD 20814
i
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:
Name:
Organization: City of South Miami
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Budget Detail
t. outh Florida
Initiative " Management ro a
Award Recipient" City of 010:
Resource Recipient • ;/
A warded Rudget (as approved by ONDCP)
Contractor . Director Deputy
Vehicle allowance
Total Services
1 $150,72100
1. $8,400.00
$159,129000
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 PAR`I'IES:
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:
AThe 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
SFLHIDTA 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
SMAID'TA 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 SOUTII
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 SOU'T'H
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
UNDERSTOOD AND AGREED TO THISgT DAY OF
Witnesses as
SOUTH MIAMI
By:.,�
Contractor
as to
6' , 2012.
UJIMM
Page 8 of 10
SFLI- IID'I'A Deputy Director's Contract - Widell, LLC
lb
1011 UTII
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 ONDCR
L 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
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SFLHIDTA Deputy Director's Contract - Widell, TIC
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.
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SFLHIDT -A Deputy Director's Contract- Widell, LLC