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9To: From: Date: Subject: Background: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission South Miami hOd A1l-America City 'IIU' 2001 Hector Mirabile, PhD, City Manage~ I) September 24,2012 Agenda Item # ~ A Resolution authorizing the City Manager to provide funding for the South Miami Drug Free Coalition's prevention programs using Federal Forfeiture funds from account number 615- 1910-521-3450, (Federal Forfeiture Contractual Services) in the amount of $30,000. The Police Department supports community partnerships and community-based programs such as the South Miami Drug Free Coalition. The SM Drug Free Coalition has ongoing prevention programs that need funding in order to continue to implement and expand programs that reduce substance abuse in the community, particularly among the youth. The South Miami Drug Free Coalition has worked the with the South Miami Police Department and partners in government, health care, education, business and the media to help keep kids safe, healthy and drug free. This proposed expenditure is permissible under Appendix C of the Department of Justice publication titled: "Guide to Equitable Sharing for State and Local Law Enforcement Agencies" . Expense: $30,000.00 with a current balance of $133,748.00 Attachments: 0 Proposed Resolution o Funding Proposal from the South Miami Drug Free Coalition o Memorandum of Agreement o Appendix C/Guide to Equitable Sharing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. _______ _ A Resolution authorizing the City Manager to provide funding for the South Miami Drug Free Coalition's prevention programs using Federal Forfeiture funds from account number 615- 1910-521-3450, (Federal Forfeiture Contractual Services). WHEREAS, the Police Department supports community partnerships and community-based programs such as the South Miami Drug Free Coalition; and WHEREAS, the South Miami Drug Free Coalition was founded in 2003 to reduce substance abuse in the South Miami community, particularly among youth which has a Memorandum of Agreement with The Miami Coalition for a Safe and Drug Free Community, a private, nonprofit organization, pursuant to 26 U.s.c. section 501(c)(3); and WHEREAS, the South Miami Drug Free Coalition has ongoing programs that the police department would like to assist with funding such as the Screening, Brief Intervention and Referral Treatment (SBIRT) program at South Miami Hospital, Project Sticker Shock, Quarterly Compliance Checks, the (LAUGH)ter School Club; and WHEREAS, the funding allocated for these programs shall be $30,000.00 which will come from the shared funds in Federal Forfeiture account #615-1910-521-3450; and WHEREAS, this expenditure is permissible under Appendix C ofthe "Guidelines of Equitable Sharing for State and Local Law Enforcement Agencies" and provides the police department with the opportunity to provide financial assistance to a community-based program that lowers alcohol and drug use among our City's youth. 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 hereby authorized to pay to the order ofThe Miami Coalition for a Safe and Drug Free Community in the amount of $30,000 to be charged to account #615-1910-521-3450, which has a current balance of $133,748, to be used for South Miami Drug Free Coalition programs including the Screening, Brief Intervention and Referral Treatment (SBIRT) program at South Miami Hospital, Project Sticker Shock, Quarterly Compliance Checks, the (LAUGH)ter School Club: The payment of these funds is contingent on the payee's delivery of a Background and Compliance with Law and Policy Certificate to the City's Chief of Police. Section 2: That this resolution shall be effective immediately upon approval. PASSED AND ADOPTED this __ day of October, 2012. ATTEST: APPROVED: CITY CLERK Read and Approved as to Form, Language, Legality and Execution Thereof: CITY ATTORNEY MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: 1 BACKGOUND FUNDING PROPOSAL TO: Chief Orlando Martinez de Castro South Miami Police Department The South Miami Drug-Free Coalition was founded in 2003 to reduce substance use in the community, particularly among youth. Since then, the coalition has worked with the South Miami Police Department and partners in government, health care, education, business and the media to help keep kids safe, healthy and drug free. Our partnership with the police department has included promoting your success with DUI checkpoints, saturation patrols and other drug-reduction operations; compliance checks of alcohol retailers; data sharing; presentations and Project Sticker Shock in cooperation with the Police Explorers. Outlined below are some of our ongoing programs, currently funded at $50,000. We are requesting a $83,000 grant to allow us to implement new and expanded programming in the coming year, to begin at the start of the 2012-13 school year. Details of our program expansion are outlined on pages 3 and 4. Project Sticker Shock: Conducted in cooperation with the South Miami Police Explorers and local merchants, stickers are placed on bottles of alcohol to remind adults not to purchase legally and provide to minors illegally. The coalition handles merchant outreach, and the stickering is done by youth in the Explorers post and coincides with major drinking events -i.e., homecoming, holidays, prom and graduation. Student-Run Anti-Drinking Campaign: At South Miami Senior High, students are working to change the perception among their peers that "everybody drinks." Students plan and implement activities to instill school pride, encourage personal responsibility and model healthy decision-making. The coalition funds a faculty advisor to oversee the students, the training provided to the students and the advisor, and materials for the activities. We also evaluate the effectiveness ofthe campaign by monitoring awareness of the message and changes in behavior. Know the Law Education for Parents: Nearly one-third of students reported in a recent survey that their parents gave them alcohol. But there are legal and health consequences to underage drinking -both for 1 the youth who drinks and the adult who provides. The coalition distributes a Know the Law card to students' homes, area businesses and attendees at local festivals and routinely provides training to parents and other adults. The (Laugh)ter School Club: Each day, dozens of middle school children are left unattended when school lets out. Some walk home along busy streets or through unsafe neighborhoods; others hang around school until parents pick them up after work. It's a recipe for disaster. The coalition is piloting an innovative new program that helps these young students develop healthy self-esteem and the ability to resist peer pressure to use alcohol or drugs. The program combines improvisational theater with prevention education, using theater techniques to help students more fully understand the consequences of their choices and build the skills necessary to make the right decisions. Prevention Outreach Campaigns: Through Informed Families, the coalition implements three campaigns throughout the year designed to raise awareness of substance use issues. They are: 1) Safe Homes/Safe Parties, to educate parents about the dangers of serving alcohol to minors at their home or allowing their child to attend parties at others' homes, 2) Family Day, to encourage families to eat meals together; and 3) Red Ribbon Campaign, to draw attention to substance use and prevention. Outreach to Middle Schoolers: In cooperation with the South Miami Police Department, the coalition is making presentations to educate middle schoolers about the transition to high school. Officers from the department will talk about the presence of drugs and the long-term consequences of use, including how an arrest or unflattering posts on social media can affect their futures. These efforts have been successful in helping to lower underage drinking. Fewer kids report using alcohol today than just four years ago. In fact, alcohol use has dropped more than 6% among 10th graders since 2008 and 9% fewer 8th graders report drinking alcohol as well. At South Miami Senior High, where the coalition funds the anti-drinking campaign "Cobrawesomeness," binge drinking has also dropped. In addition, more than 300 teachers have been educated to identify substance use, and thousands of residents have received substance abuse prevention messages through media, special events and outreach efforts. Through the growth and development of our organization, the coalition has created strong community partnership and has undertaken an assessment and evaluation process, which has informed our strategies and ensured that we are responding to community needs. While we are proud of our accomplishments, we know more needs to be done. Surveys of our area youth show that half of high schoolers drink and a large number of them binge drink. Our data indicates that students believe their friends are drinking far more often than is actually the case. Unfortunately for our youth, perception often becomes reality, particularly if they have access to alcohol. Students tell us they get their alcohol from older adults, including their parents (30% of students say so). A smaller yet significant number purchase it directly from a store. 2 We also know we need a concerted effort to prevent marijuana use among youth. Students' perception of harm is down, which makes them less likely to avoid marijuana, and they tell us the drug is easy to get. As a result, use is up dramatically. At the high school level, use among 12th graders has doubled in the last four years, from 14.8% in 2008 to 31% in 2012. While we don't have empirical evidence about all of the causes of this increase, we believe it reflects a growing acceptance of marijuana as "medicine" and a lack of understanding about the inherent dangers of this illicit substance. Our kids face other challenges as well, as identified through our recently completed community needs assessment: • South Miami Middle School lacks early care, so students are often dropped off by 6 a.m. by parents who must get to work early; • It and other schools have aftercare programs that are too expensive for families on the economic margins; • Very little drug and alcohol prevention work is done at any grade level in the six public schools in our immediate area, which means kids aren't getting the knowledge and developing the skills to resist these dangerous substances; • And parents are still woefully uninformed, oftentimes condoning underage drinking or simply remaining unaware of the exposure their children have to alcohol and drugs. THE COALITION HAS INCORPORATED THESE NEEDS INTO ITS PLANNING AND IS CURRENTLY SEEKING DRUG FORFEITURE FUNDING TO FILL THESE GAPS. AMONG OUR PROPOSED STRATEGIES ARE EXPANDED AND NEW PROGRAMS, INCLUDING: PREVENTION PROGRAMS IN SCHOOLS: In partnership with South Miami Hospital, the coalition is developing a nurse-run prevention system for six public schools in the South Miami school feeder pattern; these are: South Miami Middle, K-8, Senior, Ludlam Elementary, SoMi Somerset Academy and David Fairchild. Projected Funding Need: $50,000 Includes program development, staffing, training/technical assistance, supplies. COACHES TRAINING: Kids often look to coaches and other authority figures for guidance that either they don't receive or don't value from parents or older relatives. The coalition will train a community member to work with coaches to help them recognize substance use, set clear guidelines for athletic participation and identify when more resources are needed. This effort will encompass both school-based athletic programs and community-based programs. Projected Funding Need: $5,000 Includes staffing, training/technical assistance, supplies. 3 ~ SBIRT EXPANSION: Where it has been implemented, Screening, Brief Intervention and Referral to Treatment (SBIRT) has been proven to reduce substance use by identifying problem use before it becomes abuse. A pilot program at South Miami Hospital has shown promise in changing alcohol use behaviors, and will be expanded to include other substances. It will also be implemented at other sites, such as schools. Projected Funding Need: $5,000 Includes staffing, training/technical assistance, data collection/analysis, supplies. 7J *' QUARTERI.. Y COMPLIANCE CHECKS: Reducing minors' retail access to alcohol is one of the most effective ways of lowering underage drinking, and routine compliance checks (at least quarterly) with rechecks for offenders is a key part of that effectiveness. In 2009, the SMPD conducted a round of compliance checks in cooperation with ABT and the coalition, which found five of seven retailers out of compliance. ABT conducted follow up checks on the five and found one continuing to see. Unfortunately, due to staffing changes and budget constraints, those were the last compliance checks conducted by the department. We propose a quarterly schedule of checks (SMPD and ABT) and rechecks (ABT) on those found out of compliance, along with a media component that recognizes those retailers found to be in compliance. Projected Funding Need: $8,000 Includes police department overtime staffing, data collection/analysis, communications to retailers and 'L the community. I f) ""2.. k ;>~?t~cG(~ C{P;C)A., v'~V\-L '-.\ ~ EXPANSION OF THE (LAUGH)ter SCHOOl.. CLUB: -\ This small pilot project is just about to wrap its trial run at South Miami Middle School. It was implemented to provide an alternative activity for students who hang around after school unsupervised. By helping students explore situations they're likely to face -peer pressure to use alcohol or drugs, bullying or sexual harassment -in a fun, interactive way, we help them develop the skills they need to make healthy decisions. The pilot was offered two days a week for 10 weeks to 16 students. Our plan is to expand the program to a full week, year-long program with a minimum of 30 students participating Projected Funding Need: $15,000 Includes staffing, training/technical assistance, evaluation/reporting, snacks for partiCipating students, supplies. Each of these activities has a pre-and post-test component, and the coalition will continue to measure youth alcohol use by implementing biennial surveys in the schools. This will allow us to track and report to you about increases in knowledge about substance use and changes in behavior. Our objectives are: By December 2015: • Reduce alcohol use among 8th graders from 15.6% to 10% and among 10th graders from 29.2% to 25%. • Reduce marijuana use among 10th graders from 19.5% to 15% and among 12th graders from 31% to 25%. 4 • Increase the perception of risk of marijuana use among 8th graders from 83% to 88% and among 12th graders from 58% to 70%. A grant of $83,000 from the South Miami Police Department's drug forfeiture fund will greatly help us achieve these objectives by directly supporting our existent operating programs in 2012-13, and the proposed new and expanded programs outlined above. The ultimate benefit of the grant, however, will be the improved health and safety of youth in our community. "Making a Difference in Kids' Lives" 5 MEMORANDUM OF AGREEMENT between South Miami Drug-Free Coalition and The Miami Coalition for a Safe and Drug Free Community, Inc. Objective: This MEMORANDUM OF AGREEMENT is entered into by and between the South Miami Drug-Free Coalition (SMDFC) and The Miami Coalition for a Safe and Drug Free Community, Inc. (TMC). The Parties: The South Miami Drug-Free Coalition (SMDFC), having principal offices at 2490 Coral Way, Miami, FL 33145, shall hereinafter be referred to as SMDFC. The Miami Coalition for a Safe and Drug Free Community, Inc., a county-wide coalition promoting safety, health and drug-free community initiatives, and the convening coaiition for the Miami-Dade Coalition Aiiiance ( MDCA~ shaii hereinafter be referred to as TMC, having principal offices at 13287 SW 124 Street, Miami, Florida 33186-6437. Whereas both parties have a mutual interest in safety, health, the reduction of substance abuse and quality of life in Miami-Dade County, and in planning, community development, implementation and evaluation of environmental strategies and prevention services promoting health and wellness, both parties agree to work together toward these mutual goals as indicated below: Responsibilities of the South Miami Drug-Free Coalition (SMDFC): The South Miami Drug-Free Coalition (SMDFC) shall be responsible to: • Set policy for its own programs. • Formulate goals and objectives in compliance with its funding source. • Oversee the daily operations of its activities and programs. • Create, approve and follow its budget in compliance with the requirements of its funding source. • Respond in a timely fashion to requests for samples, invoices or other documentation. IIIFoliow the policies and procedures of TMC in submitiing requests for the dispersal of grant funds . • Provide to The Miami Coalition copies of all required documentation, including but not limited to grant proposals, bylaws, minutes of meetings, goals and objectives, budgets, personnel agreements, personnel and program policiesl invoices and back-up documentation as needed to explain each expenditure. • Pay an administrative fee of 5% of funds received for the fiscal administration services provided by TMC. This Agreement shall not render TMC or any staff members an employee of the SMDFC for any purpose. TMC and SMDFC are, and will remain, independent coalitions voluntarily collaborating to assist SMDFC in the administration of grant funds received bySMDFC. Responsibilities of The Miami Coalition for a Safe and Drug Free Community (TMC): The Miami Coalition for a Safe and Drug Free Community, Inc. shall be responsible to: • Work in collaboration with the SMDFC to administer grant funds awarded to SMDFC, doing so at the direction of the SMDFC, in accordance with grantor funding guidelines, SMDFC priorities and TMC fiscal and operational policies and procedures. • Provide banking services, perform bookkeeping, prepare and distribute payroll, and prepare and submit through its bookkeeping staff the appropriate forms for any employment taxes. Wages and payroll taxes due for staff affiliated with the South Miami Drug-Free Coalition shall be paid from South Miami Drug-Free Coalition funds. • Compile, maintain and make available to South Miami Drug-Free Coalition and/or its officers upon request all financial reports, books, records, documents and other evidence pertaining to the costs and expenses relating to this Agreement to the extent and in such detail as will properly reflect all direct costs of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature for which reimbursement is claimed or payment is made under the provisions of this contract. • Collaborate with SMDFC on local and regional prevention initiatives agreed to as mutually beneficial to accomplish the missions of both organizations. Compliance and Confidentiality Both TMC and SMDFC acknowledge that during this fiscal agent engagement they may have access to and become acquainted with various processes, information, records, and specifications owned or licensed by the SMDFC and TMC, and potentially other funders and coalition members and/or used by the above listed parties in connection with the operation of business including, without limitation, the above listed parties business and product processes, methods, customer lists, accounts, and procedures. Both parties agree they will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement. Both parties shall be in compliance with all applicable aspects of federal and state confidentiality regulations pertaining to persons served including but not limited to 42 CFR and the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the Administrative Simplification section, Title II, Subtitle F, regarding standards for privacy and security of PHI (protected health information) as outlined in the Act. Thts agreement constttutes the enUre agreement between the parttes. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver of terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment,consent, or waiver shall be effective only in the specific instance and for the specified purposes given. The parties to this agreement by the signatures below of their authorized representatives acknowledge having read and understood the agreement and agree to be bound by its terms and conditions. Duration: This Agreement shall be in effect for one (1) year from the date of ratification unless canceUed by either party as ouWne4 in the termination section of this agreement. . It may be fixtended by one year, or for a period of time agreed to by both parties, by written agreement of both parties. Termination: Either party may terminate the agreement with or without cause and by written notification, signed by the appropriate officiar of the institution initiating the notice. However, such notification must be received by the other party at least 30 days prior to the effective date of termination. Marga et rinzavaUi Sotham, Director South Miami Drug-Free Coalition . Hughes, Execu· The Mi . i Coalition for a Drug Free Community, Inc. 09-20-2012 Date: 09-20-2012 Date: Guide to Equitable Sharing -35 APPENDIXC: Guidelines for Determining a Community-Based Program's Eligibility To ensure that recipient law enforcement agencies administer these guidelines for determining a com- munity-based program's eligibility in accordance with the federal law and Department of Justice policy, an agency's chief law enforcement officer must ensure his or her agency's adherence to the following requirements governing eligibility, background, and compliance of applicants to be eligible to benefit from shared funds. The federal investigating agencies and the United States Attorney's Offices also are tasked with helping to ensure applicants' suitability to receive guidelines for shared funds use expen- ditures. Once completed, the chief law enforcement officer's certification that an applicant is eligible to benefit from shared funds will remain effective for one year. I. Eligibility For an applicant to benefit from permissible use expenditures, the chief law enforcement officer shall determine that the applicant fulfills the following eligibility requirements: A. Type of Entity The applicant must be either: (1) a state, county, or local governmental department or agency; or (2) a private, nonprofit organization, pursuant to 26 U.s.c. § 501(c)(3) or (4). B. Activity of Entity The applicant also must be primarily engaged in providing a program that is both: (1) community-based; and (2) supportive of and consistent with a law enforcement effort, policy, or initiative. Such programs include, but are not limited to, the following: (1) drug abuse treatment; (2) drug and crime prevention education; (3) providing housing; or (4) providing job skills. In order to assist chief law enforcement officers in determining whether a potential recipient of ben- efits under the guidelines for supporting community-based programs with shared funds is eligible, 36 • Guide to Equitable Sharing the Department of Justice provides the following non-exclusive list of examples of activities that it has approved in the past as qualifying to benefit from equitable sharing: (1) establish a detoxification center; (2) fund a Police Athletic League's "Summer Playstreets" program for crime and drug prevention; (3) fund a city parks department's anti-gang initiative; (4) fund "Law Enforcement Explorer Posts," a Boy Scouts program promoting law enforcement training and community service; (5) fund a "Crime Stoppers" program providing reward money and assistance to neighborhood watch groups including training on observance and effective witness skills: (6) purchase a computer for teaching job skills and drug and alcohol awareness to probationers; (7) fund programs for incarcerated youth, parents of murdered children, and domestic violence victims; and (8) fund a methadone clinic. Considering each of these approved activities, the Department of Justice based its approval on the activity's nexus to a law enforcement interest, whether: (1) direct (e.g., paying rewards for key information); (2) preventative (e.g., funding a methadone clinic, drug awareness program, anti-gang initiative, and probationer training); or (3) developmental in promoting community policing (e.g., incorporating law enforcement awareness in a Boy Scout program). II. Background and Compliance with Law and Policy A. Certification by Applicant An applicant for benefits to support community-based programs with shared funds must certify in writing the following aspects of its background and compliance with federal law and Department of Justice guidelines: (1) The applicant fulfills the basic eligibility requirements set forth in parts LA and B above. (2) The applicant agrees: a. to account separately for all guidelines for shared funds use benefits received; and b. to subject such accounting to the standard accounting requirements and practices employed under state or local law for recipients of federal, state, or local funds. Guide to Equitable Sharing _ 37 (3) The applicant is in compliance with the federal civil rights laws. (4) The applicant is in compliance with federal laws that apply to the applicant. (5) No officer, director, trustee, or fiduciary of the applicant has been: a. convicted of a felony offense under federal or state law; or b. convicted of any drug offense. (6) No shared benefits will be used for political or personal purposes. (7) No shared benefits will be used for any purpose that would constitute an improper or illegal use under the laws, rules, regulations, or orders of the state or local jurisdiction in which the applicant is located or operates. The applicant's certification must be signed by the head of the applicant entity and must be submitted to the chief law enforcement officer who will approve expenditures on the applicant's behalf. The chief law enforcement officer shall maintain this certification as a record as long as the applicant may benefit from shared funds, and thereafter, for as long as the chief law enforcement officer is required to main- tain records under applicable state or local laws or regulations. Any applicant that cannot certify its compliance with number 5 above (criminal record of principals) should provide the chief law enforcement officer with a detailed explanation of the aspects in which, and the reasons why, certification is not possible. A chief law enforcement officer who wishes to pro- vide support to an applicant that cannot certify compliance with number 5 above shall provide an explanation for his or her position, along with a copy of the applicant's explanation, as an attachment to the law enforcement agency's Form DAG-71 (Application of Transfer of Federally Forfeited Property) to the Asset Forfeiture and Money Laundering Section (AFMLS), Criminal Division, Department of Justice. AFMLS will make the final decision on whether the provision of guidelines for shared funds use benefits is appropriate. An applicant for benefits under these guidelines that cannot certify the other aspects of its back- ground and compliance with federal law and Department of Justice guidelines (numbers 1-4, 6 and 7 above) will be denied guidelines for shared funds use benefits. B. Statement by Chief Law Enforcement Officer The chief law enforcement officer shall explain in writing why the applicant's receipt of permissible use benefits for the particular activity or use is supportive of and consistent with a law enforcement effort, policy, and/or initiative within the guidelines to support community-based programs. The chief law enforcement officer also shall maintain this written statement as a record as specified in section II.A above. 38 • Guide to Equitable Sharing C. Inquiry by the Chief Law Enforcement Officer A chief law enforcement officer is also responsible for determining whether an applicant for benefits under these guidelines or its principals (e.g., officer, director, trustee, or fiduciary) currently is the sub- ject of federal, state, or local criminal investigation. Accordingly, a chief law enforcement officer shall: (1) utilize all investigative resources available (e.g., National Crime Information Computer) to determine the applicant's status and provide the findings to the federal investigative agency on the Form DAG-71; and (2) fully identify the applicant and its principals on the Form DAG71. D. Inquiry by the Federal Investigating Agency The federal investigative agency that receives the Form DAG71 shall use the information identifying the applicant and its principals to conduct further checks of whether the applicant or its principals cur- rently are the subject of a federal, state, or local criminal investigation. The federal investigative agency also shall provide this identifying information to the United States Attorney in the district where the applicant is located, and where the applicant is operating, and to the chief law enforcement officer involved (unless non-disclosure is required to safeguard a federal investigation in progress). E. Inquiry by the United States Attorney The United States Attorney in the district where an applicant or one of its principals is located, or where it or one of its principals is operating, shall determine whether the applicant or principal cur- rently is the subject of grand jury proceedings or other prosecutorial scrutiny in that district, and the United States Attorney shall notify the federal investigative agency of the findings, and also shall notify the chief law enforcement officer involved (unless non-disclosure is required by federal law or to safe- guard a federal investigation in progress).