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Res No 063-13-13881&4 W RESOLUTION NO. 63-13-13881 A Resolution authorizing the City Manager to award a one year contract with an option to renew for two one -year options to the most responsive and responsible bidder for the City's Senior Program weekend delivery meal service. WHEREAS, The City accepted sealed proposals for the Senior Program weekend meal delivery service which takes place at the Senior Center located at 6701 SW 62 Avenue; and, WHEREAS, an Evaluation Committee comprised of City personnel reviewed and evaluated the proposals; and, WHEREAS, the Evaluation Committee recommended the award of a one year contract with an option to renew for two one -year options to the most responsive and responsible bidder for the City's Senior Program weekend meal delivery service; and, WHEREAS, the Evaluation Committee recommends Montoya Holdings as the awarded vendor on a one year contract, with two (2) one -year options to renew, for the City's Senior Program weekend meal delivery service; and, WHEREAS, the City will utilize grant funds to purchase the senior's weekend delivery meal service with a current allocation of $18,400 during FY2012/2013. 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 enter into a contract with Montoya Holdings for one (1) year with two (2) one -year options to renew, for the City's Senior Program weekend meal delivery service at the Seniors Center. A copy of the agreement is attached. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 19 day of March , 2013. ATTEST: APPROVED: viii Res. No. 63 -13 -13881 CITY CLERK MAYOR ORM, COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5 -0 Yea Yea Yea Yea Yea 0: ,u * 4� O. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission From: Steven Alexander, City Manager South Miami krOkell All•Ameaca City 'I I I le' 2001 Date: March 4, 2013 Agenda Item No.: (a SUBJECT: A Resolution authorizing the City Manager to award a one year contract with an option to renew for two one -year options to the most responsive and responsible bidder for the City's Senior Program weekend delivery meal service. BACKGROUND: The City of South Miami Parks and Recreation Department manages the Senior Program that takes place at the Senior Center located at 6701 SW 62 Avenue South Miami, FL 331430 The City has been awarded a grant from Miami -Dade County, Office of Management and Budget for FY 2012/2013 in the amount of $18,400 to supply senior citizens enrolled in the Senior Program with weekend meals. The meals will be delivered to each residents unit on Friday to be used for weekend meals (Saturday and Sunday). Currently, construction is taking place at the Senior Housing residence located at 6701 SW 62 Avenue South Miami, FL 33143. This construction project is being completed by Related Urban Development. Construction will take place on a floor by floor basis starting with the 6th floor. The seniors residing on the floor being renovated will be temporarily displaced and will have their meals delivered by City personnel (on the same day) to their temporary residence located at the Best Miami Hotel (5959 SW 71 Street) in South Miami. The estimated time /duration for the project per floor to be completed is 45 — 60 days. Once construction has finished, all meals will be delivered to each senior's residence by the awarded vendor. During this fiscal year, beginning October I, 2012, we have been utilizing Construction Catering on a month to month (not to exceed 8 months) contract to provide the weekend delivery meals service. To be in compliance with all purchasing guidelines, the City solicited bids for the weekend delivery meals service for the Senior Program. An Evaluation Committee comprised of City Staff reviewed the submitted proposals. We received three weekend delivery meal sealed proposals; a summary of the bids are below: g: V: 4, PROPOSALS Montoya Holdings , ILS Group Construction Catering Meal Price Yr 1 $2.59 $14,032.62 $2.89 $151658.02 $3625 $170608.50 Option Yr 2 $2.59 $14,032.62 $2.99 $16,199.82 $3.25 $17,608.50 Option Yr 3 $2.61 $14,140.98 $3.09 $160741962 $3.25 $170608.50 All three proposals met the required bid criteria and Montoya Holdings was the lowest bidder. The evaluation committee recommends Montoya Holdings to provide weekend meals delivered to the seniors enrolled in the Seniors Program. EXPENSE $14,032962 FUND & ACCOUNT ATTACHMENTS: Resolution ITQ Pre -Bid Sign in Sheet Reference Checks List of References SunBiz Report MDC Contract Award Sheet Bid Opening Report Signed Construction Catering Contract Grant Contract with Miami -Dade County CITY OF SOUTH MIAMI, S+wtitbliany INVITATION TO QUOTE ty, SUBMITTED TO: City Clerk PROJECT: Catering Weekend Meals for Senior NAME: Maria Menendez, CMC ADDRESS: 6701 SW 62 Ave ADDRESS: : 6130 Sunset Drive - - - - - - -- - CITY /STATE:.South.Miami, F133143 - - - -- -- - - - CITY /STATE: Miami, Florida 33143 - DATE: - Wednesday, January . 30, 2013. PHONE: 305- 663.6339 -. —.. E -MAIL: skulick @southmiamifl.gov MANDATORY PRE -QUOTE MEETING: Thursday February 14, 2013 of DUE DATE:- Friday, February 22 2013 at 20:00 AM -_�0:00'ANi QUOTE SUBMISSION REQUIREMENTS: All bidders must attend Mandatory Pre -quote Meeting (If Applicable) to submit a quote. Quotes submitted after 10: 00 AM on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the envelope needs to read as follows: City of South Miami Attu City Clerk: Maria M. Menendez, CIVIC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: Catering Weekend Meals for Seniors Must 6 0tit Project riome, jfja6ctdo4ilyhaveallQ6 , MdtionBbovc' vourottote 'WJ1Jnat:tieaccepted.; Affidavits and Forms to BE COMPLETED BY BIDDER: (EXHIBIT 1) INSURANCE REQUIREMENTS: The City's insurance requirements are attached (Exhibit 2). As a condition of award, the awarded vendor most provide a certificate of insurance naming the city as additional Insured. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): purpose of this ITQ is to solicit quotes from qualified catering Eompanies. Beginning March 2013 to September 30, 2013. City of South Miami Parks and Recreation Senior Program will provide two (2) prepackaged meals to sixty -three (63) [dents at the HUD Senior Center every Friday. The program will provide 126 meals per week (one meal for Saturday and Sunday) participants in the program. In total, the program will provide 126 meals to 63 seniors (residents) at the HUD Senior Center :ry Friday for 43 weeks; which totals 5,418 meals during the contract period. Total Budget :$18,400.00 • meals are delivered to the Individual units to the seniors residing at the Senior Center; (see Exhibit 61 ote is (6 be submitted by "Per Meal" and "Lump Sum Total" for the - duration of the contract, s contract will be effective from March 1, 2013 until September 30, 2013. (See Exhibit N7, Service Agreement) the discretion of the South Miami City Manager, the contract may be extended for two, one -year optlons -to- renew. TO BE PERFORMED BY CONTRACTOR: tZrI7 ......... ....... Print /Type Na Signature: E -mail: Firm Name: individual Meat Numbers of Price Meals per Week LKI I Fax: F.E.I.N, No.: Address: f� rh`k "....... City: —q — —c THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER, THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. Meals per ,) Total Cost per Contract Year ;V? Bid Submittal Checklist Price Proposal Sheet 7copy of annual Inspection report from Florida De artment of Health P mit proof of registration with the State Department of Elder Affairs v Exhibit #1 Affidavits and Forms Submission Requirements V Local Business Tax receipt issued by Miami Dade County or government ntitjr hav t'g jul-isdictic n where the business is located Coriv of Food IVCana m nt C Pr6. ir_atP ✓ owf Departnt of:Busrriess and Professional Regulations Certificate Sam fifes of`the tray,, seal-. labe(and carton used to package the food Failure to submit any of the following items listed above will render your proposal non - responsive. ,P �3 R?i 4<4 :11 0 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS *1 I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the individuals) /firm, nor any of his /her /its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s) /firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s) /firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest /Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 of 10 ATTACHMENT##I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, Dartner. associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER' AT . ti I. This sworn statement is submitted to,,,.. [print name'o -the public entity] ray.; [print Indivici al's name a cdf,,�,'ftffl for b [print name of enti; sumretmg swo .h statemennt] whose business address is , �i -'��C j„ � X13 and (if applicable) its Federal Employer Identification Number (FEIN) is a� -Og `� � TO (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 38 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 2 of 10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender. 4: 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime :in Florida during the preceding 36 months shall be considered an affiliate. 5: 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 66 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Page 3 of 10 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CAGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known Produced identifi< (Type of identification) Form PUR 7068 (Rev.06/ 1 or :ation x' (Printed, typed 1/92) - r� day of ,.Yt/� ; 20 1 Notary Public — State of My commission expires ----_ -- 1 Page 4 of 10 ESEIYN GONV Notary. Public • State ray Comm. Expires 1 Commission # EE C) tb ATTACHMENT #2 "DRUG FREE WORKPLACE" V: Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing . the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the. satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, above requirements,. PROPOSER's Signature: Print Name: Date: I certify that this firm complies fully with the Page 5 of 10 ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" Submitted this day of ) ,.20.A3., 0— The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response /submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response /submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP The full -names and residences of persons and firms interested in the foregoing bid /proposal, as nrinCinak arcs ac fnlinwce ro --- 'r— v — The Bidder /Proposer further certifies that this response /submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge. and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service licit:' ( response /submission pertains. Signature: Printed Name, Title: r'i-S 1 Telephone:�� Company Name Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF D {dam COUNTY OF i\AtAv, i DA �t The foregoing instrument was acknowledged before me this 2 Z day �rLt. _ 20 1 3 by (, & t`i IJ2 A N o 1 { persd .whose sign tore is being notarized) who is EBELYN f ONPLEZ Notary Public - Sate of Florida My Comm. Expirn Jul 14, 20% Commission # EE 112459 - b. Page 7 of 10 (name of Personally known to me, or Personal identification: Type of Identification Produced Did take an. oath, or Did Not take an a! or type ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, !'.', (Name of Contractor), hereby acknowledge and agree that as Contractors fork :he GIS Services Q, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation, BY Name Title 51 3AJi'r" FAIL:URE7O COMPLETE' SIGN:: &'RETURN :THIS FORM MAY LDISQUAL.IFY QO RESPONSE. Page 8 of 10 � hs3 Ks S`s ATTACHMENT# 5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I -�t7.� J`'\ ' } ev , individually and on behalf of N., � &'AF rm ") have Name of Representotive ComponylVendorlEntity read the City of South Miami ( "City")'s Code of Ethics, Section SA -I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief. (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither 'I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has f transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted wit or with any person or ageni y acting for the city, other than as follows:. _....__ use a separate sheet to supply additional information that will Viot fit on this line but make reference to the additional: sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded,. the statement in this section (3) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals rv#yp jj: ;{Merest is set forth following their names: (Use a separate sheet to supply additional information .that w� ill not ft on this line but make refere..nce to the , additional sheet which must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent M otj more of the total assets of capital stock in the firm are as follows: ( (use a separate sheet to supply additional, information that will not fit on this aihO� 14t =make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or Employee], (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before; any ; board; IMiTilssion .;or agency of the City within the past two years other than;:asfoilows ,tl'` {use a separate sheet to supply additional inform' apan that will not fiit_on'this fine but make reference to the additional sheet which must be signed under oath). Tpepe©12 -21 -12 (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (1) any member of the City Commission; (ii) any city , p o or (iii) any member of any board or agency of the City other than as follows: ( ._ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that 1 represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: use a separate sheet to supply additional information that VVilf not IIL o11 tills lire ut make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family]. (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10):A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties . allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove an. :statements made hereinabove are true and correct to the best of my knowledge, information andititf Date: r)71 ::i!' 1::-LIP ATTACHED: Sec. 8A -I - Conflict of interest and code of ethics ordinance. Tpepe012 -21 -12 Exhibit # 2 Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub - consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR /COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and all damages, claims, liability,, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the. performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives,: employees, Sub - Contractor, or assigns, incident to, arising out. of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement.. The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractors, sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTOR/COMPANY its agents, representatives, Sub- Insurance and Indemnification July 25, 2012 Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25;000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accidentloccurrence, C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein.. Policy must specify whether it is primary or excess /umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non - payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability' clause without obligation for premium payment of the City. Insurance and Indemnification July 25, 2012 F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A -8 (A -VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above - mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list: City as an Additional Insured of the CONTRACTOR/COMPANY Is General liability insurance and shall provide the City quarterly reports concerning any and all claims. Insurance and Indemnification July 25, 2012 Exhibit 3. Minimum Qualifications for Award To be eligible for award the following requirements must be met: A. The Bidder shall provide a copy of its most current annual inspection report from the Florida Department of Health. The report must show corrective action, if applicable, where deficiencies are noted. If the report is not provided, the bidder may be considered non - responsive. B. Bidders must submit proof of registration with the State of Florida's Department of Elder Affairs, Food and Nutrition Management (Adult Care Food Program) at the time of bid opening as an approved caterer. 1. Bidders must provide the following documents at the time of bid opening: 2. Local Business Tax receipt issued by South Miami or government entity having jurisdiction where the business is located 3. Copy of Food management certificate 4. Copy of Department of Business and Professional Regulations certificate. 5. References as described in Section "C." 6. A mock sample of the label described in Paragraph (a) 7. A sample of the tray, seal, label and carton described in Paragraph (b;) C. Bidders must provide two (2) references of existing customers. The references listed must be customers that are currently receiving or have recently received from the bidder catering services of at least 100 people or more. The references must include the customer's name, and the name, title, address, and telephone number of the contact person who can verify that the bidder has successfully provided the services that the bidder is offering under this solicitation. These references shall ascertain to the City's satisfaction that the bidder has sufficient experience and expertise in providing meals for the elderly program.. Bidders shall, ptoVide the above documents with your bid. Full propopsal. a) Every food product should be labeled with the food item enclosed, the number of portions, portion size, day of usage, total quantity and name:. The successful bidder._shall submit a.sam_ple of the box label with the bid proposal for evaluation and approval by the City a Cro er, All entrees are to be packaged in three compartment containers that can be heated in toaster oven, conventional oven, and /or microwave oven. Containers are to have a clear strong -self venting peelable film. Desserts, puddings and other side items must be packaged separately in sealed containers. Breads shall be packaged in clear clean plastic bags or cellophane wrapping or film. Desserts are to be packaged in container with sealed peelback -type film. D. For purposes of meal sanitation, the packaging surrounding the meal must remain sealed during handling. Each meal is to be sealed in material that can withstand heat of a conventional oven, toaster oven or microwave oven. E. Label: Each meal shall be identified and appropriately labeled as to contents and directions for proper heating. (Type of print to be no smaller than Elite type). Label shall withstand the heat of conventional, toaster or microwave ovens without turning brown and /or burning. Lids shall be fireproof. Ink used on label shall not smear or rub off. F. Label must be easily removable by clients. G. Insulated Containers: Meals are to be packaged no more than 36 meals to an insulated thermal container. The outer corrugated insulated thermal container is to be minimum 200 pound test, sufficiently constructed to protect product and to withstand normal handling. Within the insulated thermal container, meals are to be packed .(egg-crated) 4 meals per layer (tray) with nine layers per carton. Between each layer of meals, a corrugated insert must be added. INSPECTIC;?N'.OF FOOD., The City reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract. It is the responsibility of the City to serve the required amount specified in the meal pattern. It is the responsibility of the successful bidder to provide sufficient amounts of each menu items to be served. The successful bidder shall not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, meals not delivered at the required temperature, meals not delivered in the appropriate containers, meals which contain spoiled or unwholesome food items and /or meals that are rejected because they do not comply with the specifications. The City reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The successful bidder shall be responsible for reimbursing the appropriate center within 24 hours for the cost associated with any alternative feeding measures. The City shall notify the successful bidder in writing as to the number of meals rejected and the reasons for rejection. The plant where meals are produced must be United States Department of Agriculture (USDA) or the Food and Drug Administration (FDA) inspected, approved for meat and poultry, with continuous on -site USDA or FDA inspections, as applicable. Bidder must include USDA or FDA plant number in the appropriate space provided on the bid proposal. ................ NO SUBCONTRACTING The successful bidder shall not subcontract with any company for the partial or total preparation or the delivery of the meal, and shall not assign their contract or any interest therein without the advanced written consent of the City. In the event of any assignment, the successful bidder shall remain liable to the City as principal for the performance of all his obligations under this contract. SPECIAL DIETS Some meals are required to be modified to meet the special dietary needs of the facility's clients as prescribed by their physician. These meals may be prescribed to be low fat, low cholesterol, restricted in sugar, or have other restrictions indicated by the client's physicians. Copies of the physicians" order will be provided to the successful bidder 24 hours in advance. The estimated number of modified meals is shown in Schedule "A ". These meals must be pre - packed in separate containers labeled with the facility's name, the client's name, the type of special diet, and the date of production. MENUS Four week cycle menus, one for each program are attached as samples, (See Attachment A). The cycle menus shall be strictly adhered to by the vendor. Any substitutions of food items will not be accepted unless prior approval has been given in writing by the Department Human Services. If substitutions are made without prior approval the program will disallow payment of such meals. Exhibit 4 Food Specifications SODIUM CONDIMENT No salt, accent, or any other sodium condiment should be used in preparation of food. FOOD SPECIFICATIONS The following Items must be supplied as specified: A. Vegetables a. Vegetables shall be frozen, not canned. B. Salads a. Tossed salad shall be as indicated on menus or other items as specified on menu cycle. b. Salads made with mayonnaise shall arrive at 40 degree F temperature C. Milk/Dairy a. Milk must be fluid, 1% low fat, pasteurized, fortified with Vitamin A and D. b. All milk is.to be iced. The ice must be in a solid state at time of delivery. Milk shall be packed in iced, in clean /closed thermal containers not containing cracks. Milk shall be packaged in 8 ounce cartons. Cheese must be natural or processed with not more than 3.9% moisture: Cheese food is not acceptable. Yogurt must be low fat and may contain artificial sweeteners and flavors. D. Bread a. All bread, cereal, cracker, and cookie products must be made with whole grain, enriched flour or meal as the primary ingredient. No trans fat allowed E. Fruit a. All fruits, juices, and vegetables must be USDA Grade A /Fancy. Fruits may be canned (except where fresh is indicated on menu) and must be packed in light syrup, water or natural juice. All fruit juices must be 100% full- strength and pasteurized. All fresh bananas are to be delivered one day prior green -tipped. F. Meat_ a. Meat, poultry, and eggs must be procured from USDA inspected facilities. Ground chuck and luncheon meats must be at least 85% lean. Luncheon meats and frankfurters (if by special request) must contain no variety meats. Chicken must be USDA Grade A and from fryers with weight of no less than two (2) pounds, 4 ounces. Chopped ham, chicken roll, and turkey roll cannot be used. Tuna must be Grade A, chunk light, packed in water and must be U.S. Government inspected. Eggs must be USDA Grade A. Fish must be Icelandic only and. bear USDC and U.S. Grade A shield on packaging; batter must be crunchy type breading. Peanut butter must be made from Grade A peanuts and of a smooth, thick consistency Mt G. Margarine a. Margarine is to be supplied in case lots to each site for use with breads and as vegetable seasoning. Margarine must be 100% canola or canola oil combination. No trans fat allowed H. Soup a. Soups shall be low sodium i. Coffee a. Regular coffee decaffeinated coffee, tea bags and "Cuban" styled coffee will be delivered in bulk lots in advance by the successful bidder so that they can be prepared by the facility's staff in time for the meals. Quantities will be determined by the menus and the number of servings requested by the facilities J. Cereals a. All dry cereals will be low sodium, low sugar, and individually boxed. All cookies or crackers will be individually packaged in the quantity required to be served to each client. All milk will be packaged in eight (8) ounce leak proof containers. All juices will be packaged In four (4) ounce leak proof containers. Fresh fruits will be packaged in bulk containers. Items that are to be served with breakfast are required to be delivered on the preceding business day that the center is open. s EXHIBIT 5 SOUTH M.IAM I WEE KEND MEALS MENU A MENU B Braised Beef in Tomato Sauce Cuban Tamal White Rice Red Beans & Rice Split Pea Soup..: Sliced Carrots Green Beans Vanilla. Pudding....,_ Dinner Roll Dinner Roll Milk _ Milk WEEK 2 MENU A MENU B Chicken Meat Balls in tomato sauce ..... Yellow Rice,_ Spaghetti Fried sweet plantains Italain mixed vegetables Peas.& Carrots. Garlic Bread Dinner Roli Corn Chocolate with cream Rice Pudding .. Milk _ Milk MENU A MENU B Media No.che Sandwich _... 3 Ham Croquettes _. Black Bean Soup Yellwo.Rice with Ham &Sausage__ Orange Juice Peas & Carrots Debbie Cake Chocolate Pudding Mariquitas .. Dinner Roll Milk Milk WEEK 4 MENU A MENU B Moro _ Ground Beef Pork Chuncks White Rice Boiled Casava with Mojo Green Beans _Apple Juice Dinner Roll Cuban Dinner Roll Fruit Cup Fruit cocktail Milk Milk. _. s: miamidade.gov July 25, 2012 Ms, Jennifer Korth Grants & Sustainable Initiatives Administrator City of South Miami 6130. Sunset Drive Miami, FL 33143 Management and Budget Grants Coordination 111 NW 1 st Street • 19th Floor Miami, Florida 33128 T305-375-4742 F305-375-4049 RE* Distribution of "Pink Slime" Meat Products by County Funded Programs Dear Ms. Korth: On June 5, 2012 the Board of County Commissioners passed Resolution #R478 -12, which prohibits Miami -Dade County from contracting with any food program that uses meat products that contain "pink slime " - low -grade beef trimmings commonly added to ground beef. The County took that action in response to customer concerns regarding possible health risks. To prevent a contractual compliance Issue, now or in the future, the Office of Management and Budget - Grants Coordination (OMB -GC) is urging all its food distribution service providers and meal service providers that receive General Revenue funds to immediately discontinue using meat products that contain those low grade beef trimmings. We will contact you again once the County Attorney's staff determines the process that programs must follow to confirm that they are not using "pink slime" in the food or meals that they distribute. You may obtain an electronic copy of Resolution #R -478 -12 at the following Web address: h t flvrwNr rr3 brrildade "ovl ovaetidtine lstarflies /Mi MatterslY�201211 "20.798min: ` f. Please contact Felipe M. Rivero, III, Administrator of our Contracts and Grants Section, at (305) 375 -4765 if you have any questions regarding this requirement. Daniel T. Wall Assistant Director Office of Management and Budget c: Philip K. Stoddard, Mayor r 1st I Apt, Apt. Apt. Apt. Apt. Apt. Apt. Apt. Apt, Apt.. Apt. Apt. door 101 102 103 105 106 107 107 107 108 11..0 112 112 3rd Floor, Apt. 401 Apt. Apt, 302 Apt. 303 Apt. 305 Apt, 305 Apt. 307 Apt. 308 Apt, 309 Apt. 310 Apt. 311 Apt, 312 Apt. 317 Sth I Apt. Apt. Apt, Apt, Apt. Apt. Apt, Apt. Apt. =1oor 502 503 505 505 507 508 509 514 514 Exhibit #6 Delivery Addresses Friday Senior Meals 6701 SW 62 Ave 2nd Apt, Apt, Apt, Apt. Apt. Apt. Apt. Apt. Apt. Apt. Floor 204 205 205 206 207 213 214 219 217% 217 4th Floor Apt. 401 Apt. 402 Apt. 403 Apt. 403 Apt, 404 Apt. 405 Apt. 406 Apt, 408 Apt, 409 Apt. 410 Apt. 417 6th I Apt, Apt. Apt. Apt. Apt. Apt. Apt. Apt, Apt. Apt. =1oor . ......... . 601 603 604 605 608 609 612 613 616 617 Senior Center remodeling project scheduled to start mid - January 2013. Developer: ■ The remodeling of the center is being done to make it handicap accessible and more updated. ■ Seventeen seniors will be moved one floor at a time for an estimated time of 45 to 60 days. ■ The seniors will be relocated at the Best Miami Hotel located in 5959 SW 71 St, in South Miami. Two months rental will be waived. ■ Storage and moving accommodation will be provided. ■ Dinner will be provided and will take place at the hotel every night. Please note that this living arrangement could take 45 to 60 days for each floor 4 W O; Montoya Holdings, Inc. Montoya Holdings, Inc., ( "Subcontractor ") will provide the following services to City of South Miami at 6701 SW 62 Avenue, Miami, Fl, 33143. Service Agreement Meals are based on the four -cycle four -week menus attached which are designed for the nutrition of adults by a licensed nutritionist, meeting the usual, one -third RDA required. Montoya Holdings, Inc., will be closed on the following dates: Labor Day, Christmas Day, and New Years Day. Any other holidays not mentioned in this contract, may also be observed. We will cooperate on providing meals for these holidays and special arrangements, if any are necessary, including additional cost to be determined. Special meals will be provided as needed with sufficient notification from Monday through Friday only. Special meals may be Box Lunches. The food will be transported in thermos containers in order to maintain the proper temperature required by law. As a remindAr, we are a current food vendor or supplier for The Miami Dade County. The cost per meal will be $ S per person for 63 clients receiving 2 weekend meals every week. Food quality is to be nutritional and of a good quality. Portion sizes are standard adult portions and labeled as often as practicable on the menus. All meals will be prepared and guaranteed in accordance with the City of South Miami Invitation to Quote "Catering Weekend htal4for Seniors," and the terms allreed to in the attached proposal from the Subcontractor. Payment plans are as follow: Payments are due on the 1st a f e ch month and will not exceed a total of $ 18,400 for the length of the agreement. Apr Ii 1 s, 2;713 This contract will be effective from T bzua ','n'_? until September 30, 2013. At the discretion of the South Miami City Manalzer, the contract may be extended for two, one -year options -to- renew. The Subcontractor also agrees that Miami -Dade County ( "County ") is an intended third party beneficiary of the Service Agreement and that should the County find that the City is in breach of its obligations under the Funding Grant, the County shall have the right to request completion of performance by the Subcontractor of its obligations under this Service Agreement and the option to pay the Subcontractor directly for the performance by such subcontractor. Notwithstanding the foregoing, nothing contained herein shall either convey nor imply any obligation or liability on the part of the County to the Subcontractor. Accepted on this day of 142013, with the intent to be le ally. r Y — � Bound. Witnessed: By: Print name: sr t' qYh S Awarded Bidder By: Page I of 2 [print name and title ine] sSV,re e� ATTESTED: CITY OF S I MIAMI Signature: B Maria Menendez en exander City Clerk anager Page 2 of 2 FIoekia Delman)m(f STATE OF FLORIDA Busines DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Prof 55 ( ',a I DIVISION OF HOTELS AND RESTAURANTS Regulation www.MyFloddaLicense.coni Food Service Inspection Report Met Inspection Standards during this visit ANY VIOLATIONS noted herein must be corrected by the NEXT UNANNOUNCED inspection unless otherwise stated. 0 1 A Food obtained rrorn approved source _ _ IN .. _._ 01B Inspection Date; Feb 191 2013 09:02 - Feb 19, 2013 09:41 License Expiration: October 1, 2013 License Number: 2322980 Rank: SEAT Inspection Reason: Routine - Food Owner Name: MONTOYA CARLOS Business Name: PELOTA CAFE 8 P17ZFRIA Location Address: 345 E 49 ST License Type: Permanent Food Service 03A HIALEAH FL 33013 Telephone Number: 305- 826 -0820 Number of Units: 30 Callback Date: N/O 03D FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS Reheating PH/Tcs foods tar hot holding IN 03F 'Timo as a Public Health Control 0 1 A Food obtained rrorn approved source _ _ IN .. _._ 01B Food safe and unadulterated; sound condition IN 01C Shelistock tags: commingling N!A 01D Parasite'destniction rorrewtundercooked'ftsh" IN 02A Consumer advisory on rawlundercooked oys(ers NIA 028 Consumer advisory on raw /undercooked animal roods ... . IN 02C Date marking ready -to -eat ftTE) potenIIlafly hazardous I timeltemperature control for safety foods 11. ... _.... OUT 03A Receiving and holding PHUGS foods cold IN 0318 Receiving and bolding PHITCS foods hot IN 03C Cooking raw anima) foods trod piant*foads;.non- continuous cooking of raw animal foods N/O 03D Cooling PHrTCS foods: proper cooling methods IN 03E Reheating PH/Tcs foods tar hot holding IN 03F 'Timo as a Public Health Control IN 63G Reduced oxygen packaging (ROP) and other Special Processes IN ' rzbruary 19.203. 9.42:22 AM EST txatioa, r''UMA CAr[ & P22ERiA f.;rensr.,e; 6f:�T2322AR0 tnstwrrw. Surer, Lcurwidu 07 Unwrapped or PHITCS food not re -served IN 08A Separating raw animal foods from: each other, RTE foods and unwashed produce IN 088 Food protection during preparation, storage and display IN 09 Bare.hand contact with RTE rood: Alternative Operating Procedure (AOP) OUT 11 Employee health knowledge; ill/symptomatic employee present OUT IM Hands clean and washed properly; use of hand antiseptic if use of AOP _._ --Iff 12B Employee eating, drinking, tasting food, smoking IN 22 Food- contact surfaces clean and sanitized _ .. IN MA Handwash sink(s) installed, accessible, not used for other purposes IN 31B Handwashing supplies and handwash sign provided IN 32 Bathrooms IN 41 Chemicals( toxic subsfAncas% IN 53A Food manager certification; knowiedgelaotive managerial control (except employee health) IN 538 State approved food handler training; employee duty, specific trainingrknowtedge IN Food Soroiou tnspocVon Rapm: Ven'r. 10 carr21 wm riR5w.2.- 5- Roo81G.1..002.r-,AC Pago; 1 3.usi eels Prof6ssit a1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.My Florida License- corn GOOD RETAIL PRACTICES 020 Food items property labeled; original container IN 04 Facilities to maintain PHi (CS foods at the proper IN temperature IN 06 Food and food equipment thermometers provided and IN accurate IN 06 0H/T`CS foods properly thawed IN 10 in use (cod dispensing utensils properly stored IN ;13 Clean clothes; hair restraints; jewelry; paintediartificial :' IN fingernails 40 Employee personal belongings IN 14 Foad- contact and nonfood contact surfaces designed, OUT - -- -A-. --led, it lcAtlitGilfCV, ill �ilaltCd, iV4atOd IN ...ta.a: L:fnM..n �neldn4nd _ n,AH.�eisn'.i n rtKnnn) 16 Dishwashing facilities; chemical test kit(s); gauges IN 1. Wash 2,,,Rinse .,3! Sanitize.,.,_,_ 21 Wiping cloths; clean and soiled linens; foundry IN facilities 23 Nonfood contact surfaces clean IN 24 Storage/handling of clean equipment, utensils; air IN drying 1N .... 25 Single -'service and single use Items ... "' IN 27 Water source sale, hot (IOOF) and cold under IN pressure . 28 Sewage and waste water disposed property IN 29 Plumbing installed and maintained; mop sink; water IN filters; backfiow prevention IN 33 Garbage and refuse; premises maintained IN 35A No presence or breeding of Insectsirodenislpests; na IN live animals 35B Outer openings protected from Illseclstpests, rodent IN proof 36' Floors, wells, ceilings and attached equipment IN properly constructed and clean; rooms and equipment property vented 38 Lighting provided as required: fiixtuires shielded or IN bulbs protected 40 Employee personal belongings IN 42 Cleaning and maintenance equpmerit ... IN 43 Complete separation from living/sleeping areafprivato IN ...ta.a: L:fnM..n �neldn4nd _ n,AH.�eisn'.i n rtKnnn) 45 Fire extinguishing equipment (FOR REPORTING IN. PURPOSES ONLY) ,_... 46 Exits r)ot blocked or locked (FOR REPORTING IN " PURPOSES ONLY) 47 Elect icril wiringloutleis in good repair (FOR REPORTING PURPOSES ONLY) 48 Gas appliances; boiler certificate currehi/posted '(FOR 1N .... REPORTING PURPOSES ONLY) 49 Flammablekombustihle materials (FOR REPORTING :I.,, IN . PURPOSES ONLY) 50 current ti ..cense,,properlydispieyed IN 51 Other conditions sanitary and safe operation' IN 52 Misrepresentation ; misbranding IN: On 54 Florida Clean Indoor Air Act Compliance IN 55 Automa(ic Gratuity Notice L Items marked IN are in compliance;. Items marked OUT are violations; Specific details of the violations are listed on subsequent pages: items marked N!A are Not Applicable, items marked as N!O are Not Observed and were not being conducted at the lime of Inspection. FOOD TEMPERATURES r0suaty 19. 2.0 !3, 0.,12:213, ALI EsT ! ccaUm?: PEA OVA CAUL 5, 1'VERIA btc!w•e: SEA'r232Lt1Pa lOSfMILi4t, so0re' ,1.COr :VV,. FOo Sofia ii+.saeuior: R%K9k Verslee: 1.0 Dal'R Fen,, NR 5OZ2-315 - Ram 6104, 02, FAC ?age: 2 Ffai is C t�men `.' p STATE OF FLORIDA 3usines I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �rofess f a I DIVISION OF HOTELS AND RESTAURANTS Regulation www.MyF[oddaLicense.com Prep Area Reach In Cooler Reach In Freezer Steam Tablel8aln Marle Storage Area Walt Station Walk In cooleF Beef 42 6f chicken 41 °f, ham 41 °f, tomatoes 42 0f Walk to Freezer Beef 101, chicken 101, pork 10 °f Cooking cooling Roheating UIt1CKIiCMS Certified Food Manager and Carlos Montoya 10/11/12 Date Certified: Manager Certified By: National Registry of Food Safety Professionals E Employees Trained By: Florida Restaurant and Lodging Association Sewage: Municipal/Utility Water Source: Municipal Boiler: No boiler On site z , Boiler Jurisdiction and Expiration: I Santtizer Details: Chlorine 100ppm inspector Comments: r Food S#Mco 1"O� aion RoPd Votsim 14 DSPR Fonr: HR 6022.015 • R:90 BIC -S.M. FAC 7 LenpoWn Suarez Sn:C:e".RSp'S.ti4tp 6poGS:01' ...�U5.t 10.559fi eb t9; 201309:4 9 Pogo.: 3 awtaa RodgNua porecn iF. L413t(jfl rou 19. 2013 09 39 4 "ebruary 9, 2013. 9.A2:29 AIA EST Lomkan: PEt.0 "FA CAFE X PIUERA Uzu.nsco: SEAT232rM IR<_{toctor, Suarez, Lvopoldy, Food S#Mco 1"O� aion RoPd Votsim 14 DSPR Fonr: HR 6022.015 • R:90 BIC -S.M. FAC 7 LenpoWn Suarez Sn:C:e".RSp'S.ti4tp 6poGS:01' ...�U5.t 10.559fi eb t9; 201309:4 9 Pogo.: 3 floridaC(ar iYertt�: STATE OF FLORIDA Busines �) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Professi+� DIVISION OF HOTELS AND RESTAURANTS Regulation www.MyFloddaLicense -corn VIOLATIONS 02C -034 Observed: Commercially processed ready -to -eat, potentially hazardous (time /temperature control for safety) food opened and held more than 24 hours not property date marked after opening. Priority: intermediate 09.01 -4 Observed: Employee touching readydo -eat food with their bare hands -food was not being heated as a sole Ingredient to 145 degrees F or immediately added to other Ingredients to be cookedtheated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. Priority: High Priority 11 -07-4 Observed: Certified Food Manager or person In charge lacks knowledge of foodborn r Illnesses and symptoms of Illness that would prevent an employee from working with food, clean equipment and utensils, and single - service Items. Priority: Intermediate .. 14 -01-4 Observed: Bowl or other container with.no handle used to dispense food. Priority: Basic *AN• LAST PAGE * * "* ✓``'� A%`' C fy� V . February 19. 2019, 9:x2:29 AM EST LocaWA, PELOTA CATS & PIZZERIA Lrmnsotl: SEAT2322980 Lnpectot. Suaroz- Leopoldo tLA )4 Food Sorvico Inspection Ropon Wrslow U 08PR Form HR 5022-015 -Rule 81C- 1,002, FAC Paga: 4 il 00 .. M 00 R zoo coax ,Goy' op g .�.. soft �q fI p, g4h NO10 raNillVN i s o 0 a o, x 0 z ql �y0 Y M 4 gal a t ter 22N)§ 0 ©t �� /C2 rn �\\ � � � RCAn■ _# »p r�7m mMoe pis\ maq 0on L4 us ® Imo\ ®N> m 2 � ®r4T / & 7$ vn k �q� � \ � � Put m \ k § § » [ , w \ m ( � § 0 ) / 2 co � � 2 § r � $ � 23 Wi q �E>06 Pon §� $ 2/15/2013 233lwm4 � afii" w�r.) ( & Caterer: Contact Information: Serving Counties: La Coty Cafeteria Attn: Yaniriam Follo Ph: 239 - 826 -2446 1000 Lee Blvd. #102 Fax: 239 - 303 -5023 Lee Lehigh Acres, FL 33936 torresgrocery@hotmaii.com LB /KB, Inc. dba Baby Banquets* Attn: Lisa Brown Ph: 786 -488 -1150 7369 Davie Rd. Ext. Fax: 954 - 391 -7052 Broward baby:banquets @yahoo.com Hollywood, FL 33328 Lou -Lee, Inc. Attn: Gilberto Garcia Ph: 305480 -1900 Fax: 305 -480 -1040 Dade 13920 SW 47 St. Suite 103 gilgarcia889 @yahoo.com Miami, FL 33174 Maynard Enterprises, Inc Attn: Glyn Maynard Ph: 954- 749 -4976 811 E Commercial Blvd. Fax: 954 -578 -9289 Broward maynardg @bellsouth.net Oakland Park, FL 33319 Momchef, lnc.* Attn: Teresa Trigo Ph: 954- 249 -3159 Broward 758 NE 40t" Ct, Fax: 954 - 349 -4054 Dade Oakland Park, FL 33334 Montoya Holdings „Inc dba Pelota Cafe & P►zzeria'; dba Nealtny <Chi(dren Catering Ph: 305 - 542 -2998 Broward Palm Beach Attu;CarlOS Montoya Fax: 305 -826 -0894: Dade St. Lucie 345E 49 Stteet imontoya @bellsouth.net Hiaheah, FL`'33013'` My Little Captain Gourmet Attn: Jose Luis Mercado 1 Ph: 305 - 820 -0610 Broward 18400 NW 75th Place, Unit 129 Fax: 305 - 820 -0611 Dade merca3jo @yahoo.com Palm Beach Miami Lakes, FL 33015 NC Cuban Buffet Corp.* Ph: 305 - 633 -6255 Broward Attn: Eren Delgado Fax: 305 - 633 -6254 Dade 2606 NW 21 Terrace Miami, FL 33142 Palm Beach Nica Fritanga, Inc.* Attn: Bianka Casco Ph: 305 - 223 -1252 Broward 11865 SW 26 St. Ste. A8 biankangulo @gmail.com Dade Miami, FL 33175 Page 4 of 8 Note: the caterers listed have registered with the CCFP and demonstrated they are properly licensed in the State of Florida to provide catering services. The Florida Department of Health, Bureau of Child Care Food programs does not endorse nor approve any specific catering entity. 2 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 850 -487 -1395 1940 NORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399 -1015 MONTOYA CARLOS PELOTA CAFE & PIZZERIA 2374 SW 125 AVE MIRAMAR FL 33027 1 „ 3 ��, �bEPARTMENT,� (?F <�E�'S�NEi�S :�►NA " Ylt1AT1TlM tt'TAiTYY TY!%1rYY YH�T AKY i)+/ � C1LV� bra V�,J,Y{�{.Cs476G�idt7�i.:.V.�i - `R,n SEA2322980��`rt'� t?�f;'Q, �2 12.70.27026 v k3rtci {y$ojKgV(e�yypou.,Yb}�oy#yteY. odd ;I {Me"'nysY VMP {�Y Ehe re0claiiOns #het MONTOYA' C as ,` ore ebaut the R rzPLI�OTA A P B ' wl a T`�" >� k Y r K• j �` s I - -LICENSBD under :kh4 yravieioris ot,ch,509.Fs., '¢rFipiraeioa dates OQi`o;3`i '1.Q7"� =f. 12161000442 r w '-� t s DETACH HERE ILI r AC # `q 4 $v• e STATE of FLORIDA kill �r f . _,. ATM A ESSIONAL REGULATION DEPR DIVISION �OF HOTELS AND JZESTA.URANTS tilt a,,.� •�,; .,.4s � �._ WL12101000442 - LICENSE lNBI 20'tlq 2.t ,2 ;2702782 SEA,232298q i� " = � , ATS: ,3:,t! CT2 G t F)WD r';SERV CE '1 2'0. NON - 1�TaM64 �`e�Qw 'LICENSED: 11 .11 4 4 .4 A,F date: '.00 i.{. j 2.01wi T.4�i'riYSFER['1.19LE MONTOYA:CARLOS PELOTA CAFE ''& PIZZERIA. 345 E•49 ST" F , HIALEAH FL 33013 RICK `;SCOTT' KEN LAWSON GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW 0x k February 20, 2013 D.b.a. Pelota Cafe & pizzeria To Whom It May Concern: mn Or This letter is to inform you that Pelota Cafe & Pizzeria has provided us with meals and nutritional services for about two years. We have an average of 250 clients daily and we offer them breakfast and lunch. Pelota Cafe's services and performance are excellent and they address our concerns and issues in a prompt manner; they are very trustworthy and responsible people. We highly recommend their services. If you have questions please feel free to call me at (305) 447-13660 '1`1 irtia Mora Director of Finance r,. February 19, 2013 NIC INC RE: Montoya Holdings (Pelota Cafe and Pizzeria) To Whom It May Concern: Phoenix Clinic, Inc is a Community Mental Health Center located in North Miami, Florida. Phoenix services on average 160 clients daily and offer lunch to our clients. Phoenix obtains, lunch from Montoya Holdings (Pelota Cafe and Pizzeria) and has for approximately two (2) years. Phoenix is pleased with the service that we receive from Pelota Cafd and any problems that we have encountered over the course of our relationship have always been corrected immediately and properly. We recommend Pelota Cafd and Pizzaria to others in the community without hesitation. Sincerely;; y �1 USA Suarez t Administrative Director (_ J 13730.NORTHWEST 6TH COURT NORTH MIAMI, FLORIDA 33168 TELEPHONE: (305) 891 -3439 Date: ITQ Title: ITQ No.: Please Print ClearIV '£�2f ^ t Yi f5 i ' Pre -Bid Conference Sign4n Sheet February 14, 2013 Catering Weekend Meals for Seniors N/A N/ C: \Users \sk -ulick.CSMI\Documents \South MiamiU mplatesTre -Bid Meeting Sign -In Sheet.doc A 9 t t 1 C'alv��(�UC41'N �34T�Cat t�1 G us4 iv 67 54 1 tv FrL GS+1Ovi L jA®L v C€�t pS �33,SG�g a! \ Rtt4l�tiP`i h tj2 �Fa$'�"t`rt `l y1 3j e i ,a.,i t Y•..•t f ..5 , #i 1.:a t rq\ tt ,` t k � S� S. yysY 5_ i:I.t.V$ c t: 11x L.(rf Y f.f a. \}, l.0 At\ SA,Fy.�%}-'y y, tt t.. £.t.,j .,�5S� �:. Mzi. .. J t f 1]� r j }/y .�4• {t3j�}`ir"t1S: 7 ; � '. .-., 'i ,7 1{ •fit �? 12' t ,# "':i;: '..3 �rj a z ; <. .: �gftt'.ti'. s s tv. +h i J�if.kb 4�[ 1, A 7�cn y.Y + px l,1}'... 4 i . 7^ { z ., r, C\ 'tC e a�. txC. 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Ei : L; i ! ! d�; i t �' ,.I f 3 t t (�4 fY ij t rYtc t4 Y* 1tn' 2 Il C: \Users \sk -ulick.CSMI\Documents \South MiamiU mplatesTre -Bid Meeting Sign -In Sheet.doc A 9 r MONTOYA HOLDINGS REFERENCE CHECK °QUESTIONS: 1. How long has Montoya been servicing you? 02 V/ s N' 3 a,y prctCerrys; issues wittr.;srvica;;fo�a.l prparaiin, deliyhles,,:et? rye , 4. Would. you recommend Montoya? OA Cl�e.ry�sh: �a MO.NTOYA HOLDINGS REFERENCE: CHECK. QUESTIONS: 1. How long has Montoya. been servicing you? .:&y edf-S 2. What type of services to they provide and how long is your contract? 3. Any problems; issues With service, food preparation,. deliveries, etc? �Vgr f 14 a jw S 61� T �'1� j C� V'ooQl ways W Ur vv� :e m cY C % r e. l,` e . 4 C , 4. Would you recommend Montoya? 2S W W Qk el �V\()Jd Aa be�� Sa\ OY-Voe i.�l�f "� bade( OUPI MONTOYA.HOLDINGS REFERENCE CHECK QUESTIONS: 1. -low long has Montoya been servicing you? 2'. What type of;services to they- provide and how longis your contract? S'A.0 .y etw- C4ktra�i 30 Any problem'' s, issues with service, food, preparation, deliveries, etc? Y 4. 'Would you recoriimend Montoya? H. to, be,i Sa 0y' Yoe MONTOYA HOLDINGS REFERENCE CHECK QUESTION& 1. How long has Montoya been servicing you? cp— 3 7 e(V5 I � S 2. What type of services to they provide and how long is your contract? She'�� 6�yeQy� Caterer +: 3. Any problems, issues with service, food preparation, deliveries, etc? b' 4. Would you recommend Montoya? Q Z3 V; REFERENCES: MONTOYA HOLDINGS Edeline Mondestin Miami -Dade County Director, Elderly Services 305/514 -6071 Anabella Del Sol Site Manager Jack Orr - -Miami Dade County 305 - 588 -5039 Adult Congregate Center Cheryl Johnson .. .. Site Manager Edison Little Adult Day Care Center -Miami Dade County 305- 308A930 a' �. F') www.sunbiz.org - Department of State a, :Page 1 of 2 MONTOYA, CARLOS 2374 S W 125 AVE MIRAMAR FL33027 US Name Changed 03/1412005 Address Changed: 03/14/2005 Officer /Director Detail Name & Address Title VPTS MONTOYA, CARLOS i http ,o/ /8unbiz.org/ scripts /cordet,exe? action= DETFIL &inq_doc_number=PO4 .. 2/28/2013 �: Filing Information Document Number P04000038810 FEI /EI.N Number 200878939 Date Filed 02/27/2004 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/28/2011 Event Effective Date NONE Principal Address 2374 SW 125 AVE 1. MIRAMAR rL33027 Mailing Address 2374 SW 125 AVE. MIRAMAR FL 33027 Reciistered Agent Name & Address MONTOYA, CARLOS 2374 S W 125 AVE MIRAMAR FL33027 US Name Changed 03/1412005 Address Changed: 03/14/2005 Officer /Director Detail Name & Address Title VPTS MONTOYA, CARLOS i http ,o/ /8unbiz.org/ scripts /cordet,exe? action= DETFIL &inq_doc_number=PO4 .. 2/28/2013 �: www.sunbiz.org - Department of State 2374:SW 125:AVE MIRAMAR FL.33027 Annua( Reports; �.. Report Year Filed Dafe. 2010 10/09/2090 2011 09/28/2011 2012 04/30/2012 Document-Images ;;04/30/2012 -- ANNUAL.REPORT . 0.912,812091; -- REINSTATEMENT 1:0/09/2010 REINSTATEMENT 1'00 7!2009. REINSTTEMENT.; 03/12%2008 -r ANNUA, [;[ -URT; 04/16/2007 — ANNUAL REPORT .... .. O-i2 _/20' G" ANNUAL REPC3R7 WOW °03f I4 l200. ,AN UAL. Ei'O.tT' _cra �. � 02/27/2004 —,Domestic. Profit. Page 2 of 2 Previous on List Next on List Return.To List €:Entity Name, Search..!. Events No Name History S±?n?!? Home ( Contact us I Document Searches ( E- Filinq Services I Forms ;I Help ,I Copyright© and Privacy Policies State of Florida, :Department of State http:/ /sunbiz.org/sonpts /cordet.exe?action= DETFIL &inq.doe_number= P.04.., 2/28/2013 w 2012 FOR PROFIT CORPORATI( DOC U M ENT #. P04000038810 Entity Name: MONTOYA HOLDINGS;. fNC, Current Principal Place of Business: 2374 SW 125 AVE MIRAMAR, FL 33027 Current Mailing Address: 2374 SW.125 AVE MIRAMAR, FL 33027 FEI Number: 20. 0878939 FEI NumberAppiied.For ( ) Name.-and Address of Current Registered Agent: MONTOYA, CARLOS 2374 S'W 125 AVE. MIRAMAR, FL 33.027 US: ANNUAL REPORT a . FILED Apr 30, 2012 Secretary of State New Principal Place of Business:. New. Mailing Address: FEI Number Not Applicable O Certificate of :Status Desired( ) Name and Address of New Registered Agent: The above named entity:subrnits this statement for,the purpose of changing its registered office:or registered agent, or both,. in the State of Florida, SIGNATURE: I . . Electronic:Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: VPTS Name: MONTOYA, CARLOS Address: 2374 SW 125 AVE City St -Zip: MIRAMAR, FL 33027 I hereby certify that the inforrnati6n.ITldleai00?06'. signature shall have tho same Iegal OtbeflasIf h ortrustee empowered #o:executeilits.repart on an attachment with a ll.iatlier..fike er_pi}rtiF.reds SIGNATURE: CARLOS.MONTOYA A MA 6ntal_:report is true and accurate. and. that my electronic haf_l am an officer or director of the corporationorthe.;receiver er 607, Florida Statutes; and. that my. name appears above, or PRE$ ronic Signature of Signing Officer or Director Date a, CONTRACT AWARD SHEET D&3ARTI,MiTOF' PRO CUit 40,%T"AMAGE IEW Bids and Contracts DIVISION Bid No. 9372 -0115 Award Sheet BID NO.: 9372 -0/15 PREVIOUS BID NO.: 2365E -0/11 TITLE: FOOD CATERING SERVICES CURRENT CONTRACT PERIOD: 03/07/2011 through 03/06/2016 Total # of OTRs: 0 MODIFICATION HISTORY Bid No. 9372 -0/15 DPM Notes Award Sheet APPLICABLE ORDINANCES LIVING WAGE: Yes UAP: No IG: No OTHER APPLICABLE ORDINANCES: CONTRACT AWARD INFORMATION: No Local Preference No Micro Enterprise Yes Full Federal Funding No Performance Bond No Small Business Enterprise (SBE) No PTP Funds No Partial Federal Funding `yes Insurance Miscellaneous: REQUISITION NO.: RQPM1000088 PROCUREMENT AGENT: CLENTSCALE SHER PHONE: 305 375 -3900 FAX: 305 372 -6128 EMAIL: SCLENTS(a11dIAMIDADE.GOV DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page I of 4 K4 0* 4 ;' Bid No. 9372 -0/15 Award Sheet 0; VENDOR NAME: MONTOYA HOLDINGS INC DBA: PELOTA CAFE & PIZZERIA FEIN: 200878939 SUFFIX: 01 33013 STREET: 345 EAST 49TH STREET CITY: I-IIALEAH ST: FL ZIP: FOB_TERMS: DEST -P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: - ENDOR INFORMATION: CERTIFIED VENDOR_ ASSIGNED MEASURES Local Vendor: SBE Set Aside Bid Pref. Micro Ent. Selection Factor Goal Other Vendor Record Verified? fi ANkkkkkfi*k AkkkkkAkk** Akk* AkkkkkkkkkkkkkkkAkkkkAkkfiAfikkkkkkkA *kkkfikkk Vendor Contacts: Name Phones Phone2 Fax Email Address CARLOS A MONTOYA 305- 826 -0820 305 -826 -0894 IMONTOYA(o),BELLSOUTH.NET Javier Pena 786- 298 -1524 healthycln7drencatering20 (e,)yahoo.com VENDOR NAME: " GREATER MIAMI CATERERS INC DBA: FEIN: 591209174 SUFFIX: 01 33142 STREET: 4001 NW 31 AVE CITY:MIAMI ST: FL ZIP: FOB TERMS: DEST -P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: VENDOR INFORMATION- INFORMATION: CERTIFIED VENDOR ASSIGNED MEASURES Local Vendor: Yes SBE No Set Aside No Bid Pref. No Micro Ent. No Selection Factor No Goal No Other. Vendor Record Verified? Yes kkkAfififikkkk *AAAkfiAkk *kkkAAkkkkkAAk Nhkkkkkkkkkkkkk *fiAkkkkkkkkkkkkkkkkk Vendor Contacts: Name Phonel Phone2 Fax Email Address JOHN OLMO -VICE PRE 305- 633-4616 305- 635 -5202 JOLMO@)GMCATER COM DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 2 of 4 N' Bid No. 9372 -0115 Aivard Sheet VENDOR NAME: CONSTRUCTION CATERING INC DBA: FEIN: 591275454 STREET: 2472 NW 21 SUFFIX: 04 TERRACE CITY:MIAMI 33142 ST: FL ZIP: FOB_TERMS: DEST -P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: 305 -196 -8425 VENDOR INFORMATION: CERTIFIED VENDOR ASSIGNED MEASURES cal Vendor: Yes SBE No Set Aside No Bid Pref. No Micro Ent. No Selection Factor No Goal No Other: Vendor Record Verrfiedl Yes kkk* *kkkkkk *kk * *kkkkkkhk *kkk *kkkkkkkkk *kkk *kkkkNkkkkkkkkkk *k *kkkN *k *k Vendor Contacts: Name Phonel Phone2 Fax Email Address GUSTAVE ESTANFIL Il� 305 -633 -5668 305 - 796 -8425 305 -633 -1489 GSTINFIL@AOL.COM Q ITEMS AWARDED Section: I Details: 9372 -0/15 SEE ATTACKED LIST OF AWARDED ITEMS AWARD INFORMATION Section BCC Award: Yes DPM Award: No BCC Date: 03101/2011 DPM Date: 11123/2010 Contract Amount: $ 10,630,000.00 Items Allowed: Yes Conditions: Agenda Item No.: 801x(102748) DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 3 of 4 H5 8}l Kn +hi d� BPO ID: ABCW1100396 --- ---- -- Commodities Info - - - - -- - - -- — Department Info -- Code Description Department Id Dollar Allocations 961 -15 CONCESSION SERVICES, CATERING SERVICES, HS * * * * ** $10,6309000,00 End ofBPO Information Section DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 4 of 4 0 0 1. l� BID OPENING REPORT Bids were opened on: Friday, 22, 2013 after: 10:00am 3. MONTOYA HOLDINGS _Febmary r.: •i For: ITQ - Catering Weekend Meals for Seniors lj /x S' 6 COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 14 THE ILS GROUP, LLC dlb /a Classic Caterers 2. CONSTRUCTION CATERING SERVICES 3. MONTOYA HOLDINGS r.: •i s �' .� ? fLf _ lj /x S' 6 . f ©p sb THE ABOVE BIDS HAVE NOT BEEN CHECKED, THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BCD, II VE BEEN CON1, `ETELY REVIEWED. City C'lerlc:. len41 ! ( e—, Print Name `.ign .ure Witness". `L?- Print' Name Signal . are Witness: Print Name Signature 4y *': x x x x x x x. u � a . 00' c rn. X x x X L O x x x x X x x x ". M C x O fl V c , Ln Ln o C co W 00 un O O O O M4 W ^ W ^ W ^ m C V rte' O wL- 0) (D C t 4+ N U L. tD Vf Q M M M N CO N 'O m U N N N O 00 (D O E 00 0) ri h +, in � o to V-1 n m_ayy V1 to to a b '.' L r-I ri ri w o CL .IA co E 3 4= M o C D: (0 N -W E p0 Q o Q m p J _ C Q> i C V p L �c n E u C p a N C4 cm M f0 Q W 0 V) d GL W Q C: li p 3 N r4 co uj C C M, M d w Q O O ri W YO x >� o :.. . N N N W in a a: m O w N W YM ui LM L. uj V) C _ a ' u. �n a p p u. O L u u = *': x x x x x x x. x x X x x X x x x x X x x x ". x O fl c , o _ o -a un 41 CL m C V rte' O wL- 0) (D C t 4+ N U L. tD Vf Q m N CO N 'O m U co o S O E o .y h +, � C o m_ayy LW m a b '�'� y w o CL .IA co E 3 4= M o C D: (0 N -W E p0 Q o Q m p c, _ C Q> i C V p L �c n E u C p a 0 o O M f0 Q 0 V) d GL W Q C: li p 3 x. CB k 4. 13- SMlA -CB FY 2012 - 2..013. County General Funds Ordinance # 12 -70 AND 12 -72 AGREEMENT.. This:Agreement:made and entered into as of this,, .. �j... _ :day of;, by. and between_ Miami -Dade County,, -a political subdivision of the State, of Florida. (hereinafter referred to as "County "), having :its principal office at 111...N:W. 15' Street, 19th Floor, Miami, Florida 33128 and City of South Miami, a municipality existing within Miami -Dade under the laws of the State- of Florida, having its principal office at 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Provider'.),. states conditions and covenants for the rendering of human and social services- (hereinafter referred to as "Servicesil for the Gourity., .WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an abilitv or desire to provide these services: and WHEREAS, the County is desirous of assisting the Provider In providing those services and the Provider is desirous of providing such services; and WHEREAS;, the County has appropriated funds for the proposed.services; NOW, THEREFORE, in: :consideration. of the mutual covenants and agreements herein contained,,the parties hereto agree as follows: ARTICLE 1. .DEFINITIONS The following words and :expressions used in this Agreement shall be construed as follows, except when it Is clear from the context-that another meaning is intended: a) The words "Agreement" "Contract" or "Contract Documents" :shall .mean collectively 'these terms and. conditions, the Scope of Services (Attachment A) and the • Budget :Documents (Attachment B) and. all other:attachments hereto, as well as all amendments or budget revisions issued hereto. b.) The words "Contract Manager" shall mean Mianii -Dade County's Director of.the Office of. management :and. Budget ( "OMB ") or the Director's designee, or the duly authorized representative designated:lo manage the. Contract. c) The word "Days" shall mean Calendar Days, unless otherwise specifically noted::. d) The word "Deliverables shall mean all. documentation and any items of any nature submitted by the Provider to the County's Contract Manager for review and approval . pursuant to the terms of this Agreement. e) The words "directed ", "required "permitted ", "ordered "designated "% "selected ", "prescribed" or words of like import to mean respectively, the direction, requirement, permission, order,. designation, selection or. prescription of the County's Contract Manager; and similarly the words "approved ", acceptable ", "satisfactory", "equal ", "necessary", or words of like import to mean respectively, approved by, or acceptable or Page 1 of 23 i { f .! n CB k 4. 13- SMlA -CB FY 2012 - 2..013. County General Funds Ordinance # 12 -70 AND 12 -72 AGREEMENT.. This:Agreement:made and entered into as of this,, .. �j... _ :day of;, by. and between_ Miami -Dade County,, -a political subdivision of the State, of Florida. (hereinafter referred to as "County "), having :its principal office at 111...N:W. 15' Street, 19th Floor, Miami, Florida 33128 and City of South Miami, a municipality existing within Miami -Dade under the laws of the State- of Florida, having its principal office at 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Provider'.),. states conditions and covenants for the rendering of human and social services- (hereinafter referred to as "Servicesil for the Gourity., .WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an abilitv or desire to provide these services: and WHEREAS, the County is desirous of assisting the Provider In providing those services and the Provider is desirous of providing such services; and WHEREAS;, the County has appropriated funds for the proposed.services; NOW, THEREFORE, in: :consideration. of the mutual covenants and agreements herein contained,,the parties hereto agree as follows: ARTICLE 1. .DEFINITIONS The following words and :expressions used in this Agreement shall be construed as follows, except when it Is clear from the context-that another meaning is intended: a) The words "Agreement" "Contract" or "Contract Documents" :shall .mean collectively 'these terms and. conditions, the Scope of Services (Attachment A) and the • Budget :Documents (Attachment B) and. all other:attachments hereto, as well as all amendments or budget revisions issued hereto. b.) The words "Contract Manager" shall mean Mianii -Dade County's Director of.the Office of. management :and. Budget ( "OMB ") or the Director's designee, or the duly authorized representative designated:lo manage the. Contract. c) The word "Days" shall mean Calendar Days, unless otherwise specifically noted::. d) The word "Deliverables shall mean all. documentation and any items of any nature submitted by the Provider to the County's Contract Manager for review and approval . pursuant to the terms of this Agreement. e) The words "directed ", "required "permitted ", "ordered "designated "% "selected ", "prescribed" or words of like import to mean respectively, the direction, requirement, permission, order,. designation, selection or. prescription of the County's Contract Manager; and similarly the words "approved ", acceptable ", "satisfactory", "equal ", "necessary", or words of like import to mean respectively, approved by, or acceptable or Page 1 of 23 4: as Cn us CB 13.SMlA -cg satisfactory to; equaf or necessary in the. sole discretion of the County's Contract Manager. f) The words "Effective Term" shall. mean the. date on which this Agreement is effective, .including start date and end date. g) The words. "Extra, Work" or ".Change Order" or "Additional Work" shall mean .resulting. in additions or .deletions or:m.odifications to the :amount; type :;or value of: the Work:and Services as required in-,this Agreement; asAlrected_andfor approved by the_County, . h) ":HIPAA ".means Health:lnsurance:.Portability and Accountability Act of 1996; . i) The: words ''Scope of Services" shall. mean the :document: appended: herefo as Attachment A,. which detaiis:fhe.work to be performed by the:ProVder, �) The word "subcontractor" or "subconsultant ": shall mean.any: person; :entity, firm :or _corporation, :other than the empioyees of the Provider, who. furnishes . labor. ndlor mateiials:;:in: connection with the Work, whether directly. or indirectly, on -be mlVand /or under the direction of the :Proyiderand whether or not in privity of Agreement with the Provider.. k) " The words." Work ", ".Services" "Program ", or "Project" shall mean all matters.:and: things required:to be done by the Provider:in accordance with the provisions :of Phis Agreement. ' ARTICLE 2. AMOUNT:PAYABLE. Subject to available funds, the maximum. provisional amount payable.for services rendered s. under this contract shall not:exceed -.:South' Miami Senior-Meals :$18;400 'The. After: School House. Program (Tutoring) $ 26;775 Both parties: agree that should, in the County's sole discretion, available County funding be reduced, the amount payable under' this Contract may be proportlonately. reduced aYthe'sole discretion and option: of the County. All .services_ undertaken by the Provider before the:.County.'s :execution of this Contract shall. be at the Provider's risk and expense.. - Both.parUes agree that this is a. twelve: month contact from Oc ober 1;.201.2 through :September 30; 2013'.. Both parties expressly acknowlede fudin under this contract is at the Countygng sole:.discretion: it is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and:: _paymebt by the County. Page 2 of 23 M an 0 ARTICLE 3i:: SCOPE 0F:SERVICES. 13- SMIA =CB The Provider shall :render services in accordance :with the: Scope :of Services Incorporated herein and attached. hereto as Attachment A. The Scope of services ;must;cleariy indicate the time frames for.: the. delivery of each of the - proposed services; i t The. Provider shall implement the Scope of :Services as described::in Attachment A ia.a manner deemed satisfactory: to- .the county., Any modification- or amendment Jo the Scope .*of Services shall not i?e effective. until :approved by the County and Provider iri :writing: The Providerwill not :usek :products-orfoods containing "pink slime, °ias:defined:in Resolution 478 -12 of the Board of: Miami -Dade:County.Commissioners; in foodahat is provided or served pursuant to this agreement. . A Dmrlr%l .0 A' bvtr1`r r- -r.ai rRRRRA mw :new a sas b:ea ro: . e,v tt l7 C.! .7 V.IYI IYINRT,, The Provider agrees that.. all: expenditures. or' costs: shall be made in accordance with the Budget; which 'IS: attached herein and incorporated hereto. as Attachment B. The Provider will also submit' an.agency -wide budget that displays Its total revenue by funding source at; the time that Attache ient.' and Attachment B are submitted and as requested in the lawarMetter. The Provider niay shift funds :between' existing lineitems: 1) without a budget: revision,: if the, change to m the: line item: :does `not exceed fifteen percent (1:5 %),: or 2) with a :budget revision requested. by the Provider's President,. Vice President, Executive Director, or other designated representative as stated :on the Authorized Signature Form 'attached 'hereto, and approved by the OMB, if the changes to a lino item exceed fifteen percent (15 %). A, budget:revision:is also required in order to add new line items. Please note: In no event shall expenditures 'in any ::approved budgetaine item :exceed fifteen (15) percent of that line item. The :approved?Budget Revision shall.replace Aftachment B in its entirety: In no event shall the budget .include a line item for indirect costsjh excess. of fifteewpercent {15 %) of the totaLbudget. is The Provider may request a budget revision to amend he budget no:mo.re than twice.during:the term of this Agreement. A request for a budget revision must be submitted to :0.Mb no.later than: thirty. (30) days prior to the .expiration of.this Agreement. ARTICLE S. ' EFFECTIVE-TERM 'Both partles agree that the• effective. term.: of this. Agreement shall commence on October 1, 2012 and terminate at:the -close of business on September 3.0, 2013; ARTICLE S. INDEMNIFICATION BY PROVIDER A.. Government: Entity. Government entity shall indemnify and hold harmless the County and its officers, emploYees, agents and_ instrumentalities from any and all liability;aosses or damages, :including. attorneys` fees and costs of defense, which the 'County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits;:causes of actions or proceedings of any *ind or nature arising out of, relating to or :resulting from..the Page 3 of 23 13 0 G} Cl3 13- SMIA -GB performance of this Agreement by the government entity or its. employees, agents; servants, partners, :principals or subcontractors, Government entity shali:pay all claims and fosses In connection therewith and shall .investigate and defend all claiims;_ suits .or actions of any kind:or nature in the name of the County; where' applicable, inciuding appellate proceedings, and shall pay all costs, judgments, and attorney's fees which :may issue thereon. Provided, ihoweVer, :this :indemnification shall only be to the exfent:and within the limitations of Sectfon 768:28, Fla. Stat., :subject to the provisions of that Statute, as may be amended,. whereby the government entity shah not be held: liable to pay a personal injury or property damage claim or judgment by a party: whichexceeds. the statutory. cap for personal injury or; property dariage claims, liabilities; tosses or causes of action winch May :afise as`a result af:.the; -inegiigence of the government entity. Provider expressly understands and agrees. that any insurance protection required by this Agreement or :otherwise provided by Provider or self:insurance :shall in no way limit; the responsibility -to Indemnify, keep and save; harmless anal . defend the :County or its officers; employees;. agents and instrumentalities as herein provided. B.. All Other `providers. Provider shall indemnify and hold harmless the County and its officers,. employees, agents and instrumentalities from any acid all flabiiity,.;losses or damages,. including attorneys' fees and :costs of :defense, which the County or its officer's employees,.agents or instrumentalities. may incur as. a r e suft.of .claims;:dema.nds; suits,.:causes of actions::or proceedings ofany kind or naure asing:out.of, relating: to or resulting from the performance. of this Agreement by the: Provider or its employees, . agents, servants, partners _principals or subcontractors: Provider shall pay all claims and Josses in.:connection therewith :and shalVinvestigate and defend all.claims, suits or:actions of any kind or nature in the name. of ;the County, .where applicable, including. appellate .proceedings, and :shall pay all costs, :judgments, and attorney'sfees:which`may issue thereon. Provider expressly °Understands =and 'agrees Ghat any :insurance. protection required by this Agreement_:or otherwise, "provided by Provider shall: in ::ho way °limit the responsibility to indemnify, :keep and save harmless and defend the County or its officers, employees,: agents and instrumentalities-as herein�provlded. G: Term of Indemnification. The provisions of Article 6 shall survive the expiration or termination of this Contract. ARTICLE 7. INSURANCE If .the .total dollar value of all County contracts with the Provider exceeds $25,000 then the following insurance coverage:is required: A. _Government Entity: If. the Provider is the :State. of Florida :or an: agency: or political subdivisiott.of the.-State as defined. by section 768 ::28j� Florida Statutes, the Provider shall furnish the County, upon request, written verification ;of liability .protection In accordance with section 768.28, Florida. Statufes. Nothing herein shall be construed to extend . any party's Liability beyond.that:provided in section 768.28,.Florida,:Statutes. The:proyider shall also;fumish the :County, upon request, written verification of Workers.. Compensation proteetion In accordance with Florida Statutes;. Chapter 440. 1. B. Ali Other Providers. Minimum Insurance Requirements; Certificates: of :insurance. The: Provider shall:submitto Miami *Dade _County, c/o .Office of`Management:and Budget(QMB), 111 N.W. 1St Street; 19th f=loor, Miami, Florida 33128 - 199.4, original: Certificate(s)_ of' Inswance indicating that insurance :coverage has been obtained which meets:the requirements as out)'ined Page 4 of 23 F; CB :below: A. C. w m 13- SM1A -CB All insurance certificates must list the COUNTY as "Certificate Holder' in the following manner: Miami- ©ade:Courity I1 I V.W. ISt Street; 'Sd!te 2340 Miami, Florida 33128. Worker's Compensation insurance. for PROVIDER as-required by Florida Statutes, Commercial General Liability Insurance in combined single 1imi1 per 'occurrence for Miatri= Dade 'County must be shown- as at this. coverage, all employees of the. SERVICE Chapter 44.0. an.amount not !less than $300,000 bodily injury -and property damage, ii. additional 'insuredwith respect to Automobile Liability Insurance covering all owned, non owned, and hired:vehieles used irr:connection with fate Work provided' under: this Agreemerit, 1n an amount not:less ;than ' :$3004000"' combined single limit per: occurrence for: bodily injury and property-damage "N.QTE For SERVICE PROVIDERS supplying vans or mini-buses with seating capacities of fifteen (15) passengers or`more, the,limit.of iiab'ility required for Auto Liability is $500;0001 Professional Liability Insurance in the name of the SERVICE PROVIDER, when spplicable, in an amount'not less..than X250;00:0.: All insurance policies required above shall be: issued bycompanies authorized -to do business under the laws of the State of Florida,; with the following qualifications: 1. The company must be rated'no less than "B" as,to management; and no less than "Class V" as to financial strength, according to :the latest edition of Best's insurance: Guide .published .by.:A.M.. Hest : Company, .Oldwiok, New Jersey, .or its equivalent, subject to the�.approval of the COUNTY's Risk.Managerrient :Division. OR 2: The:dompanymust hold-a valid Fiorida'Gertifcate: of Authority as shown in the latest "List: of All Insurance Companies.Authoriled 6.r:.Approved to Do Business In Florida," issued . by -the State of Florida Department of Insurance, and must be a member.of the: Florida Guararity:Fund,. G, Compliance with the foregoing requirements shall not .relieve the SERVICE PROVIDER of: its liability and obligations .under this Section -or under any .other section of` this Agreement. Page 5 of 23 CB 13 -SMWCB H. The COUNTY reserves the right to inspect the :SERVICE PROVIDER'S original insurance policies at any time during the term of this Agreement. ._ Applicability of Article XI of this Agreement affects SERVICE. PROVIDERS whose combined total award for all services funded . under this Agreement exceed a $25,000. threshold,: In4he event that.the SERVICE PROVIDER. whose original total :combined award. in less than $25,000, but receives 'additional funding during:the.contract period which makes the total combined award.exceed $25,000,: then the requirements in Article Xi shall apply. J:. Failure to Provide Certificates. of. Insurance: The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section.; remain in force for the: duration of the effective term of this Agreement, .'If insurance certificates are -scheduled to. expire during -the effective term, the Provider =shall be responsible for submitting new; or :renewed insurance certificates to the_County. prior to expiration. In the event that expired certificates. are notreplaced: with new or renewed certificates :which cover the effective term,.: the. :county may: suspend the Agreement until. such time as the new: or renewed certificates -are received by the: County in the manner prescribed herein; provided, however, that this suspended period does.not:exceed thirty(30) calendar days. Thereafter,;the:County may, at its sole discretion, terminate-this Agreement.. ARTICL.E:Z3. PROOF OF LICENSURE:AND.:BACKGROUND SCREENING :i i A: Licensure. If the` Provider is required by the State of Florida or Miami -Dade County or any law or regulation to be licensed or certified to provide the services or.operate the facilities :outlined iri the :Scope of Services (Attachment the Provider shall furnish to the County a. copy of all required current licenses or certificates. Examples. of services: or operations requiring such licensure or certifi.catlon'Include: but are not limited to childcare, day: cane; nursing.homes, and boarding Homes. if_the Providerfails to furnish the:Countywithahe licenses orcertificates:required under ?this: Section,: the County shall: not::disburse,any funds until it is provide °d with such licenses or 'certificates:.Failureto provide"the licenses:.or certificates within-sixty :(60) days of execution of: this.:Agreement rnayresult in terinirlation of: this Agreement at fhe.Cszunty's discretion. €B. Backeiround Screeninq:'The; Provider agrees to comply with all applicable laws, regulations, ordinances and resolutions :regarding :background screening of employees; eubcoritracted personnel, and volunteers.: Provi.aer's failure to commply with any applicable laws; regulations, ordinances :and resolutions, regarding background screening of employees, subcontracted personnel; and:' volunteers is grounds for a: material . breach and termination of this contract atthe sole discretion of the County: Tte Provider agrees to comply with all applicable:: laws. (including but- not limited to Chapters 39, 4021 400 408, 393, 397, :984, `985 and 435; Florida Statutes; as may. be amended form time to time), regulations, or."dinances and resolutions, :regarding background screening of those who. may work with .vulnerable .persons, as defined by section 435.02, Florida ' Statutes; as may be amended from time to time. Page 6 of 23 i is s: is t 13- SMIA"CB l In the _ event criminal .background:screening:is required bylaw, the State of:Florida andfor 1 the County, the Provider will permit only employees, subcontractors, and volunteers with a i satisfactory national criminal background check through 'an appropriate%scree:ning agency: (i.e., the Florida Department of :Juvenile Justice, Florida Department of Law Enforcement:or Federal Bureau of Investigation) to.work indirect. contact:with vulnerable persons The Provider agrees to ensure that employees; subcontracted personnel ;:and volunteers who work :with :vulnerable persons :satisfactorily :complete. °and: pass Level. 2 :background screening before working`with vulnerable persons. Provider shall:furnish the Countywith: proof that employees, .subcontracted personnel, and:' volunteers who Work with .vulnerable persons; satisfactorilypassed;LLevel 2. :background screening; pursuant to Chapter 435, Florida Statutes, as may be amended_from time to :time If the Provider fails to furnish to the County proof that an employee, subcontractor,,:or Volunteer's Level 2* ;background screening was;satlsfactorily:passed and completed prior to :that employee,: sui?cohtractor, or volunteer workinmwitt ` a vulnerable : :pemon or vulnerable persons, L„c c,vuiuy 0114211 pIuL u15uu15G any lul.ulai iwlus anw vub %.viauuvt nlay.6vC.. . suujecL Lv telu III lanvn !ell the s0ju U19ldGU01 I Qum Id Uounty.. - 'ARTICLE 94 CONFLICT OF INTEREST A. The. Provider agrees to abide by. and be .governed by Miaml-Dade County Ordinance No.. 72 82 (Conflict of Interest Ordinance codified at :Section 2 -11.1 et al.'of tlie-Code of. Miami -Dade County), as amended; which. is incorporated herein by reference as if .fully set forth herein, in connection:with its contractobligat#ons hereunder: Be No person under the employ of: COUNTY,. who exercises any function or.responsibilities in connection with.this Agreement, has at the time this. Agree nent:is entered into, orsha #I have during.,the. term of this "Agreement, any personal linandal interest,. direct or indirect, :in this Agreement. C. No person, Including but not limited to any officer, member of a board of directors, manager, or supervisor..employed..by_ the Provider, who is in the position of authority, and who exercises . any function: or 'responsibilities in .connection with this Agre:ement,* has at the time this Agreement is entered into, or shall have during the term. of this Agreement, received any of the- service s funded underthis <agrebmeiit, or'direct or lnstruct;any employee under their ;supervision' :.to provide suoh services as:.described in:;this:Agreement. Notwithstanding the before mentioned provision, any: officer, member'of aboard of directors; manager::or supervisor.employed by: the Provider, wh is :eligible .to receive any of the services described herein.: may utilize ouch: services if be or she can demonstrate that he or she does not :have direct supervisory responsibility over the Provider's empioyee(s) or service program.:and that such` utilization Is :permissible pursuant to'Section.2 -1:1.1 e't al. of the Code of Miami -Dade County: .ARTICLE 1:0. CIVIL RIGHTS The Provider agrees to abide by Chapter 11A. of the Code of Miami -Dade County ( "County: Code "), as amended, which prohibits discrimination in employment, housing and Public accommodations on.:tha `basis of race, creed, religion, color, sek, familial status, marital status, sexual orientation, pregnancy, age, ancestry, national origin or handicap; Title VII of the Civil Rights Act of 1968; as amended, which prohibits discrimination in employment: and _public Page 7 of 23 k W i j R CB k. 1:3- SIVIIA -CB accommodation; the Age Discrimination. Act: of 1075, 42 U.S:C, §6101., as :amended, which :prohibits. discrimination in employment because :of age; the ;Rehabilitation :Act: of 1973,.:29 U.SIG, §794, as amended, which prohibits discrimination on the basis: of Aisabiility; the Americans with Disabilities Act, 42 U.S.C. :: §12101 et-Re .,. which prohibits discrimination in employment and public accommodations because of disability;. the federal Transit: Act, :49 U:S_ C.' §1612, as amended; and the Fair Housi► g Act, 42 U.S C... §3601.et.se It Is ; expressly Understood that the. Provider must submit an affidavit attesting that it'is not in violation of the Acts: if the Provider or any:owner, subsidiary;:: or: :other firm: affiliated with .or related to: the Provider is found by the responsible.:.enforcement agency, the Courts or the County to. be: in violation of these acts, the Countywill conductno further business:withthe Provider. Ariy contract entered into based:;upon a false affidavit shall :be voidable byAhe.* County,: If the Provider violates any of -the: Acts during the term of any contract -the Provider has with the County, such contract shall be voidable by the`County, even.if the Provider wa not in violation at the'time: it submitte.d:its affiday.,it, The :Provider::agrees that it Js in: compliance. with the Domestic. :Violence: Leave, codified as: .4 11A -60 et. of the: Miami -Dade CountyCode,. W ich requires an:e.rnployer, who.,in th6reWar course of business has fifty (50) or: more employees working in: Miaml=Dade County for each :working iday during each of twenty (20) or more calendar workweeks to provide domestic violence leave to its employees, Failure to camplywith this local lawmay.be grounds for voiding:or terminating this:Agreement or for commencement of debarment proceedings: against;Provider, :ARTICLE 11. HEALTH INSURANCE PORTABILITY AND;AC:COUNTABILiTY ACT: Any: person . or entity that performs activity : involving. the use or disclosure of and /or "Protected .Health Information:THW and Accountability Act (HIPAA) of 1996 Administrative Order. HIPAA mandates for include but are not limited to or assists Miami -Dade County. "individually :identifiable . health shall comply with the Health Ir and the Miami -Dade County privacy, security- 6nd:electronic with a function or information (IIH,I isurance.: Portability Privacy. Standards transfer :sta.ndards, 14 . Use of information only: for_ performing services required byahe contract or;as.required by law; 2, Use: of appropriate safeguards to prevent non - permitted *disclosures; 3.: Reporting:.to Miami -Dade County:gf any non permitted use or disclosure;. 40 Assurances that any agents and subcontractors agree to the same restnctions° and conditions that apply to the Provider :and_:reasonable assurances that I(HI /PHI: will: be held: confidential; 5. :Making F?:rotected Health Inform.afion:(PHi.): available to tkie;.gustorn r . 6, Making PHI :availab.le.Ao the client.: for review and amendment; and incorporating any amendments,requested by the client as may required by.. law; 7. Making: PHI: available to MiamWade County for an: accounting;of:disclosures; and 8..:Making internal practices, books, and records related;to. PHI available #o Miami* Dade County for compliance audits. PHI shall maintain its protected.status regardless of the form and method of transmission (paper records and /or electronic transfer°of :data).. The Provider must giveits. clients written . notice of its pr:ivaay information practices, including specifically; a description of the :types of uses and Page 8 of 23 ti I:. i s r l 1: f CB :. 13mSIViIA -CB disclosures that would be. made with protected health information. Provider must .post, and distribute upon request to service recipients, a'copy of the County's Notice of Privacy Practices. ARTICLE 12. NOTICE REQUIREMENTS It is understood: and agreed between -the parties that any written notice .addressed to OMB, which is delivered by U.S. Mail .or errioiled;.to OMB and any written .notice addressed to the Provider, which is delivered by U:.S. Mail ocby:em.ail shall constitute sufficient notice to..elthe'r party. All notices required :or permitted under this - Agreement which -are by Q:S. Mail .shall be deemed sufficiently served. if. delivered t y Registered: or Certified Mail, with return, receipt requested; •. or-delivered-:personally;- or delivered.._via fax or by email..AII notices .to the County shall, be delivered to the following addiress:. (1) To the County' .ATTENTION:. Felipe M. Rivero Ill Phone: (305) 375 -4765 t Fax: (3Q5) 375 -049 Email: nver60mIaM` idade.goy (2) To the Provider Phone: (305) 668- .2514 Fax: (305)'668 =7388 Email: Xorth southmiam fl.gov Either party may at any time designate. a different'mail or email :address and/or. contact: person by giving written notice. as provided above to the other party:: ARTICLE 13. `AUTONOMY Both parties agree that this Agreement recognizes the autonomy :of the contracting parties aiid.irn* lies'nd-affiliation between the.contracting parties., It is. expressly understood and intended that `the Provider is -Only :,a' recipient of funding support. and .is:' not an agent or instrumentality -of the County;: 4 Furthermore, the Provider's agents and employees are. not agents or employees of the County. ARTICLE 14. SURVIVAL The parties acknowledge that any of the :obligations..in this agreemerit,.i icluding but not limited to Provider's obligation to indemnify�the..County, will survive the term; termination, and cancellation hereof, Accordingly; the respective: obligations .:.of :the Provider ::under this agreement, which by nature would continue beyond the termination; cancellation or expiration thereof, shall survive termination, :cancellation or expiration hereof. Page 9 of 23 CB ARTICLE 150 BREACH-017-AGREEMENT, COUNT'Y:.RIwM DIES V; 13 -SMIA CB A. Breach. A breach by the Provider shall have occurred under this.Agreement it (1) .the. Provider fails to, provide. the services .outlined in the:Scope of Services (Attachment A) or meet expected performance levels °within the effective term of:this Agreement; (2) the Provider Ineffectively_ or improperly uses: the County funds ::allocated under this Agreement; (3) the Provider does not furnish the Certificates of Insurance required by this Agreement: or as determined by the . County's Risk NlanagementDivision;; (4) if:applicable, the Provider does not furnish upon request by: the County proof of, licensurelcertification or proof of background s:creenrng :required by' this Agree..ment ;: (5) the Provider fails to submit;. or: submits - incorrect: or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or, fails to :submit or submits incomplete or incorrect: detailed- :reports of expenditures or final expenditure reports; (6) the' Provider does not: submit or submits incomplete or incorrect required reports or reports that indicate that expected performance. levels are not being met; .(7) the Provider refuses to allow the County .access to records .or refuses to allow the County to monitor, evaluate °and xeview thi: Provider's program; (8 }: the Provider, discriminates under any of the taws outlined in Article 10 of this Agreement; '(9) the :Provider, attempts to meet its;: obligations: under this Agreement through. fraud, :misrepresentation; or material.misstatement; (10) the Provider fails to correctdefrciencies found 'during a monitoring,. evaluation; :or review with-in the specified time as. described and defned in a Corrective Action Plan .(.CAP);: (1.1) the Provider fails to issue :prompt payments: to small. business `subcontractors or follow dispute resolution procedures regarding a disputed payment; (12} the Provider fails to .submit the Certificate of Corporate Status, Board of Directors ' requirement, or 00 of:tax status; and (113) the,. Provider fails to fulfill in .a- timely and proper manner, any and alit of its obligations, :covenants, agreements, and stipulations in this Agreement:; (14) the':Providerfails,to meet any of the term`s and conditions *of the Miami -Dade County Affidavits (Attachment D) or the State Affidavit (Attachment,E); (15) #tie Provider falsifies or violates the .provisions of ' the Drug Free Workplace. Affidavit':(Attochment. D); or (16) the Provider fails to fulfill in :a timely and :proper. manner any and all of its obligations., :covenants, agreements and,stipulations::in this Contract. Waiver of breach of any provisions of this Contract shall nat be deemed to be :a waiver: of any other breach .and shall not be construed to be a modification of"the terms of.this Agreement: B.County Remedies . If'the Provider breaches this Agreement :the County may pursue any-or t all of the following:remedies: 1. The Coanty :may terminate1his Agreement by .giving written notice to. the. Provider; of such: termination and specifying the effective :date :there'of to ;the; event. of termination; the County niay' (a) request the return of -all finished or unfinished:documents,.data studies,: surveys,. drawings, maps; "models, photographs, reports prepared and secured by the Provider with. County.: funds under;.this_ Agreement (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or :cancel ' any other :.contracts entered into between the - County and the Provider: The Provider shall be responsible for all direct and indirect costs associated with such termination; `ineludirig attorney's fees. The County May alsoy: in the County's :sole discretion, recapture a proportionate amount: of :funding if expected performance levels -under this Agreement are not met by Provider in the. County's sole discretion. ' 2. The County may suspend payment in whole or in part .under this Agreement by .providing written notice to the Provider of such suspension and specifying the Page 10 of 23 4 rl M Na 13- SMIA -C13 effective date thereof, at least five -_(5) days before.the:.effective:date of suspension:. If:payments are suspended, the County shall specify. in writing the actions that must be taken by the Provider as condition precedent to_resumption of:payments and shall specify a. :reasonable date for compliance. The . County may also suspend any payments in. whole :or Inpart under any ether contracts entered into: between the County and the ;Provider, Ttie Provider shall. be responsible for all direct and indirect _:costs associated :.:with: such suspension, including attorney's fees, The County tray also,. in the County's sole discretion ,: reca p ture. a proportionate amount of funding_f expected performance levels under this: Agreement are not met by Provider in the County's sole discretion. 3. The County; may seek`.enforcement of this Agreement Including but: not limited to:fiHN an: action irra court of appropriate jurisdiction: The Provider shalt be responsible ;for all direct and indirect'cosis.bssochafed whthsuch:enforcement, including attorney's fees;: 44 The County maydebar the; Provider from _future County-:contracting; 51 if for nnv reacrjn fhg Prnvictar should attempt, fo j..neet tic nhlinatinnG .._.._ under 'this Agreement through fraud, inisrepresentation or material mis.statement, the County shall, whenever. ractica-ble'terminate this:A reement:b . p g y giving wriften notl.ce to the provider of such termination and specifying 'the _;effective date' thereof at least five (5) days before the effective date 'of such.` lbrminatiom The County may terminate: or cancel ;any other contracts which such in'div dual or entity :has with, the County, Such individual, entity shall' be respo- s{ble for all. direct and indirect costs' associated with `'Such 'termination or cancellation, including attorney's fees. ' Any hndiividual or. entity who attempts,. to _meet :its: :contractual ! obligations with the County through fraud, misrepre`sentatlon, or.material misstatementmay::be .c debarred fromounty'contracting for up to five (5) years; ' 64 Any otherremedy available at lawor equity. C:6 Authorization to Terminate Agreeement,. The Mayor:or the Mayor's designee is. authorized to terminate this Agreement on behalf of the County: D. Failures or wahvers: to insist on strict .performance of any.:covenanti_ condition., or Provision of this Contract by the County shall not be deemed a waiver of:any rights orremedies, . nor. shall it relieve the: Provider from performing:: any :subsequent obligations strictly in accordance with the term -of this Contract.. No . waiver shall ;be effective unless in :yuriting and signed by the :parties. :Such. waiver shall be limited to :provisions of .this Contract specifically referred to .therein and shall not be,deemed a.waiver of any other provision. iVo waiver shalt constitute a continuing waiver °unless the writing states otherwise... E. barrages Sustained.; Notwithstanding .the above, :the provider shall :not: be relieved of liability to the County.for damages sustained by the County by Virtue of anybreach:of the .Agreement, and the County .may withhold any payments to the Provider until such time as -`the exact amount of damages due the County is determined. The Co,unty:may' also pu 'sue.any. remedies .available at 'law ''or equity to compensate for any .damages. sustained Wthe breach. The Provider shall be responsible for all 'direct and indirect: costs associated: with such. action; including attorney's fees. Page 11 of 23 3 I ' :t 1 f i �v ARTICLE 16, TERMINATION BY EITHER PARTY 13wSMIA�CB Both parties agree that this Agreement may be terminated: by: either party .hereto by written notice to the other :party of.such intent to terminate at leastthirty (30) days prior to the effective date of such termination. The .Mayor or the °Mayor's designee is :authorized to terminate this Agreement on the behalf. ofthe'County:: ARTICLE 17. PAYMENT PROCEDURES The County agrees to pay the Provider for services rendered under1his Agreement based on the paynient; schedule,'the :line item budget;:;or both, which are: incorporated herein and attached :hereto as Attachment B for services provided under the attached S'cope::of -Services. Payment. shall be . made in accordance with procedures. outlined below and if .applicable, the Sherman S. Winn: Prompt Payrrient Ordinance'(Ordinance 94"40). A. Reinibursement and Advances.. The parties agree that -this: is a`cost= basis Agreement and that the Provider shall be paid through reimbursement payment based oh ,the budget approved :under, this Contract -(See Attachment B) and when complete :and proper documentation of se .vtce. delivery and h.curred expenses are provided tothe County. if the actual performance levels of the program(s) covered'by this agreenienfi are aess <than the expected per levels, . then the'County may adjust payments, recapture the funded:award,:or seek: repayment based on the level of performance: Upon proper and complete execution 'of this Contract (to include. proof of.insuranee); the County:may: provide fhe l?roA 6r with twenty -five percent *(25%) of the Contract amount. 'The Provider's request for this advance payment:must:be submitted in writing :and must: specify -the reasons and justifications for such advance payment. alt .need.not be accompanied by a detailed expenditure report. The County shall have the sole discretion in. choosing Whether or not to provide ariy advance payments and is notobligated to do sounder any, circumstances. Advance payments in excess of 250/V of the contract amount may be approved _by the. QMB�CC Director as the De & e ::Mayoes signeor th Mayor: B. Monies Owed to the County. The County :reserves ahe:41ght, in its :sole discretioni to reduce payments to the Provider in order to recapture 'any monies: owed to the.`Coianty: In accordance with County Administrative Order No.. 3 -29, the Provider "that: Is' h arrears to: the County :is prohibited"from obtaining "new County contracts:;or extensions .. of. contracts until such timeas the arrear0g6 has been paid, in ,full or the Countyhbs agreed in Writing to::an. approved payment. plan: C; No Payment. of Subcontractors: In no event shall County funds be advanced or: paid by. the County directly to any;.subcontractor: hereunder, � Paynient:to approved subcontractors shall be made by Provider4oll6wing requirements: and limitations. as detailed:in Article 21 of this Agreement. D.. Requests fo°ir Payment. The County: agrees to pay: all: budgeted, costs incurred by the Provider that' are allowable under. the. County, guidelines... In order to :receive payment for allowable costs, the. Provider shall submita Monthly Summary of Expenditures Report , and a Monthly Performance Report on forms provided by the OMB. The' OMB must receive the Monthly Summary.of Expenditures Report and the Monthly Performance Report no later than the 21st day of the :month following the month in which services were: provided. The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the Page 12 of 23 CR 13- SMlA -CB month services :were rendered and documented in. the: Monthly Performance .Report: Upon submission of :satisfactory required monthly reports, the OMB shall make payment. If the Provider is not meeting.- its :expected .expenditure .rates, then a corrective action !plan. must accompany the Provider s Monthly Summary of Expenditures Report. The County will not approve payments for .in -kind or. volunteer.: services-:provided by the Provider on behalf of the project.. The.,OMB shall accept originals. of invoices, receipts and other evidence of indebtedness :as proof -of expenditures. Wien original docuMents cannot .be produced, the: Provider: must adequately..justify. their absence in writing and-furnish .copies as proof of the expenditures. `E. -Processing the Request for Payment. After the OMB staff :reviews and. approvesahe. payment: request; he OM.B Mil_ submit a_;payment: request to the :County's::Finance: Department: The County's Finance Department will issue,payment via Automated Clearing House:: (ACH) or main, the check directly, to the Provider at the address listed .in Micle 12 of this Agreement; :unless otherwise :directed. by the Provider In writing. The parties agree that.the processing of a payment request from date of submission by the Provider shall take a maximum of forty five {45) days from-receipt of a complete and accurate navment request,. pursuant to the County`s Sherman :S. Winn Prompt- Payment Ordinance (Ordinance..94 -40), Bection.2 81;4. of the: Code of Miami -Dade County, Administrative :Order No 3 719, and the Florida: Prompt- Payrrment Act,. if supporting documentation linviaices are properly documented as determined.:by the County; in Its sole discretion, It Is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses.incuried during the period :between the provision..of services and payment by the County.; Failure io submit monthly reimbursement:requests:with supporting documentationIn a manner deemed correct and acceptable.: by aiie County, by the 21st day of each' foiloinring:ahe i.nobth in which the servicervas:delivered, shall be considered. a °breach of this: A' ' ement,and may ;result:in; terminatlork of'this`Agreement, F. Final Request; :for. Payment. A final request for payment from the Provider will. be: :accepted by the :.OMB up to ;thirty (30) days after: the expiration:: of tFtis Agreement. if the. Provider fails to comply, all rights to payment shall. beJorfeited;. The. request: for the .final payment may include accruals of the personnel costs.listed in Attachment B, whioii.the Provider is obligated to pay :after :the close of the period for services provided within the. term of the i Agreement: ......: Coseout Reporting: Process/Re of .Funds. Upon. the :exp ration of this Contract,'. the Provider shah submit Closeout Report:documents to the QMB.;no- more' €than hirty. (30) days. after the expiration of this. Contract,: These documents shall_ include. a :cumulative contract year -end summary. of _Provider's program :}performance, the Contract: Year -End :Closeout: Report, and..the Property Inventory Report, if after recelpt of these: documents, the OMB determines that the Provider has been paid funds. not in accordance with the Contract, and to which it is'not:entitied, the :Provider shall return such. funds:. to the County or :submit appropriate documentation. The County :shall _ have the sole dis..cretion in; determining whether the :Provider is.:entifled to such funds. and the :County's.decision:on. this matterahgI[.be:binding. Additionally, any unexpended or unallocated funds shall be recaptured by the. County. ARTICLE 13, PROHIBITED USE OF FUNDS A. Adverse Actions or Proceeding. The.,Provider shall not :utilize. County funds to Page 13 of 23 I t t PH CB x.. kc k. 13- SMIA -CB ;w. retain .legal counsel for any action or proceeding against the County or -any of its agents, instrumentalities, employees, or officials. The Provider shall not utiliza.Courity funds to provide legal representation, advice; or counsel to any, client iwany. action or :proceeding against the County or any of its agents, instrumentalities, employees, ::or officials. B. Religious PdeposLM County funds.shall not be used for religious purposes. C. Commingling Funds, The Provider shall not commingle funds: provided under this Agreement with °funds: received from any other: funding sources. The Provider shall `establish. a separate account exclusively for receipt of the funds received. pursuant to this :Agreement. :ARTICLE 19:. A. Certificate, o�f Carporate Status. The :Provider4nust:submit to the OMB,; within thirty .(N) days :frorr the`date!ofexecution of this Agreement, a certificate of corporate status in fie name of the Provider,. which certifies the- following::that#he ::Provider is organized,underthe laws of the State:of Florida; that Oil fees. and penalties have been paid; that the Provider0ri.ost recent annual .report has been filed; that its status is activb; and that: the Provider has not filed Articles ofDissolution. B. Board of Director Requirements. The Providers-hall insure that the. Providers Board of Directors.is apprised of the programmatic, fiscal, and administrative obligations under this agreement 'funded through County Funds by passage of a formal resolution authorizing execution of this A.greement:with the County. A current :List of the Provide.es Board of Directors and officers must tie Included with.the submisslom Said .resolution shalls at a minimum:list..the names) of the Board's President, Vice president .-and any .other persons authorized to execute. this Agreement on behalf of, the Provider, and reference :the:service.:categories and dollar amounts.'in the award; as may be amended. A copy -of .this: corporate resolution ;must. be submitted to the, County prior to contract execution. Through the Wiciai'.miautes. of its Board: meetings, the Provider :rriusY also maintain . proof that it has :been sharing: the: results . of all County monitoring reports with: its Board: CO Proof of Tax Status, The. Provider is required to submit to: the County the following documentation: (a): The. I.R :S..tax exempt status - .determination letter; (b) the.inost ' r6cent1R.S. Form 990-or LR:S. Form:990.A (c) the annual submission of I. .R.S. Form 990 or LR:S Form 99044 within (6) months :afterthe Provider's ::fiscal; year :end; (d),1RS form 941 = Quarterly Federal Tax_Returrr Reports.within thirty4fve (35) days after the quarter ends andJf the foram 941 reflects a' fax liability; proof of payment must be submifted within; forty -five (45) days. afterthe quarter ends. D.. Business.Application. The Provider .shall be:a registered vendor with: the County's Department of Pro curement "Man :agement,.forthe::oration of this:AgreemenL Itis the ' resppnsibility :of tfie Pro 'Vider to file the appropriate. Vendor Application and to.. update the =: Application file for.any changes.for the: duration of this Agreement; :including any -opt! on, year s. E. _ Section 2A I A (d) of Miami -Dade County Code as amended by Ordinance 00-1, requires any county emp.loYee'or any member of the employee's immediate family who has a controlling financial interest; direct or indirect,:with Miami -Dade County or any person or agency acting for Miami -Dade County from- competing or applying for any such contract as it pertains to Page 14 of 23 1' i- CB 13�SMlA -CB this' solicitation, must: first request a conflict of interest opinion -from the County's Ethic Commission prior to their or their immediate family member's entering into:.an . contract. or p Y g� Y l transacting:any.business through a fimii corporation, partnership or business entity in which the "employee :o.r any. member :of the: employee's immediate family has a controlling financial interest, direct or indirect, with Miami- Dade - County or any person or.agency acting for Miami- Dade. County and that any such contract, agreement . or business engagement entered In 1. violation of thls subsection, as amended, shall render this Agreement voidable. For: additional informationi :please contact the Ethics Commission hotline_.at.(305):579v- 9093: F. Accounting Records: The Provider shall :keep accounting: records: which conform to. generally accepted accounting principles. All such records will be:retained by the Provider for not less than five-(&):y beyond the term of this Agreement, and shall be made l avallable'for reviewupon request.from County authorized personnel, G.. Financial Audit.: If the Provider has or is required to have an annual certified :public accountants opinion_ and related financial :statements, the :Provider agrees: to provide °these documents to the OMB no later than one hundred eighty:(180);.days following the end.: of the -.Providers tiiscai:year, for each year during which this Agreement remains in force or until all 'fundssreceived pursuant to this Agreement have been;sa:audi #ed whichever isaater; t H. Aebess' to Records. Audit. The County reserves the right to require. the. Provider to .submit to an audit by an auditor of the County's choosing or approval. The ,Provider shall provide access to,, all, of its. records which relate to this Agreement.at its place of business; during regular business hours. The Provider agrees to provide such assistance as may be l.. necessary to facilitate` their review or audit: by the County to tnsure compliance with applicable ' Ir. accounting and financial standards 1. Quarterly Reviews of :Expenditures and Records. The County Commission Auditor may perform quarterly `reviews of Provider expenditures and records. Subsequent payments 'to the provider `shall be * subject to a satisfactory review of Provider records and expenditures by the County Commisslon Auditor, including but not limited to, review' :of supporting documentation for expenditures and the existence of sufficient documentation: 'to support .eligible expenditures. 'The Provider agrees: to reirnburseAhe County for ineligible expenditures as determined by the County Commission:Auditor. J: Quality Assurance: /. Recordkeeping, The Provider shall maintain, and shall require :that the Providers subcontractors :and suppliers maintain, complete .and ;accurate prggrani aril fiscal records to substantlate - compliance. with the requirements set: for #h .irn: the; Attachrrrent A, Seope:of Services, of this -Agreement. The Provider and:its subcontractors -and suppliers, sf sll:retalnauch records,:and; all other!documents: relevant to;the:.Servlces furnished under tfiis Agreement for a period qfi five (5) years.from the'expiration date of this Agreement. The Provider agrees to participate in evaluation: studies, quality :management activities,. Corrective Action Plan activities, :and analyses. carried out by or on behalf of the :County to evaluate the effectiveness of.client=service(s) or the:appropriateness and quality of care /service delivery. Accordingly, the Provider shall permit authorized staff. involved to such efforts th,e right of accessto the: Provider's premises and.records K. Confidentiality Requirements.. The Provider shall .establish and implement policies and procedures that ensure compliance with the following security standards and,any and air applicable State and. Federal :statutes 'and regulations for the., protection of confidential Page 15 of 23 t z F s 0 C OR 13�SMIA -CB client4ecords and electronic ezeharige of confidential: informatiom. The policies and procedures must ensure that: (1) Therejs a controlled and secure area for storing.:and maintaining active confidential: information: and files,: including but not limited to :.medical records; (2) Confidential records are not removed from :the: Provider's :premises, unless otherwise authorized by law or .upon written consent from the County; (3) Access to confidential information is...restricted to autho.:rized personnel of the .Provider., the bounty, and/or the.:United States::Office:of the Inspector -General; (4) Records are ;riot. left unattended in areas accessible to :unauthorized. indlyiduais; (5) Access to electronic data.is controlled; :(6) Written authorization; signed by :the client; is obtained :for :release. of copies of client records and/or information. Original documents must remain on file at the:originating provider site;: ;(7) An orientation is }provided to new: :Staff persons,. ',employees, and volunteers, All employees and volunteers, must sign ::a confidentiality pledge, acknowledging their awareness and.; understanding of confidentiality laws, regulations, and policies; (8) Procedures are developed and implemented that address client,ohart,.and? medical 'record :identification;:. _filing methods,- storage, retrieval., organization and : Mainterlance, access: and security, confidentlality, ireteritionjelease of information; copying; and.faxing. L. Progress Reports. E lhe::Provider shall furnish the !O.MB with monthly progress /perfornance reports : in accordance with the activities and., goals. detailed in Attachments A�and F'of his Agreement. The: reports:shall :explain the Provider's progressfor the month.. arid.; in`fhe event that its activities: are. seasonal; must clearly: indicate: when :specific services and related expenditures will, occur. The data should be qu4htifieda when appropriate. A °corrective action plan ;must accompany all progress :reports.Ghat: indicate that the. Provider is note meeting its expected service; goals or expected .performance levels. :The. final, progress report anal/ be. due no later. than thirty j30) days; after.: the: expiration, or termination:::ofi this Agreement. M. Monitoring: Management Evaluation and Performance: Review..; The Provider .agrees to ,permit :County authorized_ personnel to: monitor, review .and, evaluate. the program /work which is the subject of this:Agreement. The.OMB shall monitor both fiscal and programmatic comptlanc� with; all the terms and conditions of the Agreement. The !Provider snail permit: the: QMB to conduct site visits;.'client assessment surveys, and other techniques deemed reasonably necessaryao fulfillahe m.o hitoring function: A report -of the OMB's :findings Page 16 of 23 W CB 13- SMIAMCIB I will be delivered to the Provider and the Provider will =rectify Ali deficiencies cited within the period of time specified. in the report,. If.such deficiencies .are not corrected within the. specified time; the County may suspend payments or terminate thls.Agreement The OMl3 may:conduct one' or more. formal :management :evaluation. and :performance reviews of the :Provider, Continuation: of this Agreement br future funding is :dependent upon .satisfactory evaluation conclusions by the County: K Client.Records.. The Provider shall maintain a.separate individual client chart.. for :each client/family served,, where appropriate:: This .client chart sbalFlinclude:all::pertinent, information regarding. case activity; At a minimum- th e. client chart shall - contain referral and intake information, treatment plans, and :case.: :notes documenting the :dates services: were provided and the type of service provided. 'These client charts shall be subject.to the audit and inspection °requirements underArtiele 19, Sections F; G,,and Kofthis Agreement:, O_: Disaster.: Plan /Continuity :of Operations Plan. (COOP).: The: Provider' shall develop dhd maintain an Agency Disaster Plan /COOP: At a minimum,:ahe Plan will describe how the Provider estahliGhPS :and maintains nn PffAnfhypa rACnnnen.`fn: .ai"mrA6ru -4ime end disasters; and must comply with 'any Fmeraency ;IVlajna ernent ;reiat_ari Finrl do Sfatttites applicable to the Provider. 'The-Disaster:Plan /CO:OP rnust_be: submitted to the OMB no later than January 1" of the contract term and is also subject to review and: app.rovat,of the County in l its so 1 le discretion.. The. Provider will review the Plan annually, revise it as needed, and maintain. a written copyonfile'at the Providees.:site: :ARTICLE 2o; Office of MlamWade County Inspector General and the. Commission Auditor The' Provider understands that it maybe subject tto. an.audit, random or otherwise, by the ` Office of Miam6Dade County: Inspector. General' or an'Independent Private Sector Inspector General retained:bythe Office of the Inspector General, or the- .County Commission Auditor. Independent ;Private Sector Inspector General Reviews. The attention of the- Provider is hereby directed to. the requirements of Miaml- Dade 'County Code Section. 2-1076 in that the Office of the Miaml-Dade Cd6nty. Inspoctor-J3er Brat [iG) shall have the: -a' rity: and power to review past, :. present . and ,proposed: Gouhty, progrAms,,, accoun s, records; contracts and transactions the IG. shall have- the powerta subpoena witnesses, administer oaths and- require. the pduetlon;o.records Jpo tn (lidyiitero m the:Pvider shali.make' oll :eodested records'and documents available to:the.iG for. inspection and copying. The IG shall have the # power to report and /or recommend :to.::the: Board of :County 11 Commissioners' whether a particular project, program, contract or transaction is. or was necessary and ifdeemed necessary; whothor: tiie : method. used :for implementing the::project or program is orwas efficient both °financially and operationally. Monitonng.of an existing project or program may inciude. reporting whether the project is.:on time, within budget and in conformity 'with plans, specifications,: and applicable law: The iG shall have the.power to analyze the need for, and reasonableness of, proposed change orders.: The G may,.-on a random basis, perform audits on all County contracts throughout the duration of said : contract (hereinafter , "random: audits ") This random .audit is. separate and distinct from any.other audit by the. County. Grant recipients are exempt from paying the cost of the audit which is normally % of 1 % of the total contract amount. Page 17 of 23 ez: M M K+ CB 13= SMIA -CB The IG shalt have the power to retain and coordinate the services. of an independent private':: sector inspector general (tPSiG) who may be engaged to:perform said random audits, as well as audif investigate,, mohitor; oversee, inspect, and review:the operatlons; activities and perforhiance and procurement process including, but :not limited to, :.project .design, establishment of bid specifications, bid submittals, activities of the contractor, its officers., agents and .employees, lobbyists, County staff and elected.. officials in order to ensure compliance with. .contract specifications and detect corruption and fraud. Nothing. in tnis'Agreement shall impair any: independent right:.of the County to.:conduct. audit'orinvestigative activities. The provisions of this section are: . neither .intended rior:shall.1hey be construed to impose. anyliabHIty on the County by the.ProVider or :third - parties.: ARTICLE 21: SUBCONTRACTORS. and ASSIGNMENTS A: Subcontracts. The: parties agree that no assignment; or.subcontra:ct will be: made or� let: in connection ,with this Agreement without the_ pdor.written approval of the OMB In its sole. discretion, which 'shall not be. .unreasonably withheld,; and that all :subcontractors or assignees shat) be governed :fly all of the terms .and °conditions of this Agreement. The :Provider will obtaln three quotes for all proposed subcontracts valued at $-1;000 andabove and maintain 'documentati.on. of all three (3) quotes.on file. 1) if the Provider will cause any pars ,of this Agreement:to be performed:by a Subcontractor, the... provisions of this Agreement.:will apply to such Subcontractor. and Its officers; agents and employees in. all respects as. if it:and`they were employees of the Provider; and the - Provider will not be in any manner thereby discharged from its obligations and liabilities hereunder, bufwili be liable :hereunder for all acts and negligence .of the Subcontractor, 4ts..officers, agents, . 'and. employees, . as if :they. were employees of-the Provider: The services performed by:the. Subcontractor Will be subject to. the provisions hereof- as if performed directly by the :Provider:: 2) `The: provider, before making: any subcontract for any ,portion•, of the. services;. will state in: Writing to the .County. the name of. the proposed. Subcontractor, the portion -of the :Services which the Subcontractor is to perform; the place of bus(ness. of .; such .Subcontractor,.-and.such :other 'information as the County:may require. 4The.County will have the right to require the provider not to award any subcontract to a :person, firm, or corporationAlsapproved by the County in its:sole;discretion. 3) Before entering into any:' ubcontract..hereunder; -the Provider :will inform tfie Subcontractor fully and completely.of:all: provisions and requirements of this Agreoment relating . either directly orindirectly :to the Services to;he performed. Such Services performed by such Subcontractor will strictly comply with the requirements of this Agreement; 4) in order to qualify as a :Subcontractor:satisfactory to :the Coo ty:in its sole discretion in addition to the other .requirements herein provided,: the Subcontractor'must be prepared to proveao the satisfaction :of .the County that it has :the necessary. ;facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To Page 18 of 23 d CB 13= SMIA -CB The IG shalt have the power to retain and coordinate the services. of an independent private':: sector inspector general (tPSiG) who may be engaged to:perform said random audits, as well as audif investigate,, mohitor; oversee, inspect, and review:the operatlons; activities and perforhiance and procurement process including, but :not limited to, :.project .design, establishment of bid specifications, bid submittals, activities of the contractor, its officers., agents and .employees, lobbyists, County staff and elected.. officials in order to ensure compliance with. .contract specifications and detect corruption and fraud. Nothing. in tnis'Agreement shall impair any: independent right:.of the County to.:conduct. audit'orinvestigative activities. The provisions of this section are: . neither .intended rior:shall.1hey be construed to impose. anyliabHIty on the County by the.ProVider or :third - parties.: ARTICLE 21: SUBCONTRACTORS. and ASSIGNMENTS A: Subcontracts. The: parties agree that no assignment; or.subcontra:ct will be: made or� let: in connection ,with this Agreement without the_ pdor.written approval of the OMB In its sole. discretion, which 'shall not be. .unreasonably withheld,; and that all :subcontractors or assignees shat) be governed :fly all of the terms .and °conditions of this Agreement. The :Provider will obtaln three quotes for all proposed subcontracts valued at $-1;000 andabove and maintain 'documentati.on. of all three (3) quotes.on file. 1) if the Provider will cause any pars ,of this Agreement:to be performed:by a Subcontractor, the... provisions of this Agreement.:will apply to such Subcontractor. and Its officers; agents and employees in. all respects as. if it:and`they were employees of the Provider; and the - Provider will not be in any manner thereby discharged from its obligations and liabilities hereunder, bufwili be liable :hereunder for all acts and negligence .of the Subcontractor, 4ts..officers, agents, . 'and. employees, . as if :they. were employees of-the Provider: The services performed by:the. Subcontractor Will be subject to. the provisions hereof- as if performed directly by the :Provider:: 2) `The: provider, before making: any subcontract for any ,portion•, of the. services;. will state in: Writing to the .County. the name of. the proposed. Subcontractor, the portion -of the :Services which the Subcontractor is to perform; the place of bus(ness. of .; such .Subcontractor,.-and.such :other 'information as the County:may require. 4The.County will have the right to require the provider not to award any subcontract to a :person, firm, or corporationAlsapproved by the County in its:sole;discretion. 3) Before entering into any:' ubcontract..hereunder; -the Provider :will inform tfie Subcontractor fully and completely.of:all: provisions and requirements of this Agreoment relating . either directly orindirectly :to the Services to;he performed. Such Services performed by such Subcontractor will strictly comply with the requirements of this Agreement; 4) in order to qualify as a :Subcontractor:satisfactory to :the Coo ty:in its sole discretion in addition to the other .requirements herein provided,: the Subcontractor'must be prepared to proveao the satisfaction :of .the County that it has :the necessary. ;facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To Page 18 of 23 m 13- SMIA -CB be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County in Its sole discretion that it has satisfactorily performed services of the :same: general type which Is required to be performed under this Agreement. 8) The County shall have'the right to .withdraw its consent to a subcontract if it appears to `the County that the subcontract will delay, prevent; or otherwise .impair the performance of the Contractor's. obii.gations under this Agreement. Ail Subcontractors are required to protect the confidentiality "of, the Courity's.:and County's .proprietary and confidential t "information, Provider shalt furnish :to the County copes `of all subcontracts between Provider, and Subcontractors and suppliers hereunder._VVithin each such subcontract, there shall be a clause°for the benefit: of-*the 'County permitting- the.:County .to request completion of performance by the Subcontractor of. Its. obligations 'under the subcontract, lmthe eventthe County finds the Contractor:in breach ouits obligations; the option to pay. the Subcontractor .`directly for the p`erformance:by:such subcontractor. 'Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability,on: the part of the County to any;subcontractor.`hereunder as:more fully described herein. ` B, if this Agreement Involves the expenditure of $100,000 or. more by the' County and the provider intends to use subcontractors 'to provide.ahe services listed in the Scope of: :Service '(Attachment A) ' or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form .attached as Attachment 1. Provider agrees 'that it will not change or substitute subcontractors :or suppliers from those listed in Attachment) withbut'prior written approval of the :County.. co Prompt Payments to Subcontractors. The Provider shall. issue. prompt payments Ao . subconntractors that are small. businesses (annual gross sales of $7.50,000 or less with its principal place of business in::Miami -Dade County) and shah have a dispute. resolution procedure In place :to address disputed payments. :Pursuant to the County's Sherman S: Winn Prompt Payment Ordinance (Ordinance 94 -40), Sectlon 2- A A of the Code of Miami -Dade County, Administrative Order No: 3 -1`9, arid the` Florida Prompt. Payment Act, payments mustbe made.;Within thli iy ,(30) days of receipt "of a proper lnvolce. . Failure to Issue :prom ptpayrrientsao small business subcontractors or.adhere to dispute.resolution . procedures maybe °gro.unds;for suspension' or. termination of this: Agreement or debarment. ARTICLE 22: LOCAL, STATE, AND:FEDERAL COMPLIANCE REQUIREMENTS Provider agrees, to comply, !n accordance - with: ,professional standards, with the `provisions of any'. and all applicable :Federal, State and' the :County orders, statutes, ordinances, rules and regulations - which may. pertain to the Services required under, this: Agreement; including?but:not limited to: a) Miami-Dade County Florida, Department of =Business Development Participation Provisions, as applicable to:this Agreement °b) Miami -Dade County Code, Chapter 11A, Article 3: All Providers: and subcontractors performing work in connection with this Agreement shall provide equal. opportunity #or .employment and services without regard to race, creed, Page 19 of 23 R� x i S t F WWI LWJMNJ fir bL �. 13�SNIIA -013 religion, color, sex;:familial .status, marital status, sexual:orientation, pregnancy; age, ancestry, national origin or handicap; The .aforesaid. provision shall .include, but not be limited to, the following: employment, upgrading, .demot ion .or transfer; . recruitment advertising;. layoff or termination;: rates of pay or :other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to: post.in. a .conspicuous :place available for empFoyees and applicants for employment; such notices as tray be :required by: the Dade County: Equal Opportunity B6ard or other:authority having ju risdictiomoverahe.workaetting forth the:provisions of:the nondiscrimination law. c): "Conflicts �of Interest" Section 2 -11 of the :!Code of ;Miami -Dade County, and Ordinance 01 -199; d) Miami-;Dade County Code $ ection 1.0 -38 "Debarment ": e) Miami7,Dade County Ordinance :99 -5, .codified at 11A-.60:et, seq. Code of Miami- Dade County per to. complying. with; .the. County's Domestic oLeave ordinance: Failure to comply with lthi6 local law. may be: grounds for voiding or terminating this Agreement or for commenceiiient of::debarment proceedings- against Provider. f) Part. Ili, Ch. 2, Art: 1 and Ch.. 11A of the.. Miami- Dade:. County: and any payment::and-:performance :bond requirements. if applicable under ,the Florida Statutes and F.A.R: 62,2221f. applicable. g) Miami -Dade County. Ordinance .99-152; prohibiting the: presentation, maintenance, ,or ;prosecution of false or fraudulent claims..against.Niat it -Dade County. Notwithstanding any other provision. of this:Agreement, Provider shall. riot:be .required pursuant: to ihis Agreemor►t to take any. action,: or abstain from. ;faking: any action if such ;action. or abstention --would, in the good : faith; determination of the. Contractor, constitute a.violation of any law or regulation to which Contractor is:subject; jhcluding:but not lbited.to' Jaws-and .r.6&latiobs requiring that Contractor.conduct its operations in. a:safe and sound:manner... ARTICLE: 23. MISCELLANEOUS A.. P.ubl.icity: It is understood and agreed betw ".een: the .paifies hereto that this Provider is funded :by Miami -Dade County. Further, :by the acceptance. of these funds, the Provider agrees that events .funded tiyahis Agreement shall recognize and adequately reference the County :as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs: recognizes and references the .County. . for the support of all contracted activities. This is to include, but is not limited to, all posted signs,. pamphlets, wall plaques,. - cornerstones, dedications, _notices, flyers, brochures, news releases;, media packages, prorimotionsi and stationery.. The use of the official Countyaoga, is permissible for the publicity purposes stated herein. Provider shall submit sample or rh6ck up of such. publicity or materials to the County :for review and approval. The Provider shall ensure that all media representatives, Pago 20 of 23 CB 13 =SiU WGB: when inquiring about the activities .funded by this contract, are Informed that the County. is its funding source. B. Governing Law and Venue. This Agreement is made in the-.State of Florida and shall be governed according to the laws of the State of Florida. Venue.for this Agreement shall be Miami - Dade- F C; Modifications. Any-alterations, variations, .modifications, extensions; or;walvers of provisions of this Agreement including; but. not limited to, amount payable and effective term shall; only be valid when they have been reduced: to writing, duly approved and signed: by::b:otfi parties and attached to theoriginal of this Agreement. The .County and :Provider mutually agree that modification -of the :Scope of Service, schedule of payments, b!t{ing: and cash :payment �proceduresi: siet1brith _herein and other such revisions may be made as:a written: amendment to this Agreement executed by.:both the parties The Mayor or the Mayor's designee :is authorized. to make modifications to this Aul=1i nit W5 uOutlueW (torero on: benalr of the County, The Office of, the::inspector General shall have the power to analyze the need for, and the reasonableness'of proposed modifications to this Agreement. D. Counterparts. This Agreement is executed in three (3) counterparts, and each counterpart.shall constitute an original of this Agreement:. E. Headings, Use of Singular. and Gender. Paragraph headings are for convenience only. and are not to expand < or.restrict. the scope or substance of. the provisions of this Agreement. Wheeever used herein, the singular shall include the plural and `plural shall include the singular;' and pronouns shall -be read as masculine, feminine, or neuter as the context requires. F. Review of this Agreement. Each party. hereto represents and warrants-that! they have consulted.with their own-:attorney concerning and participated In the drafting of each of the forms contained in this:Agreement..No inference, assumption, or presumption shall be drawn from the fact that one party -:or its attorney prepared this Agreement, it shall be conclusively' presumed that each part participated in the: preparation and drafting of. this Agreement: 6 1 G. Totality::o.f Agreement / S:everabiii.ty_ of Provisions, This Agreement and Attachments, with it recitals: on the first page of the A greement. and with its .attachments :as referenced:beiow contain all the terms and conditions agreed upon by the parties: Attachment.A: Scope of Services. Attachment B::Budget Attachment C: Collusion. Affidavit Attachment D: Miam! -Dade County Affidavits Attachment E: State Public Entities Crime Affidavit Attachment F:Monthly Payment Request Attachment G: Monthly Progress Report Attachment H: Final Year -End Closeout Report Page 21 of 23 a. r.; t i. . t. . CB 13 -Si>,1 WCB Attachment I:List of Subcontractors and Suppliers. (NOTE_ A.ttactiment:t must <be egmpleted and included with this Agreement onlyif the.accompanying contract award totals.4109,000 or more.) Attachment. J;Authorized Signature Form: No other Agreement; oral or otherwise, regarding the subiect matter of this Agreement shall be deemed to exist or bind any ofahe partles hereto.. ►f any provision of this Agreement Is held im'alld�ar void, the. remainder of: this Agreenent shall not:!be sffected thereby if :such remainder would then continue to confprm :to -the ;terms. and requirements of applicable: law and ordinance. SIGNATURES ON THE PO.LLOWING PAGE. Page 22 of 23 T r' i M • L �: 4i 0 13�SMIA"CB IN WITNESS WHEREOF, the parties have executed this. Agreement effective as of the contract date herein above set forth. Attest: .� . .� ✓`: Notary Public: Print Name: Maria M. Menendez Title: : R Corporate. Beal OR: Notary Seal /Stamp: x Aiiest; HARVEY RUVIN, Clerk Board:of County Commissioners By: Print Name: Page 23 of 23 �1, ATTACHMENT PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 57-104) j r .:Name of Organization :„ Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT to compliance with MiamkDade County Ordinance 97 -104, the Community Based Organization must submit the list'of first their subcontractors or sub - Consultants who will perform any part of the Scope of Services Wvrk, if this Agreement is for $100,000 or more, The. Community Based Organization must complete this information. If the Community Based Organization will not utilize :subcontractors; then the Community Based Organization must state "No subcontractors will. be.used do:not state "NIA ". NAME OF SUBCONTRACTOR OR SUB�CONsgLTANT ADDRESS. {{ CITY AND.STATE REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT in compliance with'Miami -Dade. County Ordinance 97-104, the Community Based Organization Ar must submit a list of suppliers who will supply materials for •the Scope of Services to the r Community Based Organization, if this Contract Agreement is $100,000 or more. The Community Based Organization must fill:-out this information. If the Community Based. :Organization. will not use suppliers, the Community ,Based Organization must state "No suppliers will; be 'used' , do not state "NW, NAME.-taF`SVPPUER. AN6 t il.SPCl - t:::Q......... . 1 hereby certify that the foregoing information is true; M.fp0qi and completer Signature of Authorized' Representative:.. .. Title: +w � Date: l (i2 a: Firm Name. � F Fed 1D 1Vo { ( UU t t Address: City /Sfate/Zrpf�`'� I-tn a.� tT 3 31 q 3 Telephone , *W Fax ? at*, i 'v Page 1 of 1 @ 44 N & City of South. Miami AfterSchool House Program Miami -Dade County October 1, 2012 - September 30,- 2013 DIRECT COSTS Personnel: Salaries Teachers /instructors :(:$26;775): -These line _items. represent`the salaries of three.:(3) part -time instructors: These Instructors . will dedicate 100 % of their time to students enrolled in the After- school House Program., These instructors will provide tutorl.ng and homework:_ assistance for..chiidren participating in, the: program. Grant funds are peinq charcied 100 %'of these positions' salaries for the_period of.18 =. 25 weeks; depending-on; he hours worked per :week. After County funds. are emended;. the City of South Miami v�rill continue to_pay:foe:heir:salaries until tile pcogram. is- completed. r. Page 1 of 1 TOTAL AWARD.: 0 3 ' 3 f t a is .City of South:Miam:i l South .Miami "Serildr Meats Grogram r. Miami -Dade County" October 1.,:2012 September 30, 2013 DIRECT COSTS '4 " :Contractual Services, Senior Meals ($18,400.00)~: Beginning December 7, 2012 -- September 30, :2013, The City of :Miami: Parks and 4 Recreation Senior Program "will" provide two (2) prepackaged meals {cantina - style) o sixty - three (63) residents at the HUD.Senlor Center:every Friday.. The: program will.;provide" 126 meals: per week (one meal for Saturday and Sunday) for participants.in the program. In total;. the: program will provide 126 :meals to 63 seniors (residents)-at the HUD Senior :Center:every Friday4or43. weeks; which totals 541"B meals during the contract period. TOTAL AWARD: $18,40 0 3 i t f `j A Page 1 of 1 6., 2, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (Country Ordinance Not 90 -1.33, amending Section 2.8- 1(d)(2) of the Miaml -Dade County Code) The following Information is for compliance with all Items: In the aforementioned Sectiont 1 Does your firm have a collective bprgalning ogreetnentwtth.lts employees? _ Yes No .L. 2. Does your firm provide paid health care benefits for its employees? Yes :No . 3. Provide a. current breakdown (number of persons) In your firm's work force indkoting..race, notlonal:orlgin:and gender.: T Total Employees I M/ dMLnAnp rntimTYFMD►AvAAchorr►a'tin coc7ix1noverArc�rn- riEh;'%A :rer,ii �. _. .. .... ..-,. .,n «... r..v..- ,...F« -.. v.vx•L/1MF�.LH aU avnrawev r$ncfign.2.$,t :_9(hl of MA Mjrvtrnt_ nnd" w,niy Cot4m All .persons and entities that contract with Miami•Dade County are required to certify that they.wtll iiialntali,. a drug -free workplace and such persons and entities are requlred to provide notice. to employees and:to lmpose"sandions for drug violations occurring in the workplace. In compliance with Ordinance No. 92 -15 of the Code of Miami -Dode County, the above:named firm is providing a drug -free workplace. A written statement to each employee shall inform the employee about, 1. Danger of drug abuse in the workplace " 2. The firms' policy of maintaining a drug -free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs A, Penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug -free workplace policy and notify the employer of any criminal drug conviction occurring. no later than flva"(5) days .after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including .termination. . Hrms may also comply with the County's Drug Free Workplace Certification where a person or entity Is required to have a drug -free " workplacepolicy by:another local, state or federal agency, or maintains such a policy of Its own accord and such:pollcy meets the Intent of this ordinance: 4. MJAMI>DADE COUNTY.DISARII.ITYAND NONDISCR/MINAPON.AFFIDAVIT (Article 1, Sectlon.2- 8.1,5- Resolution Ri 82 -00 :Amending R- 385 »95 of the laml -Dade County Code) Firms transacting business with Miami -Dade County shall provide an affidavit Indicating compliance with all requirements of the Americans with Disabilities Act (A.D,A.). 1, state that this firm, is in compliance with: and agrees to continue to comply wlih, and assure, that any subcontrv(dot, or third party contractor shall comply with all: applicable requirements of the laws Including, but not limited to, - those :provlsbns. pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The. American with Disabilities Act of T990 (A.D. A.), Pub. L 101 -336, 104 StoC3271: 42 U :S.C.:Socttons 225: and 611 including Titles 1, 11, 111, iV and V. The RehabIlitailon Act of 1973; 29 U.S.C. Section-794 The Federal TransitAct, as amended, 49 U S.C. Section 1612 The FairHoustng Act as amended,42:U :S.C..Sk1lbn 3601 -3631 Section 2- 10.4(4).(4) 7' of the Cede.of Miami -Dade County (Ordinance No. 82 -37)1"which requires that all properly: licensed architectural, engineering, land scope, architectural, and land surveyors have an affirmative action plan on file with Miaml•Dode Courity. " Section 2 -8.1.5 of the Code of Miami -Dade County, which requires that firms . that have annual gross revenues in excess of five (5) million dollars have on affirmative action plan and procurement policy on file with Miami -Dade County. Firms that have a Board of Directors that are representative of the population make -up of the nation may be exempt. 9/28/2011 Pagel i• E r e, R G, �, ATTACHMENT A (A) MIAMI -DARE COUNTY OFFICE OF MANAGEMENT AND BUDGET GRANTS COORDINATION SCOPE OF SERVICE NARRATIVE SECTION I: GENERAL INFORMATION Name::of Organization: City of .South Miami . Parks and Recreation Department Address; 6130 Sunset Drives Sodth Miami Florida 33143. pill Program Contact f?ersahF . Jtnafer E Korlh. Grants acid SustairiaiiCe.tnttfatiyea Admiriisttaior Phone Number: 305- 668 -2514 Fax Number: 305 - 66:3 =0345 E -mail Address: i4rth4§puthmiamifl.gov Fiscal Contact Person::Alfredd:Riveroi, CFO Phone:Number; 305 - 663 =6343 Fax Number: 305- 668 -7388 E-mail- ddress::: ariverolasouthmiamifl;gov Contract Amount: 118,400 Contract Period: October 1, 2012 - September 30, 2013 SECTION It: PROGRAM NARRATIVE Descriptive Program Name:.South Miami Senior Meals Program. Describe the program .goals: family income level that are 60:years and older. Describe the program and services and.how:program funding will be used: Miami. SECTION III: PROPILE OF SERVICES Annual workibad measures for each.type. of service to be provided including the number of clients to be served1n the program) (i.e., 3 hours of after school .care for twenty4lve (25) children ages 5 - 10,; one home delivered meal for 50 seniors every day (18,250 meals)]: Page 1 of 2 Ii I i { The ..Sbflbr :MaaIs - .Pro" ra" rh.:will 6mvide osifive soobls. cuitu .at educattondh. id reorgoo ,tal c ` ortctntfies residlri` In `tha`Git . sz South: Ili�arnl: In :additron .:the ra ram:rni li create a .orsertiors heal eliVlri rtt e . t for pmr senlors :° q ulatibn b : enopura = ii, h .sicai :aG iyit es .. and -° r..vidi nutria o , `i ' eale :vahich:vdi °tead':tia a h althiec` li%' ' le for the: #ar eted uiafics'ri: Services :will` be rovided.ta resident t ti e:: UL� .Senior Gen. 01" r artt:o ants r . ardless of 'race yell to ender or family income level that are 60:years and older. Describe the program and services and.how:program funding will be used: Miami. SECTION III: PROPILE OF SERVICES Annual workibad measures for each.type. of service to be provided including the number of clients to be served1n the program) (i.e., 3 hours of after school .care for twenty4lve (25) children ages 5 - 10,; one home delivered meal for 50 seniors every day (18,250 meals)]: Page 1 of 2 Ii I i { j s r LC. c.% a 0. T. Q M N 0 RU Q Q i' 1' I. N ca a �lir' 9tei IN, s: q]pkM +y� 41T tJ I? IT, fit.. }1 . S IT ti ' SF�Pc X4. 1 k 4. pf `i' : }> ISI.'y . p { 3. nc �F1!K. yy /22�� it : Q �tl i''.iS �z lP3[I.! � {✓ •.l ' {•0.t �� ' 5y�° i tZ . /y yyj�.�yj !.i' IL11 IM .O HIPPI .++ :mar vi. JAI USX EU 0. 'G :r.: <t: 0. T. Q M N 0 RU Q Q i' 1' I. N ca a e: 5j ATTACHMENT A (A). �:. e .Unit :Cost (Define the unit(s) of service and detail the.:unit cost(s). for the service): Location of Service Site(s).-.and Hours of Service at each Site: (List all sites iiicludipg the physical street address with zip codes and the hours of operation for. each site please c{ual7tify _arid ;note tiefrarrte forc4mplo after school tutoring program will. increase. their pre and post- testing during the contractyearDe 4' meaasure le and specific program objectives. 3h` at b dive [i e.,75 %0 of:children attending gore iay:a full letter grade as measured by ` " ` els. 9t�a of the der: eiivtded which : will. be measured by the, type of menu provided: i3 %. i5f'tiie tilde i artiol °r ots :will: i5:e sat sd6t with.:the : services.:. o -.'ded': wtiict :wiil. be measured by surveys. SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your_ organization wiff do outreach and. public awareness of program activities; Public nts Will n-06. during ..televised City _.Commission meetin s: ;:and on ihe`:C't 's Web SECTION Vl::::PERSONNEL understand Ghat while: this. information represents a performance projection, I must receive.:approvai from the Office of Management and Budget prior to any operational or performance variations. Page 2:of 2 9L ?OV a, l i.` 4 e: 5j ATTACHMENT A (A). �:. e .Unit :Cost (Define the unit(s) of service and detail the.:unit cost(s). for the service): Location of Service Site(s).-.and Hours of Service at each Site: (List all sites iiicludipg the physical street address with zip codes and the hours of operation for. each site please c{ual7tify _arid ;note tiefrarrte forc4mplo after school tutoring program will. increase. their pre and post- testing during the contractyearDe 4' meaasure le and specific program objectives. 3h` at b dive [i e.,75 %0 of:children attending gore iay:a full letter grade as measured by ` " ` els. 9t�a of the der: eiivtded which : will. be measured by the, type of menu provided: i3 %. i5f'tiie tilde i artiol °r ots :will: i5:e sat sd6t with.:the : services.:. o -.'ded': wtiict :wiil. be measured by surveys. SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your_ organization wiff do outreach and. public awareness of program activities; Public nts Will n-06. during ..televised City _.Commission meetin s: ;:and on ihe`:C't 's Web SECTION Vl::::PERSONNEL understand Ghat while: this. information represents a performance projection, I must receive.:approvai from the Office of Management and Budget prior to any operational or performance variations. Page 2:of 2 9L ?OV a, l i.` M � ii•3 E. person who has beery convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 50 1 understand that a "person" as defined 'in Paragraph 287.133(1:)(e), Florida. Statutes, :means any .natural person or entity organized under the laws of any state or of the .United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity, The term "person" includes those officers, executives, partners, shareholders, employees, members,_ and. agents who are active in management of amentity, 6, Based on information and belief, the statement, which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please `indicate Which statement app.) . ' Neither the entity submitting this sworn statement,. nor any of its officers, directors, eXecutives, .partners, shareholders, employees; members, or agents who :are active in the :management of the entity, nor any affiliate of the entity has been charged with^ and: convicted of a public entity crime subsequent to July 1, 1989, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who: are active in the.rnanagement of the entity, nor any affiliate of the entity has been charged with, and convicted of a public entity crime subsequent to July` 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of they State of :Florida, Division of Administrative Hearings aria the Final Order entered by the Hearing Officer determined that it was not in the public' interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy °of the final order)'. I UNDERSTAND THAT THE SUBMISSION. OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH :1 (ONE):ABOViE. is FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM 1S VALID THROUGH DECEMBER:31 OF THE CALENDAR: YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM: REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT :IN iEXCESS OF THE: THRESHOLD AMOUNT PROVIDED IN ' E"x - 287,017 FLORIDA: STATUTES FOR CATEGORY TW0 OF.ANY CHANG INFORMATI.ON:CONTAINED IN THIS FORM. Sworn to and subscribed before me 1 Personally know OR Produced Identification.. day. Notary Public - State of My commission expires . (Type of Identification) f F 1 l' . i n ATTACHMENT A (B) 61 N� Unit Cost (Define the unit(s) of service and detail the unit costs) :for the service): Th&.0 lt: 6dtJ6.beNd two hOndred ariicJ ant :. 200 . is $133M., Location :of Service Site(s) and Hours of, Service at each Site: (List all sites including the physical street address with zip codes and the hours of operation for each site): SECTION =IV: STATEMENT OF:-OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for comp{etion of each objective {i.e.,75 %0 of children . attending after school tutoring program will indrease their reading score by a full letter grade as measured by pre and post - testing during the contract year)). al SECTI(O.N Ve ORGANIZATIONAL SUPPORT ACTIVITIES_ Describe how your organization will do outreach, and public awareness of program activities: SECTION VI: PERSONNEL understand that while this information represents a performance projection, I must receive approval from the Office of Management and Budget — Grants Coordination prior to any operational or performance variations. 4i 4 ..__ur$a`nd Title of Person-Go mpleting Form 0,�k5 � GYe�. +ori Page 2of2 i. t. 7r 3 t I i i' E CA.,NOTE: CLS 09110 (rev. 11116109) Page 2 of .2 CoantylDepertment Use Only CONTRACTS & GRANTS MANAGEMENT UNIT SECTION AL c. BGc. .: Ell SSc. OTHERc AF c CP c�� Mt c TB c OTHER c AN o DD c NR c YM c .,, OTHHR.c DG c , . SJ c. OTHER c .OTHER -o, CA.,NOTE: CLS 09110 (rev. 11116109) Page 2 of .2 t s i. f' j� 1: j i. I t s s R1 0 AUTHORIZATION I hereby ceriilyahat this expense.report submiftdr by the undersigned constitulzs approved budget expenses daring the period Ilsted above, and that no expenses for which reimbursement is requested has been or will be relmbuoied by. any other Aindingsourecs.. Executive Director! Agency Designee Print Name C.O. NOTE: FISCAL PREPARED BY,; DATE: FISCAL APPROVED BY: Executive. Director I Agency Designee 819miture December 10, 2012 Deie DATE, AMC f i j CB (rev. i t /10109) Page 2 of 2 G t 6 M M AFFIRMATION . 1, being duly sworn, do attest under penalty of perjury that the entity Is In compliance with all requirements outlined In these Mlaml -Dade County Vendor Affidavits. I also attest that t will comply with current::all statements sworn to'In the above afftdavlts and registration opplicatlon. I will notify the Miami -Dade County, Vendor " ces Section immediately if any of the statements attested hereto nre no.lonnPr vnIld- NOTARY PUBLIC INFORMATION Notary Yu611c Stole oft`IG!°fX itwa . State ,County of SUBSCRIBED AND SWORN TO: (or affirmed) before me this L� day ofc.,i yp t by - . f r she is . rsanatty (<r(owd olne Or "has produced identification, ❑ of Identification —µ� '(Serial Nomber.) Expiralion Vale Notary f ublic Seat (When applicable) 4/28/2011 G! i i r BID N4.: BID TITLE: SUBSCRIBED AND SWORN TO (or affirmed) before me this day:;.." SKe is lrsonaiJy ki�ojNn {opine or has presented as �dnGh t c .. v� 1 ype of identification /J i�n�' Mary SeneCNumber. � ' Expiration Date PPint'ot Stamp Name of Not p Notary Public — Stateia Notary Seal s 12 miamidade.gov July 25, 2012 Ms, Jennifer Korth Grants & Sustainable Initiatives Administrator City of South Miami 6130 Sunset Drive Miami, FL 33143 Fa Management and Budget Grants Coordination i 11 NW 1 st Street • 19th Floor Miami, Florida 33128 T305-375-4742 F305-3754049 bC. ISf~. a1...a.: LJUU.�.� IJaJtaiUUUVa1 t vl tt al[...L V1 Irk ne:.0 _ff a7111i1C 1►tlVeAt MUM n duct, P'PUWUI:W a_-. 4J�7 �+_. my I�VU[16�0 r... d_r 1'Uf1U�C.i ems__• C'fUtJ�`fe1[[Ds Dear Ms. Korth: On June 5, 2012 the Board of County Commissioners passed Resolution #R478A2, which prohibits Miami -Dade County from contracting with any food program that uses meat products that contain "pink slime " - low -grade beef trimmings commonly added to ground beef. The County took that action in response to customer concerns regarding possible health risks. To prevent a contractual compliance issue, now or in the future, the Office of Management and Budget - Grants Coordination (OMB -GC) is urging all its food distribution service providers and meal service providers that receive General Revenue funds to immediately discontinue using meat products that contain those low grade beef trimmings. We will contact you again once the County Attorney's staff determines the process that programs must follow to confirm that they are not using "pink slime" in the food or meals that they distribute. You may obtain an electronic copy of Resolution #R478 -12 at the following Web address: http: / /www, miamidade. aov/ govaction/ iegistarrilesIMinMatters N20121120798min.odf. Please contact Felipe M. Rivero, 111, Administrator of our Contracts and Grants Section, at (305) 375 -4765 if you have any questions regarding this requirement. Sincerely, Daniel T. Wall Assistant Director Office of Management and Budget c: Philip K. Stoddard, Mayor m u, U Senior Center remodeling project scheduled to start mid - January 2013. Developer: ■ The remodeling of the center is being done. to make it handicap accessible and more updated. ■ Seventeen seniors will be moved one floor at a time for an estimated time of 45 to 60 days. ■ The seniors will be relocated at the Best Miami Hotel located in 5959 SW 71 St, in South Miami. ■ Two months rental will be waived. ■ Storage and moving accommodation will be provided. ■ Dinner will be provided and will take place. at the hotel every night. Please note that this living arrangement could take 45 to 60 days for each floor m MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matt er of (_ITV C)F SOI ITH (,MANAI PUBLIC HEARING - MARCH 19, 2013 in the XXXX Court, was published in said newspaper in the issues of 03/08/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, !:gpate, co r geieq or refund for the purpose of securing t adve m' ent forlpublication in the said Sworn to and subscribgijd fate me this (SEA(,� ��1jRY PVai� MARIA MESA Notary Public - State of Florida O.V. 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