Res No 058-12-13615RESOLUTION NO. 58-12-13615
A Resolution authorizing the City Manager to execute fiscal year 2012/2013
grant agreement with Miami -Dade County for the South Miami A -Form
Interface Contract for the purchase and installation of software for the
Miami -Dade County Association of Chiefs of Police (MDCACP) Countywide
Prisoner Processing Project.
WHEREAS, the County has been awarded federal funds from the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program - American Recovery and Reinvestment Act
of 2009 (the "ACT "); and
WHEREAS, Miami -Dade County entered into a contract with IT vendor, Thinkstream to
develop the automated A -Form Automation Solution; and
WHEREAS, the City of South Miami will provide technology development and
integration services for the MDCACP Countywide Prisoner Processing Project; and
WHEREAS, the City of South Miami has a grant award for the purchase and installation
of software for the Police Department in the amount of $11,364 from Miami -Dade County; and
WHEREAS, the City of South Miami shall maintain sufficient financial resources to
meet the expenses incurred during the period between the provision of services and payment by
the County; however a Cash Match is not required for this grant term; and
WHEREAS, the Mayor and the City Commission wish to accept the grant agreement
with Miami -Dade County for the South Miami A -Form Interface Contract with an effective term
from March 2, 2012 to February 28, 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 execute the grant agreement with
Miami -Dade County for the Edward Byrne Memorial Justice Assistance Grant for the purchase
and installation of software for the Miami -Dade County Association of Chiefs of Police
(MDCACP) Countywide Prisoner Processing Project in the amount of $11,364. The grant
agreement is attached to this resolution.
Section 2: This resolution shall be effective immediately after the adoption hereof.
Res. No. 58 -12 -13615
PASSED AND ADOPTED this 20th, day of March , 2012.
ATTEST:
READ A irAPPROVED AS TO FORM
LA E, LEGALIT
ECUT'I N THEREO ,
2
APPROVED:
Commission Vote: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Harris: Yea
Commissioner Newman: Yea
Commissioner Welsh: Yea
TO:
FROM:
DATE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Hector Mirabile, Ph.D., City Manager
March 20, 2012
South Miami
All- AmedcaCity
2001
SUBJECT: Resolution authorizing the City Manager to execute fiscal year 2012/2013 grant
agreement with Miami -Dade County for the South Miami A -Form Interface
Contract for the purchase and installation of software for the Miami -Dade County
Association of Chiefs of Police (MDCACP) Countywide Prisoner Processing
Project.
BACKGROUND: The objective of the MDCACP Countywide Prisoner Processing Project is to
expedite the booking process by having arrest information available at
correction /detention facilities by the time the officer arrives with the arrestee by
automating the arrest affidavit (A -Form) for those agencies that utilize a paper
arrest affidavit or by collection data from existing automated solutions. By storing
all arrest information in a central repository, data sharing and investigative analysis
of arrest information will be facilitated.
The automated A-Form application will allow law enforcement officers (LEO) to
enter arrest information in on -line and off -line modes from a mobile or desktop
environment, This IT solution will significantly improve the quality of arrest data
and its maintenance operational efficiencies related to arrest data usage and
accessibility, response times by LEO, data sharing capabilities, and community
patrol visibility. Successful implementation of the automated A -Form solution will
bring a multitude of benefits to the entire MDC criminal justice community and
also provide a model for replication to all law enforcement agencies across the
State and the nation. The contract for the development and implementation of
this project was awarded to Thinkstream.
The City of South Miami having its own automated Records Management System
(RMS) has chosen to engage their RMS vendor to develop program code in
support of an interface between the Thinkstream A -Form Automation Solution
and the existing RMS for arrest and statute information.
GRANTOR: Miami -Dade County through its Office of Management and Budget
GRANT AMOUNT: $119364,00
GRANT PERIOD: May 2, 2012 through February 28, 2013
ATTACHMENTS: Miami -Dade County FY 2012/2013 South Miami A -Form Interface Contract
MIAMI =DADE COUNTY
CONTRACT
This Contract, made this 7 day of ZZ /'p 2012, by and between
Miami -Dade County, a political subdivision of the State of Florida (the "County ") through its
Office of Management and Budget (the "Department "), located at 111 N.W. First Street, 19`"
Floor Miami, FL 33128, and the CITY of SOUTH MIAMI located in Miami -Dade County,
Florida (the "Provider "). This Contract provides the terms and conditions pursuant to which.the
Provider shall provide services toward the Miami -Dade County Association of Chiefs of
Police (MDCACP) Countywide Prisoner Processing Project
WHEREAS, the County has been awarded federal funds from the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program — American Recovery and Reinvestment Act
of 2009 (the "ACT "); and
WHEREAS, the .Provider warrants and represents that it possesses the legal
authority to enter into this Contract by way of resolution, motion or similar action that has been
duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami -Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting the services provided by the
MDCACP Countywide Prisoner Processing Project by providing the federal funds awarded to
Miami -Dade County to the MDCACP Countywide Prisoner Processing Project; and
WHEREAS, the County as contractor /grantee for the State of Florida is authorized to
purchase said services for the MDCACP Countywide Prisoner Processing Project as an
allowable activity under the ACT; and
WHEREAS, the CITY of SOUTH MIAMI will provide technology development and
integration services for the MDCACP Countywide Prisoner Processing Project; and
WHEREAS, the County requires the above - mentioned services from the Provider in
order to fulfill its contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $11,364
Page I of 14
. Both
parties agree that
should available County
funding be
reduced, the amount payable
under
this Contract may be
proportionately reduced
at the option
of the County.
Ii. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachments A and A 1
III. EFFECTIVE TERM. The effective term of this Contract shall be from March 2, 2012 to
February 28, 2013,
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County; however a Cash Match is not required for this grant term.
V. REQUIREMENTS RELATED TO USE OF AN ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide, by all
of the requirements of the American Recovery and Reinvestment Act of 2009 under the Drug
Control and System Improvement Formula Grant Program, including Rule Chapter 11 D -9 of
the Florida Administrative Code, as well as the Florida Department of Law Enforcement,
Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice
Assistance Grant Program Application for Funding Assistance and all laws,_ rules, regulations
relating thereto which are incorporated herein by reference as if fully set forth. Furthermore, the
Provider is subject to all applicable rules, regulations, and conditions as contained in the
Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice
Programs, Common Rule for State and Local Governments and A -87, or OMB Circulars A -110
or A -102, as applicable, and A -21, in their entirety. The Provider is also subject to such further
rules, regulations and policies as. may be reasonably prescribed by the State or Federal
Government consistent with the purposes and authorization of Public Law 90 -351, as amended,
and Public Law 100 -690.
B. Supplanting. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 11 D -9, Florida Administrative .
Code.
Vi. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses 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 kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
Page 2 of 14
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate 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's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract. Nothing herein shall be construed to extend any party's liability
beyond that provided in section 768.28, Florida Statutes.
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing services for the MDCACP Countywide Prisoner Processing Project
shall have appropriate licenses, training and experience in the field in which he /she practices
and abide by all applicable State and Federal laws and regulations and ethical standards
consistent with those established for his /her profession. Ignorance on the part of the Provider
shall in no way relieve it from any of its responsibilities in this regard.
XI. CONFLICT OF INTEREST, The Provider agrees to abide by and be governed by Miami -
Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et
seq. of the Code of Miami -Dade County), as amended, which is incorporated herein by
reference as if fully set forth herein, in connection with its Contract obligations hereunder.
Nepotism. Notwithstanding the aforementioned provision, no relative of any officer,
board of director, manager, or supervisor employed by the Provider shall be employed by the
Provider unless the employment preceded the execution of this Contract by one (1) year. No
family member of any employee may be employed by the Provider if the family member is to be
employed in a direct supervisory or administrative relationship either supervisory or subordinate
to the employee. The assignment of family members in the same organizational unit shall be
discouraged. A conflict of interest in employment arises whenever an individual would otherwise
have the responsibility to make, or participate actively in making decisions or recommendations
relating to the employment status of another individual if the two individuals (herein sometimes
called "related individuals ") have one of the following relationships:
1. By blood or adoption: Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece; .
2. By marriage: Current or former spouse, brother- or sister -in -law, father- or mother -in-
law, son- or daughter -in -law, step - parent, or step- child; or
3. Other relationship: A current or former relationship, occurring outside the work setting
that would make it difficult for the individual with the responsibility. to make a decision or
recommendation to be objective, or that would create the appearance that such individual could
not be objective. Examples include, but are not limited to, personal relationships and significant
business relationships.
For purposes of this section, decisions or recommendations related to employment status
include decisions related to hiring, salary, working conditions, working responsibilities,
evaluation, promotion, and termination.
Page 3 of 14
An individual, however, is not deemed to make or actively participate in making decisions or
recommendations if that individual's participation is limited to routine approvals and the
individual plays no role involving the exercise of any discretion in the decision - making
processes. If any question arises whether an individual's participation is greater than is
permitted by this paragraph, the matter shall be immediately referred to the Miami -Dade County
Commission on Ethics and Public Trust.
This section applies to both full -time and part -time employees and voting members of the
Provider's Board of Directors.
No person, including but not limited to any officer, 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 Contract, has at the time this Contract is
entered into, or shall have during the term of this Contract, received any of the services, or
direct or instruct any employee under their supervision to provide such services as described in
the Contract. Notwithstanding the before mentioned provision, any officer, board of directors,
manager or supervisor employed by the Provider, who is eligible to receive, any of the services
described herein may utilize such services if he or she can demonstrate that he or she does not
have direct supervisory responsibility over the Provider's employee(s) or service program.
XII. 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; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. §12103 et seq., which prohibits discrimination in employment and
accommodation because of disability. .
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair
Housing Act, 42 U.S.C. §3601 et seq. 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 County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the 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 was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence. Leave Ordinance,
codified as § 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami -Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
Page 4 of 14
XIII. NOTICES. Notice under this Contract shall
personally or sent by mail or by facsimile to the
other address as either party may specify:
If to the COUNTY:
If to the PROVIDER:
be sufficient if made in writing and delivered
parties at the following addresses or to such
Miami -Dade County
Office of Management and Budget
111 NW First St. 19t' Floor
Miami, Florida 33128
Attention: Ms. Michaela Doherty
South Miami Police Department
6130 Sunset Drive
South Miami, FL 33143
Attention: Chief Orlando Martinez de Castro
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no 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. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF CONTRACT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses. to allow the County to monitor,
evaluate and review the Provider's. program;. (6) the Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment E); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -
Dade County Affidavits (Attachment E); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) . 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 not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. County Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
Page 5 of 14
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. In the event of termination, the County may: (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 Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (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, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the 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 in part under 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 suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct.and indirect costs associated with such enforcement, including, attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or^ indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Mayor or Mayor's designee is authorized to terminate this Contract
on behalf of the County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, 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 Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least thirty (30) days prior to the effective date of such termination. The County Mayor or
Mayor's designee is authorized to terminate this Contract on behalf of the County.
Page 6 of 14
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. 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.
A. Budget Variance. Funds may be shifted between approved line items, not to
exceed ten percent (10 %) of the total budget, without a written amendment upon the County's
approval Variances greater than ten percent (10 %) in any approved line item shall require a
written amendment approved by the Department.
B. Payment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B). The Provider agrees to invoice the County for
all services related to the MDCACP Countywide Prisoner Processing Project using the .
Expenditure Report and time sheet as it appears in Attachment D, and to do so on a monthly
basis, as stated in Section XIX(B)(1). The final Expenditure Report shall be submitted no later
than March 15, 2013. The Provider agrees to submit a Quarterly Project Performance Report in
a manner in accordance with the form provided in Attachment C. The final Quarterly Project
Performance Report shall be submitted no Later than March 5, 2013.
C. The Provider agrees to mail all Monthly Expenditure Reports with supporting
documentation and Quarterly Project Performance Reports to the address listed above in
Section XI I L
D. The County agrees to review the Monthly Expenditure Reports and Quarterly
Project Performance Reports and to inform the Provider of any questions. Payments shall be
mailed to the Provider by the County's Finance Department.
XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Property. The Provider will comply with any applicable laws,
regulations and rules concerning property. The Provider is required to be prudent in the
acquisition and management of property with federal funds. Expenditure of funds for the
acquisition of new property, when suitable property required for the successful execution of
projects is already available within the Provider organization, will be considered an unnecessary
expenditure.
B. Screening. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
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property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing
or repairing any property which is willfully or negligently lost, stolen, damaged or destroyed.
Any loss, damage, or theft of the property must be investigated and fully documented and made
part of the official project records.
D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Management. The . Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of. property, serial number or other identification number, source of the property, identification of
Who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date of disposal and sale price; 2) a physical inventory of the
property must be taken and the results reconciled with the property records at least once every
two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss,
damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider
as appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell, the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of three (3) years from the
date of the disposition or replacement or transfer at the discretion of the County. If any
litigation, claim, or audit is started before the expiration of the three -year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES.
The Provider shall keep records of program services in sufficient detail to provide. any reports
that may be requested by the County.
A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Contract. In accordance with contract requirements
from the State of Florida, records for the MDCACP Countywide Prisoner Processing Project
services must reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates
of services
and activities and
the names
of program
participants
in attendance
to such as described
in Attachment
A.
4. The records of all other program services provided under this Contract.
Page 8 of 14
1 11
B. Reporting Requirements,
1. Quarterly Proiect Performance Report. The Provider shall submit the
Quarterly Project Performance Report to the Office of Management and Budget by, *April 5,
July 5 and October 5, 2012, January 5, and *March 5, 2013 covering the Contract activity for
the previous quarter. The Quarterly Project Performance Report shall be submitted in the
format and using the form attached hereto as Attachment C. ( *Partial quarter)
2. Monthly Expenditure Report. The Provider shall submit the Monthly
Expenditure Report and Invoice to the Office of Management and Budget by, April 15, May 15,
June 15, July 15, August 15, September 15, October 15, November 15 and December 15,
2012, January 15, February 15 and March 15, 2013 covering the expenditures to be reimbursed
for the previous month. The Monthly Expenditure Report shall be submitted in the format and
using the form attached hereto as Attachment D.
3. Other Required Reports. The Provider shall submit other reports as may
be required by the Office of Management and Budget during the program year.
C. Changes to Reporting Requirements. The Provider understands that the
County may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Contract. The Provider shall provide assistance as may be
necessary to facilitate a financial /program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount.
The Miami -Dade County Inspector
present and proposed, County and
accounts, records, and programs.
subpoena witness, administer oath.c
projects and programs. Monitoring
concerning whether the project is
specifications and applicable law.
General is authorized and empowered to review past,
Public Health Trust Programs, contracts, transactions,
In addition, the Inspector General has the power to
require the .production of records and monitor existing
of an existing project or program may include a report
on time, within budget and in compliance with plans,
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
Page 9 of 14
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to
ensure compliance with contract specifications and to detect fraud and corruption
Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project - related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back- charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract:
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties. .
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami -
Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available.to the IPSIG retained by the County, all requested records and documentation
pertaining to this Contract for inspection and copying. The County shall be responsible for the
payment of these IPSIG services, and under no circumstances shall the Provider's budget and
any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, and Office of Criminal Justice Grants. This
participation shall at a minimum include access to the Provider's premises and records.
Page 10 of 14
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities,4 employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
D. Double Payments. Provider costs claimed under this Contract may not also
be claimed under another contract or grant from the County or any other agency.
Any claim for double payment by Provider shall be considered a material breach
of this Contract.
XXI. MISCELLANEOUS.
A. Contract, This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein; no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that
the County may effect amendments to this Contract without the written consent of the Provider,
to conform this Contract to changes in the laws, directives, guidelines, and objectives of
County, State and Federal Governments.
Any alterations, variations, amendments, or other modifications of this Contract, 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 both parties and attached to the original of this
Contract.
In the event the COUNTY determines that a reduction in the PROVIDER'S budget is necessary,
the COUNTY shall notify the PROVIDER in writing within thirty (30) days of said reduction
decision. Budget adjustments shall be at the County's sole discretion.
Budget revision requests must be submitted in writing by the Provider to the Office of
Management and Budget (OMB). Budget revision requests will be effective upon the date of
written approval by the State of Florida Department of Law Enforcement.
C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
Page 11 of 14
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade County, Florida.
E. Publicity. It is understood and agreed between the parties hereto that this
Provider is funded by Miami -Dade County. Further,. by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported. by a grant awarded to the Miami -Dade County
Office of Management and Budget (OMB), the Florida Department of Law
Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice
Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider intends to use subcontractors to provide the services
listed in the Scope of Services (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 F. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment F without prior written approval of the County.
G. Review of this Contract. Each party hereto represents and warrants that they
have consulted with their own attorney concerning each of the terms contained in this Contract.
No inference, assumption, or presumption shall be drawn from the fact that one party or its
attorney prepared this Contract. It shall be conclusively presumed that each party participated
in the preparation and drafting of this Contract.
H. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever 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.
I. Total of Contract /Severability of Provisions. This fourteen (14) page Contract
with its recitals on the first page of the Contract and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment
A:
Attachment
Al
Attachment
B:
Attachment
C:
Attachment
D:
Scope of Services
A -Form XML Description
Budget
Quarterly Project Performance Report
Monthly Expenditure Report
Page 12 of 14
Attachment
E:
Attachment
E1:
Attachment
E2:
Attachment
E3:
Attachment
F:
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
INTENTIONALLY LEFT BLANK
Page 13 of 14
It
IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of
its Attachments, to be executed by their respective and duly authorized officers, the day and
year first above written.
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ATTEST:
Maria M. Menendez
ATTEST:
HARVEY RUVI
By:
UTY CLERK
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Page 14 of 14
(Corporate Seal)
MIAMI -DADE COUNTY, FLORIDA
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