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Res No 014-10-13048RESOLUTION NO.: 14 -10 -13048 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF GRANTS COORDINATION FOR SOCIAL SERVICES, WHICH CONSIST OF AFTER SCHOOL HOUSE TUTORING AND SENIOR MEALS PROGRAMMING IN THE AMOUNT OF $45,175.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami is being awarded a grant with Miami -Dade County's Office of Grants Coordination for After School House Tutoring and Senior Meals Programming in the amount of $45,175.00; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami -Dade County's Office of Grants Coordination for After School House Tutoring and Senior Meals Programming in the amount of $45,175.00; and WHEREAS, the Acting City Manager is authorized to execute the grant agreement with Miami -Dade County's Office of Grants Coordination for After School House Tutoring and Senior Meals Programming in the amount of $45,175.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the grant agreement with Miami -Dade County's Office of Grants Coordination for After School House and Senior Meals Programming in the amount of $45,175.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 14th day of January, 2010. ATTEST: CITY CLERK READ APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea CITY ATTORNEY Commissioner Sellars: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To; Honorable Mayor Feliu, and Members of the City Commission Via: Roger M. Carlton, Acting City Manager - From: Date: Cesar Garcia, Parks & Recreation Director l November 20,2009 Agenda Item No.: South Miami 111jr 2007 Suhjeet: Authorizing City Manager to execute a Service Agreement with Miami -Dade County Office of Grant Coordination. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH WAW' FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE MIAMI -DADS COUNTY OFFICE OF GRANT COORDINATION FOR A GRANT IN THE TOTAL AMOUNT OF $45,175.00 FOR THE PROVISION. OF WEEKEND MEALS FOR SOUTH MIAMI SENIOR RESIDENTS AND FOR TUTORING SERVICES FOR THE CHILDREN OF OUR AFTER- SCHOOL PROGRAM; PROVIDING AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a fiscal year 2009 -2010 service agreement with Miami -Dade County Office of Grant Coordination. Reason/Need: At the September 17, 2003 Board of County Commissioners Budget Hearing, the City of South Miami was recommended to receive funding assistance from Miami -Dade County to provide meals to seniors at the South Miami Senior Center and to offer tutoring services for our After School Program. We have once again been awarded this same grant to cover the 2009 -2010 fiscal year, in the amount of $45,175 for both programs combined. ($18,400 for the South Miami Senior Meals Program and $26,775 for The After School House Tutoring Program. In order to receive the funding assistance, the City is required to execute a service agreement with the Miami -Dade County Office of Grant Coordination. The attached resolution would authorize the City Manager to execute the enclosed service agreement with the Miami -Dade County Office of Grant Coordination. This contract provides for the City of South Miami to receive an amount not to exceed $45,175. All of the funding received from Miami -Dade County will be used to pay a meal service vendor to provide the meals and the delivery of the meals for the seniors and to cover a portion of the salaries of the After School House Instructors. Cost: $ 0. No match is necessary to cover this grant. Funding Source: Miami -Dade County Office of Chant Coordination, Fiscal Year 2009 -2010. Backup Documentation: Proposed Resolution Cl Service Agreement with Miami -Dade County Office of Grant Coordination CB CAV-) 10- SMIA -CB FY 2009 -10 County General Funds Ordinance #9 -83 and 9 -85 AGREEMENT This Agreement made and entered into as of this day of rMizInf', by and between Miami -Dade County, a political subdivision of the State of lorida (h tereferred to as "County "), having its principal office at 111 N.W. 1S Stree , 19th Floo' i, Florida 33128 and City of South Miami, a corporation organized and existing 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 "Services ") for the County. WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Mayor or the Mayor's designee; and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability 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. 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 Miami -Dade County's Director of the Office of Grants Coordination ( "OGC ") or the Director's designee, or the duly authorized representative designated to 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. Page 1 of 23 149 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 satisfactory to, equal 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 modifications to the amount, type or value of the Work and Services as required in this Agreement, as directed and /or approved by the County. h) "HIPAA" means Health Insurance Portability and Accountability Act of 1996. The words "Scope of Services" shall mean the document appended hereto as Attachment A, which details the work to be performed by the Provider. j) The word "subcontractor" or "subconsultant" shall mean any person, entity, firm or corporation, other than the employees of the Provider, who furnishes labor and /or materials, in connection with the Work, whether directly or indirectly, on behalf and /or under the direction of the Provider and 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 this Agreement. "Service Authorization Agreement" (Attachment K) shall mean the previous Agreement signed by the Provider, which included initial draft Scope(s) of Service and Budget Documents. This Service Authorization Agreement was designed to allow for the continuity of services and for the payment of an advance to the Provider. Any funds that were forwarded under the Service Authorization Agreement shall be accounted for and subtracted from any funds due under this Contract. The terms of this executed Contract shall supersede the terms of the Service Authorization Agreement. ARTICLE 2. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: South Miami Senior Meals $15,400 The After School House (Tutoring) $26,775 The Provider acknowledges that the above amount reflects the original contract amount and that any funds paid out pursuant to the Service Authorization Agreement previously executed by the Provider shall be subtracted from the amount(s) above. Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the sole discretion and option of the County. Page 2 of 23 WE All services undertaken by the Provider before the County's execution of this Contract shall be at the Provider's risk and expense. 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 payment by the County. ARTICLE 3. SCOPE OF SERVICES The Provider shall render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider shall implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the County and Provider in writing. ARTICLE 4. BUDGET SUMMARY 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 may shift funds between existing line items: 1) without a budget revision, if the change to the line item does not exceed fifteen percent (15 %); 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 OGC, if the changes to a line 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 budget line item exceed fifteen (15) percent of that line item. The approved Budget Revision shall replace Attachment B in its entirety. In no event shall the budget include a line item for indirect costs in excess of fifteen percent (15 %) of the total budget. If the budget includes a line item for indirect costs of less than fifteen percent (15 %) of the total budget, then the Provider must clearly describe the line item in the budget narrative. The Provider may request a budget revision to amend the budget no more than twice during the term of this Agreement. A request for a budget revision must be submitted to OGC no later than forty -five (45) days prior to the expiration of this Agreement. ARTICLE 6. EFFECTIVE TERM Both parties agree that the effective term of this Agreement shall commence on October 1, 2009 and terminate at the close of business on September 30, 2010. ARTICLE 6. 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, 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 Page 3 of 23 WE of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity 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. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. All Other Providers. 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 Agreement by the Provider or its employees, agents, 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 Agreement 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. C. Term of Indemnification. The provisions of Article 6 shall survive the expiration or termination of this Contract. 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 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. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. The provider shall also furnish the County, upon request, written verification of Workers Compensation protection in accordance with Florida Statutes, Chapter 440. B. All Other Providers. 1. Minimum Insurance Requirements: Certificates of Insurance. The Provider shall submit to Miami -Dade County, c/o Office of Grants Coordination (OGC), 111 N.W. 1S` Street, 19th Floor, Miami, Florida 33128 -1994, original Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: Page 4 of 23 Wbi A. All insurance certificates must list the COUNTY as "Certificate Holder" in the following manner: Miami -Dade County 111 N.W. 1sr Street, Suite 2340 Miami, Florida 33128 B. Worker's Compensation Insurance for all employees of the SERVICE PROVIDER as required by Florida Statutes, Chapter 440. C. Commercial General Liability Insurance in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. D. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used in connection with the Work provided under this Agreement, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. *NOTE: For SERVICE PROVIDERS supplying vans or mini -buses with seating capacities of fifteen (15) passengers or more, the limit of liability required for Auto Liability is $500,000. E. Professional Liability Insurance in the name of the SERVICE PROVIDER, when applicable, in an amount not less than $250,000. F. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 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. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the COUNTY's Risk Management Division. ME The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance, and must be a member of the Florida Guaranty Fund. G. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the Certificate Holder. H. 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 WE The COUNTY reserves the right to inspect the SERVICE PROVIDER'S original insurance policies at any time during the term of this Agreement. J. 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. In the 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. K. 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 not replaced 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. ARTICLE 8. PROOF OF LICENSUREXERTIFICATION AND BACKGROUND SCREENING A. Licensure. If the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall maintain a copy of all required current licenses or certificates. This documentation should remain on file at the Provider agency and shall be made available to the County for on -site review and audit. Examples of services or operations requiring such licensure or certification include but are not limited to child care, day care, nursing homes, and boarding homes. If the Provider fails to furnish the County with the licenses or certificates requested under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within forty -five (45) days of the County's request may result in termination of this Agreement. B. Background Screening. In the event criminal background screening is required by law, the State of Florida and /or the County, only employees and subcontracted personnel with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) may work in direct contact with juveniles. Unless specifically requested by the County in writing, the Provider is not required to submit any background screening information to the County. This documentation should remain Page 6 of 23 14.1 on file at the Provider agency and shall be made available to the County for on -site review and audit. When applicable, if the Provider fails to furnish the County with proof of the satisfactory background screening required under this Article, the County shall not disburse any funds until the County is provided with documented proof that the required background screening was initiated. The County requires that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes and through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with juveniles. Pursuant to Section 985.01 2(a) Florida Statutes, "each contract entered into ... for services delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children... must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character..." In order to ensure this condition "(b) The Department of Juvenile Justice... shall require employment screening pursuant to chapter 435, using the level 2 standards set forth in that chapter for personnel in programs for children or youths." Pursuant to the above passages from Florida Statutes, it is required that all provider agency personnel working directly with children must have a completed Level 1 Screening response from the Florida Department of Law Enforcement that indicates that there has been no prior involvement in any of the disallowed conditions, before beginning work with client youths. Level 1 Screenings can be accomplished electronically on line with the Florida Department of Law Enforcement: www.fdle .state.fl.us /CriminalHistory /. In addition, recognizing that Level 2 Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving positive response /responses to any of the enumerated charges as defined in Level 1 and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level 1 was completed. If the Provider fails to furnish to the County proof that background screening Level 1 was completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. The County requires that only employees and subcontracted employees with a satisfactory background check as described in Section 435.03(3)(a), and through an appropriate screening agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in direct contact with the elderly, disabled and persons with mental illness, in settings such as but not limited to adult day care center, assisted living facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within thirty (30) days of execution of this contract, Provider shall furnish the County with proof that background screening was initiated /completed. If the Provider fails to furnish to the County proof that background screening was initiated within thirty (30) days of execution of this Page 7 of 23 31:3 contract, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. ARTICLE 9. CONFLICT OF INTEREST A. 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 al. 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. & No person under the employ of the COUNTY, who exercises any function or responsibilities in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. C. 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 Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, received any of the services, or direct or instruct any employee under their supervision to provide such services as described in the Agreement. 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. D. In accordance with County Ordinance No. 08 -113, and the Code of Miami -Dade County Section 2- 8.1.1, collusion in bidding for County contracts is prohibited. Two (2) or more related parties shall be presumed collusive if each submits a bid or proposal for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to Sec. 2 -10.4 and Sec. 287.055 Florida Statutes), lease, permit, concession or management agreements regardless of the value of the contract being solicited. The Provider is required to submit an affidavit (see Attachment C of this Agreement) regarding their relation to other bidders for similar purchases or services, except those excluded from this provision. ARTICLE 10. 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 the basis of race, creed, religion, color, sex, 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 accommodation; the Age Discrimination Act of 1975, 42 U.S.C. §6101, as amended, which prohibits discrimination in employment because of age; the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §12101 et sea., which prohibits discrimination in Page 8 of 23 1:x:3 employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.C. §1612, as amended; and the Fair Housing Act, 42 U.S.C. §3601 et seq. 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 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, 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 Agreement or for commencement of debarment proceedings against Provider. ARTICLE 11. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI)" and /or "Protected Health Information (PHI)" shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non - permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Provider and reasonable assurances that IIHI /PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the client for review and amendment; and incorporating any amendments requested by the client; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books, and records related to PHI available to 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 give its clients written notice of its privacy information practices, including specifically, a description of the types of uses and 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. Page 9 of 23 ARTICLE 12. Notice under this Agreement shall be sufficient if made in writing, delivered personally or sent via U.S. mail, electronic mail, facsimile, or certified mail with return receipt requested and postage prepaid, to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others) and as further specified within this Agreement. If notice is sent via electronic mail or facsimile, confirmation of the correspondence being sent will be maintained in the sender's files. If to the COUNTY: Rte'•++= �:�i171T�;71 Miami -Dade County Office of Grants Coordination 111 N.W. 1 st Street, 1 g "d Floor Miami, Florida 33128 Attention: Daniel T. Wall, Director Electronic mail: dtw @miamidade.gov Horace G. Feliu Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Electronic mail: cgarcia @cityofsouthmiami.net Either party may at any time designate a different address and /or contact person by giving written notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. ARTICLE 13. AUTONOMY Both parties agree that this Agreement recognizes the autonomy of the contracting parties and 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. ARTICLE 14. SURVIVAL The parties acknowledge that any of the obligations in this agreement, including 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 10 of 23 WWI ARTICLE 15. BREACH OF AGREEMENT: COUNTY REMEDIES A. Breach. A breach by the Provider shall have occurred under this Agreement if: (1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A) 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 Management Division; (4) if applicable, the Provider does not furnish upon request by the County proof of licensure /certification or proof of background screening required by this Agreement; (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; (7) 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; (8) the Provider discriminates under any of the laws 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 correct deficiencies found during a monitoring, evaluation, or review within the specified time as described and defined in a Corrective Action Plan (CAP); (11) 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 proof of tax status; and (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements, and stipulations in this Agreement.; (14) the Provider fails to meet any of the terms and conditions of the Miami -Dade County Affidavits (Attachment D) or the State Affidavit (Attachment E); or (15) 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 Agreement. B. County Remedies. If the Provider breaches this Agreement, the County may pursue any or all of the following remedies: 1. The County may terminate this Agreement by giving written notice to the Provider of such termination and specifying the effective date thereof. 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 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, including attorney's fees; 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 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; Page 11 of 23 14 .1 3. The County may seek enforcement of this Agreement including but not limited to filing an action in 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 Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement 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 and 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 debarred from county contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. Authorization to Terminate Agreement. The Mayor or the Mayor's designee is authorized to terminate this Agreement on behalf of the County. D. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Contract by the County shall not be deemed a waiver of any rights or remedies, 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 writing 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. No waiver shall constitute a continuing waiver unless the writing states otherwise. E. 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 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 County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. I•\ 4111[ s3 W: lill I:17diIP .Ie111IL�P.(3'L�ir:1��7_�i�7 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 least thirty (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 of the County. ARTICLE 17. PAYMENT PROCEDURES The County agrees to pay the Provider for services rendered under this Agreement based on the payment schedule, the line item budget, or both, which are incorporated herein Page 12 of 23 Mal and attached hereto as Attachment B. Payment shall be made in accordance with procedures outlined below and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40). A. Reimbursement and Advances. The parties agree that this is.a cost - basis Agreement and that the Provider shall be paid through reimbursement payment based on the budget approved under this Contract (See Attachment B) and when complete and proper documentation of service delivery and incurred expenses are provided to the County. Upon proper and complete execution of the Service Authorization Agreement or this Contract (to include proof of insurance), whichever comes first, the County will provide the Provider with twenty -five percent (25 %) of the Contract amount. An advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing by the Mayor or the Mayor's designee. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment. It need not be accompanied by a detailed expenditure report. The County shall have the sole discretion in choosing whether or not to provide any advance payments and is not obligated to do so under any circumstances. B. Monies Owed to the County. The County reserves the right, in its sole discretion, to reduce payments to the Provider in order to recapture any monies owed to the County. In accordance with County Administrative Order No. 3 -29, the Provider that is in arrears to the County is prohibited from obtaining new County contracts or extensions of contracts until such time as the arrearage has been paid in full or the County has 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. Payment to approved subcontractors shall be made by Provider following requirements and limitations as detailed in Article 21 of this Agreement. D. Requests for 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 submit a Monthly Summary of Expenditures Report and a Monthly Performance Report on forms provided by the OGC. The OGC 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 month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly reports, the OGC shall make payment. The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project. The OGC shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditures. When 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 OGC reviews and approves the payment request, the OGC will submit a check request to the County's Finance Department, The County's Finance Department will issue and mail the check directly to the Provider at the address listed on page one (1) 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 Page 13 of 23 ME shall take a minimum of forty -five (45) days from receipt, if support documentation /invoices are properly documented. 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 payment by the County. Failure to submit monthly reimbursement requests with supporting documentation in a manner deemed correct and acceptable by the County, by the 21st day of each month following the month in which the service was delivered, shall be considered a breach of this Agreement and may result in termination of this Agreement. F. Final Request for Payment. A final request for payment from the Provider will be accepted by the OGC up to thirty (30) days after the expiration of this Agreement. If the Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attachment B, which the Provider is obligated to pay after the close of the period for services provided within the term of the Agreement. G. Closeout Reporting Process /Recapture of Funds. Upon the expiration of this Contract, the Provider shall submit Closeout Report documents to the OGC no more than thirty (30) days after the expiration of this Contract. These documents shall include a cumulative year- end summary of Provider's program performance, the Year -End Closeout Report and the Property Inventory Report. If after receipt of these documents, the OGC determines that the Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, the Provider shall return such funds to the County or submit appropriate documentation. The County shall have the sole discretion in determining whether the Provider is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shall be recaptured by the County. ARTICLE 18. 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, 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 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 of Corporate Status. The Provider must submit to the OGC, within thirty (30) days from the date of execution of this Agreement, a certificate of corporate status in the name of the Provider, which certifies the following: that the Provider is organized under the Page 14 of 23 I 13 laws of the State of Florida; that all fees and penalties have been paid; that the Providers most recent annual report has been filed; that its status is active; and that the Provider has not filed Articles of Dissolution. B. Board of Director Requirements. The Provider shall insure that the Provider's 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 Agreement with the County. A current list of the Provider's Board of Directors and officers must be included with the submission. Said resolution shall at a minimum list the name(s) 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. C. 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 most recent I.R.S. form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal year end; (d) IRS form 941 - Quarterly Federal Tax Return Reports within thirty - five (35) days after the quarter ends and if the form 941 reflects a tax liability, proof of payment must be submitted within forty -five (45) days after the quarter ends. D. Business Application. The Provider shall be a registered vendor with the County's Department of Procurement Management, for the duration of this Agreement. It is the responsibility of the Provider to file the appropriate Vendor Application and to update the Application file for any changes for the duration of this Agreement, including any option years. E. Section 2- 11.1(d) of Miami -Dade County Code as amended by Ordinance 00 -1, requires any county employee 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 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 any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or 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 violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579 -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 three (3) years beyond the term of this Agreement, and shall be made available for review upon request from County authorized personnel. G. Financial Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide these documents to the OGC no later than one hundred eighty (180) days following the end of the Provider's fiscal year, for each year during which this Agreement remains in force or until all funds received pursuant to this Agreement have been so audited, whichever is later. Page 15 of 23 N3 H. Access 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 necessary to facilitate their review or audit by the County to insure compliance with applicable accounting and financial standards. I. 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 Commission 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 reimburse the County for ineligible expenditures as determined by the County Commission Auditor. J. Quality Assurance / Recordkeeping. The Provider shall maintain, and shall require that the Provider's subcontractors and suppliers maintain, complete and accurate program and fiscal records to substantiate compliance with the requirements set forth in the Attachment A, Scope of Services, of this Agreement. The Provider and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of 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 in such efforts the right of access to the Provider's premises and records K. Confidentiality Requirements. To establish and implement policies and procedures that ensures compliance with the following security standards and any and all applicable State and Federal statutes and regulations for the protection of confidential client records and electronic exchange of confidential information. The policies and procedures must ensure that: (1) There is 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 authorized personnel of the Provider, the County, the United States Department of Health and Human Services, the United States Comptroller General, and /or the United States Office of the Inspector General; (4) Records are not left unattended in areas accessible to unauthorized individuals; Page 16 of 23 (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 chart and medical record identification, filing methods, storage, retrieval, organization and maintenance, access and security, confidentiality, retention, release of information, copying, and faxing. L. Progress Reports. The Provider shall furnish the OGC with monthly progress /performance reports in accordance with the activities and goals detailed in Attachment F of this Agreement. The reports shall explain the Provider's progress for the month. The data should be quantified when appropriate. The final progress report shall be due no later than thirty (30) days after the expiration or termination of this Agreement. M. Monitoring: Management Evaluation and Performance Review. This section shall pertain only to Providers whose funding allocation under this Agreement is $10,000 or more or whose funding allocation becomes $10,000 or more during the term of this Agreement. The Provider agrees to permit County authorized personnel to monitor, review and evaluate the program /work which is the subject of this Agreement. The OGC shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Agreement. The Provider shall permit the OGC to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the OGC's findings will be delivered to the Provider and the Provider will rectify all 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 this Agreement. The OGC may conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Agreement or future funding is dependent upon satisfactory evaluation conclusions by the County. N. Client Records. The Provider shall maintain a separate individual client chart for each client /family served, where appropriate. This client chart shall include all pertinent information regarding case activity. At a minimum, the 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 under Article 19, Sections F, G, and H of this Agreement. O. Disaster Plan /Continuity of Operations Plan (COOP). The Provider shall develop and maintain an Agency Disaster Plan /COOP. At a minimum, the Plan will describe how the Provider establishes and maintains an effective response to emergencies and disasters, and must comply with any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan /COOP must be submitted to the OGC no later Page 17 of 23 than April 1st of the contract term and is also subject to review and approval of the County in its sole discretion. The Provider will review the Plan annually, revise it as needed, and maintain a written copy on file at the Provider's site. ARTICLE 20. Office of Miami -Dade County Inspector General and the Commission Auditor The Provider understands that it may be subject to an audit, random or otherwise, by the Office of Miami -Dade County Inspector General or an Independent Private Sector Inspector General retained by the 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 Miami -Dade County Code Section 2 -1076; in that the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Provider from IG, the Provider shall make all requested 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 Commissioners whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include 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 IG 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. To pay for the functions of the Office of the Inspector General, any and all payments to be made to the Provider under this contract will be assessed one quarter (114) of one percent of the total amount of the payment, to be deducted from each progress payment as the same becomes due unless this Contract is federally or state funded where federal or state law or regulations preclude such a charge. The Provider shall in stating its agreed prices be mindful of this assessment, which will not be separately identified, calculated or adjusted in the proposed budget form. The IG shall have the power to retain and coordinate the services of an independent private sector inspector general (IPSIG) who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance 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. ARTICLE 21. SUBCONTRACTORS and ASSIGNMENTS A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Agreement without the prior written approval of the OGC in its sole discretion, which shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by all of the terms and conditions of this Agreement. Page 18 of 23 1: 1) If the Provider will cause any part 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, but will be liable hereunder for all acts and negligence of the Subcontractor, its 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 business of such Subcontractor, and such other information as the County may require. The County will have the right to require the Provider not to award any subcontract to a person, firm, or corporation disapproved by the County in its sole discretion. 3) Before entering into any subcontract hereunder, the Provider will inform the Subcontractor fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be 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 County in its sole discretion, in addition to the other requirements herein provided, the Subcontractor must be prepared to prove to 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 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. 5) 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 obligations under this Agreement. All Subcontractors are required to protect the confidentiality of the County's and County's proprietary and confidential information. Provider shall furnish to the County copies of all subcontracts between Provider and Subcontractors and suppliers hereunder. Within 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, in the event the County finds the Contractor in breach of its obligations, the option to pay the Subcontractor directly for the performance 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. Page 19 of 23 B. If this Agreement 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 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 I. Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment I without prior written approval of the County. C. Prompt Payments to Subcontractors. The Provider shall issue prompt payments to subcontractors that are small businesses (annual gross sales of $750,000 or less with its principal place of business in Miami -Dade County) and shall 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), Section 2 -8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3 -19, and the Florida Prompt Payment Act, payments must be made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to small business subcontractors or adhere to dispute resolution procedures may be grounds for suspension or termination of this Agreement or debarment. ARTICLE 22. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS Provider agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State and the County orders, statutes, ordinances, the 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 for employment and services without regard to race, creed, 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, demotion 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 employees and applicants for employment, such notices as may be required by the Dade County Equal Opportunity Board or other authority having jurisdiction over the work setting 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 Section 10 -38 "Debarment ". e) Miami -Dade County Ordinance 99 -5, codified at 11A -60 et. seq. Code of Miami - Dade County pertaining to complying with the County's Domestic Leave Ordinance. Page 20 of 23 r13 f) Miami -Dade County Ordinance 99 -152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami -Dade County. Notwithstanding any other provision of this Agreement, Provider shall not be required pursuant to this Agreement to take any action or abstain from taking 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, including but not limited to laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. ARTICLE 23. MISCELLANEOUS A. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this 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, promotions, and stationery. The use of the official County logo is permissible for the publicity purposes stated herein. Provider shall submit sample or mock up of such publicity or materials to the County for review and approval. The Provider shall ensure that all media representatives, 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 County, Florida. C. Modifications. Any alterations, variations, modifications, extensions, or waivers 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 both parties and attached to the original of this Agreement. The County and Provider mutually agree that modification of the Scope of Service, schedule of payments, billing and cash payment procedures, set forth 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 Agreement as described herein on behalf 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 intended to expand or restrict the scope or substance of the provisions of this Agreement. 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. Page 21 of 23 ME 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 terms 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 party participated in the preparation and drafting of this Agreement. G. Totality of Agreement f Severability of Provisions. This Agreement and Attachments, with it recitals on the first page of the Agreement and with its attachments as referenced below 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: Miami -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 Attachment I: List of Subcontractors and Suppliers (NOTE: Attachment 1 must be completed and included with this Agreement only if the accompanying contract award totals $100,000 or more.) Attachment J: Authorized Signature Form Attachment K: Service Authorization Agreement No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law and ordinance. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 22 of 23 ram ME IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract date herein above set forth. Attest: Aut i ed Person OR Notary Public Print Name: Title: - -� 'J Corporate Seal OR Notary Seal /Stamp: MIAMI -DADE COUNTY By_ 4m� j � --� Name: Jennifer Glaz 1 -Moon Title: Spec Asst/Director OSBM Date: Attest: HARVEY RUVIN, Clerk Board of County Commissioners ■ Page 23 of 23 ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter) SECTION I: GENERAL INFORMATION Name of Organization: City of South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305 - 668 -7231 Fax Number: 305- 668 -7388 E -mail Address: cgarcia(cDcityofsouthmiami.net Fiscal Contact Person: Ana Larzabal Phone Number: 305 - 669 -0712 Fax Number: 305 - 667 -1758 E -mail Address: alarzabal - cityofsouthmiami .net Contract Amount: $18,400.00 Contract Period: October 1, 2009 —September 30 2010 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: South Miami Senior Meals Describe the program goals: To provide positive social, cultural educational and recreational Describe the program and services and how program funding will be used: Through our Parks 60 senior residents. SECTION III: PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [i.e., 3 hours of after school care for twenty -five (25) children ages 5 — 10, one home delivered meal for 50 seniors every day (18,250 meals)]: ATTACHMENT A meals to 48 clients which equal 96 meals x $3.50 totals $336 Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): Each meal is estimated to cost $3.50 based on previous contract year. Negotiations for meal unit cost will be finalized upon execution of all funding contract agreements. 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): 1:00 p.m,-3:30 p.m. on Fridays. SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for completion of each objective [i.e.,75% of children attending after school tutoring program will increase their reading score by a full letter grade as measured by pre and post- testing during the contract year]). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: staff of the of services that are available through Parks and Recreation's Senior Meals. Meetings with grassroots organizations will also increase public awareness of the program. SECTION VI: PERSONNEL I understand that while this information represents a performance projection, I must receive approval from ism' D e Office of Grants Coordination prior to any operational or performance variations. Grants Writer & Admin. Carol Aubrun Grants Writer & Admin Signs e an8 Title of Person Completing Form Print Name and Title 2of3 City of South Miami Senior Weekend Meals Program with Miami -Dade County October 1, 2009 — September 30, 2010 DIRECT COSTS Other Direct Costs (Food ) ($18,400.00): This line item will cover the Weekend Senior Meals for up to 60 seniors in the South Miami Senior Center. Each senior will receive two (2) meals each weekend delivered to their door step. 60 seniors x 2 meals per weekend = 120 meals. 120 meals X 43 weeks = 5,160 meals x 3.50 = $18,060. Additionally we will deliver 2 pre - packaged meals to 48 seniors during the 44th week which equals $336. TOTAL AWARD: $1%400.00 Page 1 of 1 ! �( \ \ \ } \ \\ 05 ° \ / k })\ ` ){ a ! -- � - 12 / }!){)L0 0, {){) } {{\f })f \\ % % %$$)) ) Pl LE ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter) SECTION I: GENERAL INFORMATION Name of Organization: City of South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305 - 668 -7231 Fax Number: 305 - 668 -7388 E -mail Address: CgarciaCcr_cityofsouthmiami.net Fiscal Contact Person: Worrell Troup Phone Number: 305 - 668 -7232 Fax Number: 305 - 668 -7388 E -mail Address: Wtroub cityofsouthmiami.net Contract Amount: $26,775.00 Contract Period: October 1, 2009 —September 30 2010 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: The After School House (Tutoring) Describe the program goals: To provide positive social cultural educational and recreational opportunities for the City of South Miami In addition our goal is to create a child - friendly learning environment to supplant essential after school services to children regardless of age race religion, gender, family income or ability to pay. Describe the program and services and how program funding will be used: Through our Parks available. Funds will be used for staff. SECTION III: PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [i.e., 3 hours of after school care for twenty -five (25) children ages 5 — 10, one home delivered meal for 50 seniors every day (18,250 meals)]: No less than 16 hours per week of After School Services will be provided to children between the ages of 5 -17 The program will service no less than 120 students for this grant period. ATTACHMENT A Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): services for 120 children is $223.13. 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): school such as teachers work days etc. SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for completion of each objective [i.e.,75% of children attending after school tutoring program will increase their reading score by a full letter grade as measured by pre and post- testing during the contract year]). parents level of income etc. SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: SECTION VI: PERSONNEL this information represents a performance projection, I must receive approval ,arGrants Coordination prior to any operational or performance variations. 7VGrants Writer & Admin. Carol Aubrun Grants Writer & Admin Title of Person Completinq Form Print Name and Title 2 of 3 City of South Miami After School House Program with Miami -Dade County October 1, 2009 — September 30, 2010 DIRECT COSTS Personnel: Salaries Teachers /instructors($26,775): These line items represent the salaries of three (3) part -time teachers /instructors. These teachers /instructors will dedicate 100% of their time to students enrolled in the After School House Program. These teachers /instructors will provide tutoring and homework assistance for children participating in the program. Grant funds are being charged between 25% and 45% of these positions' salaries. TOTAL AWARD: $26J75.00 Page 1 of 1 \ \\ \} CO W In 0 0 \` { t 4 - - -- � /US / \ $!, \ / {) »,; „ ! ;! ;!»! \ \ \\ �f22'�� $k=�\` \ \ ( \� \� \� \� \�\� \ ) / } \� \�\\ ATTACHMENT C COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -113) BEFORE ME, A NOTARY PUBLIC, personally appeared M. raI,J &D who being duly sworn states: Ynsert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and l am an owner, officer, director, principal shareholder and /or I am otherwise authorized to bind the bidder of this contract. I .state that the bidder of this contract [� is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR ❑ is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer the same agreement. Bids or proposals found to be collusive shall be rejected. By: JOV7 , f 20 /0 /p Signature ofAffiant Date �/� A�V Sly - 610 / V IV13111 nted Name of Aff/iant a�nd"Ti�i a Federal Employer Identification Number Printed ,Name of Firm sun_[ 2 BID NO.: BID TITLE: SUBSCRIBED AND SWORN TO (or affirmed) before me this day 20A 9f-1- , /She is perspnaliy know a or has presented as identiflc iorl Type of identification Serial Number Print or tamp Name �ota�ry � } Expiration Date Notary Public — State of f4 "°— Notary Seal f'eyn,, MARIA LWCiA 3 MY CUMM15S10N d 00820582 c i tX'riHES'. OC10W2, ••... •bC� PUOIiC Und¢ uomded Thee Notary rwm�5 Miami -Dade County MI ®DARE VENDOR AFFIDAVITS FORM (Uniform County Affidavits) Department of Procurement Management Vendor Assistance Unit 111 NW 1`r Street, Suite 1300, Miami, Florida 33128 -1974 Telephone: 305- 375 -5773 Fax No: 305- 375 -5409 www.miamidade.gov/"`dpm Complete the Vendor Affidavits Form to update affidavits previously submitted with the Vendor Registration Package. It is the vendor's responsibil/ty, to keep all affidavit information current complete and accurate, by submitting any modifications to the Department of Procurement Management, Vendor Assistance Unit. RI FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) In order to establish a We for your firm, you must enter your Firm's FEIN or if none, the owner's Social Security Number. This number becomes your "County Vendor Number. Please enter your Federal Employee Identification Number (FEIN) or your Social Security Number (SSN). r I r AI ❑ S.S.N. G 1y 501-11-6 Ft, AM i Name of Entity, Individual (s), Partners, or Corporation tt / �s m og usm m ess As (If sae as above, I ove blank 5�f :&C> L t' ✓e F �t`�1 a vl a I J 51 V Street Address (Post Office addresses are not acceptable) 1. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the Miami -Dade County Code) a. Firms registered to do business with Miami -Dade County must fully disclose their legal name, physical address and ownership. Publicly traded Corporations are exempt from this requirement, but must indicate by letter that it is a Publicly Traded Corporation and include the name of the stock exchange market and symbol where registered. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. (Post Office addresses are not acceptable). (Duplicate page if needed for additional names). If no officer, director or stockholder owns (5 %) or more of stock, please write "None" below. FULL LEGAL NAME TITLE ADDRESS % OF OWNERSHIP b. Provide the full legal names and business addresses of any other individuals (other than subcontractors, material men, suppliers, laborers, or lenders) that have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Miami Dade County (Post Office addresses are not acceptable). If "None ", please indicate in space below: �FULL LEGAL NAME 7ITL£ ADDRESS % OF OWNERSHIP 6/23 /1008 2. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-133, amending Section 2.8- 1(d)(2) of the Miami -Dade County Code) The following information is for compliance with all items in the aforementioned Section: Does your firm have a collective bargaining agreement with Its / employees? Yes ty No Does your firm provide paid health care benefits for its employees? Yes ✓ No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White Black Hispanic OtdSer _ / V Males Males /°j, Males Males Females 1/0 Females _ 0 females - :19 Females My initials acknowledge that I have read the aforementioned requirements and the entity k in compliance. 9D 3. MIAMI -DADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE CERTIFICATION (Section 2- 8.7.2(b) of the Miami- Dade County Code) All persons and entities that contract with Miami -Dade County are required to certify that they will maintain a drug -tree workplace and such persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace. In compliance with Ordinance No. 92 -15 of the Code of Miami -Dade 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 4. 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 five (5) days after receiving notice of such conviction and Impose appropriate personnel action against the employee up to and including termination. Firms may also comply with the County's Drug Free Workplace Certification where a person or entity is required to have a drug -free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord and such policy meets the intent of this ordinance. My iniltals acknowledge that I have read the aforementioned requirements and the entity is in compliance. 41f 4. MIAMI -DADE COUNTY DISABILITY AND NONDISCRIMINATION AFFIDAVIT (Article 1, Section 2 -8.1.5 Resolution R182 -00 Amending R- 385 -95 of the Miami -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.). I, state that this firm, is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor shall comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Act of 1990 (ADA), Pub. L 101.336, 104 $tat 327, 42 U.S.C. Sections 225 and 611 including Titles I, II, III, IV and V. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended, 49 U.S.G. Section 1 612 The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631 I hereby affirm that I am in com lfance with the below sections: Section 2- 10.4(4)(a) of the Code of Miami -Dade County (Ordinance No. 82.37), which requires that all properly licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami -Dade County. Section 2 -8.7.5 of the Code of Miami -Dade County, which requires that firms that have annual gross revenues in excess of five (5) million dollars have an 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. My initials =knowledge that I have read the aforementioned requirements and the entity is in compliance 4/23/2000 5. MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami -Dade County Code) Firms wishing to do business with Miami -Dade County must certify that its contractors, subcontractors, officers, principals, stockholders, or affiliates are not debarred by the County before submitting a bid. I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -Dade County. My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. 6. MIAMI -DADE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT (Section 2 -8.1 of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County must certify that all delinquent and currently due fees, taxes and parking tickets have been paid and no individual or entity in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. I, confirm that all delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the Miami -Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have been paid. I further affirm that this firm complies with Section 2 -8.1, which requires that no individual or entity that is in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. My Initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. I__ 7. MIAMI -DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT (Article 7, Section 2- 8.1(i) and 2- 71(b)(1) of the Miami -Dade County Code through (6) and (9) of the County Code and County Ordinance No 00 -7 amending Section 24 7.1(c) of the County Code) Firms wishing to transact business with Miami -Dade County must certify that it has adopted a Code that complies with the requirements of Section 2.8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regulations. I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2 -8.1 of the County Code, and that such code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations. �q/} My initials acknowledge that 1 have read the aforementioned requirements and the entity h in compliance RL 8. MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT (Article V of Chapter 11, of the Miami -Dade County Code) Firms contracting business with Miami -Dade County, which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year, are required to certify that they provide family leave to their employees. Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter (signed by on authorized agent) that it does not have the minimum number of employees required by the County Code. I confirm that if applicable, this firm complies with Article V of Chapter II of the County Code, which requires that firms contracting business with Miami -Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide family leave to their employees. My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. 9. MIAMi -DADE COUNTY LIVING WAGE AFFIDAVIT (Section 2 -8.9 of the Miami -Dade County Code) All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the County Code. I confirm that if applicable, this firm complies with Section 2 -8.9 of the County Code, which requires that all applicable employers entering a contract with Miami -Dade County shall pay the prevailing living wage required by the section of the County Code. My initials acknowledge that I he" read the aforementioned requirements and the entity is in compliance. ff- 4/23/2008 T0. MIAMI -DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8, Section 11 A -60 - 1 1 A -67 of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County must certify that it is in compliance with the Domestic Leave Ordinance. I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during the current or preceding calendar year. My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. l.954. AFFIRMATION 1, being duly sworn, do attest under penalty of perjury that the entity is in compliance with all requirements outlined in the Miami -Dade County Vendor Affidavits 1 — 10, pages 5 through 8 of this Vendor Registration Package. I also attest ih I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the Miami -Dade o t411WK� Assistance Unit, immediately if any of the statements attested hereto are no longer valid. 111511-0 (Signature of Affiant) (Date) 1 1 t NOTARY PUBLIC INFORMATION Notary Public—State of: (1'j' State SUBSCRIBED AND SWORN TO (or affirmed) before me this day of �. County of 20 by /t/ He or she is personally known to me 42�x Or has produced identification ❑ Type of Identification Print or Stamp of Notary 4/28 /3008 (Serial Number) Expiration Date Notary Public Seal MY COMMISSION N DD 897582 •;�e= EXPIRES: October 2,2013 ?�c ^'d" Bonded Thm Notary Public UnderWrftW' F, ATTACHMENT E 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 OATHS I. This sworn statement is submitted to !"L6lom -- CoGy) la by Tlv Qf sr • ® tJori 1, tYCiY (Print indi idual's n for of entity submitting sworn statement) whose business address is 30 S605c 'b rive a Socc,A 1, Als i° and if applicable its Federal Employer Identification Number (FEIN) is 59 4, Y-41 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 transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 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 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 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 another 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 1 of 2 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 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 an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please 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 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, 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 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). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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 I AM REQUIRED TO INFORM THAT 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 CHAFE IN E INFORMATION CONTAINED IN THIS FORM. n.. _L_ (Signature) Sworn to and subscribed before me this 20 G_V. P sonall n�� ,0,1 i` ` �% Z' � OR Produced Identification U ` Notary Public - State of My commission expires (Type of Identification) `, AaY CUMM S ONGH Dpi 97582 (Printed 2 of 2 notary public) MIAMI -DADE COUNTY (Attachment F) OFFICE OF GRANTS COORDINATION COST -BASED CONTRACT MONTHLY SUMMARY OF EXPENDITURES REPORT •.. Ali CQOM9 Agency Name: Allocation Amount: Agency Address: Approved Budget Amount Contract Number: OGC Use Only , (Do not write In this column).: Contact Person: Agreement Period: 10/1/2009 -9130/2010 Telephone: Ordinance Number: Program Name: Today's Date: 11/19/2009 Pont Mono, Below: Actual operating expenses covering the Month of: are outlined in Column II below: To avoid delays in payment, provide complete back -up documentation for all expenses listed in Column II and provide appropriate authorization on the signature page (Page 2, over) OGC 029 (rev. 11/16/09) Page 1 of 2 Approved Budget Line Items -. d% r DIRECT COSTS. Approved Budget Amount Monthly Expenses OGC Use Only , (Do not write In this column).: Personnel 1. Position Fringes 2. Position Fringes 3. Position Fringes 4. Position Fringes 5. Position Fringes 6. Position Fringes Other Direct Costs describe in narrative) Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs (describe in narrative) Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs (describe in narrative) INDIRECT COSTS.: Personnel 1. Position Fringes 2. Position Fringes Indirect Costs describe in narrative) Indirect Costs describe in narrative) Indirect Costs describe in narrative Indirect Costs (describe in narrative) TOTALS: $ - $ - To avoid delays in payment, provide complete back -up documentation for all expenses listed in Column II and provide appropriate authorization on the signature page (Page 2, over) OGC 029 (rev. 11/16/09) Page 1 of 2 AUTHORIZATION I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above, and that no expenses for which reimbursement is requested has been or will be reimbursed by any other funding sources. Executive Director / Agency Designee Print Name Executive Director / Agency Designee Signature Print Title County /Department Use Only C,O. NOTE: FISCAL PREPARED BY: DATE: FISCAL APPROVED BY: DATE: AM( OGC 029 (rev. 11/16/09) Page 2 of 2 November 19, 2009 Date w 0, O -y 0 j3 0 M 0 0 0 0 0 0 9 3 z 0 23 0 0 0 I, 0 M r 0 �R. 0 .1 wN N 55* :E 0 > > :(/),Co m jj .13 0,0 CL pi cr YJ �o 00 0 0 O O cn O 0000 160 17 A V 3 91 AD. 0 > 90 7VI A 'Afi� In- TO Y "M lei. , Jyrl ' MIAMIDADE COUNTY (Attactment H) _ OFFICE OF GRANTS COORDINATION FISCAL YEAR 2009-10, CLOSEOUT REPORT "I°a°E _N •, LINE, ITEM BUDGET REFLECTING: ACTUAL EXPENDITURES Agency Name; Approved Budget Lme Items - "�•' 7 DIRECTCOSTS Allocation Amount: Actual expenses from Oct. 1, 2009 through Sept. 30, 2010 Agency Address: Personnel Contract Number: . Contact Person:'. 1. Position Agreement Period:.,.: 10/1/2009 - 9/30/2010 Telephone: Fringes Ordinance Number: Progr am Na me: 2. Position Dater.' 11/19/2009 I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above, and that no expenses for which reimbursement is requested has been or will be reimbursed by other funding sources. Executive Director / Agency Designee Print Name Executive Director / Agency Designee Signature OGC 027 (rev. 11/16109) Page 1 of 2 Print Title 11/19/2009 Date Approved Budget Lme Items - "�•' 7 DIRECTCOSTS Approved Budget Amount Actual expenses from Oct. 1, 2009 through Sept. 30, 2010 Closeout / Final Amount `�, - ,;:OGO Use Only - (Do not write (n this .column),�, Personnel 1. Position Fringes 2. Position Fringes 3. Position Fringes 4. Position Fringes 5. Position Fringes 6. Position Fringes Other Direct Costs (describe in narrative) Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative) Other Direct Costs (describe in narrative) Other Direct Costs (describe in narrative Other Direct Costs describe in narrative) Other Direct Costs (describe in narrative) INDIRECT:. COSTS. .. Personnel 1. Position Fringes 2. Position Fringes Indirect Costs describe in narrative Indirect Costs describe in narrative Indirect Costs describe in narrative) Indirect Costs (describe in narrative) TOTALS: $ $ I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above, and that no expenses for which reimbursement is requested has been or will be reimbursed by other funding sources. Executive Director / Agency Designee Print Name Executive Director / Agency Designee Signature OGC 027 (rev. 11/16109) Page 1 of 2 Print Title 11/19/2009 Date County /Department Use Only CONTRACTS & GRANTS MANAGEMENT UNIT SECTION C.O. AL❑ BGEl EH ❑ SS❑ OTHER [1 AF❑ CP❑ ML❑ TB❑ OTHER❑ AN Fl DD❑ NR❑ YM❑ OTHER Cl Bs El DG❑ SJ❑ OTHER[]- OTHER C.O. NOTE: I L FISCAL UNIT SECTION PREPARED BY: DATE: APPROVED BY: DATE: AW OGC 027 (rev. 11/16/09) Page 2 of 2 ATTACHMENTI PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Name of Organization: #V&n! Address: 191—X>0 156 WTh c pr4ove ON r -33fV� REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade 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 Work, 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 "N /A ". NA I . tr REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit a list of suppliers who will supply materials for the Scope of Services to the 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 "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE I hereby certify that the foregoing information is Signature �of Authorized /'R W .epresentative: _ Title: Pck1 11 cC YID M &nom_ Firm Name: GT�rai �%1 i Date: Jan Fed. ID No. 59 Address: 0 « C L City /StateMp: c--0u:M LKiUmll 176 .)J Telephone: $ Ib Fax: �_6349' E -mail: /67 Qwcm Page 1 of 1 (USE SERVICE PROVIDER'S LETTERHEAD) Office of the City Manager AUTHORIZED SIGNATURE FORM DATE: 1/14/2010 This form certifies the names, titles and signatures of individuals authorized by the service provider's by- laws or board resolution to sign contracts, checks, budget revision requests, payment requests, and any other requests that are required by the Office of Grants Coordination for disbursement of funds. These signature authorizations are retained by the Office of Grants Coordination for auditing purposes. Service Providers are required to submit updates to this list as they become necessary. NAME (please type) TITLE please tyke) SIGNATURE I. Prime Contracts and Subcontracts Roger M. Carlton Acting City Manager 6 &A II. III. IV Checks (List amount limits) Roger M. Carlton Acting City Manager Matilde Mendez Finance Director Maria Mendez Budget Revision Requests Roger M. Carlton Matilde Menedez Payment Requests Roger M. Carlton Matilde Menedez City Clerk Acting City Manager Finance Director Acting City Manager Finance Director '' � � 5 41 u "k w vt� n r tl 6130 Sunset Drive South Miami, Florida 33143 -5093 ® Tel: (305) 663 -6338 ® Fax: (305) 663 -6345 www.cityofsouthmiami.net a office of Grants Coordination 111 NW 1st Street 19th Floor Miami, Florida 33128.1994 T 305 - 3754742 F 305 - 375 -4049 mtamidadegov Carlos Alvarez, Mayor MIAMI -DADE COUNTY SERVICE AUTHORIZATION AGREEMENT Horace G. Feliu, Mayor city of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: South Miami Senior Meals $18,400 The After School House (Tutoring) $26,775 Dear Honorable Mayor: Miami -Dade County, through its Office of Grants Coordination (OGC), is issuing this Service Authorization Agreement (Agreement) to permit City of South Miami to provide programs beginning October 1, 2009. This Agreement will expire on January 15, 2010 or when a Fiscal Year (FY) 2009 -2010 contract is executed, whichever comes first. This Agreement is being executed in an effort to maintain continuity in the provision of services by your organization and to facilitate the disbursement of County funds to your organization for said services. The FY 2009 -2010 contract will be for the service period October 1, 2009 to September 30, 2010. Please submit all documents requested in your award letter by the deadlines established in the award letter in order to facilitate the execution of a FY 2009 -10 contract by no later than January 15, 2010. By acceptance of this Agreement, your organization understands and agrees that if a contract is not executed by January 15, 2010 then the business relationship shall be terminated and no further payments shall be made to the organization for services rendered after January 15, 2010. 1 hope that nothing of this sort will happen, but I am Insistent that both staff and providers know how critical it is to get annual contracts executed to ensure that services will be rendered beyond January 15, 2010. During the period of time covered by this Agreement, City of South Miami must comply with the attached draft 2009 -10 scope(s) of Services and Budget($), which are both subject to change at the County's sole and absolute discretion. In addition, air other requirements in the organization's FY 2008 -09 Service Agreement with Miami -Dade County and all of the relevant attachments to said agreement shall remain in full force and effect. The organization must also provide program activities In accordance with the attached draft Scopes) of Service, complete all progress reports, and submit all reports and data according to the FY 2008 -09 Service Agreement requirements. Additionally, once this Service Authorization Agreement is fully executed, your organization is authorized to request up to a maximum twenty -five (25 %) percent advance per funded program In order to incur allowable expenses in accordance with the line item budget, narrative justifications, and calculations that are reflected in the attached preliminary budget(s). No payments outside this advance shall be made until a FY 2009 -10 contract is finalized and executed. Please sign and return this Service Authorization Agreement within ten (10) days. Failure to do so may prevent your organization from receiving any County funds. If you have any questions about the contract process, please contact your Contracts Qfficer, Brenda Gunn via email at BGUNN @miamidade.gov or by telephone to (305) 475 -4742. We look forward to our continued relationship with you, working on behalf of the residents of Miami -Dade County. 4SI ely, T. Wall or, Office of Grant Coordination I agree to the terms and conditions described in this Service Authorization Agreement. SI ature of Authorized Representative rl a/ 09 Date cc: Contract file �,. M C)01-1-6V1 rint Name Enclosures PLEASE INCLUDE CORPORATE SEAL AND /OR NOTARY STAMP Jennifer azer —Moon, Special Assistant/ Director, OSBM Date t�tl'�o Carlos Alvarez, Mayor November 13, 2009 Horace G. Fellu, Mayor city of South Miami 6130 Sunset-Drive South Miami; FL 33143 Dear Honorable Mayor: office of Grants Coordination 1 t t NW 1 st Street 79th Floor Miami, Florida 33126.1994 T305-375-4742 F305-375-4049 miaroidade.gov Enclosed is a Service Authorization Agreement issued by Miami -Dade County through the Office of Grants Coordination. This agreement allows your agency to continue provision of services for the specified programs and to facilitate the disbursement of County funds to your organization. Please sign and return this Service Authorization Form within ten (10) days of receipt. Failure to do so may forfeit your organization's ability to receive county funds based on your grant award. y u You may receive an advance of up to a maximum of 25% per program (if applicable) must request this in writing when returning your signed Service Authorization Agreement. We look forward to working with you again this year and appreciate your continuing commitment to the citizens of Miami -Dade County and trust that you will let us know if you need assistance or have additional questions. ;08 VoTfoWranis ecioc Coordination c: Theresa piano, Assistant Director Stan Thompson, Contracts and Grants Administrator Enclosure office of Grants Coordination I I I NW I st Street 19th Floor Miami, Florida 3312 8-1994 T 305- 375.4742 F 305- 375 4049 MIAMI -DARE COUNTY SERVICE AUTHORIZATION AGREEMENT Horace G. Fellu, Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: South Miami Senior Meals $15,400 The After School House (Tutoring) $26,775 mlamidade gov Dear Honorable Mayor: Miami -Dade County, through its office of Grants Coordination (OGC), is issuing this Service Authorization Agreement (Agreement) to permit City of South Miami to provide programs beginning October 1, 2009, This Agreement vAI expire on January 15, 2010 or when a Mscai Year (FY) 2009 -2010 contract is executed, whichever comes first. This Agreement is being executed in an effort to maintain continuity in the provision of services by your organization and to facilitate the disbursement of County funds to your organization for said services. The FY 2009 -2010 contract will be for the service period October letter 1, 20 9 the Septembe ne r 30, 2010, please submit all documents requested in your established in the award letter in order to facilitate the execution of a FY 2009 -10 contract by no later than January 15, 2010. By acceptance of this Agreement, your organization understands and agrees that if a contract Is not executed by January 15, 2010 then the business relationship shall be terminated and no further payments shall be made to the organization for services rendered after January 15, 2010. 1 hope that nothing of this sort will happen, but i am insistent that both staff and providers know how critical it is to get annual contracts executed to ensure that services will be rendered beyond January 15, 2010, During the period of time covered by this Agreement, City of South Miami must comply with the attached draft 2009 -10 Scopes) of Services and Budget($), which are both subject to change at the County's sole and absolute discretion, in addition, all other requirements in the organization's FY 2005 -09 Service Agreement with Miaml -Dade County and all of the relevant attachments to said agreement shall remain in full force and effect The organization must also provide program activities in accordance with the attached draft SeoiSe(s) of Service, complete all progress reports, and submit all reports and data according to the FY 2005 09 Service Agreement requirements. Additionally, once this Service Authorization Agreement is fully executed, your organization is authorized to request up to a maximum twenty-fnre {cord ance with Percent advance per funded program in order to incur allowable expenses in accord the line item budget, narrative Iustdicatrons, and calculations that are reflected in the attached preliminary budget(s). No payments outside this advance shalt be made until a FY 2009 -1 D contract is finalized and executed. please sign and return this Service Authorization Agreement within ten (10) days. Failure to do so may prevent your organization from receiving any County funds, if you have Brenda any viaoemabaBGUNN@mam dadesgov or by telephone to (305) 475 4742.r We look forward to our continued relationship with you, working on behalf of the residents of Miami -Dade County. Sin erety, aniei T. Wait Director, Office of Grants Coordination I agree to the terms and conditions described in this Service Authorization Agreement. Signature of Authorized Representative Date cc: Contractfile Print Name Enclosures PLEASE INCLUDE CORPORATE SEAL ANWOR NOTARY STAMP I RESOLUTION NO.: 208 -08� -12805 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT . AGREEMENT WITH MIAMI -DADE COUNTY BY AND THROUGH ITS OFFICE OF GRANTS COORDINATION IN THE AMOUNT OF $56,660.00 FOR SOCIAL SERVICES, WHICH CONSIST OF AFTER SCHOOL HOUSE TUTORING AND SENIOR MEALS PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami -Dade County Office of Grants Coordination; and WHEREAS, the. Grant Agreement will allow social services, which consist of After School House Tutoring and Senior Meals Programming; and WHEREAS, the City Manager is authorized to execute the grant agreement in the amount of $56,650.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 9: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County office of Grants Coordination. Section 2: The attached exhibit is incorporated by reference Into this resolution. PASSED AND ADOPTED this 16th day of December 2008. 0 — w /. READ AND APPROVED AS TO FORM: CI ATT RNEY __._. COMMISSION VOTE: 4--0 Mayor Fellu: yea Vice Mayor Beasley: yea Commissioner Palmer: Yea Commissioner Beckman: yea Control # 9- SMIA -HH -CB MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION SOCIAL SERVICES CONTRACT This Contract made and entered into this day of 200 & , by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County "} through its Office of Grants Goordination (hereinafter referred to as "OGG ), located at 2525 NW 62 "d Streat 4° Floor Miami Florida 33147, and City of South Miami having offices at 6130 Sunset Drive South Miami Florida 33143 (hereinafter referred to as "Provider") states conditions and covenants for the rendering of social and /or crime prevention services (hereinafter referred to as "Services ") for the County. WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Mayor or the Mayor's designee; and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability 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 through Ordinances 08 -105 and 08 - 107 for the proposed services; and WHEREAS, the County has appropriated funds to the Provider for the proposed services, NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: 1. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: South Miaml.Senior Meals $18,400 The After School House (Tutor) $ 38,250 Funding and contract payments will be available as noted below based on the prior year performance grade issued by the County for each individual allocation and corresponding service program. Performance Grade A B C D F Percent Available 100% 85% 70% 60% 0% For service programs with a performance grade of B, C, or D the maximum amount payable will only be available upon written notice from the County if the Provider successfully satisfies all of the terms and conditions of the corrective action plan issued by the County for each service program within six (6) months from October 1, 2008, and the County determines that available funding should be restored to 100% of the maximum amount payable. The Provider, by signing the Acknowledgment Page 1 of 17 (GB) Form incorporated herein as Attachment J, acknowledges and agrees that the County is only responsible for a percentage of the maximum amount payable based on the Provider's already determined Performance Grade. Further, the Provider acknowledges that the maximum amount payable will only be due, if at all, when the County in its sole discretion determines that the Provider has successfully satisfied all of the terms and conditions of the corrective action plan issued by the County for each service program within six (6) months from October 1, 2008. Service programs that received a performance grade of F will have three (3) months from October 1, 2008 to successfully satisfy all of the terms and conditions of the corrective action plan issued for each service program as determined by the County that available funding should be restored to 100% of the maximum amount payable, as defined in the Fiscal Year 2008-2009 contract. 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. All services undertaken by the Provider before the County's approval of this Contract shall be at the Provider's risk and expense. 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 payment by the County. It SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider will implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the OGG in writing. Ill. BUDGET SUMMARY. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget that is attached herein and incorporated hereto as Attachment B. The provider may shift funds between line items not to exceed fifteen percent (15 %) of the total budget by submission of a Budget Modification Request to the OGC for approval. Variances greater than fifteen percent (15 %) in any tine item shall require prior approval and a budget modification approved by the President, Vice President, or Executive Director of the Provider as well as the OGC. The Budget Modification shall replace Attachment B. In no event shall the budget include a line item for indirect costs in excess of fifteen percent (15 0/*) of the total budges. If the budget includes a line item for indirect costs of less than fifteen percent (15 0/6), then the Provider must support such expenditure with proper documentation. The Provider may amend the budget no more than twice during the term of this Contract. A final budget revision must be submitted to the OGG no later than 45 days prior to the expiration of the Contract IV. EFFECTIVE TERM, The effective term of this Contract shall be from October 1. 2008 to September 30. 2009. The County will not entertain any request for extensions. This contract is not subject to renewal. V. INDEMNIFICATION BY PROVIDER. A. Goverment Entifv. Government entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, Including attorney's fees and costs of defense, which the County or its officers, employees, agents or Page 2 of 17 (CB) 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 the Contract by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity 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. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Stat., subject to the provisions of the Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or properly damage claims, liabilities, losses or causes of action which may arise as a resuit of the negligence of the government entity. B. All Other Providers. 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 aikomeye 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, servants, partners principals or,subcontractors. Provider shall pay all claims and fosses 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 ail 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. C. Tenn of Indemnification. The provisions of this section or indemnification shall survive the expiration or termination of this Contract VI. INSURANCE. A. Government Entity. if the Provider is the State of Florida or agency or political subdivision of the State as defined in Section 768.28, Florida Statutes, the Provider shall furnish to the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 76828, Florida Statues. The Provider shall also fumish the County, upon request, written verification of Worker's Compensation protection in accordance with Florida Statute 440. B. All Other Providers. The Provider shall furnish to Miami -Dade County, Office of Grants Coordination, 2525 N.W. 62 Street, 4ih Floor, Miami, Florida 33147, Certificate(s) of Insurance or written verification as determined by the County's Risk Management Division after review of the Scope of Services (Attachment A). The Certificate holder shall be listed as: Miami -Dade County, 111 N.W. 18T Street, Suite 2340, Miami, Florida 33128. The County shall not disburse any funds until it is provided with the necessary Certificate(s) or written verification (binders) and such documents have been approved by Risk Management.- The Certificate (s) shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: Worker's Compensation insurance for all employees of the Provider as required by Florida Statute 440. Page 3 of 17 (CB) Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Professional Liability insurance, when applicable, in the name of the Provider in an amount not less than $250,000. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than °Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oidwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to do Business in Florida," issued by the State of Florida OGC of Insurance and must be members of the Florida Guaranty Fund. Certificates of Insurance shall indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the Provider of its liability and obligations under this Section or under any other section of the Contract. The County reserves the right to inspect the Provider's insurance policies at any time during the term of this Contract. C. 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 the 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 not replaced 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 contract. VII. PROOF OF LICENSUREICERTIFICATiON AND BACKGROUND SCREENING. A. Licensure if the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to childcare, day rare, nursing homes, and boarding homes. Page 4 of 17 (CB) If the Provider fails to fumish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Contract may result in termination of this Contract. B. Background Screening. The County requires that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes and through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with juveniles. Pursuant to 985.01 2(a) Florida Statutes, "each contract entered into—for seances delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children... must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character..." in order to ensure this condition "(b) The Department of Juvenile Justice... shall require employment screening pursuant to chapter 435, using the level 2 standards set forth in that chapter for personnel in programs for children or youths." Pursuant to the above passages from Florida Statutes, it is required that all provider agency personnel working directly with children must have a completed Level 1 Screening response from the Florida Department of taw Enforcement that indicates that there has been no prior involvement in any of the disallowed conditions, before beginning work with client youths. Level 1 Screenings can be accomplished electronically on line with the Florida Department of Law Enforcement: www.fdle.state.fl.us/CriminalHisto In addition, recognizing that Level 2 Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving positive response/responses to any of the enumerated charges as defined in Level 1 and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level 1 was completed. If the Provider fails to fumish to the County proof that background screening Level 1 was completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. The County requires that only employees and subcontracted employees with a satisfactory background check as described in Section 435.03(3)(a), and through an appropriate screening agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in direct contact with the eiderly, disabled and persons with mental illness, in settings such as but not limited to adult day care center, assisted living facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within 30 days of execution of this contract, Provider shall furnish the County with proof that background screening was initiated/completed. If the Provider fails to furnish to the County proof that background screening was initiated within 30 days of execution of this contract, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. VIII. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance coded at Section 2 -11.1 at al. of the Page 6 of 17 (CB) 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. 1X. CIVIL RIGHTS. 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; the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §12103 et seq., which prohibits discrimination in employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.G. §1612, as amended; and the Fair Housing Act, 42 U.S.C. §3601 et seq. 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 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, 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. X. NOTICES. It is understood and agreed between the parties that written notice addressed to the OGC and mailed or delivered to the address appearing on page one (1) of the Contract and written notice addressed to the Provider and mailed or delivered to the address appearing on page one (1) of this Contract shall constitute sufficient notice to either party. Either party may at any time designate a different address andtor contact person by giving written notice as provided above to the other party. X4 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. XII: SURVIVAL. The parties acknowledge that any of the obligations in this agreement, including 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 and the County under this agreement which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. XIII. 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 the services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance required by this Contract or as determined by the County's Risk Management Division; (4) the Provider does Page 6 of 17 (CB) not furnish proof of licensurelcertification or proof of background screening required by this Contract; (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; (7) 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; (8) the Provider discriminates under any of the laws outlined in Section IX of this Contract; (9) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (10) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (11) the Provider attempts to meet its obligations under this contractt through fraud, misrepresentation or material misstatement; (12) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities; (14) the Provider fails to submit the Certificate of Corporate Status, Board of Directors requirement or proof of tax status; (15) (ails to meet any of the terms and conditions of the Dade County Affidavits (Attachment D) or the State Affidavit (Attachment E); 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 shalt not be deemed to be a waiver of any other breach and shalt 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: 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; or (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. On the effective date of suspension the Provider must immediately cease to provide services pursuant to this Contract. All payments to Provider as of this date shall cease. 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 an 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. Page 7 of 17 (CB) 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 and indirect costs associated with such termination or cancellation, including attomey'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 Mayor or the Mayor's designee is authorized to terminate this Contract on behalf of the County. D. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Contract by the County shall not be deemed a waiver of any rights or remedies, not 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 writing 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. No waiver shall constitute a continuing waiver unless the writing states otherwise. E. 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 County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attomey's fees. XIV. 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 Mayor or the Mayor's designee is authorized to terminate this Contract on the behalf of the County. Xvl. PAYMENT PROCEDURES. The County agrees to pay the Provider for services rendered under this Agreement based on the payment schedule, the line item budget, or both, which are incorporated herein and attached hereto as Attachment B. Payment shall be made in accordance with written procedures provided by the OGC and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40). A. Reimbursement and Advances. The parties agree that this is a cost -basis Agreement and that the Provider shall be paid through reimbursement payment based on the budget approved under this Contract (See Attachment B) and when documentation of service delivery is provided. An advance of up to twenty -five percent (250A) of the total amount payable under this Agreement may be paid to the Provider if approved in writing by the OGG, An advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing by the Mayor or the Mayor's designee. An advance up to the total amount payable under this Agreement may be paid to the Provider in one jump sum payment if approved in writing by the Mayor or the Mayor's designee. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment, it need not be accompanied by a detailed expenditure report The County shall have the sole discretion in choosing whether or not to provide any advance payments and is not obligated to do so under any circumstances. A Provider shalt limit its request for an advance to once during the term of this Agreement. If a Provider needs an additional advance for good cause shown it shall request it in writing from the Mayor or the Mayor's designee. Page 8 of 17 (CB) B. No Payment of Subcontractors. in no event shall County funds be advanced directly to any subcontractor hereunder. C. Requests for Payment. The County agrees to pay all budgeted costs incurred by the Provider which are allowable under the County guidelines. in order to receive payment for allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a Monthly Performance Report on forms provided by the OGC. The OGG must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the 15V' day of the month following the month for In which services were provided. The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly reports, the OGG shall make payment The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project. The OGG shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. When original documents cannot be produced, the Provider must adequately justify their absence in writing and furnish copies as proof of the expenditures. . D. Processing the Request for Payment. After the OGG reviews and approves the payment, request, the OGG will submit a check request to the County's Finance Department. The County's Finance Department will issue and mail the check directly to the Provider at the address listed on page one (1) 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 shall take a minimum of thirty (30) days from receipt, if support documentationfinvoloes are property documented. 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 payment by the County. Failure to submit monthly reimbursement requests in. a manner deemed correct and acceptable by the County, by the 15`" day of each month following the month in which the service was delivered, shall be considered a breach of this agreement and may result in termination of this Agreement. E. Final Request for Payment. A final request for payment from the Provider will be accepted by the OGC up to forty -five. (45) days after the expiration of this Agreement. if the Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attachment B which the Provider is obligated to pay after the close of the period for services provided within the term of the Agreement F. Closeout Reporting ProcesstRecapture of Funds. Upon the expiration of this Contract, the Provider shall submit Closeout Report documents to the OGG no more than forty -five (45) days after the expiration of this Contract These documents shall include a cumulative year -end summary of Provider's program performance, the Year -End Closeout Report and the Property Inventory Report. If after receipt of these documents, the OGC determines that the Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, the Provider shall return such funds to the County or submit appropriate documentation. The County shall have the sole discretion in determining if the Provider is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shalt be recaptured by the County. G. OGG Contract Management Guidance. All requests for payment will be processed pursuant to written instructions provided by the OGC. XVI. PROHIBITED USE OF FUNDS. Page 9 of 17 (CB) 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, 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. XVII. RECORDS REPORTS AUDITS MONITORING AND REVIEW. A. Certificate of Comorate Status. The provider must submit to the OGC, within thirty (30) days from the date of execution of this Contract, a certificate of status in the name of the provider, which certifies the following: that the provider is organized under the laws of the State of Florida; that all fees and penalties have been paid; that the providers most recent annual report has been filed; that its status is active; and that the provider has not filed an Article of Dissolution. B. Board of Director Re uirements. The Provider shall insure that the Board of Directors is apprised of the fiscal, administrative and contractual obligations of the project funded through the County by passage of a formal resolution authorizing execution of the Contract with the County. Failure to provide a copy of the resolution within 15 days of execution of this contract may result in termination of this Contract C. 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 most recent I.R.S,. form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the. Provider's fiscal year end; (d) IRS 941 - Quarterly Federal Tax Return Reports within thirty -five (35) days after the quarter ends and V the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) days after the quarter ends. D. Accounting Records. The Provider shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. E. Financial Audit If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide these documents to the OGC no later than one hundred eighty (180) calendar days following the end of the Provider's fiscal year, for each year during which this Contract remains in force or until all funds earned from this Contract have been so audited, whichever is later. F. Access 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. The Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours. The Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the County to insure compliance with applicable accounting and financial standards. The Provider agrees to maintain supporting documentation for all services provided under this Contract and shall submit such supporting documentation to the County upon request. G. Office of Miami Dade County Inspector General. Miami -Dade County has established' the Office of Inspector General which is empowered to perform random audits on all County contracts Page 10 of 17 (CB) throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally '% of 1 % of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. in addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program, may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. 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, 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 Independent Private Sector Inspector General (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's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original 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 dash, 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 subcontractors 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. H, 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 circumstance shall the Provider's budget and any changes thereto approved by the County, be inclusive of any charges 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 Page 11 of 17 (C8) 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. 1. Progress Reports. The Provider shall furnish the OGC with written monthly progress reports (Attachment F) on the achievement of its goals as outlined In its Scope of Services. The reports shall explain the Providers progress for that month. The data should be quantified when appropriate. Said reports are due by the 15u' day of the month following the end of each month. The final progress report shall be due forty -five (45) days after the expiration or termination of this Agreement. J. Monitoring: Management Evaluation and Performance Review. This section shall pertain only to Providers whose funding allocation under this Contract is more than $10,000 or whose funding allocation becomes more than $10,000 during the term of this Contract. The Provider agrees to permit County personnel to perform random scheduled monitoring, reviews and evaluations of the program(s) which is the subject of this Contract. The OGC shall monitor fiscal, administrative, and programmatic compliance with all the terms and conditions of the Contract. The Provider shall permit the OGG to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the OGC's findings will be delivered to the Provider and the Provider will rectify all 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 this Contract. The OGC shall conduct one or more forrnal management evaluation and performance reviews of the Provider. Continuation of this Contract or future funding is dependent upon satisfactory evaluation conclusions. K. Client Records. The Provider shall maintain a separate individual case file for each ciienttfamily served. lilts case file shall include all pertinent information regarding case activity. At a minimum, the case file will contain referral and intake information, treatment plans, and case notes documenting the dates services were provided and the type of service provided. These files shall be subject to the audit and inspection requirements under Article XVII Section F, G, H, and J of this Contract. L. Health Insurance Portability and Accountability Act Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of `individually identifiable health information (IIHI)" and/or "Protected Health information (PHI)" shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non - permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Provider and reasonable assurances that IiHI/PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; B. Making PHI available to the client for review and amendment; and Incorporating any amendments requested by the client; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books, and records related to PHI available to Miami -Dade County for compliance audits. Page 12 of 17 (CB) 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 give its clients written notice of its privacy information practices, including specifically, a description of the types of uses and 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. M. Disaster Plan /Continuity of 0. erations Plan (COOP), The Provider shall submit to the OGC an Agency Disaster Plan/COOP by April V of each contract year. if the Provider does not have a COOP Plan currently with the OGC (submitted within the past year) it must submit a COOP Plan within 30 days of execution of this Contract. The Plan should be updated annually. At a minimum, the Plan should describe how the Provider establishes and maintains an effective response to emergencies and disasters, and must comply with any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan is subject to review and approval of the County. XVIII. SUBCONTRACTORS AND ASSIGNMENTS. A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with unreasonably withheld, and that without subcontractors or assignees shall be be govema by the eirms and conditions of this Contract. B. 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 he subcontractors and suppliers on the form attached as Attachment G. Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment G without prior written approval of the County. 1} If the Provider will cause any part 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, but will be liable hereunder for all acts and negligence of he Subcontractor, its 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 R performed directly by the Provider. 2} state in Provider to the County the name of for he proposed Subcontractor, the portion of the Services which the Subcontractor is to perform, the place of business of such Subcontractor, and such other information as the County may require. The County will have the right to require the Provider not to award any subcontract to a person, firm, or corporation disapproved by the County. 3) Before entering into any subcontract hereunder, the Provider will inform the Subcontractor fully and completely of ail provisions and requirements of this Agreement relating either directly or indirectly to the Services to be 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 County, in addition to the other requirements herein provided, the Subcontractor must be prepared to Page 13 of 17 (CB) prove to 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 be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County that it has satisfactorily performed services of the same general type which is required to be performed under this Agreement. 5) 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 obligations under this Agreement.. All Subcontractors are required to protect the confidentiality of the County's and County's proprietary and confidential information. Provider shall furnish to the County copies of all subcontracts between Provider and Subcontractors and suppliers hereunder. Within 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, in the event the County finds the Contractor in breach of its obligations, the option to pay the Subcontractor directly for the performance 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. C. prompt payments to Subcontractors. The Provider shall issue prompt payments to subcontractors that are small businesses (annual gross sales of $750,000 or less with its principal place of business in Miami -Dade County) and shall 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), Section 2 -8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3 -19, and the Florida Prompt Payment Act, payments must be made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to small business subcontractors or adhere to dispute resolution procedures may be grounds for suspension or termination of this Agreement or disbarment. XIX. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS Provider agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State and the County orders, statutes, ordinances, the 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 for employment [and services] because of race, religion, color, age, sex, national origin, sexual preference, disability or marital status. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion 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 employees and applicants for employment, such notices as may be required by the Dade County Fair Housing and Employment Commission, or other authority having jurisdiction over the work setting forth the provisions of the nondiscrimination law. Page 14 of 17 (CB) c} ,Conflicts of interest" Section 2 -11 of the County Code, and Ordinance 01 -199. d) Miami -Dade County Code Section 10 -38 "Debarment". G) Miami -Dade County Ordinance 99 -5, codified at 11A-60 et. seq. of Miami -Dade Code pertaining to complying with the County's Domestic Leave Ordinance. f) Miami -Dade County Ordinance 99 -152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami -Dade County. Notwithstanding any other provision of this Agreement, provider shall not be required pursuant to this Agreement to take any action or abstain from taking 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, including but not limited to laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. XX. MISCELLANEOUS. A. Out of Town Travel. Costs for out -of -town travel are allowable, if they are useful for the administering of program activities. All travel must be approved by OGC two weeks prior to date travel is to be taken. B. Petty Cash. Community Based Organizations who establish a petty cash fund must maintain detailed support documentation. C. Publici . It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Contract shall recognize the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes 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, promotions, and stationery. The Provider shall submit sample or mock -up of such publicity or materials to the OGC for review and approval prior to using such materials. The use of the official County logo is permissible for the expressed purposes listed herein. The Provider shall ensure that all media representatives, when inquiring about the activities funded by this contract, are informed that the County is its funding source. 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. Modifications and Change Orders. Any alterations, variations, modifications, extensions or waivers of provisions 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. The County and Provider mutually agree that modification of the Scope of Services, schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be negotiated as a written amendment to this Contract between the parties. Page 15 of 17 (CB) The Mayor or the Mayor's designee is authorized to make modifications to this Contract as described herein on behalf of the County. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed change orders. F. Counterparts. This Contract is signed in five 5 counterparts, and each counterpart shall constitute an original of this Contract. G. 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. H. Totality of Contracf/Severability of Provisions. This seventeen (17) page Contract with it 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 B: Attachment C: Attachment D: Attachment E: Attachment R Attachment G: Attachment H. Attachment is Scope of Services Budget Payment Request Miami -Dade County Affidavits State Public Entities Crime Affidavit Progress Report (to be provided by OGC) List of Subcontractors and Suppliers Authorized Signature Form Acknowledgement Form (if applicable) 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 requirements of applicable law. Page 16 of 17 (CB) Control 9 Control 0 9- SMIA -HH -CB IN WITNESS WHEREOF, the parties have executed this Contract effective as of the contract date herein above set forth. CITY OF SOUTH MIAMI By: Name: Title: Date: Attest: Au rized Person OR Not Public Print Name: h2 Title: Corporate Seal OR Notary Seal/Stamp: otarytaup®6au�n7an0.v0e m:5 Ew12Xd0Pr1M1MEM8 I 310t 6p :0obet5,2011 0 a MIAMI -DADE COUNTY By:.. Name: Date: Attest: HARVEY RUVIN, Clerk Board of County Commissioners Print Name: , i�° rk. w '.t�'•9Yy 1 •sn• �M,�D�' AF _.401 .. Page 17 of 17 (CB) ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter] SECTION I: GENERAL INFORMATION Name of Organization: City of South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305- 668 -7231 Fax Number: 305- 668 -7388 E -mail Address: Gaarcia0citvofsouthmiami.net Fiscal Contact Person: Ana Larzabal Phone Number: 305 - 669 -0712 Fax Number: 305 =667 -1758 E -mail Address: Alarzabai()citvofsouthmiami nef Contract Amount $18,400.00 Contract Period; October 1 2008 — September 30.2009 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: _South Miami Senior Meals -- Describe the program and services and how program funding will be used: ATTACHMENT A SECTION lil: PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [i.e., 3 hours of after school care for twenty -five (25) children ages 5 —10, one home delivered meal for 50 seniors every day (18,250 meals)]: 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 ail 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 completion of each objective C.e.,75% of children attending after school tutoring program will increase their reading score by a full letter grade as measured by pre and post-testing during the contract year)). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: 2 of 3 ATTACHMENT A SECTION Vl: PERSONNEL I understand that while this information represents a performance projection; I must receive approval from Miami -Dade Office of Grants Coordination prior to any operational or performance variations. Grants Writer &Admin. Carol Aubrun Grants Writer & Admin Signature and Title of Person Compieiing Form Print Name and Title 3 of3 a O R 0 S a O O in ry, wl — — — — — — — — — — — — — — — — t7 m O — — — — — — — — — — O — — — — O -- ------- — ---------- --- --- ------------ 9H a City of South Miami Senior Weekend Meals Program with Miami -Dade County October 1, 2008 — September 30, 2009 DIRECT COSTS Other Direct Costs {Food L618,400.00 This line item will cover the Weekend Senior Meals for up to 60 seniors in the South Miami Senior Center. Each senior will receive two (2) meals each weekend delivered to their door step. 60 seniors x 2 meals per weekend =120 meals. 120 meals X 44 weeks = 5,280 meals total. The cost per meal Is estimated at $3.50 based on previous contract year. TOTAL AWARD: $18 400.00 Page 1 of 1 ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter) SECTION I: GENERAL INFORMATION Name of Organization; City pf South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305 -668 -7231 Fax Number: 305- 668 -7388 E -mail Address: Cgarcia0citvofsouthmiami.net Fiscal Contact Person: Worrell Troup Phone Number: 305- 668 -7232 Fax Number: 305- 668 -7388 E -mail Address: Wtrouo cityofsouthmiami.net Contract Amount: $38,260.00 Contract Period: October 1 2008 — September 30, 2009 SECTION ii: PROGRAM NARRATIVE Descriptive Program Name: The After School House (Tutoring) Describe the program and services and how program funding will be used: ATTACHMENT A SECTION III.• PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [i.e., 3 hours of after school care for twenty -five (25) children ages 5 —10, one home delivered meal for 50 seniors every day (18,250 meals)): 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 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 completion of each objective [i.e.,75% of children attending after school tutoring program will increase their reading score by a full letter grade as measured by pre and post-testing during the contract year)). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: .. .,__ c_,....:....d l+:F.. Pnmmiccinn maetinos_ the email andWeboage 2of3 ATTACHMENT A SECTION W PERSONNEL I understand that While this information represents a performance projection, I must receive approval from Miami -Dade Office of Grants Coordination prior to any operational or performance variations. Utz' Grants Writer & Admin. Signature and Title of person Completing Form 3 of Carol Aubrun Grants Writer & Admin Print Name and Title �I n 3 z m O 6 3 O. N -� '9 © Sj �J^• (j GS Q� a�p GNP^ C1 ° (SI C M V 4 � YY V 9 T T 'A T fn Tl T L 0 'il W 'ppO T N 9 '�i ;• 0 � f Yt V _T O C - w `- m� m n n = N o o A 0 y o S O O S m C n O 7 T � a O 3 m p 0 w ro Tb 01 ° � 6 P m A G m n `2 N O h � D N O O O O 6 O O O O O tJ 0 e 9 0 a m i O H a � N O NN o b a o o a .q y N N,i � M 3a�= S O O P �I n 3 z m City of South Miami After School House Program with Miami -Dade County October 1, 2008 — September 30, 2009 DIRECT COSTS Personnel: Salaries Teachers /Instructors ($37,440): These fine items represent the salaries of three (3) part -time teachers /Instructors. These teachers /instructors will dedicate 50% of their time to students enrolled in the After School House Program. These teachers /Instructors will provide tutoring and homework assistance for children participating in the program. Grant funds are being charged 50% of these positions' salaries. The teachers are part-time employees and do not receive fringe benefits. Other Direct Casts (Snacks) ($810.001: This line Item covers a portion of the cost of snacks for the Altar School House Program and costs of Saturday School Breakfast during our Saturday FCAT Academy Sessions. Page 1 of 1 soam,�iant (x�� t ~ CITY OF SOUTH MIAMI JOB DESCRIPTION JOB TITLE: Instructor DATE REVISED: 10/1/2008 REPORTS TO: Recreation Supervisor FLSA STATUS: Non - Exempt GENERAT,SUMIVIAI2Y Teachers are responsible for delivering effective, high- quality, rigorous instruction in their content areas that produce excellent results and student understanding. Employee receives general supervision with independence allowed in performance of routine tasks and supervision of subordinates. Will also be responsible for administering homework assistance, tutorial activities through computer aide and creative learning techniques. SUPERVISION RECEIVED & EXERCISED Works under the supervision of the Recreation Supervisor. General and specific assignments are received and some independence is exercised in the performance of duties and is the selection of work methods_ Work is subject to review for compliance with City and departmental policies, procedures and objectives. May supervise and "provide technical guidance for recreation aides, recreation leaders, assigned special instructors, and program volunteers. 4 DUTIES AND RESPONSIBILITIES :• Deliver exceptional standards -based instruction in assigned content area(s) and grade level(s) that ensures academic growth for all students. Master the necessary content knowledge and skills to successfully teach assigned content area(s) and grade level(s). :• Develop daily and unit lesson plans and a scope and sequence that are thoughtful, goal - oriented and aped with curriculum and carefully plan for substitute teachers when unable to attend school. `v Develop positive appropriate relationships with students, including explicit recognition of their growth (e.g., positive calls home, positive notes, etc.). Regularly assess student mastery of key skills and concepts and use this data to differentiate instruction to meet student needs. + Maintain accurate, thorough records of student achievement and behavioral performance. A Communicate regularly with parents and be available for Open Houses and other events involving parents. • Supervise students and check homework, ensure students' academic progress and serve as a primary point of contact for parents. Maintain a neat, clean classroom environment. 'r Responsible for maintaining progress reports with the schools in an effort to review the children's ongoing progress. Assists with a variety of tasks assigned by the Recreation Supervisor. AIEVIMUM QUALIFICATIONS REQUIRED Bachelors Degree required. • A comparable amount of training or experience required. i Must possess a valid State of Florida's Driver's License. KNOWLEDGE, SKILLS AND ABILITIES REQUIRED TO PERFORM JOB Working knowledge of modern office practices and procedures. •'s Proficiency in Microsoft Windows 95, Microsoft Word or Word Perfect, Excel, Lotus, Microsoft Outlook. Ability to maintain confidential and sensitive information. Ability to communicate clearly and concisely both orally and in writing. o Ability to effectively meet and deal with the public and the ability to handle stressful situations. MV Rev 06/2008 \ \ / E m » " \ @ - � 6 � \ � ! • . MIAMI -DADS COUNTY OFFICE OF GRANTS COORDINATION MONTHLY SUMMARY OF EXPENDITURES REPORT AWARD INFORMATION 'complete all sections noted with - - AOency Name -: Project Name: PREPOPULATE TomlAWard ARmum: PREPOPULATE Address"-: Agreement Period: Ocmbar9.2008 -September. 302009 Ordinance No: PREPOPULATE Index No: PREPOPULATE Contact Parcae": Telephone"": Today's DamW": BUDGETED AMOUNT/ MONTHLYACTUAL EXPENDITURE AMOUNT "North W.V. Operating expenses for the Montt of !aze outlined in Column 2 below: t 2 S b DIRECTCOSTS: Position Fringes Position Fringes Position Fringes Position Fringes Tmvet Supplies Equipment Contractual service Omer Direct Costs Other Direct Costs other Direct Cents Sold INMREOTCOSTS: Position Fringes Position Fringes other Indirect Cost other Indirect Cost To Page 1 of 2 Monthly Expenses Y.T.O. Expended Contract Balances .00 -"�- `$0.00 $0.00 $0.00 $0.00 $0.00 $000 .00 SO.DO $p,0p $0.00 50.00 $0.00 50.00 $p, 50.00 SD.00 0 0 $w$S0O0....0W S$S$$$$$$O00 0000Oq o $$$Sxd0001.....0000 0o0 0 0O0Og0.. .A... w 0 00 O $0.00 0 0 $0.00 D $0.W $0.00 p 0 $0.0o 0 $A $0.00 50.00 $0.00 $oA0 $0.00 $0.00 $0.00 $O.W $0.00 $0.00 so-OD $0.00 50.00 $0.00 $0.00 $0.0D $0.00 $0.00 $O.QO $0.00 $0,gp soo0 SOHO .00 0.00 .O0 AUTHORIZATION I hereby codify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above: DATE PRINT NAME PRINT TITLE SIGNATURE OotmWIDepaHment Use Only C.O. TBQ EHQ ALQ NRQ QOTHER ODQ sJQ YMQ &SE_j Q OTHER BGQ W0 ANQ QOTHER AGENCY NAME I MONTH Q OCT. 2008 Q JAN, 200.4 Q JAN, 200.9 Q NOV. 2908 Q FEB, 2009 Q FEB, 2009 Q DEC, 2008 Q MAR, 2009 Q MAR, 2009 RECEIVED BY TO OG Q Q OTHER MDQ Q OTHER MV❑ Q OTHER Page 2 of2 ❑ JAN, 2009 Q FEB, 2009. Q MAR, 200e Mlarril-Dade AAffidavits) Department of Procurement Management Vendor Assistance Unit 111 NW 1e °Street, suite 1900, Miami, Florida 33128 -1974 Telephone: 305.375 -5773 Fax No: 305- 375 -5409 ,fir ysa miamidade 92VIdam Complete the Vendor Affidavits Form to update affidavits prevfous0^ submitted with the Vendor Regfs7adon Package. it Is the vendor's resporiabltity, to keep all affidavit Information current, complete and accurate, by submitting any modifications to the Department of procurement Management, VeadarAssistance Unit. FEDERAL EMPLOYER JOENTIFZCATIoN NumBER (FEIN) In order to establish a file for your firm, you must enter your firm's FEIN or if none, fire owner's SOCIal Security Number. firs number becomes your "County Veada Number,. please enter your Federal Employee idemlficatlon Number (FEIN). 2t, your Social Security. Number (SSN). ❑ S.S.N. Name bf Entity, Individual($), Partners, or Corporation D ing Business As (if same as above, blank) ,5up,d br' 0 1 t (� 331g3 1200 5 i i Street Address (Past Office- addresses are not acceptable) 1. MIA"_DADE COUNTY OWNERSH1p DPSCLOSURE AFFIDAVIT (Sec. 2 -$,1 of the Miami-Dade County Code) a. Firms registered to do business with Miami -Dade County must fully disclose their legal name, physical address and ownership. Publicly traded Corporations are exempt from this requirement, but must indicate by letter that it is a Publicly Traded Corporation and Include the name of the stock exchange market and symbol where registered. If the contract or business. transaction Is with a corporation, the full legal name and business address shall be provided for each officer and director and. each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock If the contract or business transaction Is with a trust, the full legal name and address shall be provided for each trustee and each beneficlary. (Post Office addresses arc not acceptable). (Duplicate page if needed for additional names). ppIf no offcer, director or stockholder owns (5 %) or more of stock please mite "None`0 below. ADDRESS % GP FULL LEGAL NAME ME OWNERSHIP b. Provide the full legal names and business addresses of any other individuals (other than subcontractors, material men, suppliers, laborers, or lenders) that have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business trra,.nsanion with Miami Dade County (Post Office addresses are not acceptable). if rmane ,please indicate in space below: FULL LEGAL NAME IMF ADDRESS atNNER3Ft9' A /ss /zoos 2. AA£ AMID ADECOURIFYEMP LOyMUffDUCLOSUREAFfiDAV(r (County Ordinance No. 90 -133, amending Section 2.8.1(d)(2) of the Miami -Dade County Code) The following information is for compliance with all Items in the aforementioned Sectlom 1. Doer your firm have a wileaivo bargaining agreement with ik I omployeesi Yes No 2. Does your fkm'provide paid heolns care banefhc farm empioyees7 NO Yor 1 Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White Black Hispanic Other Malec ((�j Males ' Males �-f� Males Female, 1(J remotes t,/w Females ^-7 Femolas �. Mykitieu o taawfodga that Ihavee read ne, eiareow dlorwd requfrom id- andthe mitfyk H coolgoac . 3. WAMt-iPADECOUWyEMP.ioYPAENT0RUO -FREE WORKPLACECERTIFTCAT(ON (Section 2.8.7.2(6) of the Miami- Dade County Code) Aft persons and entities that contract with Miami -Dodo County are required to certify that they will maintain a drug -free workplace and sudr Persons and entitles are required to provide notice to employees and to Impose sanctions for drug violations aaurring in the workplace. In compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, the above named firm is providing a drug -free workplace..A written statement to each employee $4011 Inform the employee obouh 1. Danger of drug abuse in the workplace 2. The fhms' polky of maintaining a drug -free environment atoll workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be Imposed upon employees ford" abuse viofonotes The firm shall aim 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 otimim" drug conviction Occurring no later than five (5) days after receiving notice of such conviction and Impose.appropdato personnel action against the employee up to and incfvding termination. Firms may aim comply with the County's Drug Free Workplace Certification where a person or entity Is required to have a drug -free workplace policy by another local, state or federal agency, or maintains such a policy of ft own accord and such policy meets the intent of this ordinance. Im My§uAaok"Wielke twthave read the dirroennenedrequkr k and the euHryktn compGarsce. N.�._7 4. RAtAMf- DADECOUNTYDISABTL ITY AND NONDISCRLMIMAT(ONAFROAVIT (Article 1, Section 2.8.15 Resolution R182.00 Amending R- 385 -95 of the Miami -Dade County Code) Firms transacting business with Miaml -Dade County shall provide an affidavit Indicating compliance with an 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 with, and assure that any subcontractor, or third party contractor shall comply with all applicable requirements of the taws including, but not limited to, those provisions pertaining to employment; provision of programs and services, transpod'anon, communications, access to foclifties, renovations, and new construmion. The American with Disabilities Act of 1990 (ADA), Pub. L. 701 -336, 104 Stat 327, 42 U.S.C. Sections 225 and 611 Including Titles 1, If, III, IV and V. The RehabRitatlon Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended, 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631 T,hqrebv affirm thot I am in o • nE With the beb' snrR ns• Secfan 240:4(4)(0) of the Code of Miami -Dade County (ordinance No. 82 -37), which requires that oil property licensed archhedurai, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Mldmi -Dade County. Secliort 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 an affhmattve action pion and procurement policy on file with MiamhDade County. Firms that have a Board of Directors that are representative of the population make -vp of the nation may be exempt. MyWtlafr er�owtedge that /have read the aforemmHonedragvkomenh mdNre mNfyirN comp &mesa '12;Aaae 5. M AMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami -Dade County Code) Firms wishing to do business with Miami -Dade County must certify that its contractors, subcontractors, officers, principals, stockholders, or affiliates are not debarred by fhe County before submitting a bid, 1, confirm that none of this firms agents, officers, princpals, stockholders, subcontractors or their affiliates are debarred by Miamf -Dade County.. %y1M�dt ackrwwledge Nwtlfwve read the a(orenenfioned reyviraoanh and fhe anHfy #hr eanph'anea 1 ""'1 6. MiAMtt.DARE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT ($ectton 2 -8.1 of the Miami -Dade County Code) Firms wishing to transact business with Mfamf -Dade County must certify that all delinquent and currently due fees, tuxes and parking tickets have been paid and no individual. or amity in arrears in any payment under a contract, promissory note or other document with the County shall. be allowed to receive any new business: I, confirm that all delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and local Susfsiess Tax Recelpt collected in the normal course by she Miami -Dade County Tax Collector and County issued poddng tickets for vehicles registered in the name of the above' firm, have been paid. contract, promissory atnote or other document with Sec the County shall be quires that no individual new bus that is in arrears In any payment under a Myhdtla# acknowlndo. that Thaw, Trial` the okremortlionud regufrN,sen# andthe enityl, In rnroposuce• 7. MIAMI- DADE COUNTY CODE 'OFB(WNESSETkHCSAFFIDAVIT o{ fic County Coda and County Ordinance Ka 00 -1 (Article 7, Secion 2 -8.7 (i) and 247(b)(7) of the Miami -Dodo County Code through (b) and (9) amending Section 2 -7 1.1(c) of the County Code) Firms wishing to transact business with Miami -Dade County must codify that it has adopted a Code that complies with the requirements of Section 28.1 of the County Code, The Code of Bushels Ethics shall apply to all business that the Contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regulations. i confirm that this firm has adopted a Code of bustriess ethtcs which complies with the requirements of Sections 2 -8.1 of the County Code, and that sudr code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comp with all applicable governmental rules and regulations, IAy7aifio# oehreowkdge Nrot I bare readHa rdoremMtlonedrogulranrenh amt Ifie enHtytr 1n compAmrce ___— 8, MAMF -DADECOUNTYFAWLY LEAVE AFFIDAVIT (Article V of Chapter 11, of the Miaml -Dade County Code) Fhms contracting business with Miami -Dade County, which have more than fifty (50) employees for each working day during each of twenty (20) or more Work weeks in the current or preceding calendar year, are required to certify Mat they provide family leave to their ampfoyees- anfftodxd agent) that it does not have the minimum number of employees requ led bylthe County Codeut must Indicate 6y letter (signed by an f confirm that if applicable, this firm complies with Article V of Chapter to It of the County day ode, which ach of requires that firms (2) or contracting business with the Mtaml -Dade County which have more than fifty (50) employees current or preceding calendar year are required to certify that they provide family leave to their employees. Myhr7tla& a<hnowJodga Thai l h..,vo ithe oforemantfonedragairemonh and l6e eWf1yh In mmPh^rtce. 9. Mf AMT- DADE COUNTY LIVWG WAGE AFFIDAVIT (Section 2 -8.9 of the Mfamf -Dade County Cork) All applicahle contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the County Code. which confirm that if with Mfamt Dade)County shall pay the prevailing ll ing wage required yy thersection of the County CodePlicabte employers entering a My lnlNd, ddaWwiedgothat l hove read the atnrenmoTenedregalremen# and the enittyi, In anomoto. P -'v 4/23/2om 10, ANAr4 WADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8, Section 1 TA -60- I IA -67 of the Mtami -Dade County Code) Firms wishing to transact business with Mfoml -Dade County most certify that it is in compliance with the Domestic Leave Ordinance. I confirm that if applicable, this firm complies with ffie Domestic Leave Ordinance. This ordinance applies to employers that have, In the regular course of business, fifty (50) or more employees working In Miami -Dade County for each working day during the current or preceding calendar year. afylnrdatr ackoowMdge hSatfkave raadtho akrnmenNomrdr¢gv7ronwnh and the wMtyrr In campffm¢e. AFF,f,�Aq�_pISTIJ 1, being duly sworn, do attest under penalty of perl'ury that the entity is In compliance with all requirements outlined to the Mfami -Dade County Vendor Affidavits 1 – 10, pages 5 through 8 of this Vendor Registration Package. I also attest that I will wmply with and keep current all statements sworn to In the above affidavits and registration application. I will notify the Mfaml-Dade County, Vendor Assistance Unit, Immediately if any of the statements attested hereto are no longer valid. (StgnaWre f am) - �— (Data) N1OTARY PUBLIC INFORMATION Notary Public– Stake Of. '�"b � State County of 3 h day of rb- 20 C/E SUBSCRIBED AND SWORN 7tl for afffrmedj before we this `''� c7x by 4 V , g %(b d0- 84 j h HHe or she is personally known to me NB) Or has produo¢d fdentifloafran Type of Id¢ntifiartion Produce �17 7fJf- 1 ! d i ",/( (�:25 Signo /r of Notary Public _ (Seri WENOAA.PAYNE ,'ur .t{.� lb� i k my COMMfS51014 il DD 714025 EXPIRES:OCtobar6, 261as I V'TPrint or amp-1or N�tar lry Public piraflo Doi¢ Rt r 41N120M ATTACHMENT E THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER. OFFICIAL AUTHORIZED TO ADMINISTER OATHS I. This sworn statement is submitted to iIf ,4,22 for �I mot' sou- m (Print Name of entity submitting sworn state/ neat) t whose business address is to ['� su.lil'�'"d .f�Yt l/� I aC? and if applicable its Federal Employer identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 2, i 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 transactions of business with any public entity or with an agency or political subdivision of any other state or with. the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 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 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contenders. 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 came; 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 another 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 .am 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 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 an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (Please 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 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, not 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 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). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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 THAT 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 CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. � (Signature) Sworn to and subscribed before me this c day of J�CCA y 2011—. Personally known OR Produced identification Notary Public - State of My commission expires (type of identification) ATTACEMNT G (Ordinance 97-104) I've Marne of Organization: l t fro tgr�ct` ,Redress: mi"Iml'ir6331�� in compliance with Miami -Dade 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 We 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 "NiN'. NAME OF SUBCONTRACTOR OR.SUB- CONSULTANT ADDRESS CITY AND STATE o 4�-4' EK* s . s •.. In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit a list of suppliers who will supply materials for the Scope of Services to the 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 "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE l hereby certifythat the foregoing information is true, correct and complete: Signature of Authorized Representative, Title: C rGLVtd ``f� Date: Firm Name: �' ° or Sge c l t Jt �ti�r7� j Fed. ID No 6000 Ldp! Address: fat` 7 SLCA bn V,� City /Statelzip, d-4-f2-fl'€cQ Telephone: (35573 °l�3 Fax (163 -�5" small:��icenl.��ntidarc "l V .Page 1 of i Office of the City Manager DATE: 12117/2008 Inzr Soup Or�tt ESr`� AUTHORIZED SIGNATURE FORM This fornr certifies the names, titles and signatures of individuals authorized by the service provider's by- laws or board resolution to sign contracts, checks, budget revision requests, payment requestsi and any other requests that are required by the Office of Grants Coordination for disbursement of funds: These signature authorizations are retained by the Office of Grants Coordination for auditing purposes. Service Providers are required to submit updates to this list as they become necessary. NAM- tulease tvael TITLE (please tune) SIGNA'IUItB prime Contracts and Subcontrac #s f✓�� Mr. W.AjibolaBalogun City Manager 3111 BudgetRevisionRenuests Mr. W.AjibolaBalogun City Manager Finance Directoru/"�"`^" Mrs. Matilde Menedez IV. Pavment Reenests boIa JWogun City Manager _ t Mrs. Matitde Mendez Finance Director _ C% South Miami A14AmetiGe ply 2001 6130 Sunset Drive South Miami, Florida 33143 -5093 o Tel: (305) 663 -6338 > Fax: (305) 663 -6345 www.cityofsouthmiam i.net Attachment I AGKNOWLEDGMENT FORT The undersigned, as the duly authorized signatory for the Provider, by signing the Acknowledgment Form acknowledges and agrees that the county is only responsible for a percentage of the maximum amount payable bFasedeon the Provider's already determined Performance Grade b e � �l pn( be due, if at Provider acknowledges that the maximum amount pay Y all, when the County in its sole discretion determines that the Provider has successfully satisfied all of the terms and conditions of the corrective action plan issued by the County for each service program within six (6j months from October 1, 2008. CITY OF SOUTII. MIAMI 8y: Name: Title: Date: Attest: qut 'zed Person OR Nota Public Print Name: t��Q Title, K'P�� NKENGA A. PAYNE y "' '•:;= MYC6MMI6510NAOp7i4C25 Corporate Seal OR Notary Seal /Scamp: �� EXPIRES: odoher 5, zot+. '�:ara,�^ eonaoernmNmaryPUwmU{eereme� Attachment I ACKNOWLEDGMENT FORK[ The undersigned, as the duly authorized 'signatory for the Provider, by signing the Acknowledgment Form acknowledges and agrees that the County is only responsible for a percentage of the maximum amount payable based on the Providers already determined Performance Grade of —C, Further, the Provider acknowledges that the maximum amount payable will only be due, if at all, when the County in its sole discretion determines that the Provider has sued successfully the the service programswith n six corrective (6) vmonths plan October 1, 2008. CI'T'Y OF sOUTH MIAMI By: --- Name: VV- Aiibda i�aaiyctu�t Title: ' &na Date: Attest: Au sized Person OR Not Public Print Name.t2 Title: — �...) 9m] AA.PAYNE, SIONNOp�p1�25' ; OGOber S, 'Corporate Seal OR Notary Seal /Stamp:msry ?u�cumo tees RESOLUTION NO.. 174 -07- 1255:9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT WITH MIAMI - DADE COUNTY BY AND THROUGH ITS DEPARTMENT OF HUMAN SERVICES FOR A MAXIMUM AMOUNT OF $72,000.00 FOR THE.AFTER SCHOOL HOUSE'S PROGRAMMING AND TUTORING SERVICES; PROViblNG FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to continue to accept the grant from the Miami -Dade County by and through its Department of Human Services-, and WHEREAS, the Amendment will continue the grant for the After School House's programming and tutoring services, NOW,. THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 9; The Mayor and City Commission authorizes the City Manager to execute a grant amendment with the Miami -Dade County by and through its Department of Human Services Section 2: The attached Amendment is made a part of the resolution. PASSED AND ADOPTED this -,/j'4. day of . 2007. A EST: -CLERK READ AND APPROVED AS TO File Name antl Path COMMISSION VOTE: 5 -0 Mayor Feliu: Yea . Vice MayorWiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea COMM 1F PSA607 - -24 AMENDMNT #1- TO 2006 -2007 CONTRACT BETWEEN 1NdT Uffi -ADADE COUNTY AND City of South Miami Mami -made County by and through its Department of Human Services located at 2525' NW 620 Street, 4_th Floor Maori Florida 3314.7 (hereinafter called "tho County") and a of. South Mg m- located At 6130 Sunset Drive South Miarri Florida 33143 (hereinafter called "the Provider) hereby agree on. this : . a�j f 20Q f to amend the Agreement. dated March 6 2007 between the County and. Provider (hereinafter called "the Agreement ") and therefore makes the following ieeitA& WHEREAS; the County and the Provider entered into the Agreement for the provision of Social/13uinat, services; and WBEUAS;. the Agreement allows for amendment by written consent of the County and the Provider; NOW, THEREFORE, in consideration of the mutual covenants recorded herein and made part of this Amendment, the County and the Provider agree to the amendment as follows: L A'; TACWAENT A4 Scope of Services, of the original agreement shall be stricken in its entirety and replaced in its entirety with Attachment A of this Amendment, which. lies been designated.Attachmeni A, Amendment#i', H. ATTACiMIM NJ B, Budget, of the original Agreement shall be stricken in its entirety and replaced in its entirety, with Attachment B of this Amendment, which has been designated Attachment B, Amendment 4L M. EFFECT TERM, Both parties agree that the effective term of this Agreement shall be froze yan uary 1, 2007 to &Ptewber'l -0 20011. 1V_ AB40U VT PA kABLE is amended to read.: {y Subject to available funds, the maximum amount payable for service$ - rendered under this Agreement shall not exceed $78,000; of which $L&2-5-0 repre- 6t9ithe FX 07 -08 award. Both parties. agree that should available County fundigg be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County_ »s .y I of FY 2006-2007 Provider Amendment 01 If any conflict in language exists between the Agreement and this Amendment 01 the language in this Amendment #- , I shall prevail. vi. All tenns and conditions of the Agreement not affected by this Amendment #1 are still in full force and effect. Vn. This Amendment #1 is hereby made a part of the Agreement and is binding upon the Coonty , and the Provider.. 2 of 3 CoqN,fROL;jj P90607-24 FY 2096-2007 Provider Amendinent 41 IN WYMSS WBOMOri, flie-.parties hereto Wtve caused this three (3) page amendment W be executed by their officials thereunto duly authorized. (SEAL) '1 14 , I . � . 1. ATTEST: I AGENCY By* nature of Autiaorized Rwiosmtafiv /V fl oe 'r Mc, Type or Print Name Will, By., L—G--C'uc�% 0 ,-- --ce;rly��pe �®r Print-Name Rev. 5/07 1, m By: (Signature V) Type of Ptilit Name MIAMI -DADS COUNTY, FLORIDA , COUNTY MANAGER ,3 of and RESOLUTION NO.: 12-07-12397 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY. MANAGER: TO EXECUTE A FISCAL YEAR .(FY) 2007 GRANT AGREEMENT WITH THE. MIAMI -DADE COUNTY °DEPARTMENT OF HUMAN SERVICES FOR A MAXIMUM! AMOUNT OF $33,750 FOR THE AFTER, SCHOOL PROGRAMMING AND TUTORING SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS,, the Mayor and City Commission of the Cifiy.o€ South Miami wish to accept FY 200:7 grant funds from the Miami Dade County Depakrh4nfof Human. Services; and WHEREAS, the grant will provide funds for affer:schooi tutoring and homework assistance; WHEREAS;, the Mayor and City Commission authorize the.Gity Manager to execute the grant contract for FY 2007 Department of Human Services Grant withlhe Miami -Dade County Department of Human Services. NOW, THEP15VORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:, Section 1, That the City wishes to accept the FY 20b' award from the Miami -Dade County Department of Human Services. Section 2 That the Mayor and City Commission aiathdrixe the City Manager to execute the FY 2007 grant contract with the Miami -Dade County Department of Human. Services. Section 3. The attached exhibit is incorporate by refsrencs into this resolution. PASSED AND ADOPTED this 4 day of _,2007. ATTEST: CITY CLERK =�AN . �� O k k E q AS t7RM 017 MRNEY include Pile Name grid Patb ,..•s s COMMISSION VOTE. " "J 5 -0 Mayor Horace Feliu yea Vice Mayor Randy G. Wiscombs yea Commissioner Jay Beckman yea Commissioner Marie Brits Yea Comm. issionpr Velma Palmer yea PS0607 -24 MIS- JiDADE DEPARTMENT OF i37Ji11>IAN SERVICES SOCIAL SERVICES CONTRACT This Contract, made this 67� day o£� Y� . , 200 by and between Miami -Dade County,, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Department of Human Services (hereinafter referred to as "Department" ), located at 2525 P7W 62`4 Street, 4°i Floor Miami Florida 33147. and .City of South Miami having offices at 6310 Sunset Drive Miami FL 33143 (hereinafter referred to as "Provider ") states conditions and covenants for the rendering of social and/or crime prevention services (hereinafter referred to as "Services ") for the County. iXrflEREAS, the Home Rule Charter autborizes the County to provide for the uniform health and welfare of the residents throughout -the County and further provides that all functions not otherwise specifically assigned to others underthe Charter shall be performed under -the' supervision of the County Manager; and WBEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability to provide these services; and Vd F'.REAS, the County is desirous of assisting the Provider in providing those services and the Provider is desirous ofproviding such services; and WMREA s, the County has appropriated funds through Ordinance 05 -173 to the Provider for the, proposed services; WBEREAS, the County has appropriated Rinds to the Provider for the proposed services, NOW, TFTEREFORE, in consideration of the,mutiial covenants recorded herein, the patties hereto agree as follows: L Ai4 ouNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $33,750. Both parties agree that should available County funding be reduced, the amount payable under • this Contract may be proportionately reduced at the option ofthe County. M SCOPE &DP SERVICES: The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider will implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the Department in writing, 1IL BUDGETS 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. X of 16 C3 The provider may sbi . riznds between line items not to exceed iAAeen percent (15 %n) of the total budget by submission of a Budget Modification Request to the Department for approval., Variances greater than fifteen percent (15 1/o) in any line item shall require prior approval, and a budget modification approved by the President or Vice President of the provider as well .as the Department. The Budget Modification shall replace Attachment B. In no event shall the budget include a line item for indirect costs in excess of fifteen percent (I5 %o).of the total budget. If the budget includes a line item for indirect costs of less than fifteen percent (15 %), then the Provider must support such expenditure with proper documentation. 'Elie Provider may amend the budget no more than twice during the term of this Contract. A final budget revision must be submitted. 45 days prior to.the expiration of the Contract. IV. EFFECTIVE TERNS. The effective term of this Contract shall: be from ,Ianuam 1, 2007 or When executed by both parties, whichever is later., to September 30, 2607. V. MEit NUICA.TION BY PROiqDER. A. Government Entity. Government entity shall in:4omnify and hold harmless the County.aizd'its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's 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 tho,Contract by the. government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity 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, mid attorney's fees which may issue thereon. Provided, however, this inlernniftoation shall only be to the extent and withia the limitations of Section 758.28 Florida Staf, subject to the provisions of the Statute whereby the government entity shall not he field liable to pay a, personal injury, or property damage claim or judgment by any one, person which exceeds the sum of $100,000, or anyolaim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the goveriancnt entity arising out of the same incident or occurrence, exceed the stun of $200,000 from any and all personal injury or property damage claims, Iiabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. All Other Providers. 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 perfonnanee of this Contract by tile, Provider or its employees, agents, servants, partners principals or sut continctor's, 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 hovider 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. 2nfI6 CP C. Term of Iiideiiwifieation. The provisions of this secr,un or indemnification shall survive the expiration or termination of this Cozitract. VI. TNS-QRAIIC'E. A. Government Lntity. If the Provider is the State of Florida or agency or political subdivision of the State as defined in Section 768,28, Florida Statutes, the Provider shall furnish to. the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes, Nothing herein shall be construed to. extend any party's liability beyond that provided.in section 768.28;.Plorida Statues. B. All Other Providers, The Provider shall furnish to. Miami Dade: County, Department of Human Service's, 2525 N.W. 62 "a Street, 4' Floor, Miami, Florida 33147, Certificates) of Insurance or written verification as. determined by the County's Risk. Management Division after review, of the Scope of Services (Attachment A). The County shall not;disburse any funds until it is provided with the necessary Certificate(s) or written verification (binders) and such documents have been approved by Risk. Management. The Certificate (s) shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: . Worker's Compensation Insurance for all employees of the Provider as required by Florida Statute 440. Public Liability Insurance on a oomprchensive basis in an amount not less than $300,000 combined single Limit per occurrence for bodily injury and property damage, Miami -Dade County ,must be shown as an additional insured with respect to this coverage. Amornobile Liability Insurance covering all owned, non - owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Professional Liability Insurance, when applicable, in the name of the Provider in an amount not less thatf $250,000. Insurance policies required above stall be issued by companies authorized. to do busihess under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's hnsurance Guido, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Itislc Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to do Business in Florida;' issued by the State of Florida Department of Insurance and must be members of the Florida Guaranty Fond. 3 of 16 C$ Certificates of Insurance shata indicate that no modification or change xa insurance shall be made without thirty (3 0) days written advance notice to the certificate holder. 'rill, PROOF OF LICENSURF /CFRTiFICATION AND BAcicd ,OI)ND SCREENINCr. A. Licensure, If the Provider is required by the State of Florida or Miami-Dade Comity to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall fiunislr a copy of all required current licenses or certificates. r~ samples of services or operations requiring such lieensure or certification include but are not limited to childcare, day care, nursing homes; boarding homes. If the Provider fails to furnish the County with the licenses or certificates required under. diis Section; the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the, licenses ;or certificates within sixty (60) days of execution of this Contract may result in termination of this Contract, B. Background Screening. The County require§ that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes and through an appropriate screening agency (i.e., the Florida Department of juvenile Justice;. Florida Department of'Law ):nforcement, Federal Bureau of lnvestigation) work with direct contact withiuveniles. Pursuant to 995.01 2(a) Florida Statutes, "each contract entered into —for services delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children,.. must ensure that the owners; operators; and all personnel who have direct contact with children are of good moral character..." Iii order to ensure this condition "(b) The Department of Juvenile Justice... shall require. employment screening pursuant to chapter 435, using the level 2 standards set faith in that chapter for personnel in programs for obildren' or youths." Pursuant to the above passages from Florida Statutes, it is required that all provider agency personnel working directly with children must have a completed Level I Screening response from the Florida Department of Law Enforcement, that indicates that there has been no prior involvement in.any of the disallowed conditions, before beginning work with client youths, Level I Screenings can be accomplished electronically on line with the Florida Department of Law Enforcement:' www.fdle.sMte.fl,us/CriminaIMs In addition, recognizing that Level 2 Screening can take several weeks; Level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving, positive responsehesponses to any of the enumerated charges as defused in Level l and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required Background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level i was completed. If the Provider fails to furnish to the County proof that background screening Level .i was completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County, 9 aj16 CB The County requires that o.u,r employees and subcontracted emp— fees. with a satisfactory background check as described in Section 435.03(3)(a), and through at appropriate screening agency (i.e. Florida Department of Law Enforcement, Federal Bureau of ' Investigation) work in direct contact with the elderly, disabled and persons with mental illness; in settings such as but not limited to adult day care center, assisted Iiving facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within 30 days of execution of this contract, Provider shall furnish the County with proof that background screening was initiated /completed, If the Provider fails to fiunish to the County proof .that: background screening was initiated within 30 days of execution of this contract, the County shall not disburse any Barther funds and this Contract may be subject to termination at the discretion of the County:. VIII, CONFLICT Or INTEREST. The Provider agrees to abide by and be governed by Dade County 'Ordinance No. 72- 82.(Confliet of Interest Ordinance codified at Section 2 -11.1 et al. 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. -IX C VII. 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 o£the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of I.975, 42 U.S.C., as amended, which prohibits discrimination in employment because ofago; Section 504 of the Rehabilitation Act of 1973, 29 U.SC. § 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.lirohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the Country shall have the right to- terminate thus 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.G § 3661 et seq. If the Provider or any owner, subsidiary, or other .firm affiliated with or related. to the Prbvidei', 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, codified as § I IA- 60 et seq. of tiae Miami -bade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -bade 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 eomitieneernentof debarment proceedings against Provider. S oj76 0 X. NOTICES, It is understood and agreed between the parties tha written notice addressed to the. Department and mailed or delivered to the address appearing on page one (1) of the Contract and written notice addressed to the Provider and mailed or delivered to the address appearing. on page one (1) of this Contract shall constitute sufficient notice to either party. NJ AL1TONOiVTY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation betiveen 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 instnruentality of the County: Fur-thermore, the Provider's agents and employees are not agents or employees of the County. XIC. 13PXACH OF CONTRACT. COUNTY RA1Vt MISS. A, Breach. A breach by the Provider shall have occurred under this Contract it (1) the Provider fails to ,provide the Services outlined in the Scope of Services (Attachment A) within. the effective tonra of this Contract; (2): the Provider ineffectively or improperly uses the County fluids allocated under` this Contract; (3) the Provider does not furnish the Certificates of Insurance required by this Contract or as determined by the Comity's Risk Management Division; (4) the Provider does not furnish proof of Iicensure /certification or proof of background.screening.required by this Contract;'(5) the Provider fails to submit; or submits ineorreot or incomplete proof of expenditures fo support disbursement requests or advance funding disbursements or .fails to submit . oz submits incomplete or incon'ect. detailed zeporfs, o£ expenditures or final expenditure reports; (6) the Provider does not submit, or submits incomplete or incozxect required reports;' (7) the Provider refuses fo allow the County acces's to records or refuses to allow the County to monitor, evaluate and review tha Providers program; (8} the Provider discrimsnates outer any of i19e laws outlined ixx Seatian IK of this G'ontract; (9) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local la4v; (10) tho Provider falsifres or violates the provisions of the Drug Rree Workplace Affidavit (Attachment C); (1.1) the Provider attempts to meet its obligations under this contract through fraud, misrepresentation or material. inisstafemenh,. (L2) the Provider fails to •correct deficiencies found during a monitoring, evaluation or review within the specified ,time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to tfie County or any of its agencies, or instrumentalities; (14) the Provider fa rs to submit Certificate of Corporate Stair s, Board of Directors requirement or proof of tax status; (15) fails to meet any of the terms and conditions of the Dade County Affidavits (Attaclunent•C) or the State davit (Attachment 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 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. Couniv Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The Cauniy may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective data thereof at least five (5) days before the effective date of termination. 6 of 76 CB In the event of ternnation, tae County may: (a) request the return or all firaished or unfinished documents; data studies, surveys, drawings, maps, models, photographs, reports prepared and seeuied bSt the Provider with County Rinds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; or (e) terminate or cancel any other contracts entered into between.tre County and the Provider. The Provider shall be responsible for all direct . and indirect, costs associated vAth.such ternination, including attorney's fees; 2. The County may suspend payment in whole or'in pail 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. On the effective date of suspension the Provider must immediately cease to provide services pursuant to this Contract. All payments to Provider as of this date shall cease.. If payments are .suspended, the County s'fiall 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 iNrhole or in part under any other contracts entered into between the Comity 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 an 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 frorn future County contracting; 5. If, foi any reason, the Provider should attempt to meet its obligations under this Contract through. fraud, misrepresentation or material misstatement,. the County shall, whenever practicable tonainate 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 rnay 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 and. 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 &m county contracting for up to five (5) years;. 6. Any other remedy,available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County. D. Damn6s: Sustained, NoWdthstanding the above, the Provider shall act be relieved of .liability to the County` for damages sustained by the County by virtue of any breach of the Contract, and 1110 County, may withhold any payments to the Provider mail such time as the exact amount of damages due the County is determined.: The County may also pursue any remedies available at law or equity to compensate, for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. 7 of 76 CB VIII. TEItM71iIATION BY jG(ITHE4R PARTY. Both parties agree Lhat this Contract may be terminated by either party hereto by written notice to the other party of such intent to tenuinate at least thirty (30) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on the behalf of the County. ,xIV. PAYMENT PROCEDURES. The County agrees to pay the Provider for services rendered finder .this Agreement based on the payment schedule, the line item budget, or both, which are incorporated herein and attached hereto as Attachment B, Payment shall be made in accordance with procedures outlined below in the D'epartment's General Procedures Manual and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40). A. Reimbursement and Advances. The parties agree that this is a cost -basis Agreement and that the Provider shall be paid fhrough reimbursement payment based on the budget approved under this Agreement (See Attachment B) and when documentation of service delivery is provided. An advance up to the total amount payable under this Agreement' may be paid to. the Provider in one Jump sum payment. An advance of up to twenty- -five percent (25 %) of the total amount payable under this Agreement may be paid to the Provider if approved in writing by the Department. An advance of more than Twenty five percent (25 %) maybe paid to the Provider if approved in writing by the County Manager. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment: It need not be, accompanied by a detailed expenditaroieport. The County shall have the sole discretion in choosing, whether or not to provide any advance payments and is not obligated to do so under any circumstances, A Provider shall limit its request for an advance to once during the term of this Agreement. If a Provider needs an additional advance for good cause shown it shall request it in writing from . the County Manager. B. No Payment of Subcontractors. 'In no event shall County funds be advanced directly to. any subcontractor hereunder. C. Re�inests for Payment. The County agrees to pay all budgeted costs incurred by the Provider which are allowable under the County guidelines. In order to receive payment for allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a ,Monthly Performance Report on forms provided by the Department, The Department must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the 15`x' day of the month following the mouth for in which services were provided, The Monthly Summary of Expenditures Report shall, reflect the expenses incurred by Provider for the month services were rendcred and documented in the Monthly Performance Report: Upon submission of satisfactory required monthly reports, the Department shall make payment. The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project, The Department shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. When original documents cannot be produced, the Provider must adequately justify their absence in writing and furnish copies as proof of the expenditures. 8.. of 16 CB D. Processing the Request for Payment: After the Departmert reviews, and approves the payinaht request, the Department will submit a check request to the County's Finance Department. The County's Finance Department will issue and mail the check. directly to the Provider at the address listed on page one .(I) of this Agreement; unless otherwise directed by the Provider in writing. The pities agree that the, processing of a payment request from date of submission shall take a minhnuin of thirty (30) days from receipt, if support documentationtinvoices are properly documented. 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 payment by the County. Failure to submit.monthly reimbursement requests in a manner deemed correct and acceptable by the County, by the 1,5°i day of each month following the month. in which tic ser'v'ice was delivered; shalt be considered a.breach of this agreement and may result in termination of this Agreement. E. Final Request for Payment. A final request for payment from the Provider will be accepted by the Department up to forty -five (4'5) days after the expiration of this Agreement, if the Provider fails to comply, all rights, to payment, shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attachment $ which the Provider is obligated to pay after the, close of the period for services provided within: the term of the Agreement. F, Closeout RenorQRecapture of Funds. Upon. the expiration of this Contract, the Provider shall submit a Closeout Report to the: Department no, more than forty -five (4S) days after' the expiration. of this Contract, This report shall include a 'eunn lative year =enid summary of Provider's performance and fiscal expenditures. If after receipt of this Closeout Report, the Department determines that the Provider has been paid ftindsT not in accordance with the Contract, and to which it is not entitled, the Provider shall return such finds to the County or submit appropriate documentation. The County shall have the sole discretion in determining if the Provider is entitled to such Funds and the County's decision on this matter shall be binding: Additionally, any unexpended or unallocated funds shall be recaptured by the County. G. J)HS'Contract Management Manual. All requests for payment will be processed pursuant to the Department's General Procedures Manual. The Department will provide a copy of this Manual to Provider. XV. PROFIIBITED TISE OF F UNDS. A. Adverse Actions or Proceedinu. The Provider shall not utilize County funds to retain Iegal counsel for any action or proceeding against the County or any of its agents, instrumentalites, 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. Conruninrling Funds, The Provider shall not, commingle funds provided under this Contract with funds received from any other funding sources, 9 of M CB XVf. W,(COR7)S RGPOR,,z AbDITS MONITORING AND RRYIP . A. Certificate of Corporate Status, The provider must submit to the Department, within thirty (3 0) days from the date of execution of this Contract, a certificate of status in the name of the provider, which certifies the following: that the provider is organized under the laws of the State, of Florida; that all fees and penalties have been paid; that the providers most recent annual report has been filed; that its status is active; and that the provider has not filed an Article of Dissolution. B, Board of Dueetor Regtiirements. The Provider shall insure that the Board of Directors' is apprised of the fiscal, administrative and contractual. obligations of the project fanded through the County by passage of a formal resolution authorizing execution of the Contract with the County. Failure to provide a copy of the resolution within 15 days of execution of this contract.may result in termination of this Contract. C, 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 most recent I.R.S. form 990; (c) aid annual: submission of T.R.S. form 990 within (6) months after the Provider's fiscal year end; (d) IRS 941 : Quarterly Federal Tax Retain Reports within thirty -five (35) days after the quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) days after the quarter ends. D. Accounting Records. The Provider shall keep accounting records which conform with generally accepted accountng principles. All such records will be retained by the Provider for not less than five {5) years beyond the term of this Contract. E.' Financial 'Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide these documents to the Department no later than one hundred eighty (18 0) calendar days following the end of the Provider's fiscal year, for each year during which this Contract remains ui force or until all fluids carried frond this Contract have been so audited, whichever is later., F. Access 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. The Provider shall provide access to all of ifs records which relate to this Contract at its place of business during regular business hours. The Provider agrees to provide such assistance as may be necessary to facilitate their review or .audit by the County to insure conipliance with. applicable accounting and financial standards. The Provider agrees to maintain supporting documentation for all services provided Under this: Contract -and shall submit such supporting documentation to the County upon request.. G. Office of Miami -Dade County Inspector General, Miami -Dade County has established the Office of 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 %4 of 1% of the total contract amount. 10 of 76 CB The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust.programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General 'has the power to' subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and 'seasonableness 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, 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 Independent Private Sector Inspector General (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's or IPSIG's sole judgment, pertain to performance of the contract, including, but pot Ihnited to original astimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project -a elated 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 subcontractors 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 ntended nor shall they be construed to impose any liability on the County by the Provider or third parties. H, Independent Private Sector Inspector General Reviews. Pursuant to Miami Dade County Admvtistrative 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 tire County, all requested records and documentation pertaining' to this Contract for inspection and copying. The County shall be responsible for the payment of these Ip9IG services, and under no circumstance shall the .Provider's budget and any changes 'thereto approved by the County, be inclusive of any charges relating to these IPSIG services. V of T6 CB The terms of this provision herein, apply to the Provider, its onicers, agents, employees, subconsultaiits 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. I. Progress Reports. The Provider shall furnish the Department with -,mitten monthly Progress reports (Attachment P) on the achievement of its goals as. outlined in its Scope of Services. The reports shall explain the Providers progress for thatmonth. The data should be quantified when appropriate. Said reports are due by the 15a` day of the month following the end of each month. The final progress report shall be due forty -five (45) days after the expiration or termination, of this Agreement. 1. Moriitorine lvfanatrement Evaluation and Per£omranee Roview. This section s11a11 pertain only to Providers whose funding allocation. trader this Contract is more than $10,000 or whose funding allocation becomes more than $10,000 during the term of this Contract. The Provider agrees to permit County parsomnel to perform random scheduled monitoring, reviews and evaluations of the program which is the subject of this Contract. The Department shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Contract, The:Provider shall permit flee Department to conduct site visits, client assessment surveys; and other techniques' deemed reasonably necessary to fulfill the monitoring function. A report of the Department's findings will be delivered to the Provider and the Provider will rectify all deficiencies 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 this Contract. The Department shall conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Contract or future funding is dependent upon satisfactory evaluation conclusions. The Provider agrees that all monitoring reports completed by the Department shall be made availabla to the Alliance for Human Services and its members/partners. K, Client Records. The Provider shall maintain a separate individual case file for each :.client/£amily served. This case file shall inoluda all pertinent. information regarding case activity. At a minimum, the case file will contain referral and intake information, treatment plans; and case notes documenting the dates services were provided and the kind of service provided. These files shall be subject to the audit and nspection requirements wider Article VI Section F, G, H and J of this Contract. L. Health Insurance Potability and Accountability Act. Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of individually identifiable health information (11H and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Adruinistrative Order. HIPAA mandates for privacy; security and electronic transfer standards, that include but are not limited to: 12 of IS CB 1. Use of mformaLron only for performing services requaed by the contract or as required by law; 2. Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non- permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder(Proposer and reasonable assurances that HHI'IPHI will be held confidential; 5. Making Protected health Information (PHI} avaSiabi0 to the customer; G. Making PITT available to the customer for review and ar iendmeut;..and incorporating any amendments requested by the customer; 7, Making PHI available to Miami -bade County for an accounting of disclosures; and 8. Making internal practices, books and records related to Plat available to 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 Bidder/Proposer must: give its customers `written notice of its privacy information practices: including specifically, a description of the types of uses and disclosures that would be made with protected health information: M. Disaster PlanlContinuity of Op exafions Plan (COOPI. The Provider shall submit to the Department an Agency Disaster PlmVCOOP' by April 1sz of each eontraet year. If the Provider does not have a,COOP Plan currently with the Department (submitted within the past year) it must . submit. a COOP Plan within 30 days of execution of this Contract. The Plan should be updated annually. At a minimum, the Plan should describe how the Provider establishes and maintains an effective response to emergencies and disasters, and must comply with any Emergency Nfanagemeut related Florida, Statutes applicable to the Provider. The Disaster PIan is subject to review and approval of the County. xM. SMC TORS ANDASSIGNNLENTS. A. Subcontracts. The parties agree that no assignment, or subcontract will be made or let in connection. with this Contract without the prior written approval of the Department, which shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. B, 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 Service (Attaeluuent A) or suppliers to supply the rnaterials; the Provider shall provide the names of tlne subcontractors and suppliers on the form attached as Attachment E, Provider agrees that it will not change or substitute, subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. Xvf II. MJS �LANEI O'US. A. Out of Town Travel. Costs for out -of -town travel are allowable, if they are useful for the administering of Program activities. All travel nrust. be approved through DT-18 Contract Management Division two weeks prior to date travel is to be taken and pursuant to the provisions outlined in the Contract. Management Manual. 13 of 16 CB B. Pzeity Cash_ Compiutity Based Organizations who estaursh a petty cash fund must maintain detailed support documentation in accordance with the provisions outlined in the Contract MahagerheritManual. C. Publicity. It is understood and agreed between the parties hereto that This Provider is funded by Miami -Dade County. Further, by the acceptance of these funds„ the Provider agrees that. events.fianded by this Contract shall recognize the County as a funding source, The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes the C'ounty.for the support of all contracted activities. This is to in. clude,. but is not limited to, all, posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is -permissible. The Provider shall ensure that all media representatives, when, inquiring about the activities funded by this contract, are inforined that the County is its funding source. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according fo the laws of the State of Florida. Proper venue for this Contract shall be Miami -Dade County, Florida. E. Modifications and Chan Orders, Any alterations, -variations, modifications, . extensions or waivers of provisions of this Contract including but not limited to amount payable arid. 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. The County and Provider mutually agree that modification of the Scope of Services schedule of payments, billing and cash payment procedures, set forth herein, and other such revisions may be negotiated as a written amendment to this Contract between the parties.. The County Manager is authorl'zed to make modifications to this Contract as described herein on behalf of the County. The Office of the Spector General shall have the power to analyze the need for, and the reasonableness of proposed change orders. P. Counterparts. This Contract is signed in five 5 counterparts, and each counterpart . shall constitute an original of dus. Contract. G. FIeadinns Use of S�tr1ar 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. 14 of 16 G'Ir H. Totality of Contract/Severability of Provisions, This sixteen ' (16) page Contract with it recitals on the first page of the Contract and With.its attacturielits as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: scope of Services Attachment B: Budget Attachment C: Payniont,Request Attachment D: Miami-Dade county Affidavits Attachment Dl: Code of Bminess Ethics Attachment D2: Mja1ui7Dade County Debarment. Disclosure Affidavit Attachment E: State Public Entities Crime Affidavit Attachment F: Progress Report Attachment G-. List of Subcontractors: and, Suppliers Attachment He Living Wage Requirement No other Contract, oral, or ojhcfwise, 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 in-valid or void, the remainder of this contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements, of applicable law. 15 of X6 CB Ce)2trei JIPS0607-24 tg WITI\TBSS W WRE OF, the partiep.heretellave caused this Contract, to be executed by their I respective and duly authorized officers as Ofthe day and year first abovew"tten' (SEAL) ATTEST: I i 'y 0— a Y WA olvv'qCv .7 d jN By: 09 By: 1naturebtAuthorize epr6sentat MA rift M, Menendez Type or print Name By: By signature //6L/U,/q- 5'^177-/- — Type or Print Name ATTEST: HARVEY RUVIR CLERK . t 1 1, Jhhtl—e-4'-� Type or Print Name lr-re;�wo 4AvAt�4 Type or Print Name hffANflaDADE COUNTY, FLORIDA By: GE, 0 M, BURGESS -M V 6YY M=ANA GER J6qfl6 CB RESOLUTION NO.: 181.-07-1,2566 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE MIAMI-DADE COUNTY BY AND THROUGH ITS DEPARTMENT OF HUMAN SERVICES FOR A. MAXIMUM AMOUNT OF $18,400.00 FOR. THE SENIOR MEALS PROGRAM; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept the grant from the Miami-Dade County by and through its [)apartment of Human Services; WHEREAS, the Agreement will provide funding for the Senior Meals Program's sorvices,, and WHEREAS, the City Manager is authorized to execute the grant agreement In an amount of $%400. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:. Section 1: The Mayor and City Commission authorize the City Manager to execut6 a grant agreement with the Miami -Dade County by and through its Department of Human Services in an amount of $18,400 for Program. Section 2: The attached Agreement is made a part of the resolution. PASSED AND ADOPTED this 0 dayof 2007. ATTEST: e7 CITY CLERK APPROVED AS TO FORM: File Name and Path APPROVED: MAYOR COMMISSION VOTE: 5-0 Mayor Fellu: Yea Vice Mayor W.Iscom be: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman:. Yea SA0708 -80 I� IAl -IDAXDr COUNTY 1<DEPAR'A MFNT O1<i+ )IUMAN SERVICES SdDcm-L smviCES CONTRACT Ties Contract, made this day ofl ; 2095 by and between Miami -Dade County, a political subdivision of the State. of Florida (hereinafter referred to as "County ") through its Department of Human Services (hereinafter referred to as "Department "), located at 2525 NW 6 e Floor Miami Florida33147, and.City of South Mianu (Senior Cehtei having offices at.6130 Sunset Drive South Miami Florida 33'143 (hereinafter referred to as "Provider ") states conditions and covenants for the rendering of social and/or crime prevention services (hereinafter referred to as "Services ") for the County. WHEREAS, the Horne Rule Charter authorizes the County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be: performed under the supervision of the County Manager; and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability 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 through Ordinances 07 -125. and 07 -127 for the proposed services; and WHEREAS, the County has appropriated funds to.the Provider for the proposed services, ,NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the 'parties hereto agree as follows: L AMOUNT PAYABLE. Subject to available .fiends, the maximum amount ,payable for services rendered' under this Contract, shall not exceed $&. 8 400.. Both parties agree that should available County funding be reduced, the amount . payable under this Contract may be proportionately reduced at the option of the County: ff. SCOPE OF SERVICES, The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider will implement the Scope of Services as described in Attachment A, in a manner deemed satisfactory to the County. Any modification or amendment to the Scope. of Services shall not be effective until approved by the Department in writing. Rev. 9101 1 Of 16 C$ III. BU SQET SUMMARY. 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 may shift funds between line. items not to exceed fifteen percent (15%) of flie total budget by submission of a Budget Modification Request to the Department for approval. Variances greater than fifteen percent (I S %) ill any line itern shall require prior approval and a budget modification approved by the President or Vice President of the provider as well as the DOpartment. The Budget Modification shall replace Attachment B. In no event shall the budget. include a line it6mfor indirect costs ill excess of fifteen percent (15 %) of tiio total budget. if the budget includes a line item for indfreet costs of less than fifteen perceut.(15 %a), then the Provider must support such expenditure with proper documentation. The Provider may amend the budget no more than twice during the term of this Contract.. A final budget revision must be submitted 45 days prior to the expiration of the Contract. IV, EFFECTIVE TERM. The effective term. of this Contract shall be from October 1, 200 to Septemher 30, 2008. V. INDEAINIII.CATIONB"A PROVIDER, A. Gavernrrrent I;nflty. Government entity shall indemnify and hold harmless the County and its officers, employees; agents and 'instrumentalities from any and all liability, losses or damages;. including attorney's 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 fconi the perfonnance of the Contract by the government entity, or its employees, agents, servants, partners, principals or subcontractors.. Government .entity 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. Provided; however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Stat., subject to the provisions of the Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments, paid by the government entity arising out of the same incident or occurrence, exceed the sums of $200,000 from any and all personal injury,or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. All other Providers. 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.;offrrers, employees, agents or instrumentalities may incur as a result of claims, demands, suits 'cauQ 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, servants, partners principals or subcontractors. ii 2 o I6 ca nom,. Liar f 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 Couurty, 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 indenuiify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities.as herein provided. C. Tenn of Indemnification. The provisions of this section or indemnification shall survive the expiration or termination of this: Contract. V1. INSURANCE. A. Go. mment Entity. If the Provider is the State of Florida or agency or political subdivision of the State as defined in Section 76828, Florida Statutes; the Provider shall, furnish to the County, upon request, written verification of liability protection in accordance with section 768,28, Florida Statutes Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statues. R, All Other Providers. The Provider shall furnish to Miami =Dade County, Department. of Fliiman Services, 2525 N.W. 62n8 Street, 4a' Floor, Miami, Florida 33147, Certificate(s) of Insurance or written verification as determined by the County's kisk,Management Division:. after review of the Scope of Services (Attachment A). The Certificate holder shall be listed. as: Miami - Dade County, 111 N.W. 1sT Street, Suite 2340, Miami, Florida 33128, The County shall not disburse any funds until it is provided with. the necessary i ertifiea. (s) or written, verification (binders) and such documents have been. approved by Risk Management. The Certificate (s) shall indicate that insurance coverage has been obtained which meetsthe requirements as outlined below: Worker's Compensation Insurance for. all employees of the Provider as required by Florida. Statute 440. Public Liability Insurance on a comprehensive basis'in an amount not less than $300;000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Professional Liability Insurance; when applicable, in the name of the Provider in an amount not less than $250,000. Insurance policies required above shall be. issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 3o .f tb Glt Rev, 9707 _ The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best, Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or Tho. company must hold a valid Florida Certificate of Authority as shown in the _latest "List of All Insurance Companies Authorized to do Business in Florida, ". issued by the State of Florida Department of Insurance and must be members of the Florida Guaranty Fund, Certificates of Insurance shall. indicate that no modification or change in insurance shall be made without.thirty (30) days written advance notice to the certificate holder. VII. PROOF 1iJC+'"1LICENSURE/CERTIFICATION AND BACKGROUND SCAREM—NG. A. Liconsure, If ilre Provider is required by the State of Florida or.Miaim -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy of all required current. licenses or certificates:: Examples of services: or operations requiring such licensure or certification include but are-not limited to childcare, day care; nursing homes, boarding homes: If the Provider fails to furnish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Contract May result in termination of this Contract. B. Background Screening. Tlie Countyrequires that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes and through an appropriate screening. agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with juveniles: Pursuant to 985.01 2(a) Florida Statutes, "each contract entered into.. :far services delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children... must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character.. •" In order to ensure this condition "(b) The Department of Juvenile Justice..., shall require employment screening, pursuant to chapter 435, using the level 2 standards set forth in that chapter for personnel in programs for children or youth..,." Pursuant. to the above passages from Florida Statutes, it ist required that all provider agency personnel working directly with children must have a completed Level I Screening response from the Florida Department of Law Enforcement that indicates that there has been no prior involvement in any of the disallowed conditions, before beginning work with client youths, Level 1 Screenings can be accomplished electronically on Line with the Florida Department of Law Enforcement: www fdIe state fl uslt�r'nninaiHistory /. In addition, recognizing that Level 2 Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients. Rev, 9107 4 of J6 C3 Any employee receiving positive response /responses to any of the enumerated charges. as defined in Level I and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level I was completed. If the Provider faits to furnish to the County proof that background screening Level .1 was. completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. The County requires that only employees and subcontracted employees with a satisfactory background cheek as described in Section 435.03(3)(a), and through an appropriate screening agency (i:e, Florida Department of Law Enforcement, Federal Bureau of Investigation) work in direct contact with.the elderly, disabled and persons with mental illness, in settings such as but not limited to adult day care center, assisted living:facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within 30 days of execution of this contract; Provider shall furnish. the County with proof that background screening was Mitiated/completed. If the Provider fails to furnish to the County proof that background sereerung was initiated within 30 days of execution of this contract, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. Vill. CONFLICT. OF I[i�TJGI2EsaT. The Provider agrees to abide by and be governed by Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. 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. IN. CI M RIGHTS, 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 O;S.C. §2000d, as amended, which prohibits discrimination in employment because of age; the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §12103 et seq, which prohibits diserirnination in employment and public accommodations. because of disability; the Federal Transit Act, 49 U.S,C. §1612, as amended; and the Fair Housing Act, 42 U.S.C, §3601 et seq. 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 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. Rex 9 107 9 gf16 C6 Ilia Provider agrees that it is in compliance with. the Domestic Violence Leave; codified as § 1 IA- 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 Iaw may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. X. NO ICES. It is understood and agreed between the parties that written notice addressed to the Department and mailed, or delivered to the address appearing on page one (1). of the Contract and written notice addressed to the Provider and mailed or delivered to the address appearing on page one (1) of this Contract 'shall constitute sufficient notice to either party. Yr AUTONO1VCfC. 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. M. STJRgrTVAL. The parties acknowledge that any of the obligations in. this agreement, including 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 and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination; cancellation or expiration hereof. xrIT. BREACH OT CONTRACT: COUNTY REMER ER. A. Breach. A breach by the Provider shall have occurred.under this Contract if. (1) the Provider fails ta. provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of .Insurance required by this Contract or as determined by the County's Risk .Management Division; (44) the Provider does not furnish proof of licensure /certification or proof of background screening required by this Contract; (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; (7) 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; (8) the Provider discriminates under any of the laws outlined tit Section IX of this Contract;, (9) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (10) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (11) the Provider attempts to meet its obligations under this contract through fraud, misrepresentation or material misstatement; (12) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract or otherwise. or any repayment schedule to the County or any of its agencies or instrumentalities; (14) the Provider fails to submit the Certificate of Corporate Status, Board of Directors requirement Rex 9107 6 of 14 C6 or proof of tax status; (15) fails to meet any of the terms and conditions of the Dade County Affidavits (Attachment D) or the State Affidavit (Attachment E); or (16) the Provider fails to fulfill in a timely and proper mariner 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: 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) seep reimbursement of Comity, funds allocated to the Provider. under this Contract; or (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 termlziationz 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, On the effective date of suspension the: Provider must immediately cease. to provide ,services pursuant to this Contract. Ali payments to Provider as of this date shall cease. 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 thus Contract including but not limited to filing an 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 Comity :shall, whenever practicable terminate this Contract by.giv'ing 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 Comity. Such individual or entity shall be responsible for all direct and 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; Ilea 9107 7 of7G ca 6, Any other remedy available at law or equity. C. The County Manager 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 County . may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be. responsible for all direct and indirect cost's associated with such: action, including attorney's fees.. T. TERMINATION By EITIiGR 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 Manager is authorized to terminate this Contract on the behalf of the County. XV. PA3'IV NT PROCEDURES. The County agrees to pay the Provider for services rendered tinder. this Agreement based on the payment schedule, the line item budget, or both, which are incorporated.herer and attached hereto as Attacl anent B. .Payment shall be made in. accordance with procedures outlined below in the Department's General Procedures Manual and. if applicable, the Sherman S: Winn Prompt Payment Ordinance (Ordinance 94 -40). A. Reimbursement and Advances. The parties agree that this is a.cost- basis Agreement and that the Provider shall be paid through. reimbursement payment based on the budget approved under this Agreement (See Attachment B) and when documentation of service delivery is provided,. An advance up to the total amount payable under this Agreement may be paid to the Provider ht one lump stun payment. An advance of up to twenty -five percent (25 %) of the total amount payable under this Agreement may be paid to the Provider if approved in. writing by the Department.. An advance of more than twenty -five percent (25%) may be paid to the Provider if approved in writing by the County Manager. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment. It need not be accompanied by a detailed expenditure report. The County shall have the sole discretion in choosing whether or not to provide' any advance payments and is not obligated to do so under any circumstances. A Provider shall limit its request for an advance to once during the tenn of this Agreement. If a Provider needs an additional advance for good cause shown it shall request it in writing from the County Manager: B. No Paytnent of Subcontractors. In no event shall County funds be advanced directly to any subcontractor hereunder. Rev. 9107 8 of IG CB C. Redmests for Payment. The County agrees to pay all budgeted costs incurred by the Provider which are allowable under the County guidelines. In order to receive payment for allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a Monthly Performance Report on forms provided by the Department. The Department must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the 15 °i day of the month following the month for in which services were provided, The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly, reports, the Department shall make payment. The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project. The Department shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure. When original doeuments cannot be produced, the Provider must adequately justify their absence in writing and furnish copies as proof of the expenditures. D. Processing the Request for Pavment, ,After the Department reviews and approves the payment: request, the Department will submit a cheek request to the County's Finance Department. Th6 County's Finance Department will issue and mail the check directly to the Provider at the address, listed on page one (1) 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 shall take a minimum. of thirty (30) days from receipt, if support .docuiiientationlinvoices are properly documented. 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 payment by the County. Failure to submit monthly reimbursement requests in a manner deemed correct and acceptable by the County, by the 15`x' day of each month following the month in which the service was delivered, shall be considered a breach of this agreement and may result in terrninatiou of this Agreement. E. Final Request for Payment. A final request for payment, from the Provider will be accepted by the Department up to forty- five'(45) days after the expiration of this Agreement, If the Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attacbment B which the Provider is obligated to pay after the close of the period for services provided within the term of the Agreement. F. Closeout Reporting Process/Recapture of Funds. Upon the expiration of this Contract, the Provider shall submit Closeout Report documents to the Department no more than forty -,five (45) days after the expiration of this Contract. These documents shall include a cumulative year -end summary of Provider's programs p6rT- ormance, the Fear -End Closeout Report and the Property Inventory Report. If after receipt of these documents, the Department determines . that. the Provider has been paid funds not in accordance with the Contract, and to which. it is not entitled, the Provider shall return such funds to the County or submit appropriate documentation. The County shall have the sole discretion in determining if the Provider is entitled to such funds and the County's decision on this matter shall be binding. Additionally; any unexpended or unallocated funds shall be recaptured by the County. Rev. 9/07 9 .%� o l6 CB G. DHS Contract Manaeeinent Manual. All requests for payment will be processed . pursuant to the Department's General Procedures Manual. The Departmentwill provide a copy of this Manual to Provider. XVI. PROBIBITPD 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 agent's, instidmentalities, 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, Conuninelina Funds, The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XVII, RECORDS REPORTS AUDITS MOSNITORIING AND REVIEW. A, Certificate of Gory orate Status. The provider: must submit to the Department, within thirty (30) days from the date of execution of this Contract, a. certificate of statics in the name. of the provider, which certifies the following: that the provider. is organized under the laws of the State of Florida; that all fees and penalties have been paid; that the providers most recent annual report has been filed; that its status is active; and that the provider has not filed an Article of Dissolution. B. Board. of Director Regriirements. The Provider shall insure that the Beard of Directors is apprised of the fiscal, administrative and contractual obligations of the project funded through the County by passage of a formal resolution authorizing execution of the Contract with the County. Failure to provide a.ecpy of the resolution.witliin 15 days of execution of this contract may result in termination of this Contract. C. 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 most recent LR.S'. form 990; (a) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal year end; (d), IRS 941 - Quarterly Federal Tax Return, Reports within thirty -five (35) days after the quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) days after the quarter ends. D. QnarforlExpendihire ReyROrts: The Provider is required to submit to the Department the Quarterly Expenditure Report (Attachment 1) which shall reflect the actual quarterly expenses incurred by the Provider. These reports are due to the Department thirty five (35) days after the quarter ends. E. Accounting Records. The Provider shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. Rep. 9/V, 10 of 16 CB F. Financial Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements„ the Provider ap-ees to provide these documents to the Department no later than one hundred eighty (180) calendar days following the end of the Provider's fiscal year, for each year during which this Contract retrains in force or until all fluids earned from this Contract have been so audited, whichever is later. G. Access 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. The Provider shall provide access to all: of its records which relate to this Contract at its place of business during regular business hours. The Provider agrees to provide such assistance.as may be necessary to facilitate their review or audit by the County to insure compliance with applicable accounting and financial standards. The Provider agrees to maintain sulip4rting documentation for all services provided under this Contract and shall submit such supporting documentation to the County upon request. H, Office of Miami -Dade County Miami -Dade County has established the office of 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/ of 1% of the total contract amount. The Miami -Dade County inspector General is authorized and empowered to review past, present and proposed County and public Health Trust programs,, contracts, transactions, accounts, records and programs. In addition,. the Tnspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time; within budget and in compliance with plans, specifications and applicable law. 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; 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 Independent Private Sector Inspector General (IPSIG) retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPS.IG 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's or IPSIG's sole judgment, pertain to. performance of the contract, including, but not limited to original estimate files, worksheets, proposals and Contracts front and with successful and unsuccess£trh 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. lie V. 9/07 11 0f16 03 The provisions in this section shall apply to tite Provider, its officers, agents, employees; subcontractors and suppliers. The Provider shall incorporate the provisions in this section in ali subcontractors and all other Contracts executed by the-Provider in connection with tile performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or htvestigative activities. The, provisions of this section are neither intended nor shall they be construed to impose any liability an the County by the Provider or third parties. 1. Independent Private Sector lnspeetor General Reviews. Pursuant to Miami-Dade Administrative order 3 -20, the Provider is, aware that the County has the right to retain the services of an ladependent Private Sector Inspector General (, "il'SIG " }, whenever the County deems it appropriate'to do so. Upon written notice front the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documeiatation pertaining to this Contract for .inspection and copying. The County shall be responsible for the payment of these IPS.IG services, and under no circumstance shall the Provider's budget and any changes thereto approved by the County, be inclusive of any charges 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. J. Progress Reports. The Provider shall furnish the Department with written monthly progress reports (Attachment P) on the achievement of its goals as outlined in its.Scope of Services. The reports shall explain the Providers progress for that month. The data should be quantified when appropriate. Said reports are due by the 15`x' day of the month following the end of each month. The final progress report shall be due forty -five (45) days after the expiration or termination of this Agreement. K. Mo�Management Evaluation and Performance Review. This section shall pertain only to Providers whose funding allocation under this Contract is more than $10,000 or whose funding allocation becomes more than $10,000 during the term of this Contract. The Provider agrees to permit County personnel to perform random scheduled monitoring, reviews and. evaluations of the program which is the subject of this Contract. The Depattrxrent shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Contract. The Provider shall permit the Department to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the Department's findings will be delivered to the Provider and the Provider will rectify all 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 this Contract. The Department shall conduct one or more formal management evalztation and performance reviews of the Provider. continuation of this Contract or future funding is dependent upon satisfactory evaluation conclusions. .% I2 0 16 CE Rev. 9/07 L. Client Records: The Provider shall maintain a separate individual case file for each client/iarmly served. This case file shall include all pertinent ivafoimation. regarding Case activity. At a minimum, the. case file will contain referral and intake information, treatment plans, and case notes documenting.the dates services were provided and the kind of service provided.. Tbese files shall be subject to the audit aid inspection requirements under Article XVII Section F, G, H, and J of this Contract. M. Eiealfh Insurance Portabilitand Accountability Act. Any person or entity that Performs or assists Miami -Dade County with a function or activity involving the use or disclosure of individually identifiable health information (IIIII) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (IIIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. 81PAA mandates for privacy, security and electronic transfer standards, that include but are not limited to:. I, Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non permitted.disclosures; 3. Reporting to Miami -Dade County of any iron- permitted use or disclosure;. 4. Assurances, that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder /Proposer and reasonable assurances that IIHP/PHI will be held confidential;. 5. Making Protected health information (PHI) available to the customer; 6. Making P141 available to the customer for review and amendment; and incorporating any amendments requested by the customer;: 7. Making,PHI available to Miami -Dade County for an accounting' of disclosures; and &, Making internal practices, books and records related to PHI available to 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 Bidder /Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be. made with protected health information. N.. Disaster PIan/Cantinuity of t?'perations Plan (COOP), Time, Provider shall submit to the Department an Agency Disaster Plan/COOP by April I" of each contract year. If the Provider does not have a COOP Plan currently with the Department (submitted within the past year) it must submit. a COOP Plan within 30 days of execution of this Contract. The Plan should be updated annually. At a minimum, the Plan should describe how time Provider establishes and maintains an effective response to enmergencies and. disas't'ers, and. must comply with any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan is subject to review and approval of the County. XVIII. SUBCOlat lRACTORS APIDI ASSIGIdMUNTS. A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Contract without the prior written approval of the Department, which . shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. Rev. 9/07 1.3 of 16 CA B. 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.ihe form attached as Attachment G. Provider agrees that it will not change or substitute subcontractors or suppliers' from those listed in Attachment G without prior written approval of the County. XIX. MISCEELANEOUS.. A. Out of Town Travel. Costs for out-of-town travel are allowable, if they .are: useful for the administering of program activities. All travel must be approved through. DHS Contract Management Division two weeks prior to date travel. is to be taken and pursuant to the provisions outlined in the Contract Management Manual. B. Petty Cash. Community Based .Organizations who establish a petty cash fund must . maintain detailed support documentation in accordance with the provisions outlined in the Contract Management Manual. C. Publici It is uunderstood and agreed between the parties hereto that this Provider is. funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Contract shall recognize the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes 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, promotions, and stationery. The use of the official County logo is permissible, The Provider shall ensure that all media representatives; when inquiring about the activities funded by this contract, are informed that the County is its finding source. 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. Modifications _and Orders. Any alterations, variations, modifications, extensions or waivers of provisions 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. The County and Provider mutually agree that modification of the Scope of Services schedule of payments, billing and cash payment, procedures, set forth herein and other such revisions may be negotiated as a written amendment to this Contract between: the parties. The County Manager is authorized to make modifications to this Contract as described herein on behalf of the County. The office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed change orders. R ". 9107 IW of 16 ca F. Count=arts. This Contract is signed in five 5 counterparts, and each counterpart shall constitute an original of this Contract. G. FTeadinas Use of Sinrlar and.Crender.. 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, H, Totality of Contract/Severability of Provisions. This sixteen (16) page Contract with it 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:' Scope of services. Attaehment'13: Budget Attachment C: Payment Request Attachment D: Miami -Dade County Affidavits Attaehinent Dl: Code of Business Ethics Attachment D2: Miami -Dade County Debarment Disclosure Affidavit Attachment E:. State Public Entities Crime. Affidavit Attachment F: Progress Report . Attachment G: List of Subcontractors and Suppliers Attachment H: Living. Wage Requirement Attachment 1: Quarterly Expenditure Report 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 p3ovision.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 teans and requirements of applicable law. nv: 9r07 15 of 16 co SA07os -sn IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers as of the day and year first above written. (SEAL) ATTEST City of South Miami (Senior Center A nraTnNr m Type or Print Name Witnesses: By: �• Signature Type or Print Name ATTEST: By: Ygnatare of Auresentative) Type or Print Name By: &Uk &�L Signature d lba- Type or Print Name MLAMI -DADS COUNTY, FLORIDA B : 4,,c u �,.— Y GEORGE M. BURGESS COUNTY MANAGER R". 9107 16 of 16 ca