20South Miami
NI-Gmedca0v
CITY OF SOUTH MIAMI 111111
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City C om sion
Via: Roger arlton, Acting City Manag �//9)�� 9t4—
From: Caro
Grants Writer /Administrator
Date: January 14, 2010 Agenda Item No.:
SUBJECT: 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.
Request: To authorize the Acting City Manager to execute a grant agreement with Miami -
Dade County's Office of Grants Coordination for the After School House and the
Senior Meals Programs
Background: Previously, the City of South Miami has been awarded grant funds from
Miami -Dade County's Miami -Dade County's Office of Grants Coordination
for After School House Tutoring and Senior Meals Programming. The
present fiscal year's total award amount is $45,175.00 with the
breakdown as follows: 1) After School House Tutoring in the amount of
$26,775.00; and 2) Senior Meals in the $18,400.00. Both programs are
operated through the City's Parks and Recreation Department. The exact
same scope of services will be provided as with the previous contracts.
The resolution will allow the Acting City Manager to execute the grant
agreement with the County.
Cost:
I�IG1
Funding Source: Miami -Dade County's Office of Grants Coordination
Backup Documentation:
❑ Proposed Resolution
❑ Proposed Contract
❑ Previous Resolutions
❑ Previous Contracts
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RESOLUTION NO.:
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 Tutoring and Senior Meals Programming in the amount of $45,175.00.
Section 2: The attached exhibit is incorporated by reference into this resolution.
=$e0 9 .
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
■ 00RI_ >I
Include File Name and Path
day of 12010.
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
MIAMI -DADE COUNTY, OFFICE OF GRANTS COORDINATION (CB)
REQUIRED CONTRACT DOCUMENTS CHECKLIST
CHECK ITEMS UPON COMPLETION
O 1. Have you completed *W44 originals of the attached Contract?
O 2. Have you included your Agency's signed Resolution Authorizing Execution of the
Contract?
3
O 3. The date on the top of the first page must be left blank on all Ave k&y original Contracts.
O 4. Does one (1) of the names authorized by the Board of Directors on the Resolution match
the signed name on the signature page of the Contract?
O 5. For the one (1) authorized signature on the contract, is there a witness?
O 6. Has the Agency's Corporate Seal been placed on the signature page of all five- (j
Contracts?
3
O 7. Are there five O) signed originals of the approved Attachment A "Scope of Service
Narrative "? (If there are multiple allocations listed on page 1 of the Contract, are there five
(5) originals of the approved Attachment A "Scope of Service Narrative" included for
each as well ?)
3
O 8. Are there five-A originals of the approved Attachment B "Line Item Budget Form "?
(Does the amount specified on page 1 of the Contract match the amount on Attachment
B, labeled "Line Item Budget Form " ?) Have you included the approved comprehensive
narrative that includes an explanation and calculation for all budgeted costs? (If there are
multiple allocations listed on page 1 of the Contract, are there five .originals of the
approved Attachment B "Line Item Budget Form" included for each as well ?)
O 9. Are all-five- originals of Attachments C, D and E completed in full and properly signed,
dated and notarized?
3
O 10. Do all five -(s) originals of Attachment I have the appropriate disclosure regarding
subcontractors and suppliers?
O 11. Have you completed and included (on your agency letterhead) Attachment J from this
package?
O 12. Is the required Certificate of Insurance included with the Contract?
FAILURE TO COMPLETE AND/ OR SUBMIT ALL DOCUMENTATION
WILL DELAY THE EXECUTION OF THE CONTRACT
SUBMIT THIS FORM WITH CONTRACT
Name of Agency:
Contact
Checklist completed by: Phone number
CERTIFICATE OF CORPORATE RESOLUTIONS,
CORPORATE STATUS AND INCUMBENCY OF
a Florida Not for Profit Corporation
The undersigned, as President of a Florida not-
for- profit Corporation (the "Corporation "), hereby certifies that:
1. The Corporation is a duly formed, validly existing corporation in good
standing under the laws of the State of Florida.
2. By the unanimous written consent of the Board of Directors of the
Corporation, the following resolutions were adopted as of 2009, and the same have
not been revoked, cancelled, annulled or amended in any manner and are in full force and effect
on the date hereof:
WHEREAS, the Corporation has been awarded Contract # for the
provision of social /crime prevention services to Miami -Dade County ( "the
Contract "), Fiscal Year 20_ -20_, in the total amount of
$ .00;
WHEREAS, the Corporation desires to fulfill its contractual responsibilities and
accomplish the objectives in the Contract's Scope of Services;
WHEREAS, a quorum was present and voted for the passage of these resolutions,
NOW THEREFORE, BE IT RESOLVED, that the Corporation, on its own
behalf, approves the Contract.
FURTHER RESOLVED, that the Corporation ratifies the execution of the
Contract by and between the Corporation and the County.
FURTHER RESOLVED, that the Corporation hereby authorizes the execution
and delivery of the Contract and all attachments required to be executed and
delivered by the Corporation in connection with the Contract, which are necessary
or appropriate to consummate the Contract.
FURTHER RESOLVED, that the President, the Vice President, the Secretary, any
other officer of the Corporation or any other duly authorized representative
employed by the Corporation listed below, acting alone in either case, with full
power of substitution, be and hereby is authorized to execute and deliver, and the
Secretary of the Corporation is hereby authorized to (but is not required to) affix
the seal of the Corporation to and attest the same upon the Contract, but with such
modifications and additional provisions as the officer of the Corporation
executing the same may deem advisable. All of the documents executed and
delivered as aforesaid shall be and constitute the acts and obligations of the
Corporation.
FURTHER RESOLVED, that the Corporation hereby ratifies and confirms the
acts of its officer or duly authorized representative employed by the Corporation
executing and delivering all such documents and instruments, including but not
limited to: the Contract, any amendments, payments requests, and budget
modifications attendant to the Contract, regardless of whether such acts were
performed before or subsequent to the date of the adoption of this Resolution.
FURTHER RESOLVED, that the Corporation directs its officers and employees
to perform all of the Corporation's obligations and undertakings under the
Contract.
FURTHER RESOLVED, that these Resolutions shall continue in full force and
effect and may be relied upon by the Corporation and the County, until receipt of
written notice of any change therein.
3. The following persons are hereby authorized by the Corporation to
execute and deliver all such documents and instruments related to the Contract, including
but not limited to: any amendments, payments requests and budget modifications
attendant to the Contract, regardless of whether such acts were performed before or
subsequent to the date of the adoption of this Resolution.
NAME TITLE SIGNATURE
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the
Corporation's corporate seal as of the day of 2009.
Printed Name:
Signature:
OOC 010 (Revised 10/1/09)
(Corporate Seal)
AGREEMENT
10- SMIA -CB
FY 2009 -10 County General Funds
Ordinance #9 -83 and 9 -85
This Agreement made and entered into as of this day of 11.11 2009,
by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter
referred to as "County"), having its principal office at 111 N.W. 1st Street, 19th Floor, Miami,
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. DEFINITIONS
The following words and expressions used in this Agreement shall be construed as follows,
except when it is clear from the context that another meaning is intended:
a) The words "Agreement" "Contract" or "Contract Documents" shall mean collectively
these terms and conditions, the Scope of Services (Attachment A) and the Budget
Documents (Attachment B) and all other attachments hereto, as well as all amendments
or budget revisions issued hereto.
b) The words "Contract Manager" shall mean 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.
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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 $18,400
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.
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CB
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 5. 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
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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.
ARTICLE 7. INSURANCE
If the total dollar value of all County contracts with the Provider exceeds $25,000 then the
following insurance coverage is required:
A. Government Entity. If the Provider is the State of Florida or an agency or
political 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. 15` 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:
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A. All insurance certificates must list the COUNTY as "Certificate Holder" in the
following manner:
Miami -Dade County
111 N.W. 1St 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 $250,000.
All insurance policies required above shall be issued by companies authorized to
do business under the laws of the State of Florida, with the following
qualifications:
The company must be rated no less than "B" as to management, and no
less than "Class V" as to financial strength, according to the latest edition
of Best's Insurance Guide published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the COUNTY's
Risk Management Division.
X7;3
2. The company must hold a valid Florida Certificate of Authority as shown
in the latest "List of All Insurance Companies Authorized or Approved to
Do Business in Florida," issued by the State of Florida Department of
Insurance, and must be a member of the Florida Guaranty Fund.
G. Certificates will indicate that no modification or change in insurance shall be
made without thirty (30) days advance written notice to the Certificate Holder.
H. Compliance with the foregoing requirements shall not relieve the SERVICE
PROVIDER of its liability and obligations under this Section or under any other
section of this Agreement.
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L$l
I. 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.
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
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
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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 at 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.
B. 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 seq., which prohibits discrimination in
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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 sea. 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 sea. 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.
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ARTICLE 12. NOTICE REQUIREMENTS
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:
If to the PROVIDER:
Miami -Dade County
Office of Grants Coordination
111 N.W. 1St Street, 1 9n 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.
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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;
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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.
ARTICLE 16. TERMINATION BY EITHER PARTY
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
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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
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14.1
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
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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 -bade 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.
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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;
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(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
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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 (1/4) 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 of 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.
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XQ
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.
q) 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.
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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
CB
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
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 / 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 I 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
r
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract
date herein above set forth.
CITY OF SOUTH MIAMI
By:
Name:
Title:
Date:
Attest
Authorized Person OR
Notary Public
Print Name:
Title:
Corporate Seal OR Notary Seal /Stamp:
MIAMI -DADE COUNTY
By:
Name: Jennifer Glazer -Moon
Title: Spec Asst /Director OSBM
Date:
Attest: HARVEY RUVIN, Clerk
Board of County Commissioners
By:
Print Name:
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(a�cityofsouthmiami 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
npsrrihp the nmaram coals: To provide positive social cultural educational and recreational
nper-rihp the nroaram and services and how program funding will be used: Through our Parks
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
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]).
from meals provided.,...
SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES
Describe how your organization will do outreach and public awareness of program activities:
grassroots organizations will also increase public awareness OT me p1UUIUIII.
SECTION VI: 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.
Signature and Title of Person Completing Form
2of3
Carol Aubrun Grants Writer & Admin
Print Name and Title
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 40 week which equals $336.
TOTAL AWARD: 18 400.00
Page 1 of 1
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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: CaarciaCa)cityofsouthmiami.net
Fiscal Contact Person: Worrell Troup
Phone Number: 305- 668 -7232 Fax Number: 305 - 668 -7388
E -mail Address: WtroupCo)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:
nncrrihn tMn nrnnrnm and services and how program funding will be used: Through our Parks
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
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:
SECTION VI: 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 Completing 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: S26J75.0 0
Page 1 of 1
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ATTACHMENT C
i.ligistagag
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
who being duly sworn states: (insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in this
affidavit and I 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 for the same agreement. Bids or proposals found to be collusive shall be
rejected.
By: 20 -
Signature of Affiant Date
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
:. W .
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of ,
20_
He /She is personally known to me or has presented
as identification. Type of identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public — State of
Serial Number
Expiration Date
Notary Seal
Miami -Dade County
MI®DADE VENDOR AFFIDAVITS FORM
(Uniform County Affidavits)
Department of Procurement Management
Vendor Assistance Unit
111 NW 13' Street, Suite 1300, Miami, Florida 33128 -1974
Telephone: 305- 375 -5773 Fax No: 305- 375 -5409
wwvv miamidade.aov/dom
Complete the Vendor Affidavits Form to update affidavits previously submitted with the
Vendor Registration Package. it is the vendor's responsibility, to keep all affidavit
information current, complete and accurate, by submitting any modifications to the
Department of Procurement Management, Vendor Assistance Unit.
FTVW�i r
FEDERAL EMPLOYER
IDENTIFICATION NUMBER (FEIN)
in order to establish a file 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).
❑ F.E.I.N.
❑ S.S.N.
Name of Entity, Individual (s), Partners, or Corporation
Doing Business As (If same as above, leave blank)
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.
% OF
FULL LEGAL NAME TITLE ADDRESS 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.
% OF
FULL LEGAL NAME TITLE ADDRESS OWNERSHIP
4/23/2008
2. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ordinance No. 90 -1 33, 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 No
Does your firm provide paid healthcare 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
Other
Males
Males
Males
Males
Females
Females
Females
Females
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance.
3. MIAMI -DADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE CERTIFICATION
(Section 2- 8.1.2(6) 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 -free 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 aboutt
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 initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. El
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.).
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 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 Stat 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.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631
1 hereby affirm that I am in compliance 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 acknowledge that I have read the aforementioned requirements and the entity is in compliance
4/23/1000
S. 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.
1, 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. E
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. 0
7. MIAMI -DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 7, Section 2- 8.7(i) and 2- 11(b)(7) of the Miami -Dade County Code through (6) and (9) of the County Code and County Ordinance No 00 -7
amending Section 2-11.7 (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.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance El
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 an
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 11 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 ccm,ltance. 0
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.
1 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 1 have read the aforementioned requirements and the entity is in compliance.
4/28 /2008
10. MIAMI -DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Article 8, Section I 1 A -60 - 11 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.
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 that I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the
Miami -Dade County, Vendor Assistance Unit, immediately if any of the statements attested hereto are no longer valid.
(Signature of Affiant)
Name
NOTARY PUBLIC INFORMATION
Notary Public — State oft
SUBSCRIBED AND SWORN TO for affirmed) before me this _ day of
by
Type of identification Produced
Signature of Notary Public
Print or Stamp of Notary Public
e /xe /x008
He or she is personally known to me ❑
20
Or has produced identification ❑
(Serial Number)
Expiration Date Notary Public Seal
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
This sworn statement is submitted to
by
(Print individual's name and title)
for
(Print Name of entity submitting sworn statement)
whose business address is
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 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 CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of
20. Personally known
OR Produced Identification Notary Public - State of
My commission expires_
(Type of Identification)
(Printed typed or stamped commissioned name of notary public)
2of2
MIAMI -DADE COUNTY (Attachment F)
OFFICE OF GRANTS COORDINATION
COST -BASED CONTRACT
MONTHLY SUMMARY OF EXPENDITURES REPORT
COUM'f • • t
Agency Name:
Approved Budget
Amount
Allocation Amount:
i
GC Use Only
(Do no {:wnte m this column)'=
...::.;...._.,; -
Agency Address:
Contract Number:
Contact Person:
Agreement Period:
10/1/2009 - 9130/2010
Telephone:
Ordinance Number:
Program Name:
Today's Date:
11/19/2009
Pw wnm uv.
Actual operating expenses covering the Month of: are outlined in Column II below:
Approved Budget, Line Items
DIRECT COSTS:
Approved Budget
Amount
Monthly Expenses
i
GC Use Only
(Do no {:wnte m 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 it
and provide appropriate authorization on the signature page (Page 2, over)
OGC 029 (rev. 111161091 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
Print
County /Department Use Only
C.O. NOTE:
FISCAL PREPARED BY:
DATE:
FISCAL APPROVED BY:
DATE:
VOUCHI
INVOU
VEND(
INDEX C
SUB -OBJ
AMOUNT TO
OGC 029 (rev. 11116/09) Page 2 of 2
Executive Director / Agency Designee Signature
November 19, 2009
Date
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MIAMI -DADE COUNTY (Attactment H)
OFFICE OF GRANTS COORDINATION: MIAMFn4DB
FISCAL YEAR 2009 -10 CLOSEOUT REPORT I
LINE ITEM BUDGE T REFLECTING ACTUAL EXPENDITURES
Agency Name:
Approved Budget
Amount
Allocation Amount: -.
Closeout / Fnal Amount -.
-OGC Use Only
,(Do not wnte In this .. column):
.:
Agency Address:
Contract Number: .
dontact Person:
Agreement Period:. j
1011/2009 - 9/30/2010
Telephone:'.
Ordinance Number: .
Program Name
Dater
11/19/2009
`
Approved Budget Line Items
i!
DIRECTCO.STS: -;c-
Approved Budget
Amount
Actual expenses from
Oct. t, 2009 through
Sept. 30, 2010
Closeout / Fnal Amount -.
-OGC Use Only
,(Do not wnte 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 idescribe in narrative
Other Direct Costs Kdescribe 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
11/19/2009
Executive Director / Agency Designee Signature Date
OGC 027 (rev. 11/16/09) Page 1 of 2
CounWDepartrnent Use Only
CONTRACTS & GRANTS MANAGEMENT UNIT SECTION
c.o.
qLO
BG❑
EHO
$so
OTHER
AF❑
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- OTHER❑
AN❑
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OTHER❑
BS❑
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OTHER❑
OTHER❑
C.O. NOTE: L
FISCAL UNIT SECTION
PREPARED BV:
DATE:
APPROVED BV:
DATE:
AM(
OGG 027 (rev. 11116/09) Page 2 of 2
ATTACHMENT
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97 -104)
Name of Organization:
Address:
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 ".
NAME OF SUBCONTRACTOR OR SUB- CONSULTANT ADDRESS CITY AND STATE
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 true, correct and complete:
Signature of Authorized Representative: _
Title:
Firm Name:
Address:
Telephone:.
Date:
Fed. ID No.
City/ State/Zip:
Fax: ( ) E -mail:
Page 1 of 1
(USE SERVICE PROVIDER'S LETTERHEAD) (Attachment J)
AUTHORIZED SIGNATURE FORM
DATE:
This form certifies the names, titles and signatures of individuals authorized by the Provider to sign contracts,
checks, budget revisions, payment requests, and other requests that may be requested by the Office of Grants
Coordination (OGC) for disbursement of funds. Attached hereto and incorporated herein is a certified copy of a
duly authorized and executed resolution passed by the Provider's Board that provides for this authorization. These
signature authorizations are retained by the Office of Grants Coordination for auditing purposes. Should the
Provider desire to change the information on this document, a certified and authorized and executed Resolution
describing the desired changes should be submitted to the OGC.
NAME (please type) TITLE (please type) SIGNATURE
I. Prime Contracts and Subcontracts
II. Checks (List amount limits)
III. Bud act Revision Requests
IV. Payment Requests
RESOLUTION NO. 215 -09 -13024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE
AGREEMENT WITH THE MIAMI -DADE 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.
WHEREAS, the City of South Miami Parks and Recreation Department provides a variety of
recreational and social activities for its seniors and youth residents through the South Miami Senior
Center and Gibson- Bethel Community Center; and
WHEREAS, the Parks and Recreation Department is desirous of continuing to provide additional
meals for its senior residents on the weekends; and
WHEREAS, the Parks and Recreation Department is desirous of continuing to provide tutoring
services to the children of the After - School House Program; and
WHEREAS, Miami -Dade County is desirous of assisting the City of South Miami in continuing to
provide both of these services; and
WHEREAS, the City of South Miami has again has been awarded the grant for seniors to receive
weekend meals and children to continue to receive tutoring services during the week for the 2009 -2010
fiscal year through Miami -Dade County Office of Grant Coordination.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. That the City Manager is authorized to execute a contract with the Miami -Dade
County Office of Grant Coordination in an amount not to exceed $45,175 for the
provision of weekend meals for senior residents and tutoring services for the
children of the After School House Program during the 2009 -2010 fiscal year.
Section 2. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this 8th day of December 2009.
ATTEST:
Y CLER-
APPROVED:
4M OR
COMMISSION OTE: 5 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Newman: Yea
Commissioner Sellars: Yea
South Miami
To: Honorable Mayor Feliu, and Members of the City Commission
Via: Roger M. Carlton, Acting City Manager
From: Cesar Garcia, Parks & Recreation Director
Date:
November 20, 2009
Agenda Item No.:
Subject: 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 MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE
AGREEMENT WITH THE MIAMI -DADE 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 TIM 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 Grant Coordination, Fiscal Year 2009 -2010.
Backup Documentation: Proposed Resolution
Service Agreement with Miami -Dade County
Office of Grant Coordination
f Pif
M x
GOIJNTrY, { %,
Carlos Alvarez, Mayor
November 13, 2009
Horace G. Feliu, Mayor
City of South Miami
6130 Sunset; Drive
South Miami; FL 33143
Dear Honorable Mayor:
Office of Grants Coordination
111 NW 1 st Street 19th Floor
Miami, Florida 33128 -1994
T305-375-4742 F305-375-4049
miamidade.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.
You may receive an advance of up to a maximum of 25% per program (if applicable) but you
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.
Sinc ly,
a T. Wali, ecior
O jce of Grants Coordination
C7. Theresa Fiano, Assistant Director
Stan Thompson, Contracts and Grants Administrator
Enclosure
i
r
Office of Grants coordination
111 NW 1st Street 19th Floor
Miami, Florida 33128.1994
T 305 - 375.4742 F 305 - 375 -4049
miamidadegov
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' 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 Soope(s) of Services and Budget(s), which are both
subject to change at the County's sole and absolute discretion, in addition, all 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 Agra ament 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 Officer,
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.
Sin erely, � J
tt""
aniel T. Wail
Director, Office of Grants Coordination
I agree to the terms and conditions described in this Service Authorization Agreement.
Signature of Authorized Representative Print Name
Date
cc: Contract file
Enclosures
PLEASE INCLUDE CORPORATE SEAL AND /OR NOTARY STAMP
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 1: 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.
1OFI/I V ,fii
READ AND APPROVED AS TO FORM:
U/7
ClItAkTTORNEY
COMMISSION VOTE: 4-0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
SOCIAL SERVICES CONTRACT
This Contract, made and entered into this 0 O day of L—�- , 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 Coordination (hereinafter referred to as "OGC" ), located at
2525 NW 62 "d Street 4ih 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 Miami 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 (CB)
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.
II. 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 OGC in writing.
III. 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 line 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 %) 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.
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 OGC 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. Government Entity. Govemment entity shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all liability, losses or damages,
including attomey'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 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 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 losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Provider expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided.
C. Term 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 768.28, Florida Statues. The Provider shall also furnish 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 NSW. 62" Street, 0 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. 1ST 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, Oldwick, 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 LICENSURE/CERTIFICATION 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 care, nursing homes, and boarding homes.
Page 4 of 17 (CB)
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. 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 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 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 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 codified at Section 2 -11.1 et al. of the
Page 5 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.
IX. 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 at seq., which prohibits discrimination in
employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.C.
§1612, as amended; and the Fair Housing Act, 42 U.S.C. §3601 at 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 and/or contact person by giving written notice as provided above to the
other party.
XI. 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 tern,
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 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 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 manner any and all of its obligations,
covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this
Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Contract.
B. County Remedies. If the Provider breaches this Contract, the County may pursue any
or all of the following remedies:
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 attorney's fees. Any individual or entity who attempts to
meet its contractual obligations with the county through fraud, misrepresentation or material
misstatement may be disbarred from county contracting for up to five (5) years;
6. Any other remedy available at law or equity
C. The 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, 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 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 attorney'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.
XVI. 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 OGG 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 (25 %) 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
lump 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 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
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 OGC must receive the Monthly Summary of
Expenditures Report and the Monthly Performance Report no later than the 15'h 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 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 expenditure. When original documents cannot be produced, the
Provider must adequately justify their absence in writing and fumish copies as proof of the
expenditures.
D. 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 shall take a minimum
of thirty (30) 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 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 Process /Recapture of Funds. Upon the expiration of this Contract,
the Provider shall submit Closeout Report documents to the OGC 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 shall be recaptured by the County.
G. OGC 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 Corporate 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 Requirements. 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 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 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 I% 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 (CB)
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 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 15th 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 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 Contract. The OGC 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.
K. Client Records. The Provider shall maintain a separate individual case file for each
client/family served. This 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;
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.
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 Operations Plan (COOP). The Provider shall submit to the
OGC an Agency Disaster Plan/COOP by April 1" 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 this Contract without the prior written approval of the OGC, 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 Services
(Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the
subcontractors and suppliers on the form attached as Attachment 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 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.
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 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'.
e) 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.
i 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 Contract/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 F:
Attachment G:
Attachment H:
Attachment I:
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)
IN WITNESS WHEREOF, the parties have executed this Contract effective as of the contract date
herein above set forth.
�
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Corporate Seal OR Notary Seal /Stamp:
By:' -a
Name:
Date: �� 0 �
Attest: HARVEY RUVIN, Clerk
Board of County Commissioners
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Print Name:�
Page 17 of 17 (CB)
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LOINS:0010ber5, 2011
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Date: �� 0 �
Attest: HARVEY RUVIN, Clerk
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Print Name:�
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: Goarciaocitvofsouthmiami.net
Fiscal Contact Person: Ana Larzabal
Phone Number: 305 - 669 -0712 Fax Number: 305-667 -1758
E -mail Address: AlarzabalOcitvofsouthmiami .net
Contract Amount: $18,400.00 Contract Period: October 1. 2008 — September 30, 2009
SECTION 11: PROGRAM NARRATIVE
Descriptive Program Name: South Miami Senior Meals
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:
2 of 3
•
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 Completing Form Print Name and Title
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City of South Miami
Senior Weekend Meals Program with
Miami -Dade County
October 1, 2008 - September 30, 2009
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 44 weeks =
6,280 meals total. The cost per meal is estimated at $3.60 based on previous contract
year.
TOTAL AWARD: $189400.00
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 1: 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: Caarcia0citvofsouthmiami.net
Fiscal Contact Person: Worrell Troup
Phone Number: 305 -668 -7232 Fax Number: 305- 668 -7388
E -mail Address: Wtroup(&citvofsouthmiaml.net
Contract Amount: $38,250.00 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):
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]).
SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES
np -gmihe how vour oraanization will do outreach and public awareness of program activities:
2 of
ATTACHMENT A
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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.
U' [ Grants Writer & Admin.
Signature and Title of Person Completing Fom7
3 of 3
Carol Aubrun Grants Writer & Admin
Print Name and Title
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City of South Miami
After School House Program with
Miami -Dade County
October 1, 2008 - September 30, 2009
DIRECT COSTS
Personnel: Salaries
Teacherslinstructors ($37,440):
These line 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 Costs (Snacks) ($810 00).-
This line item covers a portion of the cost of snacks for the After School House Program
and costs of Saturday School Breakfast during our Saturday FCAT Academy Sessions.
TOTAL AWARD: $38.250.00
Page 1 of 1
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CITY OF SOUTH MIAMI
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JOB DESCRIPTION
JOB TITLE: Instructor DATE REVISED: 10/1/2008
REPORTS TO: Recreation Supervisor FLSA STATUS: Non - Exempt
GENERALSUMMARY
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 in 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.
i
DUTIES AND RESPONSIBILITIES
S 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 leveI(s).
Develop daily and unit Iesson plans and a scope and sequence that are thoughtful, goal- oriented and aligned with
curriculum and carefully plan for substitute teachers when unable to attend school.
3 Develop positive appropriate relationships with students, including explicit recognition of their growth (e.g., positive
calls home, positive notes, etc.).
S Regularly assess student mastery of key skills and concepts and use this data to differentiate instruction to meet
student needs.
8 Maintain accurate, thorough records of student achievement and behavioral performance.
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.
S Maintain a neat, clean classroom environment.
Responsible for maintahiing progress reports with the schools in an effort to review the children's ongoing progress.
d• Assists with a variety of tasks assigned by the Recreation Supervisor.
MWBViU I QUALIFICATIONS REQUIRED
Bachelors Degree required.
A comparable amount of training or experience required.
Must possess a valid State of Florida's Driver's License.
KNOWLEDGE, SHILLS AND ABILITIES REQUIRED TO PERFORM JOB
Working knowledge of modern office practices and procedures.
v Proficiency in Microsoft Windows 95, Microsoft Word or Word Perfect, Excel, Lotus, Microsoft Outlook
•S Ability to maintain confidential and sensitive information.
Ability to communicate clearly and concisely both orally and in writing.
Ability to effectively meet and deal with the public and the ability to handle stressful situations.
MV
Rev 06/2008
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MIAMI -DADE COUNTY
OFFICE OF GRANTS COORDINATION
MONTHLY SUMMARY OF EXPENDITURES REPORT
AWARD INFORMATION (complete all sections noted with TM
Agency Name -: Project Name:
PREPOPULATE
Total Award Amount:
PREPOPULATE
Address`*':
Agreement Period:
October 1.2008.September. 302009
Ordinance No:
PREPOPULATE
Index NO:
PREPOPULATE
Contact Person -:
Telephone -:
Today's Data -:
BUDGETED AMOUNT! MONTHLY ACTUAL EXPENDITURE AMOUNT
DIRECT COSTS:
Position
Fringes
Position
Fringes
Position
Fringes
Position
Fringes
Travel
Supplies
Equipment
Contractual Service
Other Direct costs
Other Direct Costs
Other Direct Costs
Subi
INDIRECTCOSTS:
Position
Fringes
Position
Frimje
Other Indirect Cosa
Other Indirect Cosb
To
NM Math W.W.
Operating expenses for the Month of L are outlined in Column 2 below.
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Page 1 of 2
b
Monthly Expenses
Y.T.D. Expended
Contract Balances
$0.00
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$0.00
$0.00
$0.00
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$0.00
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$OAO
$0.00
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50.00
$0.00
$0.00
$0.00
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$0100
$0.00
$0.00
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$0.00
$0.00
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$0.00
$0.00
SO,00
$0.00
$O.00
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0.00
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AUTHORIZATION
1 hereby certify that this expense report submided by the undersigned constftutes approved budget expenses during the period listed above:
DATE
PRINT NAME
PRINT TITLE
SIGNATURE
ComHy/Deparfinent Use Only
C.O.
AGENCY NAME
MONTH
RECEIVED BY
TB❑ EH❑ AL❑ NR❑ ❑OTHER
DD❑ SJ ❑ YM ❑ BS ❑ ❑ OTHER
BG ❑ KK ❑ AN ❑ ❑ OTHER
OG ❑ ❑ OTHER
MD❑ ❑ OTHER
MV❑ ❑ OTHER
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PROVIDE
Page 2 of 2
❑ OCT. 2008
❑ JAN, 200.9
❑ JAN, 2009
❑ JAN, 2009
❑ NOV. 2000
❑ FEB, 2009
❑ FEB, 2009
❑ FEB, 2009.
❑ DEC, 2608
❑ MAR, 2009
❑ MAR, 2009
❑ MAR, 2009
OG ❑ ❑ OTHER
MD❑ ❑ OTHER
MV❑ ❑ OTHER
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PROVIDE
Page 2 of 2
Miami-Dade County
MiAM VEN 6g
R Fr9DP vas FoRm
(Uniform County Affidavits)
Department of Procurement Management
Vendor Assistance Unit
111 NW I" Street, Suite 1300, Miami, Florida 33128 -1974
Telephone: 305.375 -5773 Fax No: 305- 375 -.5409
wig mia - dade.Oov/dmm
Complete the Vendor Affidavits Form to update affidavits previously submitted with the
Vendor Registration Package. It is the vendor's responsibility, M keep all affidavit
information curmn4 complete and accurate, by subm(tting any modifications to the
Department of Procurement Management, Vendor Assistance Unit,
i"U( _rni
artners, or C
FEDERAL EMPLOYER
%DENTIFZCATION NUMBER (FE %N)
In order to establish a file for your Firm, you must
enter your firm's FEIN or If none, the owner's Social
Security Number. This number becomes your "County
Vendar Number'.
please enter your Federal Employee Identification
Number (FEIN). gL your Social Security . Number
(SSN).
❑ S.S.N.
D ing Business As (it sae as above, leave oiane)
/�/�.� ✓rn.�e71 m
Dri'tle'. "St%-°X �blrarriI* .1 L. 3310 3
Street Address (Post Office addresses are not
1. MIAMi-)ADE COUNTY OWNERSFRP DISCLOSURE AFFIDAVIT
(Sec. 2 -8.1 of the Miami -Dade County Code)
O. 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 ifneeded for additional names).
ti no officer, director or stockholder owns (5 %) or mare of stock, please write "None" below.
AIL
Full LEGAL NAME WLE ADDRESS % OF
OWNEA5HP
IS. 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 ft1o5cate in Space below:
FULL LEGAL NAME 7ME ADDRESS % OF
OWNERSNO'
4/23/2008
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:
1. Does your firm have a collective bargaining agreement with Its
employees? Yes V No
2. Does your fine provtde paid health care benefits for in employees?
Yes Na
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
Other
Males
(�j
- Males
}
Males
x61
✓^^!
Males
Females
�L)
Females
)jSJ
Females
Females �.
Mylnhid, acknowledge that thane readthe aforementlowd requtremeafr amd the entify8 An ocurg eo.0
3. MTAMf- 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 -free 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:
i. Danger of drug abuse In the workplace
2. The firms' polity 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 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 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 dru94ree 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.
MyWch acknowledge "I have read the aforemerdlanedrequ/remenh and Ore emify trio compSancs.
4. MIAMPDADE 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.).
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 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 Start 327, 42 U.S.C. Sections 225 and 611 including Titles I, It, III, IV and
V.
The Rehabilitation 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
J hereby affirm that l am In compliance wi the below secRonsi
Section 2- 10:4(4)(x) of the Code of Miami -Dade County (Ordinance No. 8247), 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 Wilah acknowledge that t have read the aferementloned requirements cod the entity 1, N comnawrce En
4/23/2008
S. 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.
1, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -Dade County{{;;.,��1
MyrdWs ackem iodge llwt I have reed tk oforenmtioned requirements and the entity h in c"Auuc' FP
6. MIAM-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 dominant 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 Mlamt -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.
myrards acknowledge that i fiwe read the okremenfaned requirementr end the entity h in eompfie,ce.. Fe
7. MIAM-DADE COUNTY CODE OF BUSINESS ETWCS AFFIDAVIT
(Article 7, Section 2- 8.10) and 2- 11(b)( 7) of the Miami -Dada County Code through (b) and (9) of the County Code and Counfy Ordinance No 00 -1
amending Section 2- 11.1(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
28.1 of the County Code. The Code of Business Shia 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, a
Mgtrefiah ochirowkedge that I hove read the alorerrx:Mkoned requirements and We engtylr In compF'mxe
8. MIAMWADE 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 cloy 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
authorised 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 it 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.
MyhdtloB ad inviedge that t have read the ateremennenedrogdrremenh and the erdityh to compliance. we
9. MIAMi -DADE COMITY LIVING WAGE AFFIDAVIT
(Section 24.9 of the Miami -Dade County Cork)
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 Miom1 -Dade County shall pay the prevailing living wage required by the section of the County Code.
My [Wads acknowledge that t have read the oferementloned requirements and the entity it In compliance. IyvYyf/
A/23/2008
I0. M IAM)I-DADE COUNTY DOMESTIC LEAVE ARID REPORTING AFFIDAVIT
(Article 8, Section ) )A -60 - ) ) 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.
1 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.
MyImirft r acknowkdge Wot tkave )oadNte afmunrenNareed requframanh =d& erelty h in campl/mce. 0
I, 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 i — 10, pages 5 through 8 of this Vendor Registration Package.
I also attest that 1 will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the
Mtaml -Dade County, Vendor Assistance Unit, Immediately if any of the statements attested hereto are no longer valid.
(Signature f am) ` (Date)
Notary Public —State of, `j-" t'pd I —
State
NOTARY PUBLIC INFORMATION
6 �oav-
Count' of
SUBSCRIBED AND SWORN 70 (or affirmed) before we this QrG -- day of ._
by (�� _96_10? L,tr I He or she is personally known to me pLJ Or has produced identification ❑
Type of Identification Produced
Signatr of Notary Public (Seri NKENGA A. PAYNE
ur PY'
may^ p .yi . ',= f,1Y COIRES50N# 5,2011025
EXPIRES:Octobec 5, 2611 ,s
Print or amp of Notary Public xprofio Dote
s /2s /2ooe
riiCTiL
. x
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS r�
1. This swggo,, /m statement is submitted to r (
by Uv �r 1 d YtCJ a u e ct'i u t"tt.('r")gAe f
(Print individual's narhe and title)
for G, 'N or S00 TYI MI' m l
(Print Name of entity submitting sworn statement) r
whose business address is
(J( sui-Y— Drib a Jt7tL %fircCs2ttt
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 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
EUE
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
I 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.)
X Neither the entity submitting this swom 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).
(Signature)
Sworn to and subscribed before me this day of
2Q01 . Personally known lip
OR Produced Identification
Public - State of
My commission expires
(Type of Identification) „
(Printed typed
2 q/2 A4Y COMMISSION N DD 714025
',u�._•• "= r-,n!'IRES: 0010bs(8, 2017
�•: d. °n4�•• 13nnd¢tl Tinii NOlsry PUb4c Und¢tw�irers
ATTACWdENT G
AND SUPPLIERS
(Ordinance
Marne of Organization: _U - SOO dh q' M i. Address: Sep 'Yh ra�r'f �L j3!
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 "NIA ".
NAME OF SUBCONTRACTOR OR SUB- CONSULTANT ADDRESS CITY AND STATE
W 6e
b pe" DUB' �%
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 "NIA ".
NAME OF SUPPLIER ARDRESS CITY AND STATE
/Jv suLb W!ll b_,,P two !a �kat �+ i oar a6k_
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title: C - E Man �P Date:_ A)A
Firm Name S�< I r t Q
',0V_ � Fed. ID No ?9 ° 0000 V,3 f
Address: ._(,iqo skAn &j brt`u Gity /StatelZip; `,c �i tctc tt 33I
Telephone: 3La"- at°6B -aL Fax. kZ1 1 "a -& _ E -mail: *— f z!5 oliz- ' as
Page I of 1
Office of the City Manager
DATE: 12/17/2008
��sitrr�;
°'cir'ss'S9"
C9016II, eJPe'Ztk tlY /..rdQ'IYI.✓/
AUTHORIZED SIGNATURE FORM
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 tvue)
Prime Contracts and Subcontracts
Mr. W. Ajibola Balogun
II. Checks (List amount limits)
Mr. W. Ajibola Balogun
Mrs. Matilda Menedez
Mrs. Maria Menedez
III. Budget Revision Requests
Mr. W. Ajibola Balogun
Mrs. Matilde Menedez
N. Payment Requests
Mr, W. Ajibola Balogun
Mrs. Matilde Menedez
TITLE (please tvnel
City Manager
City Manager.
Finance Director
City Clerk
City Manager
Finance Director
City Manager
Finance Director
South Miami
aaamulrecny
i
zllnl
SIGNATURE
4L"
6130 Sunset Drive South Miami, Florida 33143 -5093 ^ Tel: (305) 663 -6338 ^ Fax: (305) 663 -6345
www, cityofsouthmiam i. net
Attachment 1
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
Provider's already determined Performance Grade of A . 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.
CITY OF SOUTH MIAMI
By:
Name:
Title:
Date:
Aitest: Syr
Au "zed Person OR
Nota Public
Print Name:
Title: J" � t.
Corporate Seal OR Notary Seal /Stamp:
+� "'py;� MNI YNE b?''�rc' �'�`;: D 714025 �;,�' 5, 2077. "�BG�R�` VndenvMers
Attachment I
ACKNOWLEDGMENT FORM
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
Provider's 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
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.
CITY OF SOUTH MIAMI
By:
Name:
Title:
Date:
Attest:
4AFiz—ed Person OR ublic
Print Name:`
Title: $ UA �, A
,,,,, ^a -� -.., NKENGAA.PAYNE
pq,. *� � Via: MY COMMISSION H D0774625'
��;>+•€ EXPIRES:Octnbor 5, 2011
'Corporate Seal OR Notary Seal /Stamp: - r,�;p,; ao�a,m�noaryPw <u�4�nras
RESOLUTION NO.: 174-07-12559
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; PROVIDING 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 1: 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 day of;,_01, 2007.
A EST:
i
CLERK
READ AND APPROVED AS TO
File Name and Path
COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Vice Mayor Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
1
i
CONTROL Ol PS0607 -24
MIAAH-DADE COUNTY
AND
City n Miami
Miami -Dade County by and through its Department of Human Services located at 252.5
NW 62 "d Street 41h Floor Miami Florida 3314.7 (hereinafter called "the County") and City-of
South Miami located at 6130 Sunset Drive South Miarn' Florida 33143 (hereinafter called "the
Provider") hereby agree on this fi� q 200 f to amend the Agreement
dated March 6.2007 beiweeu the County and Provider (hereinafter called "the Agreement ") and
therefore makes the following recitals.
WHEREAS, the County and the Provider entered into the Agreement for the provision of
SociaUHuman services; and
WHEREAS; 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 ATTAC;tJ1VUNT A. 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 has been designated Attachment A, Amendment #1'.
11. ATTAC {1ST 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 #1.
M. EFFECTIVE 'Y'EI8K Both parties agree that the effective term of this
Agreement shall be from January 1, 2007 to September 30, 2008.
IV. AMOUNT PAYABLE is amended to read:
Subject to available funds, the maximum amount payable for services tendered
under this Agreement shall not exceed $72,000, of which $38,250 represents°ithe
FY 07 -08 award. Both parties agree that should available County fiardirg be
reduced, the amount payable under this Agreement may be proportionately
reduced at the option of the County.
a:a
�k
1 of 3
FY 2006 -2007
Provider Amendment #1
V. If any conflict in language exists between the Agreement and this Amendment #1
the language in this Amendment #1 shall prevail.
VT. All terms and conditions of the Agreement not affected by this Amendment #1 are
still in full force and effect.
VtH. This Amendment #1 is hereby made a part of the Agreement and is binding upon
the County and the Provider.
2 of 3
CONTROL 11 PS0607 -24
FY 2006 -2007
Provider Amendment #1
IN W SS WHEREOF, the parties hereto have caused this three (3) page amendment to
be executed by their officials thereunto duly authorized.
(SEAL)
ATTEST: 61 ) . � 1 .�ilct� �6
AGENCY
By:
tinature2o4f—Au t horized Representative
Type or Print Name
Witnesses-
By: I ll-�
(Signa ure
C
Type or Print Name
Rev. 5/07
E3
By: &L/(/XG
(Signature)
�1 e4b VOL V)
Type or Print Name
3 of 3
MIAAG -DADS COUNTY, FLORIDA
(J-i' zj (R :� b�
GEO G M BURGESS
COUNTY MANAGER
F1Tl
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 City.o€ South Miami wish to accept FY
2007 grant funds from the Miami -Dade County Departrh6nt'of Human Services; and
WHEREAS, the grant will provide funds for after- school tutoring and homework assistance;
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant
contract for FY 2007 Department of Human Services Grant with`the Miami -Dade County
Department of Human Services.
NOW, THEREFORE, 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 2007 award from the Miami -Dade County
Department of Human Services.
Section 2 That the Mayor and City Commission authorize 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 reference into this resolution.
PASSED AND ADOPTED this f~ Gf day of A— �jX A-zzj 2007.
f
ATTEST:
c
CITY CLERK'
. O � . �T
CITY RNEY
Include File Name and Path
APPROVED:
COMMISSION VOT� ")
Mayor Horace Feliu
Vice Mayor Randy G. Wiscombe
Commissioner Jay Beckman
Commissioner Marie Brits
Commissioner Velma Palmer
5 -0
Yea
Yea
Yea
Yea
Yea
1
NHAMI-DADE DEPARTMENT HUMAN SERVICES
SOCIAL SERVICES CONTRACT
This Contract, made this day of �' V C—k > 200 9, 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 62° 1 Street 4s' 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.
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 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 Ordinance 05 -173 to the Provider
for the proposed services;
WHEREAS, the County has appropriated Rinds 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 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 of the County.
EL SCOPE QF" 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,
M. 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.
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The provider may sbi . rands between line items not to exceed ruteen percent (15 %) of the
total budget by submission of a Budget Modification Request to the Department for approval..
Variances greater than fifteen percent (15 %) 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 Attaclunent B.
In no event shall the budget include a line item for indirect costs in excess of fifteen percent
(I5 %) 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.
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.
W. EFFECTIVE TERM. The effective term of this Contract shall be from January 1 2007
or when executed by both parties, whichever is later, to September 30, 2007.
V. 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 attorney's fees and costs of defense, which" the County or its officers,
employees, agents or instrumentalities may incur as a result of clams, demands, snits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting frorn 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 shalt 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
stem 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 &•om any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Contract by the Provider or its employees, agents, 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 casts, judgments, and attorney's
fees which may issue thereon. Provider expressly understands and agrees that any insurance
protection required by this Contact 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.
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C. Term of hidei,uaification. The provisions of this sect un or indemnification shall
survive the expiration or termination of this Contract.
VT. rNSTJRA.NCE.
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 f rmish to
the County, upon request, written verification of liability protection in accordance with section
765.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond
that provided in section 768.28, Florida Statues.
B. All Other Providers. The Provider shall furnish to Miami -Dade County, Department
of Human Services, 2525 N.W. 62 "d Street, e .Floor, Miami, Florida 33147, Certificate(s) of
hisurance 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 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 hisurance Guide, published by A.M. Best Company, Oldwick,
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 Department of
Insurance and must be members of the Florida Guaranty Fund.
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Certificates of Insurance shah indicate that no modification or change' n insurance shall be made
without thirty (30) days written advance notice to the certificate holder.
VTI. PROOF OF LICENSI7RE /CERTIFICA`T'ION AND BACKGROUND SCREENING.
A. Licensure. If the Provider is required by the State of Florida or Miami -Dade County
to be Iicensed 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 suchticensure 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. 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 9 85.01 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... mast 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 sef 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 I Screenings
can be accomplished electronically on line with the Florida Department of Law Enforcement
www. fdle .state.f-l.us /CiiminalPfistory /. 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 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 wonting
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.
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The County requires that o...y employees and subcontracted empl_yees 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 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
ofthe 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 codified at Section 2 -1 Ll 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.
UL CML RIGHTS. The Provider agrees to abide by Chapter t IA 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 Art of 1968, as amended, which
prohibits discrimination in employment and public accommodation; the Age Discrimination Act of
1,975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §
12103 et seq., which prohibits discrimination in employment and public accohmodations because
of disability. It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the County shall have the right to terminate this Contract. It is further understood that
the Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts
or the County to be in violation of these Acts, the County will conduct no further business with the
Provider.
Any contract entered into based upon a false affidavit shall be voidable by the County. If the
Provider violates any of the Acts during the tetra 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 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 -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 commencement of debarment proceedings against Provider.
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X. NO'TTCIES. It is unde stood 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 patty.
XI 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 fumding 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.
XIL BRACH O>{ CONTRACT: COUNT'S' RGMEDIDS.
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 tern 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 Tusk Management Division; (4) 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 Iaws 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 C); (1.1) 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
or proof of tax status; (15) fails to meet any of the terns and conditions of the Dade County
Affidavits (Attachment C) or the State Affidavit (Attachment D); 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 ibis
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.
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In the event of termination, the County may: (a) request the return or all finished or unfhnished
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 County
finds 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 attomey'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 Comity may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations under
this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever
practicable terminate this Contract by giving written notice to the provider of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination.. The County may terminate or cancel any other contracts which such individual or
entity has with the County. Such individual or entity shall be responsible for all direct 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;
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. 1rlottxrithstanding the above, the Provider shall not be relieved
of Jiability. 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 he responsible for all direct and indirect costs associated with such action, including attorney's
fees.
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X111. TERMINATION Q I'THER PARTY. Both parties agree shat this Contract may be
terminated by either party hereto by written notice to the other party of such intent to tenninate 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
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 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 thus Agreement may be paid to the Provider in one
lump sum payment. An advance of up to twenty -£ive 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 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 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. Recuuests for Pa ment. 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 15th 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 documents cannot be
produced, the Provider must adequately justify their absence in writing and famish copies as proof
of the expenditures.
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D. Processing the Reouesr for Payment. After the Department reviews and approves the
payment 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 (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 documentation/invoices axe 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 15a' 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 Department tip 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 Report/Recapture of Funds. Upon the expiration of this Contract, the
Provider shall submit a Closeout Report to the Department no, more than forty -five (45) days after'
the expiration of this Contract. This report shall include a cumulative year -end summary of
Provider's performance and fiscal expenditures. If after receipt of this Closeout Report, 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.
G. DHS 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. PROBIBITED 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. Religions Purposes. County shall not be used for religious purposes.
C. Comrnin�ds. The Provider shall not commingle funds provided under this
Contract with funds received from any other funding sources.
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XVI. RECORDS REPORis AUDITS MONITORING AND RF;v1TW.
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 Director Requirements. 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 9441 - 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. 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.
B. Financial Audi t..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 (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 wider 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 V< of 1% of the total contract amount.
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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 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 Comity 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. Tndenendent Private Sector Inspector General Reviews. Pursuant to Miami -Dade
County Admirvstrative 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.
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The terms of this provision nerein, apply to the Provider, its onicers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any independent
right of the Comity 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 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 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. 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 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 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 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
available to the Alliance for Human Services and its members /partners.
K. Client Records. The Provider shall maintain a separate individual case file for each
:.elieni/family served. This 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 kind of service provided. These files
shall be subject to the audit and inspection requirements under Article XVI Section I, G, H and 7 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 infoiration (III -Il) and/or Protected Health Information (PER)
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, that include but are not limited to:
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1. Use of infgrmnLzon only for performing services requ red by the contract or as
required by law;
2. Use of appropriate safeguards to prevent non - permitted disclosures;
3. Reporting to Miarni -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
IIIIP/PHI will be held confidential;
5. Making Protected health Information (PHI.) available to the customer;
6. Making PITT available to the customer for review and amendment; and incorporating
any amendments requested by the customer;
7. Making PM available to Miami -Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PIII 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 Plan/Continuity of Operations Plan (COOP). The Provider shall submiteo
the Department an Agency Disaster Plan/COOP by April 1" 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 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,
XVH. SUBCONTRACTORS AND ASSIGNMENTS.
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
(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 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.
XVM. MISCELLAI4'EOUS.
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.
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B. Petty Cash, Community Based Organizations who estaunsh a petty cash fund must
maintain detailed support documentation in accordance with the provisions outlined in the Contract
Management Manual.
C. Publicity. It is understood and agreed between the parties hereto that tivs 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 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 forfln 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.
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.
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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 attaclnnents as referenced below contain all
the terms and conditions agreed upon by the parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment Dl:
Attachment D2:
Attachment E:
Attachment 1:
Attachment 0:
Attachment H.-
Scope of Services
Budget
Payment Request
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Progress Report
List of Subcontractors and Suppliers
Living Wage Requirement
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.
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Control OPS0607 -24
Fid WITNESS �VIMREOF, 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:
G(�r c.rE�uTb1V��fcscai�
ENCY
Y:
B (Signature of of epresentaC�e) BY
Marisa M, Menendez
Type or Print Name
Witnesses:
By: Y /2x lief By:
Signature
Type or Print Name
ATTEST:
= HARVEYRUV=FwT, CL RK
ignature of-Authorized Representati e)
1
-�rl l�,�1
Type or Print Name
Type or Print Name
NfIAMI -DADS COUNTY, FLORIDA
By: _
r d a DEPUTY CLERK, GEO� M. BURCrfiS8
MANAGER
76nfX6
C3
RESOLUTION NO.: 181-07-12566
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 Department of Hunan Services;
WHEREAS, the Agreement will provide funding for the Senior Meals Program's services; and
WHEREAS, the City Manager is authorized to execute the grant agreement in an amount of
$18,400.
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 execute 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 � day of �� � , 2007.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
0
File Name and Path
APPROVED:
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
SA0708 -80
if Ih 11 ! I}!
SOCIAL SERVICES CONTRACT
This Contract, made this day of eCjOIA 01; 200 7 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 I41d/ 62nd Street 4j3' Floor Miami Florida 33147 and City of South Miami Senior
Center : having offices at i6130 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 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:
I. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $18 400. 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.
II. 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. 9107 1 of 16 CE
11I, BUDGET 51iMMARY. 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 1/o) of the
total budget by submission of a Budget Modification Request to the Department for approval.
Variances greater than fifteen percent (15 %) 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 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 %), 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 X15 days prior to the expiration of the Contract.
IV. EFF'ECTIVE TERM. The effective term of this Contract shall be from October I, 2007
to 5eotember 30, 2008.
V. INDEMNI ICATIQN BY PROVIDER
A. Government Bnfity. 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 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 govenunent 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 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 "officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits 'cause` 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.
Rev. 9107 2 of 16 CB
Provider shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Provider expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify,
keep and save haruless 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.
Vf. 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 768.28, Florida Statues.
B. All Other Providers. The Provider shall furnish to Miami-Dade County, Department
of Human Services, 2525 N.W. 62 "a Street, 4"' 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, III N.W. 1sT Street, Suite 2340, Miami, Florida 33128. The County shall not
disburse any funds uitil 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 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:
Rep. 9107 3 of 16 03
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
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 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 OF LICENSUREXE+RTIFICATION 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 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. 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 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 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 fdle .state.fl.us /CriininaiHistory /. 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 Pf16 CB
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 persomlel 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 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.
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 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 farther fiends 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 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 CIVIL RIOIITS. 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.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.
Rev. 9107 5 of 16 CB
`fhe 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 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 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.
XI AUTONOIV[Y. 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 ftmding 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 wider this agreement, which by nature would continue beyond the termination,
cancellation or expiration thereof, shall survive termination; cancellation or expiration hereof.
XHI. 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 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 Couurty 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 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 tinder 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
Rev. 9107 6 of 16 CH
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 B); 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. 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 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. The County may terminate or cancel any other contracts which such individual or
entity has with the Coumty, 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;
Rev. 9107 7 of iG CB
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 costs associated with such action, including attorney's
fees.
%IV. TERMINATION BY EITHE R 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. PAYMENT PROCEDITRES. 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 herein and attached hereto as Attachment B. Payment shalt 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 in one
lump 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 %) 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 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.
Rev. 9107 8 of 16 C6
C. Requests for Pavment. The County agrees to pay all budgeted costs incurred by
the Provider which are allowable under -lie 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 docurrients 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 Department reviews and approves the
payment 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 (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 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 in a manner deemed correct and
acceptable by the County, by the 15 °i 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 £or Pavment. 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 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 Reportine 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 program performance, the Year -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. 9107 9 of 16 Ca
G. DHS Contract Manaeenient 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.
YVI. 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, Comminelinu 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 Corporate Status. The provider must submit to the Department, 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 Requirements. irements. 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 if the 941 reflects a tax liability, proof of payment must be. submitted within sixty
(60) days after the quarter ends.
D. (Quarterly Expenditure Reports: 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. Accountintr 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.
Bev, 9107 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 agrees to provide these
docnunents 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 remains in force or until
all funds 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 supporting documentation for all services provided under this Contract
and shall submit such supporting documentation to the County upon request.
H. Qffice of Miami -Dade Count 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 '' /n 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 ITealth 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 cash, trade or volume discounts, insurance proceeds, rebates,
or dividends received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
Rev. 9/07 11 of 16 03
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.
1. 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 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 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 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. 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 which is the subject of this Contract. The Department shall monitor
both fiscal and programmatic compliance with all the terns 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 evaluation and performance reviews of the Provider.
Continuation of this Contract or future funding is dependent upon satisfactory evaluation
conclusions.
Rep. W07 12 of 16 CB
L. Client Records. The Provider shall maintain a separate individual case file for each
client/family served. This case file shall include all pertinent hifonnation 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 inspection requirements under Article XVII Section F, G, H, and J
of this Contract.
M Health Insurance Poiability 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 (11111) and/or Protected Health Information (PHI)
shall comply with the Health insurance Portability and Accountability Act (HIPAA) of 1996 mid
the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy,
security and electronic transfer standards, that 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 Bidder /Proposer and reasonable assurances that
IIHP/PHI will be held confidential;.
5. Making Protected health Information (PHI) available to the customer;
6. Making PHI 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
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 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 Plan/Continuity of Operations Plan (COOP). The 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 tho 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.
XV 11. SUBCONTRACTORS AND ASSIGNMENTS.
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. 9107 13 of 16 CB
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 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.
XIX. MISCELLANEOUS.
A. Out of flown 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 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 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 funding sou ce.
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.
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.
Rev. 9107 14 of 16 CB
P. Counterparts. This Contract is signed in five Sl counterparts, and each counterpart
shall constitute an original of this Contract.
G. Headings. Use of Singnilar and Gender. Paragraph headings are for convenience
only and are not intended to expand or restrict the scope of 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 ContractlSeverability, 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:'
Attachment B:
Attachment C:
Attachment D:
Attachment Dl:
Attachment D2:
Attachment E:
Attachment r:
Attachment G:
Attachment I3:
Attachment I:
Scope of Services
Budget
Payment Request
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Progress Report
List of Subcontractors and Suppliers
Living Wage Requirement
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 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 terns and requirements of applicable law.
Rev: 9107 is of 16 CB
SA0708 -80
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)
By:
0117A �-Wx�t
Type or Print Name
Witnesses:
Signature
Type or Print Name
ATTEST:
By.
gnature of Auk orizresentiative)
V
Auovi de_ ,s
Type or Print Name
BY- —
Signature
0-ad 04bav-�
Type or Print Name
MIAMI -DADS COUNTY, FLORIDA
t. �.Z?
GEORGE�M BURGESS
COUNTY MANAGER
R". 9107 16 of 16 cu