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14To: From: Date: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami hOd iflTr 2001 Steven Alexander, City Manager Agenda Item NO.:i-U March 4,2013 A Resolution authorizing the City Manager to award a one year contract with an option to renew for two one-year options to the most responsive and responsible bidder for the City'S Senior Program weekend delivery meal service. The City of South Miami Parks and Recreation Department manages the Senior Program that takes place at the Senior Center located at 670 I SW 62 Avenue South Miami, FL 33143. The City has been awarded a grant from Miami-Dade County, Office of Management and Budget for FY 2012/2013 in the amount of $18,400 to supply senior citizens enrolled in the Senior Program with weekend meals. The meals will be delivered to each residents unit on Friday to be used for weekend meals (Saturday and Sunday). Currently, construction is taking place at the Senior Housing residence located at 670 I SW 62 Avenue South Miami, FL 33143. This construction project is being completed by Related Urban Development. Construction will take place on a floor by floor basis starting with the 6th floor. The seniors residing on the floor being renovated will be temporarily displaced and will have their meals delivered by City personnel (on the same day) to their temporary residence located at the Best Miami Hotel (5959 SW 71 Street) in South Miami. The estimated time/duration for the project per floor to be completed is 45 -60 days. Once construction has finished, all meals will be delivered to each senior's residence by the awarded vendor. During this fiscal year, beginning October I, 2012, we have been utilizing Construction Catering on a month to month (not to exceed 8 months) contract to provide the weekend delivery meals service. To be in compliance with all purchasing guidelines, the City solicited bids for the weekend delivery meals service for the Senior Program. An Evaluation Committee comprised of City Staff reviewed the submitted proposals. We received three weekend delivery meal sealed proposals; a summary of the bids are below: EXPENSE FUND & ACCOUNT ATTACHMENTS: PROPOSALS Montoya Holdings , ILS Group Construction Catering Meal Price Yr 1 $2.59 $14,032.62 $2.89 $15,658.02 $3.25 $17,608.50 Option Yr 2 $2.59 $14,032.62 $2.99 $16,199.82 $3.25 $17,608.50 Option Yr 3 $2.61 $14,140.98 $3.09 $16,741.62 $3.25 $17,608.50 All three proposals met the required bid criteria and Montoya Holdings was the lowest bidder. The evaluation committee recommends Montoya Holdings to provide weekend meals delivered to the seniors enrolled in the Seniors Program. $14,032.62 Resolution ITQ Pre-Bid Sign in Sheet Reference Checks List of References SunBiz Report MDC Contract Award Sheet Bid Opening Report Signed Construction Catering Contract Grant Contract with Miami-Dade County 1 RESOLUTION NO. ___ _ 2 3 A Resolution authorizing the City Manager to award a one year contract 4 with an option to renew for two one-year options to the most responsive and 5 responsible bidder for the City's Senior Program weekend delivery meal 6 service. 7 8 WHEREAS, The City accepted sealed proposals for the Senior Program weekend meal 9 delivery service which takes place at the Senior Center located at 6701 SW 62 Avenue; and, 10 11 WHEREAS, an Evaluation Committee comprised of City personnel reviewed and evaluated 12 the proposals; and, 13 14 WHEREAS, the Evaluation Committee recommended the award of a one year contract 15 with an option to renew for two one-year options to the most responsive and responsible bidder 16 for the City's Senior Program weekend meal delivery service; and, 17 18 WHEREAS, the Evaluation Committee recommends Montoya Holdings as the awarded 19 vendor on a one year contract, with two (2) one-year options to renew, for the City's Senior 20 Program weekend meal delivery service; and, 21 22 WHEREAS, the City will utilize grant funds to purchase the senior's weekend delivery meal 23 service with a current allocation of$18,400 during FY2012/2013. 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 28 29 Section 1. The City Manager is hereby authorized to enter into a contract with Montoya 30 Holdings for one (1) year with two (2) one-year options to renew, for the City's Senior Program 31 weekend meal delivery service at the Seniors Center. A copy of the agreement is attached. 32 33 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 34 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 35 not affect the validity of the remaining portions of this resolution. 36 37 Section 3. Effective Date. This resolution shall become effective immediately upon 38 adoption by vote of the City Commission. 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this __ day of ,2013. ATTEST: APPROVED: 47 48 49 50 51 52 53 54 55 CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: From: Cc: Bee: Subject: Date: Attachments: Good afternoon, kulick, Steven P Williams Carl J ; Woodley. Lorenzo; Korth. Jennifer; Sarah pjaz; Webster. John; Menendez. Maria M.; Ea¥n.e.. Nkenga "healthychildrencatering20@yahoo.com"; "JOLMO@GMCATER.COM"; Gus Stinfil; "corpcaterers@corocaterers.com"; "ocder@exqujsjtecaterjngbyrobert.com"; "info@mhcater.com"; "fstarcatering@aol.com"; "rbhasin@ilshealth.com"; "kidfood@aol.com"; "lIambs@foodwithcare.com" Invitation to Quote: Senior Meals Weekend Program Wednesday, January 30, 2013 3:31:00 PM FINAL PACKAGE Invitation to Ouote Parks catering 1.30.13.pdf Attached is an Invitation to Quote (ITQ) for the City of South Miami Parks and Recreation "Senior Meals Weekend Program." The program provides two meals each to a total of 63 seniors; or 126 meals delivered each Friday; who reside at the City of South Miami Senior Center located at 6701 SW 62 Avenue. The meals are delivered directly to each resident at the Senior Center. The program is funded by a Miami-Dade County Grant. Please refer to the Scope of Work and the ITQ package for details and bid submittal requirements. A Mandatory Pre-quote Meeting will be held on Thursday. February 14.2013 at 10 AM at City Chambers located at 6130 Sunset Drive. South Miami. FL 33143 to discuss the project in more detail. Submittals will only be accepted from attendees of the Mandatory Pre-quote Meeting. Quotations are due on Friday. February 22. at 10 AM and must be submitted to: City Clerk Maria Menendez, CMC City of South Miami 6130 Sunset Drive South Miami, FI 33143 The Cone of Silence is in effect. Questions and/or clarifications prior to and after the Mandatory Pre-quote meeting must be submitted in writing. Regards, Steven Kulick, C.P.M. PurchaSing Manager/Central Services City of South Miami 6130 Sunset Drive South Miami, FI 33143 Ph: 305/663-6339; Fax: 305/667-7806 skulick@southmiamifl.gov CITY DF SDUTH MIAMI INVITATIDN TO. QUDTE SUBMITIED TO.: City Clerk PRDJECT: Catering Weekend Meals for Senior NAME: Maria Menendez, CMC ADDRESS: 6701 SW 62 Ave ADDRESS: 6130 Sunset Drive CITY/STATE: Miami, Florida 33143 PHDNE: 305-663-6339 MANDATDRY PRE-QUDTE MEETING: DUE DATE: QUDTE SUBMISSIDN REQUIREMENTS: All bidders must attend Mandatory Pre-quote Meeting (If Applicable) to submit a quote. Quotes submitted after 10: 00 AM on the due date will not be accepted unless otherwise specified in the quote document of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the envelope needs to read as follows: City of South Miami Attn City Clerk: Maria M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: Catering Weekend Meals for Seniors Must input project name. Iflabel does not hove all information above your quote will not be accepted. Affidavits and Forms to BE CDMPLETED BY BIDDER: (EXHIBIT 1) INSURANCE REQUIREMENTS: The City's insurance requirements are attached (Exhibit 2). As a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured. SCOPE DF WQRK DESCRIPTIDN (TO. BE CDMPLETED BY CITY): The purpose of this ITQ is to solicit quotes from qualified catering companies. Beginning March 2013 to September 30,2013. The City of South Miami Parks and Recreation Senior Program will provide two (2) prepackaged meals to sixty-three (63) residents at the HUD Senior Center every Friday. The program will provide 126 meals per week (one meal for Saturday and Sunday) for participants in the program. In total, the program will provide 126 meals to 63 seniors (reSidents) at the HUD Senior Center every Friday for 43 weeks; which totals 5,418 meals during the contract period. Total Budget :$18,400.00 The meals are delivered to the individual units to the seniors residing at the Senior Center; (see Exhibit 6) Quote is to be submitted by "Per Meal" and "Lump Sum Total" for the duration of the contract. This contract will be effective from March 1,2013 until September 30, 2013. (See Exhibit #7. Service Agreement) At the discretion of the South Miami City Manager, the contract may be extended for two, one-year options-to-renew. DESCRIPTIDN DF WDRK TO. BE PERFDRMED BY CDNTRACTDR' Individual Meal Numbers of Year Price Meals per Week 1 March, 2013 to September, 2013 126 2 Dption Year At City Manager's Discretion 126 3 Dption Year At City Manager's Discretion 126 "TENTATIVE START DATE FDR YEAR liS MARCH 1,2013 LUMP SUM TDTAL Print/Type Name: ______________________ _ Phone: Signature: Date: E-mail: Fax: Firm Name: Address: City: *Numberof Total Cost per Meals per Contract Year Contract Year ;;,;;i( State: THE EXECUTION OF THIS FORM CONSTlTIJTES THE UNEQUIVOCAl. OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOUOTATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON·RESPONSIVE. THE CITY MAY, HOWEVER,IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THATINClUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCAlLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE OTY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHTTO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE OTY'S INTEREST. Bid Submittal Checklist __ Price Proposal Sheet __ Copy of annual Inspection report from Florida Department of Health __ Submit proof of registration with the State Department of Elder Affairs __ Exhibit #1 Affidavits and Forms Submission Requirements __ Local Business Tax receipt issued by Miami Dade County or government entity having jurisdiction where the business is located __ Copy of Food Management Certificate __ Copy of Department of Business and Professional Regulations Certificate __ Samples of the tray, seal, label and carton used to package the food Failure to submit any of the following items listed above will render your proposal non-responsive. EXHIBIT I AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the individual(s)/firm, nor any of his/herlits employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 0[10 ATTACHMENT # I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to -----------------------------------[print name of the public entity] 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. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 20[10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a pUblic entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. 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 with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Page 30[10 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known or Produced identification (Type of identification) [signature] day of ,20 --------------------- Notary Public -State of --------------- My commission expires -------------- (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06111/92) Page 4 of10 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: -------------------------------- -------------------------------- Page 5 0[10 ATTACHMENT #3 "No CONFLICT OF INTEREST/NoN COLLUSION AFFIDAVIT" Submitted this ___ day of ____________ " 20 ___ _ The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: -------------------- Printed Name: -------------------- Title: -------------------- Telephone: Company Name -------------------- Continuation of Attachment #3No Conflict of interlNon-Collusion Certification Page 6 0[10 NOTARY PUBLIC: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ___ day of __________________ ,20 by _________________________________ (nameof person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 7 ofl0 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, , (Name of Contractor), hereby acknowledge and agree that as Contractors for the GIS Services ITQ, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR Witness BY: ____________________________ ___ Name Title FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8 0[10 ATTACHMENT # 5 "RELATED PARTY TRANSACTION VERIFICATION FORM" ______________ " individually and on behalf of ___________ ("Firm") have Name of Representative CompanyNendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about; to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: -:-____ _:_--:-_:_-~-:-----:----::----,:---_:___:_-_:_-__::_-__::_--(use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or Employee]. (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Tpepe©12-21-12 (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who 'has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: -:-_""""7.:--:--:--_-:---:-_-:--_-:-_-:-_(,use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family]. (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ______________ _ Date: ___________ _ ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Tpepe©12-21-12 Exhibit # 2 Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONTRACTOR/COMPANY'S professional services under this Agreement .. The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub-Contractors, their agents or assigns. The CONTRACTOR/COMPANY shall maintain during the term of this Agreement the following insurance: . A Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONTRACTOR/COMPANY its agents, representatives, Sub- Insurance and Indemnification July 25,2012 Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONTRACTOR/COMPANY may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR/COMPANY must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the reqUired policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. Insurance and Indemnification July 25, 2012 F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONTRACTOR/COMPANY of his liability and obligations under this Section or under any other portion of this Agreement. CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the CONTRACTOR/COMPANY's General liability insurance and shall provide the City quarterly reports concerning any and all claims. Insurance and Indemnification July 25,2012 Exhibit 3 Minimum Qualifications for Award To be eligible for award the following requirements must be met: A. The Bidder shall provide a copy of its most current annual inspection report from the Florida Department of Health. The report must show corrective action, if applicable, where deficiencies are noted. If the report is not provided, the bidder may be considered non-responsive. B. Bidders must submit proof of registration with the State of Florida's Department of Elder Affairs, Food and Nutrition Management (Adult Care Food Program) at the time of bid opening as an approved caterer. 1. Bidders must provide the following documents at the time of bid opening: 2. Local Business Tax receipt issued by South Miami or government entity having jurisdiction where the business is located 3. Copy of Food management certificate 4. Copy of Department of Business and Professional Regulations certificate. 5. References as described in Section "e" 6. A mock sample of the label described in Paragraph (a) 7. A sample ofthe tray, seal, label and carton described in Paragraph (b) C. Bidders must provide two (2) references of existing customers. The references listed must be customers that are currently receiving or have recently received from the bidder catering services of at least 100 people or more. The references must include the customer's name, and the name, title, address, and telephone number of the contact person who can verify that the bidder has successfully provided the services that the bidder is offering under this solicitation. These references shall ascertain to the City's satisfaction that the bidder has sufficient experience and expertise in providing meals for the elderly program. Bidders shall provide the above documents with your bid propopsal. a) Every food product should be labeled with the food item enclosed, the number of portions, portion size, day of usage, total quantity and name. The successful bidder shall submit a sample of the box label with the bid proposal for evaluation and approval by the City b) All entrees are to be packaged in three compartment containers that can be heated in toaster oven, conventional oven, and/or microwave oven. Containers are to have a clear strong-self venting peelable film. Desserts, puddings and other side items must be packaged separately in sealed containers. Breads shall be packaged in clear clean plastic bags or cellophane wrapping or film. Desserts are to be packaged in container with sealed peelback -type film. D. For purposes of meal sanitation, the packaging surrounding the meal must remain sealed during handling. Each meal is to be sealed in material that can withstand heat of a conventional oven, toaster oven or microwave oven. E. Label: Each meal shall be identified and appropriately labeled as to contents and directions for proper heating. (Type of print to be no smaller than Elite type). Label shall withstand the heat of conventional, toaster or microwave ovens without turning brown and/or burning. Lids shall be fireproof. Ink used on label shall not smear or rub off. F. Label must be easily removable by clients. G. Insulated Containers: Meals are to be packaged no more than 36 meals to an insulated thermal container. The outer corrugated insulated thermal container is to be minimum 200 pound test, sufficiently constructed to protect product and to withstand normal handling. Within the insulated thermal container, meals are to be packed (egg-crated) 4 meals per layer (tray) with nine layers per carton. Between each layer of meals, a corrugated insert must be added. INSPECTION OF FOOD The City reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract. It is the responsibility of the City to serve the required amount specified in the meal pattern. It is the responsibility of the successful bidder to provide sufficient amounts of each menu items to be served. The successful bidder shall not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, meals not delivered at the required temperature, meals not delivered in the appropriate containers, meals which contain spoiled or unwholesome food items and/or meals that are rejected because they do not comply with the specifications. The City reserves the right to obtain meals from other sources if meals are rejected due to any of the stated reasons. The successful bidder shall be responsible for reimbursing the appropriate center within 24 hours for the cost associated with any alternative feeding measures. The City shall notify the successful bidder in writing as to the number of meals rejected and the reasons for rejection. The plant where meals are produced must be United States Department of Agriculture (USDA) or the Food and Drug Administration (FDA) inspected, approved for meat and poultry, with continuous on-site USDA or FDA inspections, as applicable. Bidder must include USDA or FDA plant number in the appropriate space provided on the bid proposal. NO SUBCONTRACTING The successful bidder shall not subcontract with any company for the partial or total preparation or the delivery of the meal, and shall not assign their contract or any interest therein without the advanced written consent of the City. In the event of any assignment, the successful bidder shall remain liable to the City as principal for the performance of all his obligations under this contract. SPECIAL DIETS Some meals are required to be modified to meet the special dietary needs of the facility's clients as prescribed by their physician. These meals may be prescribed to be low fat, low cholesterol, restricted in sugar, or have other restrictions indicated by the client's physicians. Copies of the physicians" order will be provided to the successful bidder 24 hours in advance. The estimated number of modified meals is shown in Schedule "A". These meals must be pre- packed in separate containers labeled with the facility's name, the client's name, the type of special diet, and the date of production. MENUS Four week cycle menus, one for each program are attached as samples, (See Attachment A). The cycle menus shall be strictly adhered to by the vendor. Any substitutions of food items will not be accepted unless prior approval has been given in writing by the Department Human Services. If substitutions are made without prior approval the program will disallow payment of such meals. Exhibit 4 Food Specifications SODIUM CONDIMENT No salt, accent, or any other sodium condiment should be used in preparation of food. FOOD SPECIFICATIONS The following items must be supplied as specified: A. Vegetables a. Vegetables shall be frozen, not canned. B. Salads a. Tossed salad shall be as indicated on menus or other items as specified on menu cycle. b. Salads made with mayonnaise shall arrive at 40 degree F temperature C. Milk/Dairy a. Milk must be flUid, 1% low fat, pasteurized, fortified with Vitamin A and D. b. All milk is to be iced. The ice must be in a solid state at time of delivery. Milk shall be packed in iced, in clean/closed thermal containers not containing cracks. Milk shall be packaged in 8 ounce cartons. Cheese must be natural or processed with not more than 3.9% moisture. Cheese food is not acceptable. Yogurt must be low fat and may contain artificial sweeteners and flavors. D. Bread a. All bread, cereal, cracker, and cookie products must be made with whole grain, enriched flour or meal as the primary ingredient. No trans fat allowed E. Fruit a. All fruits, juices, and vegetables must be USDA Grade A/Fancy. Fruits may be canned (except where fresh is indicated on menu) and must be packed in light syrup, water or natural juice. All fruit juices must be 100% full-strength and pasteurized. All fresh bananas are to be delivered one day prior green tipped. F. Meat a. Meat, poultry, and eggs must be procured from USDA inspected facilities. Ground chuck and luncheon meats must be at least 85% lean. Luncheon meats and frankfurters (if by special request) must contain no variety meats. Chicken must be USDA Grade A and from fryers with weight of no less than two (2) pounds, 4 ounces. Chopped ham, chicken roll, and turkey roll cannot be used. Tuna must be Grade A, chunk light, packed in water and must be U.S. Government inspected. Eggs must be USDA Grade A. Fish must be Icelandic only and bear USDC and U.S. Grade A shield on packaging; batter must be crunchy type breading. Peanut butter must be made from Grade A peanuts and of a smooth, thick consistency G. Margarine a. Margarine is to be supplied in case lots to each site for use with breads and as vegetable seasoning. Margarine must be 100% canola or canola oil combination. No trans fat allowed H. Soup a. Soups shall be low sodium I. Coffee a. Regular coffee decaffeinated coffee, tea bags and "Cuban" styled coffee will be delivered in bulk lots in advance by the successful bidder so that they can be prepared by the facility's staff in time for the meals. Quantities will be determined by the menus and the number of servings requested by the facilities J. Cereals a. All dry cereals will be low sodium, low sugar, and individually boxed. All cookies or crackers will be indiVidually packaged in the quantity required to be served to each client. All milk will be packaged in eight (8) ounce leak proof containers. All juices will be packaged in four (4) ounce leak proof containers. Fresh fruits will be packaged in bulk containers. Items that are to be served with breakfast are required to be delivered on the preceding business day that the center is open. EXHIBIT 5 SOUTH MIAMI WEEKEND MEALS WEEK 1 MENUA MENU B Braised Beef in Tomato Sauce Cuban Tamal White Rice Red Beans & Rice Split Pea Soup Sliced Carrots Green Beans Vanilla Pudding Dinner Roll Dinner Roll Banana Milk Milk WEEK2 MENUA MENU B Chicken Meat Balls in tomato sauce Yellow Rice Spaghetti Fried sweet plantains Ita lain mixed vegetables Peas & Ca rrots Garlic Bread Dinner Roll Corn Chocolate with cream Rice Pudding Milk Milk WEEK3 MENUA MENU B Media Noche Sandwich 3 Ham Croquettes Black Bean Soup Yellwo Rice with Ham & Sausage Orange Juice Peas & Carrots Debbie Cake Chocolate Pudding Mariquitas Dinner Roll Milk Milk WEEK4 MENUA MENU B Mora Ground Beef Pork Chuncks White Rice Boiled Casava with Mojo Green Beans Apple Juice Dinner Roll Cuban Dinner Roll Fruit Cup Fruit cocktail Milk Milk 1st Floor Apt. 101 Apt. 102 Apt. 103 Apt. 105 Apt. 106 Apt. 107 Apt. 107 Apt. 107 Apt. 108 Apt. 110 Apt. 112 Apt. 112 3rd Floor Apt. 302 Apt. 303 Apt. 305 Apt. 305 Apt. 307 Apt. 308 Apt. 309 Apt. 310 Apt. 311 Apt. 312 Apt. 317 5th Floor Apt. 502 Apt. 503 Apt. 505 Apt. 505 Apt. 507 Apt. 508 Apt. 509 Apt. 514 Apt. 514 Exhibit #6 Delivery Addresses Friday Senior Meals 6701 SW 62 Ave 2nd Floor Apt. 204 Apt. 205 Apt. 205 Apt. 206 Apt. 207 Apt. 213 Apt. 214 Apt. 219 Apt. 217 Apt. 217 4th Floor Apt. 401 Apt. 402 Apt. 403 Apt. 403 Apt. 404 Apt. 405 Apt. 406 Apt. 408 Apt. 409 Apt. 410 Apt. 417 6th Floor Apt. 601 Apt. 603 Apt. 604 Apt. 605 Apt. 608 Apt. 609 Apt. 612 Apt. 613 Apt. 616 Apt. 617 Exhibit #7 Awarded Bidder. _____ ----', ("Subcontractor") will provide the following services to City of South Miami at 6701 SW 62 Avenue, Miami, Fl. 33143. Service Agreement Meals are based on the four-cycle four-week menus attached which are designed for the nutrition of adults by a licensed nutritionist, meeting the usual, one-third RDA required. will be closed on the following dates: Labor Day, Christmas Day, and New Years Day. Any other holidays not mentioned in this contract, may also be observed. We will cooperate on providing meals for these holidays and special arrangements, if any are necessary, including additional cost to be determined. Special meals will be provided as needed with sufficient notification from Monday through Friday only. Special meals may be Box Lunches. The food will be transported in thermos containers in order to maintain the proper temperature required by law. As a reminder, we are a current food vendor or supplier for The Miami Dade County. The cost per meal will be $ __ per person for 63 clients receiving 2 weekend meals every week. Food quality is to be nutritional and of a good quality. Portion sizes are standard adult portions and labeled as often as practicable on the menus. All meals will be prepared and guaranteed in accordance with the City of South Miami Invitation to Quote # _______ _ Payment plans are as follow: Payments are due on the 1st day of each month and will not exceed a total of $ 18,400 for the length of the agreement. This contract will be effective from February 1,2013 until September 30, 2013. At the discretion of the South Miami City Manager, the contract may be extended for two, one-year options-to-renew. The Subcontractor also agrees that Miami-Dade County ("County") is an intended third party beneficiary of the Service Agreement and that should the County find that the City is in breach of its obligations under the Funding Grant, the County shall have the right to request completion of performance by the Subcontractor of its obligations under this Service Agreement and the option to pay the Subcontractor directly for the performance by such subcontractor. Notwithstanding the foregoing, nothing contained herein shall either convey nor imply any obligation or liability on the part of the County to the Subcontractor. Accepted on this _____ day of _____ 201_, with the intent to be legally Bound. A warded Bidder Witnessed: By: _________________ __ By: _________ _ Print name: ------------ [print name and title above line] Page 1 of2 ATTESTED: Signature: _--:-___ :--__ _ Maria Menendez City Clerk Read and Approved as to Fonn, Language, Legality and Execution Thereof: Signature: _________ _ City Attorney CITY OF SOUTH MIAMI By: _________________ _ Steven Alexander City Manager Page 2 of2 Date: ITQ Title: ITQ No.: 11 Pre-Bid Conference Sign-In Sheet February 14,2013 Catering Weekend Meals for Seniors N/A C: \U sers \skulick. CSM 1 \Documents\South Miam i\ Temp lates \Pre-Bid Meeting S ign -In Sheet.doc £ 01 e l~.A. MiNd ~s-b:'--,--~;f;., I-,J:.A a~ 3o~-r/+-G:,c./? I ~;f;/.erI7 SVC:5 MONTOYA HOLDINGS REFERENCE CHECK QUESTIONS: I. How long has Montoya been servicing you? ;ZYIL ~ 2. What type;?f services to ... they prOVide ..... and how long is yo.urcontract!.? .. 1 .•.• .~ .... Il ... ~ ~~-J~;~~-\ -<7'7,( ~~ 3. Any prol)l~ms, issues with servi(:e, food preparation, d~Uverjes1etc1 Ai-fi~+ ~ f11/J~~~~,j..<fL /h~(A.( SJJllL-/-(~-r~ lJ(J.,(/~ ~/"fL ~ oJ ~ (J~hlt~ ~,) fiJ2:~~ /R.rv/"'~ d /5. SU&-S .,.IL,U4J t . : ------- 4. Would you recommend Montoya? y.e3 - C hQ... rl{ I JohVl SOIj. ,". Cd i'5o ~ I ,'J+I ct. 1,/\ dv \tP()tI LCw"e .. JIA ",011,)" jJ(J~de,',' ~L~,,' (//,,#f/Y 4-' f1 I .3 tl L.... :> 0 'i' -r"rta MONTOYA HOLDINGS REFERENCE CHECK QUESTIONS: I. How long has Montoya been servicing you? .~ y edy:-s 2. What type of services to they provide and how long is your contract? ~e5, h '-\-KV1 0 W )ef1::/r~ CJt COI\ ~('~t~ 3. Any problems, issues with service, food preparation, deliveries, etc? l~t 9-e,l\vGrI'G~:,afe Q 11JJ~S 0/11 +;~ +he. tood IS a l()JQ~S WCYw\: Cll1d C I {elilf ItA ~ f-l e f'CX?X:1, 4. Would you recommend Montoya? y~s ~ V\~b{ ll~ "be \ So \ -l( l. Ovv -I/IJl iOWl"· D~d eCo()VJ.~ -JC\U( MONTOYA HOLDINGS A d u I + c0 l18 (e.3o~-e (el/J(?)/ 30 \'-S;-~ g-S-6s9 REFERENCE CHECK QUESTIONS: I. How long has Montoya been servicing you? J-3V e(\r5 2. What type of services to they provide and how long is your contract? She ·tk~", ~sf i I 50 ~ b vertr ()l,JrJ: 3. Any problems, issues with service, food preparation, deliveries, etc? N a , (\~e~~~ \lkc-.t"'e ~er'Ji(e- lO ~ "30()W\ \) ~hve ry ~ 4. Would you recommend Montoya? AV\~b{lln t>e\ So \ -'<" k Ovv -I/IJl iqwlI·· Dad eCou'11y "')(\C MONTOYA HOLDINGS !-Idul + COt\3teS01-e Cen/c!(/ 30 f'-S;-~ r(;19 REFERENCE CHECK QUESTIONS: I. How long has Montoya been servicing you? d -3 V eC\ r5 2. What type of services to they provide and how long is your contract? 5 he ,~k; VI b ) ~ j $. • 6' V eoY" cCH"hJ' 3. Any problems, issues with service, food preparation, deliveries, etc? IV a I ( \ ; ~ ~~ ~ \ Ike i-l ~ ~ e r 'J i (e. iD ~"3 6~VV\ \) ~t~eyy • 4. Would you recommend Montoya? REFERENCES: MONTOYA HOLDINGS Edeline Mondestin Miami-Dade County Director, Elderly Services 305/5 14-6071 Anabella Del Sol Site Manager Jack Orr--Miami Dade County. Adult Congregate Center 305-588-5039 Cheryl Johnson Site Manager Edison Little Adult Day Care Center-Miami Dade County 305-308-4930 www.sunbiz.org -Department of State Previous on List Next on List Return To List .~.v~.n!~. No Name History Detail by Entity Name Florida Profit Corporation MONTOYA HOLDINGS, INC. Page 1 of2 Entity Name Search fi,;§MJ~mJt~l This detail screen does not contain information about the 2013 Annual Report Click the 'Search Now' button to determine if the 2013 Annual Report has been filed. Filing Information Document Number P04000038810 FEIJEIN Number 200878939 Date Filed 02127/2004 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/28/2011 Event Effective Date NONE Principal Address 2374 SW 125 AVE MIRAMAR !=L 33027 Mailing Address 2374 SW 125 AVE MIRAMAR FL 33027 6:~~--w-1 s;~~~tJ;IJ;;tiQW'~<L Registered Agent Name & Address MONTOYA, CARLOS 2374 S W 125 AVE MIRAMAR FL 33027 US Name Changed: 03/14/2005 Address Changed: 03/14/2005 Officer/Director Detail Name & Address TitleVPTS MONTOYA, CARLOS http;llsunbiz.orgiscripts/cordet.exe?action=DETFIL&in~ doc _ number=P04... 2/28/2013 www.sunbiz.org -Department of State 2374 SW 125AVE MIRAMAR FL 33027 Annual Reports Report Year Filed Date 2010 10109/2010 2011 09/28/2011 2012 04/3012012 Document Images .04/30/2012 --ANNUAL REPORT ~,~lN!ijm~9i!vJJPB;,tQlm,ebL;;ii;(,/J 09/28/2011,--REINSTATEMENTI'L,u;""~~\MJ(lm~g~jn,,RgJ:i:A;(\&Qlt~hiJ.};;!L';;:1 1 0/09/2010 --REINSTATEMENT It;d'';';;;;i'i}{I~)I:J;jm~g~;!Jl;;e;Qfkf9[[l§!t;i;:;+;N;;;] 10/17/2009 --REIN STA TEMENTL;;';i;HMi~\M,;lm!ag~;1QJ1!QE;jlgr!!1£!!;&;s;g,;;;Q 03/12/2008 --ANNUAL REPORTI.jKj¥$Eti)tl~W;J,!!1~9~Jn~Q;!;Jglm~ki~i;;J 04/16/2007 --ANNUAL REPORT~¥}L~~Y>',J.mag~JDj£lQli:4t9flTI~\Mjhi¥",;1 02/2Q/2.o06 "-" ANNUAL REPORT t;;'i;d!iM!~XI{'iiffi~g~inrE!a~!,t~(m~t;j;i~ 03/14/2005 -ANNUAL REp,bRT, d;'iifSn1i1t,!~w/!m~9~\J!!;;l;i~!9~ID£!!;t1,,>;I,'iif+ 92/27/2004 --Domestic Profit r\;hi,;'s:Z.X~;i,m~g~;j!lBPE'l'tQ(!!J,~.k,,;;;;j;;J Previous on List Next on List Return To List No Name History Page 20f2 "m"<··~_"M,·" Entity Name Search k§yl;m~ibl Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright© and Privacy Policies State of Florida, Department of State http://sunbiz.orgiscripts/cordet.exe?action=DETFIL&in~ doc ~ number=P04... 2/28/2013 2012 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P04000038810 Entity Name: MONTOYA HOLDINGS, INC. FILED Apr 30, 2012 Secretary of State Current Principal Place of Business: New Principal Place of Business: 2374 SW 125 AVE MIRAMAR, FL 33027 Current Mailing Address: 2374 SW 125 AVE MIRAMAR, FL 33027 FEI Number: 20..0878939 FEI Number Applied For ( ) New Mailing Address: FEI Number Not Applicable ( ) Certificate of SUltus Desired ( ) Name and Address of Currerit Registered Agent: Name and Address of New Registered Agent: MONTOYA, CARLOS 2374 S W 125 AVE MIRAMAR, FL 33027 US The above named entity submits this statement for the purpose of changing its registered office.or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OFFICERS AND DIRECTORS: Title: Name: Address: Cily-51-Zip: VPTS MONTOYA. CARLOS 2374 SW 125 AVE MIRAMAR, FL 33027 Date I hereby certify that thefn19trnation ind,icateQ'Qiitnis report or supptern$.n~1 report is true and accurate and that my electronic signature shall have thE:) sameleg(\leffectas lfmade under,oath; that lam an officer or director of the corporation or the receiver or trustee empowered to execute th\sreportas. requlreQ by Chapter 607; Florida Statutes; and that my name appears above, or on an attachment with all other like empOWete(t .. . SIGNATURE: CARLOS MONTOYA Electronic Signature of Signing Officer or Director PRES 04/30/2012 Date CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Bid No. 9372-0/15 Award Sheet BID NO.: 9372-0/15 PREVIOUS BID NO.: 2365B-0/11 TITLE: FOOD CATERING SERVICES CURRENT CONTRACT PERIOD: 03/07/2011 through 03/06/2016 Total # ofOTRs: 0 MODIFICATION HISTORY Bid No. 9372-0/15 Award Sheet DPMNotes APPLICABLE ORDINANCES LIVING WAGE: Yes UAP: No IG: No OTHER APPLICABLE ORDINANCES: CONTRACT AWARD INFORMATION: No Local Preference No Micro Enterprise Yes Full Federal Funding No Performance Bond No Small Business Enterprise (SBE) No PTPFunds No Partial Federal Funding Yes Insurance Miscellaneous: I REQUISITION NO.: RQPMI000088 I PROCUREMENT AGENT: CLENTSCALE SHER PHONE: 305 375-3900 FAX: 305 372-6128 EMAIL: SCLENTS@l.,MIAMIDADE.GOV DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 10f4 Bid No. 9372-0/15 AwardSheel VENDOR NAME: MONTOYA HOLDINGS INC DBA: PELOT A CAFE & PIZZERIA FEIN: 200878939 SUFFIX: 01 33013 STREET: 345 EAST 49TH STREET CITY: HIALEAH ST: FL ZIP: FOB_TERMS: DEST-P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: - VENDOR INFORMATION: CERTIFIED VENDOR ASSIGNED MEASURES f.,ocai Vendor: SSE Set Aside Sid Pref. Micro Ent. Selection Factor Goal Other: Vendor Record Verified? "it. Ie k** i< ic.,. ** ic 0\: *-*-*-*--Ie ic * Ie *-kic Ie* *-#c ic ic oJ< ic ic ** ic #c "-Ie ic 'I< I< I< ** ic Ie Ie Ie" 'Ie '" #c ic *-1<.**** #c ic I< * #c 'Ie 'Ie *Ic Vendor Contacts: Name Phone1 Phone2 Fax Email Address CARLOS A MONTOYA 305-826-0820 -305-826-0894 IMONTOY A@)3ELLSOUTH.NET Javier Pena 786-298-1524 healthychildrencatering20@Yahoo.com VENDOR NAME: GREATER MIAMI CATERERS INC DBA: FEIN: 591209174 SUFFIX: 01 33142 STREET: 4001 NW 31 AVE CITY:M1AMI ST: FL ZIP: FOB_TERMS: DEST-P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: - ~ENDOR INFORMATION: f.,ocai Vendor: Yes Vendor Contacts: Name JOHN OLMO -VICE PRE CERTIFIED VENDOR ASSIGNED MEASURES SSE No Set Aside No SidPref. No Micro Ent. No Selection Factor No Goal No Other: Vendor Record Verified? 1ci<*i<*Ic*****iclc*iciclc-lclcicicic*-klc-l<**icicfciciciclclciclcicic#Cicicl<iciclcici<*"-*#C1cicidcl<lclclciclclclciclc** Phone1 305-633-4616 Phone2 Fax Email Address -305-635-5202 JOLMO@GMCATER.COM DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 2 of4 Yes Bid No. 9372-0/15 Award Sheet VENDOR NAME: CONSTRUCTION CATERING INC DBA: FEIN: 591275454 SUFFIX: 04 33142 STREET: 2472 NW 21 TERRACE CITY: MIAMI ST: FL ZIP: FOB_TERMS: DEST-P DELIVERY: PAYMENT TERMS: NET TOLL PHONE: 305-796-8425 VENDOR INFORMATION: CERTIFIED VENDOR ASSIGNED MEASURES Local Vendor: Yes SBE No Set Aside No Bid Pref. No MicroEnt. No Selection Factor No Goal No Other: Vendor Record Verified? -Ick-lc******i<**kl<*-Ic""**'Ic-lci<*******ickic#Ciclc**II:#Cic#C'k'lr.'i<-Iclcicic#C-l<Ic**lc*lci<iciclc,T,;'lcid.'llcic*1c Vendor Contacts: Name Phonel Phone2 Fax Email Address GUSTAVE ESTANFIL 305-633-5668 305-796-8425 305-633-1489 GSTINFIL@J.AOL.COM ITEMS AWARDED Section: Details: 9372-0/15 ISEE ATTACHED LIST OF AWARDED ITEMS Item # DescriI1tion Q!y Unit Price End of../TEMS AWARDED Section AWARD INFORMA nON Section BCCAward: Yes DPMAward: No BCCDate: 03/01/2011 DPMDate: 11123/2010 Contract Amount: $ 10,630,000.00 Additional Items Allowed: Yes Special Conditions: Agenda Item No.: 801F(102748) DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 3 of4 Yes Bid No. 9372-0/15 Award Sheet BPO INFORMATION SeCtion: BPO ID: ABCW1100396 --------Commodities Info -------------------Department Info ------- Code 961-15 Description Department Id Dollar Allocations CONCESSION SERVICES, CATERING SERVICES, HS****** $10,630,000.00 ; T End o(BPO Information Section DEPARTMENT OF PROCUREMENT MANAGEMENT Bids and Contracts DIVISION Page 40f4 . in BID OPENING REPORT Bids were opened on: Friday, FebnJ=al,-,-·Y~2=2,,,-,2=0,-,,-1;:;:..3 _______ ---=}=l f=tcc:...;r::...-.:..l 0=:.;;;;..00=<1=.=,111 For: ITQ -Catering Weekend Meals for Seniors COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: .. ._---- 1. THE !LS GROUP, L~C d/b/a Classic Caterers 2. CONSTRUCTION CATERING SERVICES 3. MONTOYAHOLDINGS ~£'-" ~-l-L_-~-G~f-&-C(-?------24="".c-7~-;I .. ~~~.~--~-~.'-_=-=_ -=~-~ ___ =='-L-:;-}l-...6.-3-~8:·-~-=ji I------___________ , _____ •. _ .. _~/(f__-t""'-';?"----... --~ 1(' ( I CZtJ.L~ _ _ ,~. _____ . ______ ._,. ____ . .LI. 3.m. __ L6i,7 t/ 1. __ 6L 7-:.o;;;s it-tic. t {& h ({pie' t/lt7-5.tL(;,--+Jlj~----:p..-L!t_fz 61 tJ,S /)-. I __ , ________ ~ _____ _____J.lc-l--.' ------.li>2"",--" ____ /2;. 6 tJ.A s 6 // '3 /~ tac)O so "3 J /)ft; 11ft; r f!& (l4. t:;;}tLJS2; . ~ fAl -$ / PI 116 I ~-'-/ r----------------------~~,~.--------/~ ~aR,b~ r------. __ ----'-'11'--<3"""---______ ---i!~4'+1 (/it;, 9 ~ THE ABOVE BIDS HAVE NOT [mEN CHECKED. THE BIDS ARE SU~JECT TO CORRECTION AFTER THE ,IDS14 ~E BEEN COM CityClerl<; jI1tlJr/tl fl. ;t!eI7&1l!e:.>: (tf~.; , Witn"" J'l;:: Jvd, . .d -_~~~s='ig_n-~U-r~e~~-~~~c---- Print Name g Signa rc Witness: Ctjyl !Jl1l~CD1d~ i!1 ~,~ Print Name ... ~. m' Sign~' ------ ITQ: CITY OF SM WEEKEND SENIOR MEALS PROGRAM Incumbent Montoya Holdings ILS Group Construction Current Price ! PROPOSALS Catering Meal Price Yr 1 $2.59 $14,032.62 $2.89 $15,658.02 $3.25 $17,608.50 $3.40 I $18,421.20 Option Yr 2 $2.59 $14,032.62 $2.99 $16,199.82 $3.25 $17,608.50 Option Yr 3 $2.61 $14,140.98 $3.09 $16,741.62 $3.25 $17,608.50 BID PROPOSAL REQUIREMENTS Price Proposal Sheet X X X I Annual Inspection Report from Fla DOH X X X Proof of Registration, State Dept of X X X Elder Affairs Affidavits & Forms Submission X X X Requirements Food Mgmt Cert. X X X Dept of bus & Prof. Regs Cert. X X X Samples of tray, seal, label & carton used to package food X X X Miami-Dade County Catering Vendor X X X - \. ··r .. _. CB AGREEMENT 13·SMIA"CB FY 2012-2013 County General Funds Ordinance # 12-70 AND 12-72 Sl-. ~ ~.t~ This Agreement made and entered into as of this 3( day ot. :..J;~ ...... ,py and be~een Miami-Dade County,.a politica! 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 municipality existing within Miami-Dade under the laws of the State of Florida, having its principal office at 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Provider"), states conditions and covenants for the rendering of human and social services (hereinafter referred to as "Services") for the County. 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. Management and Budget ("0MB") or the Director's designee, or the duly authorized representative designated to manage the Contract. c) d) The word "Days" shall mean Calendar Days, unless ot~e~ise specifically noted, The word "Deliverables" shall mean all documentation and any items of any nature submitted by the Provider to the County's Contract Manager for review and approval pursuant to the terms of this Agreement. . e) The words "directed", "required". "permitted", "ordered",. "designated", "selected", "prescribed" or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the County's Contract Manager; and similarly the words "approved", acceptable", "satisfactory". "equal", "necessary", or words of like import to mean respectively, approved by, or acceptable or Page 1 of 23 ... ~' i t .~ CB 13-SMIA-CB satisfactory to; equal or necessary in the sale discretion of the County's Contract Manager. f) The words "Effective Tenn" 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) "HIPM" means Health Insurance Portability and Accountability Act of 1996, i) The words "Scope of Services" shall mean the document appended her~to as Attachment A, which details the work to be performed by the Provider. j) The word "subcontractor" or "subconsultane shall mean any person, entity. ·firmor corporation, other than the employees of the Provider, who furnishes laborand/or materials, in connection with the Work, whether directly or indirectly, on behaJfand/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 provisionsofthis Agreement. ARTICLE 2. AMOUNTPAYABLE. Subject to available funds, the maximum provisional amount payable for services rendered under this contract shall not exceed: South Miami Senior Meals The AfterSchool House Program (Tutoring) $18,400 $ 26.775 80th parties agree that should, in the County's soJe discretion, available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the sole discretion and option of the County. All services undertaken by the Provider before the County's execution of this Contract shall be at the Provider's risk and expense. Both parties agree that this is a twelve month contract from october 1, 2012 through September 30, 2013. 80th parties expressly acknowledge funding under this contract Is at the County's soJe discretion. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. Page 2 of 23 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 Scope of Services must clearly indicate the time frames for the delivery of each of the proposed services. The Provider shall Implement the Scope of Services as described in AttachmentA ina 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. The Provider will not use products or foods containing ·pink slime," as defined in Resolution 478~12 of the Board of Miami-Dade County Commissioners, in food that is provided or served pursuant to this agreement. 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 will also submit an agency~wide budget that displays its total revenue by funding source at the time that Attachment A and Attachment B are submitted and as requested in the award letter. 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 OMB, 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 (1S) 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. 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 OMB no later than thirty (30) 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 1,2012 and terminate at thec10se of bUsiness on September 30,2013. 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 of actions or proceedings of any kind or nature arising out of, relating to or resulting from the Page 3 of 23 ; ; ~. , " CB performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity snail 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 ofthe County, where applicable, including appellate proceedings, and shalf 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, as may be amended, whereby the government entity shall not be held liable to pay a personal Injury or property damage claim or judgment by a party. which. exceeds the statutory cap for personal injury or property damag e claims, liabilities·, losses or causes of action whlch may arise as a result of the negligence of the government entity. Provider expressly understands and agrees that any Insurance protection required by this Agreement or otherwise provided by Provider or self-:-insurance shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. B. All Other Providers. Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any al1d 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 aU 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 verificati.on .ofliability protection in accordance with section 768.28, Florida Statl.ltes. Nothing herein shall be construed to extend any party's liability beyond that provided in ~ection 768.28, Florida Statutes: The provider shall alsofumish 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 Management and Budget (OMB), 111 N.W. 1st 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 Page 40f 23 CB below: ·1, , j I I 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 asrequired 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 notiessthan$300,OOO* combined single limit per occurrence for bodily injury and property damage. E. F. *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 .. 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: 1. The company must be rated no less than "B" as to management, and no less than "Class V' as to financial strength, according to the latest edition of Best's Insurance Guide published by AM. Best Company, OldwiCK, New Jersey, or its equivalent, subject to the approval of theCOUNJY's Risk Management Division. OR 2. The company must hold a valid Florida-Certificate of Authority as sl10wn in the latest "List of All Insurance Companies Authoriied 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. Compliance with the foregoing requirements shall not relieve the SERVICE PROVIDER of its liability and obligations under this Sectionofunder any other section of this Agreement. Page 5 of 23 I I . eB 13-SMIA~CB H. The COUNTY reserves the right to inspect the SERVICE PROVIDER'S original insurance policies at any time during the term of this Agreement. L 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. J. Failure to Provide Certificates of Insurance. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the effective term of this Agreement. If insurance certificates are scheduled to expire during the effective term, the Provider shall be responsible for submitting new or renewed insurance certificates to the County prior to expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the effective term, the County may suspend the Agreement until such time as the new or renewed certificates are received by the County in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the County may, at its sole discretion, terminate this Agreement. ARTICLE 8. PROOF OF LICENSURE AND BACKGROUND SCREENING A. Licensure. If the Provider is required by the State of Florida or Miami-Dade County or any law or regulation to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish to the County a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure, or certification include but are not limited to childcare, day care, nursing homes, and 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 Agreement may result in termination of this Agreement at the County's discretion. B. Background Screening. TheProvider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees, subcontracted personnel, and volunteers. Provider's>failure to "'c;omplywith any applicable laws, regulations, ordinances and resolutions regarding background screening of employees, subcontracted personnel, and volunteers is groun.ds fora material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply withal! applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397,984, 985 and 435; Florida Statutes; as may be amended form time to time), regulations,· ordinances and resolutions, regarding background screening of those who may work with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. Page 6of23 , l r CB 13-SMIA-CB In the event criminal background screening is required bylaw,the State of Florida and/or the County, the Provider will permit only employees, subcontractors,and volunteers with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcementor Federal Bureau of Investigation) to work in direct contact with vulnerable persons. The Provider agrees to ensure that employees, subcontracted personnel, and volunteers who work with vUlnerable persons satisfactorily complete and pass Level 2 background screening before workingwith vulnerable persons. Provider shall furnish the County with proof that employees, subcontracted personnel, and volunteers who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. . If the Provider fails to furnish to the County proof that an employee, subcontractor,. or volunteer's Level 2 background screening was satisfactorily passed and completed prior to that employee, subcontractor, or volunteer working with a vulnerable person or vulnerable persons, 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 Miamr~Dade County Ordinance No. 72- 82 (Conflict of Interest Ordinance codified at Section 2-11.1 etal. 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. S. 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 persQnalfinancial interest, direct or indirect, in this Agreement. C. No person, including but not limited to any officer, member of a board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function or· responsibilities in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, received any of the services funded under this agreement, ordirect or instruct any employee under their supervision to provide such services as described in this Agreement. Notwithstanding the before mentioned provision, any officer, member of a.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 riot have direct supervisory responsibility over the Provider's employee(s) or service program and that such utilization is permissible pursuant to Section 2-11.1 et al.of the Code of Miami-Dade County. 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 Page 7 of 23 i 1 I ~ i CB 13-SMIA-CB 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 employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.C. §1612, as amended; and the Fair Housing Act, 42U.S.C.§3601et seg. 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 Lectve, codified as § 11 A-60 et seg~ ofthe 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 (PHlt 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 reasonaple assurances that IIHI/PHI will be held confidential; 5. Making Protected Health Information (PHI) available tottie customer; 6. Making PHI available to the ·clientfor review and amendment; and incorporating any amendments requested by the client as may be required by law; 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 andlor 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 Page 80f23 1 I' I· ! .. J f' CB 13~SMIA·CB disclosures that would be made with protected health information. Provider must post, and distribute upon request to service recipients, a copy of the County's Notice of Privacy Practices. ARTICLE 12. NOTICE REQUIREMENTS It is understood and agreed between the parties that any written notice addressed to OMB, which is c!elivered by U.S. Mail or em ailed to OMB and any written notice addressed to the Provider, which is delivered by U.S. Mail or by email shall constitute sufficient notice to .elther party. All notices required or permitted under this Agreement which are delivered by U,S. Mail shall be deemed sufficiently served if delivered by Registered or Certified Mail, with return receipt requested; or delivered personally; or delivered. via fax or by email. All notices to the County shall be delivered to the following address: (1) To the Count~, ATTENTION: Phone: Fax: Email: (2) To the Provider Phone: Fax: Email: Felipe M. Rivero III (305) 375-4765 (305) 375-4049 rivero@miamidade.gov (305) 668-2514 (305) 668-7388 J Korth@southmiamifl.gov Either party may at any time designate a different mail or email address and/or contact person by giVing written notice as provided above to the other party. . ARTICLE 13. AUTONOMY Both parties agree that this Agreement recognizes the autonomy of the contracting parties and implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County; Furthermore, the Provider's agents and employees are not agents or employees of the County. ARTICLE 14. SURVIVAL The parties acknowledge that any of the obligations in this agreement,including but not limited to Provider's obligation to indemnify the County. will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Provider under this agreement. which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Page 90f23 L ! j CB 13~SMIA-CB ARTICLE 15. BREACH OF AGREEMENT: COUNTYREMEDlES 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) or meet expected performance levels within the effective term oUhis 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 or reports that indicate that expected performance levels are not being met; (7) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (8) the Provider discriminates under any of th~ 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); (15) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); or (16) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall notbe deemed tobea waiver of any other breach and shall not be construed to be a modification ofthe terms of this Agreement. S.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 datethere.of.. In the event of termination, the County may: (a) request therelurn of all finished or unfinished documents, data studies, surveys, draWings, maps,models, photographs, rePQrt~ 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 orcante! ;:Iny other contracts entered into between the County and the Provider. The Provider shaH be responsible for all direct and indirect costs associated with such termination)including attorney's fees. The County may also, in the County's sole discretion, recapture a proportionate amount of funding if expected performance levels under this Agreement are not met by Provider in the County's sale discretion. 2. The County may suspend payment in whole or in part under this Agreement by providing written notice to the Provider of such suspension and specifying the Page 10 of 23 I I, I , CB 13-SMIA-CB 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 'assoclated with such suspension. including attorney's fees. The County may also, in the County's sole discretion •. recapture a proportion!;lte amount of funding.!f expected performance levels under this Agreement are not met by Provider in the County's sole discretion. 3. The County may seek enforcement .of this Agreement including but not limited to 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 lawor 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 ofthis 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 theab6ve, the Provider shell not be relieved ofliabUity to the County for damages sustained by the County by virtueof 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 C\etermined. 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. Page 11 of 23 CB 13-SMIA-CB 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 leastthlrty (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 and attached hereto as Attachment B for services provided under the attached Scope of Services. 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 acost~basls 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. If the actual performance levels of the program(s) covered by this agreement are less than the expected performance levels, then the County may adjust payments, recapture the funded award,or seek repayment based on the level of performance. Upon proper and complete execution of this Contract (to include proof of insurance), the County may provide the Provider with twenty-five percent (25%) of the Contract amount. The Provider's requestfor this 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. Advance payments in excess of 25% of the contract amount may be approved by the OMB-GC Director as the Mayor's Designee or the Mayor. B. Monies Owed to the County. The County reserves the right, in its sale 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 w 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 infult or the County has agreed in writing to an approved payment plan. . C. No Payment of Subcontractors. In no event shall County funds·beadvanced or paid by the County directly to any subcontractor hereunder. PaY.Vlent 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 OMB. The OMB must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the 21st day of the month following the month in which services were provided. The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the Page 12 of 23 eB 13~SMIA-CB month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly reports, the OMS shall make payment. If the Provider is not meeting its expected expenditure rates, then a corrective action plan must accompany the Provider's Monthly Summary of Expenditures Report. The County will not approve payments for in~kind or volunteer services provided by the Provider on behalf of the project. The OMS 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 OMB staff reviews and approves the payment request, theOMB will submit a payment request to the County's Finance Department. The County's Finance Department will issue payment via Automated Clearing House (ACH) or mail the check directly to the Provider at the address listed In Article 12 of this Agreement, unless otherwise directed by the Provider in writing. Thepartles agree that the processing of a payment request from date of submission by the Provider shall take a maximum of forty-five (45) days from· receipt of a complete and accurate payment request, pursuant to the County's ShermanS. 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, if supporting documentation/invoices are properly documented as determined by the County in its sole discretion. It Is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses 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 thisAgreement and may result in termination ofthisAgreement. F. Final Request for Payment. A final request for payment from the Provider will be accepted by the OMS 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 OMS.no more than thirty (30) days after the expiration of this Contract. These documents shall include a cumulative contract year~end summary of Provider's program performance. the Contract Year-End Closeout Report, and the Property Inventory Report. If after'receipt of these documents, the OMS 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 fundsJo 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 Page 13 of 23 I , .i CB 13-SMIA-CB 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. 8. 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. REQUIRED DOCUMENTS. RECORDSj REPORTS, AUDITS,JVIONITORING AND REVIEW . ...... ...... ... .... .. ." A. Certificate of Corporate Status. The Provider must submit to the OMB, 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 laws of the State of Florida; that all fees and penalties have been paid; that the Providers most recentannual 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 listthe 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. Through the official minutes of its Board meetings, the Provider must also maintain proof that it has been sharing the results of all County monitoring reports with its Board. C. Proof of Tax Status. The Provider is required to submit to the County the following docum~ntation: (a) The I.R.S. tax exempt statusdeterrnination letter; (b) the most recent I.R.S. Form 990 or I.R.S. Form 990-N; (c) the annual submission of I.R.S. Form 990 or I.R.S. Form 990-N within (6) monthsafterthe Provider's fiscal yearend; (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 bea register,ed 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 employeeor any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County from competing or applying for any such contract as it pertains to Page 14 of 23 I l, I". > , ; ;. ~ i i I r ! CB 13..sMIA-CB this solicitation, must first request a conflict of interest opInion from the County's Ethic Commission prior to their or their immediate family member's entering into 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 five (5) 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 accountants opinion and related financial statements, the Provider agrees to provide these documents to the OMS 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 aU funds received pursuant to this Agreement have been so audited, whichever is later. 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 I Recordkeeping. The Provider shall maintain, and shall require that the Provider's subcontractors and suppliers maintain, complete and accurate progral11 and fiscal recor<ls to sUbstantiate compliance with the reqUirements set forth in the Attachment A, Seopeof Services, of this Agreement. The Provider andjts .subcontractorsand suppliers, shall retain such records, and all other documents relevant to the. Services furnished under this Agreement fora period of five (5) years from the exeir~tion date of this Agreement. The Provider agrees to participate in evaluation studies, quality man.agementactiVities, Corrective Action Plan activities, and analyses carried out by or on behalf of the County to evaluate the effectiveness of cUentservice(s) or the appropriateness and quality of care/service delivery. Accordingly, the Provider shall pennit authorized staff involved in such efforts the right of access to the Provider's premises and records K. Confidentiality Requirements. The Provider shall establish and implement policies and procedures that ensure compliance with the following security standards and any and all applicable State and Federal statutes and regulations for the protection of confidential Page 15 of 23 i r , . . ~ CB 13-SMIA-CB client records and electronic exchange of confidential information. The policies and procedures must ensure that: (1) There is a controlled and secure areafor 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, and/or the United States Office of the Inspector General; (4) Records are not left unattended in areas accessible to unauthorized individuals; (5) Access to electronic data is controlled; (6) Written authorization, sign-ed 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 signa 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 theOMB with monthly progress/performance reports in accordance with the activities and goals detailed in Attachments Aand F of this Agreement. The reports shall explain the Provider's progress for the month and, in the event that its activities are seasonal, must clearly indicate when specific seivicesand related expenditures will occur. The data should be quantified when appropriate. A corrective action plan must accompany all progress reports that indicate that the Provider is not meeting its expected service goals or expected performance levels. 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. The Provider agrees to permit County authorized personnel to monitor, review and evaluate the program/work whiCh is the subject of this Agreement. The OMB shall monitor both fiscal and programmatic complianCe with all the terms and conditions of the Agreement. The Provider shall permit the OMB to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the OMB's findings Page 16 of23 CB will be delivered to the Provider and the Provider will rectify all deficiencies cited within the period oHime specified in the report. If such deficiencies are not corrected within the specified time, the County may suspend payments or terminate this Agreement. The OMB 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 clientlfamily 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 ofthis 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 ·toemergencies and disasters, and must comply with· any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan/COOP must be submitted to Ule OMB no. later than January 1 st 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 onfile 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 InspeptorGeneral. (tG). shaH have the authority and power to review past, present andproposeo Qpul1ty programs.; .. accounts.1.records; ... contracts and transactions. The IG shall have the powertosub'po:enawitnesses,:admini$1eroaths and. require the production of records. Upon ten (10) dayswrittellnotice to th~ ProviderfromlG; the Provider shall make all requested records and documents aVailable to thelG 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·ontime, within bud9t3t and in conformity . with plans, specifications, and applicable law. The !G 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. Grant recipients are exempt from paying the cost of the audit which is normally % of 1 % of the total contract amount. Page 17 of 23 j 1 ! : ~ . i; I I CB 13·SMIA·CB 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 ensurecompli8nce with contract specifications and detect corruption and fraud. Nothing in this Agreement shall impair any independent right of the County to conduct auditor 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 .. ARTICLE 21. SUBCONTRACTORS and ASSIGNMENTS A. Subcontracts. The parties agree that no aSSignment or subcontract will be made or let in connection with this Agreement without the prior written approval of the OMB 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. The Provider will obtain three quotes for all proposed subcontracts valued at $1,000 and above and maintain 'documentation of all three (3) quotes on tile. 1) 2} 3) 4) 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, butwil! be liable hereunder for all acts and negligence of the Subcontractor, its officers, agents, and employees, as if they were employees ofthe Provider. The services perfoll11ed by the Subcontractor will be subject to the provisions hereof as if performed directly· by the Provider; 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 solediscr,etion. 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. 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 Page 18 of 23 ( i ~ , I , CB 13-SMIA~CB be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County in its sole discretion that it has satisfactorily performed services of the same general type which is required to be performed under this Agreement. 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. 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 pi'lyments to subcontractors that are small businesses (annual gross sales of $750,000 or less with its principal place of business in Miami-Dade County) and shall have a dispute resolution procedure in place to address disputed payments. Pursuant to the County's Sherman S. Winn Prompt Payment Ordinance (Ordinance 94-40), Section 2-8.1.4 of the Code of Miami-Dade County, Administrative Order No. 3-19, and the Florida Prom pI Payment Act, payments must be made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to small business subcontractors or adhere to disputeresolution procedures may be grounds ·for suspension or termination of this Agreement or debarment. ARTICLE 22. LOCAL, STATE, AND FEDERAL COMPLIANCE R.EQUIREMENTS Provider agrees to comply, in accordance with applicable professional standards, with the prOVisions of any and all applicable Federal, State and" the County orders,statutes, ordinances, rules and regulations· which may pertain to the Services required under this Agreement, including but not limited to: a) Miami-Dade County Florida, Department of Business Development Participation Provisions, as applicable to this Agreement. b) Miami-Dade County Code, Chapter 11A, Article 3. All Providers and subcontractors performing work in connection with this Agreement shall provide equal opportunity for employment and services without regard to race, creed, Page 19 of 23 , .. l CB c) d) e) f) g) 13-SMIA-CB religion, color,sex, familial status, maritalstatu$, 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. "Conflicts of Interest" Section 2-11 of the Code of Miami-Dade County, and Ordinance 01-199. Miami-Dade County Code Section 10-38 "Debarment", Miami"Dade County Ordinance 99,:,5, codified at 11A~O et. seq. Code of Miami- Dade County pertaining to complying with the County's Domestic Leave Ordinance. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against Provider. Part III, Ch. 2, Art. 1 and Ch. 11A of the Miami-Dade County Code, and any payment and ·.performance bond requirements if applicable under·the Florida Statutes and F.A.R. 52.222 if applicable. Miami-Dade County Ordinance 99-152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miarnl-DBcje 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. Publlcity~ 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, Page 20 of 23 CB 13-SMIA-CB 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, modificatiol'ls, 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 writlenamendment to this Agreement executed by both the parties. The Mayor or th~ 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. 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 I Severability of Provisions. Ttlis 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 ~pt?n 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 Page 21 of 23 CB 13-SMIA-CB Attachment I: List of Subcontractors and Suppliers (NOTE: AttachmenU mus/be qompleted and included with this Agreement only if the accompanying contract award totals $100,000 or more.) Attachment J: Authorized Signature Form No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any ofthe 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 ON THE FOLLOWING PAGE Page 22 of 23 1 , j CB IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract date herein above set forth. By; Name: Title: Date: Attest: Print Name: Title: Maria M. Menendez Corporate Seal OR Notary Seal/Stamp: MIAMI-DADE COUNTY By: Name; Title: Date: . HARVEY RUVIN, Clerk Board of County Commissioners ~~~--- By: Print Name: . Page 23 of 23 l ! I I ; ATTACHMENT I PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLtERS (Ordinance 97-104) Name of Organization: Ct .. ~ufh WIt 0 .~. Address: (/l ~ S\N\5rft-OY\\<t ~ I ~\!\ \ CUty\ i I ~ 1'3\ t.-) :? 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 LtST 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 u~ed", do not state "N/A". . NAME·OFSUPPLIER ADDRESS OITYANDStATE NI~ I hereby certify that the foregoing information is true, Signature of Authorized Representative: _......;;.;.~ ___ ~""' .. ,;..-:::;.........~_--.;,..:--_____ --.-. Title: ......... ():.=.*"'t"-'-~~ Date: -, in /2-0 (:5 Fed. 10 No •. 5:1. ":"'/,p{)OO c/31 Address: ltd?;; b .. (y.vnS(+ Dn /1!--City/ SfatelZip:0li W1 ~ ~ii'\:1,i ..Pt :5 r J Y. 3 Telephone: (J~~ bb~ ~SlQ .. Fax:{X:6)b{!~-' tp1J'18 g;.m8i1~k;tyvj,e~~¥'l6"W).j'o''''IIf(3'' Page 1 of1 DIRECT COSTS . Personnel: Salaries City of South Miami After-School House Program Miami~Dade County October 1, 2012 -September 30, 2013 Teachers/lnstruc.tors($26,775): These line items represent the salaries of three (3) part-time instructors. These Instructors will dedicate 100% of their time to students enrolled in the After-school House Program. These instructors will provide tutoring and homework assistance for children participating in the program. Grant funds are being charged 100% of these positions' salaries for the period of 18 - 25 weeks,depending on the hours worked per week. After County funds are expended, the City of South Miami will continue to pay for their salaries until the program is completed. TOTAL AWARD: $26.775 Page 1 of1 City of South Miami South Miami Senior Meals Program. Miami-Dade County . October 1, 2012 ~ September 30,2013 DIRECT COSTS Contractual Services Senior Meals ($18,400.00): Beginning December 1, 2012 -September 30, 2013, The City of South Miami Parks and Recreation Senior Program will provide two (2) prepackaged meals (cantina-style) to sixty-three (63) residents at the HUD Senior Center every Friday. The program will provide 126 meals per week (one meal for Saturday and Sunday) for participants in the program. In total, the program will provide 126 meals to 63 seniors (residents) at the HUD Senior Center every Friday for 43 weeks; which totals 5,418 meals during the contract period. TOTAL AWARD: $18.400 Page 1 of 1 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 Sectionl Yes V; ~. 1. 2. 3. Does your firm have a .collective bargaining agreement with Its employees? No. Does your firm provide paid health care benefits for its employees? Yes .7-, No ~---:"~_ Provide a current breakdown (number of persons) in your firm's work force Ind1catlng race, national origin .and gender. NUMBER OF EMPLOYEES .----Wh":':ite~r--1I~------"-~~~~--"'--'-"-4 1"7-'-'-""""""'--"'--~-------rua~k Asian/Pacific Islander HispaniC"' 1--------'-"--'-'4"'-----'----.----; r----------'~,,,,,c-,,,---"''''' ,,-,,-._.,.,-.. -,,-,.~,-,._! . N~ive American/Alaskan NatIve .. ' , . Total Number of Employees .Total Employee5 3. MIAMI-DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE CERTIFICATION (Sedion 2-8.1.2(b) of the Miami-Dade Counly Coe/e) All persons and entitles fhot contract wIth MIami-Dade County are requIred to cerlify that they will maIntain 0 drug-free workplace and such persons and entitIes are required to provide notice to employees and to Impose sanctions for drvg vIolations occurring In the workplace. In compliance with Ordinance No. 92-15 of the Code of MIamI-Dade County, the above named firm Is providing a drug-free workplace. A written statement to each employee shall Inform the employee about. 1. Danger of drug abuse In the workplace 2. The fIrms' policy of maIntaIning 0 drug-free environment at all workplaces 3. Availability of drug counseling, rehabliitation and employee assistance programs 4. Penalties that may be Imposed upon employees for drug abuse violations The firm sholl 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 ond 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, slate or federal agency, or maintaIns such a policy of 1I~ own accord and such poltcy meets the Intent of this ordinance. 4. MIAMI-DADE COUNTY DISASll.ITY AND NONDISCRIMINATION AFFIDAVIT (Article 1, Section 2-8.1.5· Resolution R182-00 Amending R-385~95 of the Mlaml~Dade County Code) Firms transacting business with Miami-Dade County sholl provide an affidavit Indicating compliance with all requIrements of the Amerlcans with Disabilities Act (A.D,A.). I, stcite that this firm, Is In compliance with and agrees to contInue to comply wIth, and assure that any subcontraCtor, or thIrd patly contractor sholl comply wIth all applicable requirements of the lows Indudlng, but not limited to, those provisions pertaining to employment, provision of programs ond services, transportation, communIcations, access to foclllt1es, renovations, and new construction. The American with Dlsab1l111es Act of 1990 (A.D.A.), Pub. L 101-336, 1 04 Stat~17i 42 U.S.C.Sections 225 and 611 Including Titles I, II, 111, 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 thot I om in corop/iqnce with the below sections, Section 2-10.4(4)(0) of the Code of Miami-Dade County (Ordinanre No. 82-37), which requires thaI all properly licensed architectural, engIneering, landscape. architectural, and land surveyors have an affirmative actIon plan on file with Miami-Dade County. Sedion 2-8.1.5 of the Code of Miami"Dade County, which requires thot firms that have annual gross revenues In excess of five (5) million dollars have on affirmatiVe ocllon plan and procurement policy on file wIth Miami-Dade County. Firms thot have a Board of Directors that are representative of the population moke-up of the nation may be exempt. 9/28/2011 Page 2 I ATIACHMENT A (A) MIAMI-DADE COUNTY OFFICE OF MANAGEMENT AND BUDGET GRANTS COORDINATION SCOPE OF SERVICE NARRATIVE SECTION I: GENERAL INFORMATION Name of Organization: City of South Miami, Parks arid Recreation Department Address: 6130 Sunset Drive,Solith Miami, Florida 33143 Program Contact Persall: .. JeQl1iferE. Korth, Grants and Sustaihable ltlifiatives)\~il'Hot$tratot Phone Number: 305-668-2514 Fax Number: 305-663-6345 E-mail Address: jkorth@southmiamif1.gov Fiscal Contact Person: Alfredo Riverol, CFO Phone Number: 305~663-6343 Fax Number: 305-668-7388 E-maiiAddress: .. ariverol@southmiamifl.gov Contract Amount: $18,400 Contract Period: October 1, 2012 -September 30, 2013 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: South Miami Senior Meals Program Describe the program goals: Describe the program and services and how program funding will be used: Through our Parks 'and Recreation DePartment, the City Qr,.soult1.JJl1Jami wiltproVlaepreQsredmeals to sixty4hree(63) residents thafparticipate in aCtlvitiEisat the HUD$enlorCenterlocated in South Miami.· ... .. .. . ... SECTION III: PROFILE·OFSERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [Le., 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)]: Page 1 of 2 ; , Attachment G Program Problems Encountered this Month: Is Technical Assistance Needed? If Yes, Please Explain: Authorized Personnel (Print Name & Title) Authorized SiQnature Date Page2of2 OGC 025 (rev. 10/19/09) •••• '¥ •••• --"':" .. ¥.-~---...... I' .... " .. «<-....... ,y.,~~ ATTACHMENT A (A) The Senior ilAeals<Program win gr()vide Mol2} t?re,.pacKaged meats (cantina-style) to ,apQroXlmatel~ sixty-three (63) residents at the HUD Senior Center every Friday. The program willprovide 128 meals perweek (63 seniors; X 2 meals per weeklfor43 weeks; whIch totals ,5,418 meals (43 weeKS X 126,' meals) during the contract period, ", , ", Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): Each meal will, (;0$[ approxirl1atel~$3;40 (based on " the previous , contracted ,year) ,·which :eguals $18;421.20 Thegenerall.lQit costWa8 calculated' as folloWS: $18AOO/63dlehts :::: $292.06, per client. Location of Service Site(s) and Hours of Service at each Site: (List aU sites including the physical street address with zip codes and the hours of operation for each site): The City 'of South Miami Senior Genter Is located at67()1 SVV62nd Avenue. South Miami. Florida. 33143; The hours bfoj;)erationare MondaY~Frldayfrotn7:00am -3:00pm, SECTIONIV: STATEIVIENrOPOBJECTIVES:{Definemeasurable and specific program objectives. Please quantirYfilod n()te timefr~me for c()fI1pletion of each objective [Le.,75% of children attending after school tutoring program will increase their readingscoreby'a full letter grade as measured by pre and post-testing during the contract year)). • 10Q%oftheelderlVQarticipants"thatreceiVe weekeridmeals will satisfy one Of their basic needs. .' "" , . ' • 90%01 the elderly partlclpanfs will gain sufficient nutrition frorn the meals, /:2roVided which will be measured by the type of menu provided. " • 90% of the elderly j;)articipantsWiIl, be satisfied • with the services proyjded which will be measured by surveys. ' . . ' SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: Publicannooocements will made during televised City Commission meetings .. and on the City's Web. SECTION VI: PERSONNEL I understand that while this information represents a performance projection, I must receive approval from the Office of Management and Budget prior to any operational or performance variations. Page 2 of 2 I 5. person who has been convicted of a public entity crime in Florida during the preceding 36 months shaH 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 applie$.) ~either the entity submitting this s~orn 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 affiiiate 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 1t;L.S~em 287.017 FLORIDA STATUTE~FOR CATEGORY TWO OF ANY. CC.HHAA.N N.~ G .•........ WE INFORMATION CONTAINED. IN THIS FORM. ~ ~ .•• (SignalUfej: Sworn to and subscribed before me thiS,f",41-,1_,....-........,...,... 20~. Personally known ~ .. ~~~~~~~~:.!:C:~~~-----4--:? ......... _~_-::;-...,. OR Produced Identification _____ -'-____ ---' __ --::::::---....=.-:-:--:---:-::::----..---: ____ -..,.......,......,.-M:y commission expires _~-'-:-~:..;....;.,.;.~~ (Type of Identification) tiKJ1?I4· l.C~~ .. . (Printed typed or stamped commi.E;sioned name of nQt~l)' public} 20(2 , , . ATTACHMENT A (8) The prosrarn takes olace39 weeks throughout the year and two hundred I2.00}chUdrehgtades K through 12 will participate in the program. '. .... . Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): The unitcosUoserve two hundred j;)articipants (200) is $133.BR 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): • The. t\fter-schbol' House Program is (dcated at the Gibson-Bethel bommuni1Y;Center,Murra~ Park -5800 SW 66th Street. South Miami, Florida 33143. . . • Hours of Operation forthe Center are lVlonda~ ~ Frida'lio;OOam .... 1 0:00: pm. Satutday,9:00 am .::.; 6100 pm, and Sundav, 10:00 am. ""-2:00 pmand seiVlces'wilf beptovldedrrom 2.:00 pm- 6:00 pm, Monday -Friday. . SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for completion of each objective [Le.,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]). -80% of lhe children will Increase their reading fluency and comprehension as measured b~ various tests. . . . . • 900/0 of the students will comgletetheir homeworkassignmentsasrneasuredbY reporicards. • 950/0 of the children wiJIparticipate in educational activities as measuredby{hepanicipatlon 1m '. . SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: Public awareness and outreach will be communicated through public an nouhcem en ts dUring televised City Commission meetings, City's website, and flyers, . . ' .. ' . SECTION VI: PERSONNEL , understand that while this information represents a performance projection, I must receive approval from the Office of Management and Budget -Grants Coordination prior to any operational or performance variations. C1rUtXRi(lM~, hl7t.DifeC'mr-f,lC Print NamealidTitle ' . if tA~ ~S st ~tcre.tfv~ ofl . t.-S'f;;n· '.!lIt'. ureand Title of Person Completing Form Page 2 of 2 j I i i ! f I 1 I f f , CountylDepartment Use Only CONTRACTS & GRANTS MANAGEMENT UNIT SECTION c.o. ALc ___ _ AFc ___ _ ANc ___ _ asc~ __ _ C.O.NOTE: I BG c _"'-;';";'_-' DDc_~ __ .. DG c_'__-,-- FISCAL UNIT S.ECTION PREPARED BY: DATE: APPROVED BY:,.., __ ---_____ _ DATE: CLS 09/10 (rev. 11/16/09) EHc ___ _ MLo ___ _ NRc ___ _ SJc~ __ _ VOUCHERti: INVOICE#: VENOOR#: INDEX CODE: SUB.OBJECT: AMOUNT TO PAY: Page 2 01.2 S$c ___ ,-- Tl:lc ___ _ YM c~. ~."~~~"'m" OTHERc __ _ OTHERc_' __ OTHER c_· __ . OTHERc __ _ OTHERO_ .. _. ~. • AUTHORIZATION r hereby cerlilY Ihat this expellse report submitted by tile undersigned con~lilUlcs approved budget expenses during the period listed above, and Inllt 110 e)(penses for which reimbursement is requ,,-<tet! has been or will be relmoua.ed by any olher fttndingsolll'ccs. Executive Director I Agency Designee Signalure December 10. 2012 PrilllTHle •• COIJntyiDepartm9nt Use Only C.O.NOTE: VOUCHER#: FISCAL PREPARED BY: INVOICE#: PATE: VENDOR 1/; INDEX CODE: FISCAL APPROVED BY: SUB-OBJECT: ... DATE: AMOUNT TO PAY: CI3 (rev. 11/16/09) Page 2 of2 I ; '.1 .I I ! AFFIRMATION I, being duly sworn, do attest uncler penalty of perlury that the entity Is Tn compliance with all requIrements outlined 11'1 these M1aml-Dade Count)' Vendor Affidavits. (Date) . . . ~frlnted NamentA ftonland Title State No/ary Public -gr:~~ State of: .. ~ ., '~ .. Prini or Stamp oNOlary Puhlic 9/28/7011 NOTARY PUBUC INFORMATION County of Pago 4 Expiration Dale MY coMMiSsION II 00 891582 EXPIRES: October 2,2013 Bonded ThlU tlolary Public UnderwritG!S Notary Public S~-z;r"---' (When applicable) i t SIONO.: BIOTITLE: SUBSCRIBED AND SWORN TO (or affirmed) before me this .u//:........;..--,;. day .. ~o.h.· .••.•. ·•·· .•.. '. ." ' ....... . 20j,.!) ~~ __ .. ~'-'0. >', " . ~,~ f UiWSlie is ~sonany I<nQwn.tome or has presented __ --,-...--_'""'=".,.."...--:":--:--~~:__--~ as identifi ~0fY-. "" > -7 Type of Identification • Serial Number .. Expiration Date Notary Seal MARlA L GARCIA MY coMMISSION # 00897582 EXPIRES: Oclober2.2013 Bonded Thru Notafy public UndE!lW!itelS , . miamidade.gov July 25,2012 Ms. Jennifer Korth Grants & Sustainable Initiatives Administrator City of South Miami 6130 Sunset Drive Miami, FL 33143 Management and Budget Grants Coordination 111 NW 1 st Street. 19th Floor Miami, Florida 33128 T 305-375-4742 F 305-375-4049 RE: Distribution of "Pink Slime" Meat Products by County Funded Programs Dear Ms. Korth: On June 5, 2012 the Board of County Commissioners passed Resolution #R-478-12, which prohibits Miami-Dade County from contracting with any food program that uses meat products that contain "pink slime"-low-grade beef trimmings commonly added to ground beef. The County took that action in response to customer concerns regarding possible health risks. To prevent a contractual compliance issue, now or in the future, the Office of Management and Budget -Grants Coordination (OMB-GC) is urging all its food distribution service providers and meal service providers that receive General Revenue funds to immediately discontinue using meat products that contain those low grade beef trimmings. We will contact you again once the County Attorney's staff determines the process that programs must follow to confirm that they are not using "pink slime" in the food or meals that they distribute. . You may obtain an electronic copy of Resolution #R-478-12 at the following Web address: http://www. miamidade.gov/govaction/legistarfiles/MinMattersIY20121120798min.pdf. Please contact Felipe M. Rivero, 111, Administrator of our Contracts and Grants Section, at (305) 375-4765 if you have any questions regarding this requirement. . Sincerely, ~-~r~~ Daniel T. Wall Assistant Director Office of Management and Budget c: Philip K. Stoddard, Mayor Senior Center remodeling project scheduled to start mid-January 2013. Developer: • The remodeling of the center is being done to make it handicap accessible and more updated. • Seventeen seniors will be moved one floor at a time for an estimated time of 45 to 60 days. • The seniors will be relocated at the Best Miami Hotel located in 5959 SW 71 St, in South Miami. • Two months rental will be waived. • Storage and moving accommodation will be provided. • Dinner will be provided and will take place at the hotel every night. Please note that this living arrangement could take 45 to 60 days for each floor MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -MARCH 19, 2013 in the XXXX Court, was published in said newspaper in the issues of 03/08/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r ate, com . . or refund for the purpose of securing adve' ment for ublication in the said newspape. MARIA MESA O.V. FERBEYRE personal . CITY OF' SOUTH MiAMI .NOT~~E()F .,UBLlCHE·AR'NG NOTICE 'IS HEREBY;\9r~e,rii~~f!MA~ity~pq~rolSS!On .·of th~ qty .of South Miami Florida wiUcondu<;tPublic'.Heanng(s) at Its regular City Corilmission;meeting.';sCJl~~y!~,~;f9r.;Tl.lesdav, March 19;.2013, tJe~iilnfng;at1:do'p:in;; in~th'e Pity COI:nmission Cnarnbers; 6130 Sunset Drive, to consider thefollowin~. item(s): ( ......•.•. 'P,..1:i~~PI\lt\o;,·.auth()ti<;i~W~·¥ity.Nan~g'ert!?· e.wa,r<i·t~OI)~Y~~~), . Contract With. an .. OlltiO. ·n .•.. to.).e. I)e~f.or t:N. 0 o .. n .. e~y ... ear o .•• P .... IO .. (1so. .' .. mosfresponsiveahd resppnslblebldderfortl1e CIty'S Semor .. Progrilmweekend;geliverymeal service.· .' . .. .• . , i ~ ,- .A:n6rqil'\arice;~m~n(jing .. tbe .9ity,()!"S\I.wth ',' M.iarni .:Land-; 'Ol!ivelopmenf Code, 13ectlon20:~; f(B)(?)~d) ~t;1d.(e)~<Xll1cem-:.: .' ingmeeting sciiedulesforthePI~nl)lngB~~rci ...•••. ' ...•.•..... ...... . ... . An.ordinanc~am~n~i~g$~tl6n.~O;6:1;(Bj(~)(a)·. oItha ~ncl": beyelopm!lhk:COd~ .. ' titled/~F~1~~ll)j;I\~;!?P~(~'S ,rE~?ures: .cha~git;lg. theh(jmperofrnernb~rs;that COhs\itutea.quorum,· ;CG;ii$Z '~~~i :l~~j\:~:f~v.~npa~~to/mei;· ;i~··A.~sj~t~~e~~~~p'~~i~~~?e~r~~~t~·~~~I1?~I1~'Wili~E\~Et~~: 1=~rJurth~~;nform~tion,PI~~6~nt~~ttl1e.City··Clerk's·Offige .; . ,:. at: 3??;~6~:,~~~: ,': .s ." ; .:;' y ... : .;,: ; ", . .. . -,':)¥V'; >'~;:~;':?:~f'*)/'~~)~ "," i { t''''' '"~ "i'~:'M~rl~'M:~~'M'~nehd~~:'::ci~~Q':j /. "'~. ·i'~·".\.;; CityCler!<,c·· .. pii';"i ;ti·Fi:~.herElbYadViS'est~~· p~mi~tftW1f;~. decision mage .• by this Boaidi-Agel1 9Y. ()anY,Il1atter c0'1sidered at its meetlnggl' . record of t~e.proce~dir9s, an(j t~atfor ~.. . ... '. ...... • . ....> ;mayneed~()~n~~~e.1~~t'~. . vefuatImreoofqoffl;ieprdq, .... si~ima'cle'yfllic~recOrd im:l \ldesJl1e. .testimoiiY lind eVidehceuponwhichtl1e~pealisto be based... '. .",;";£;;;,,.:+0';,:.:'.: i:':~:i; ... M ..... ~._ .• :.. .' • ".". 13-3-225/20~61t9.M