Res. No. 208-08-12805RESOLUTION NO.: 208 -08 -12805
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT . AGREEMENT WITH MIAMI -DADE COUNTY BY AND THROUGH ITS
OFFICE OF GRANTS COORDINATION IN THE AMOUNT OF $56,650.00 FOR
SOCIAL SERVICES, WHICH CONSIST OF AFTER SCHOOL HOUSE TUTORING
AND SENIOR MEALS PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission wish to accept the grant agreement with
Miami -Dade County Office of Grants Coordination; and
WHEREAS, the Grant Agreement will allow social services, which consist of After School House
Tutoring and Senior Meals Programming; and
WHEREAS, the City Manager is authorized to execute the grant agreement in the amount of
$56,650.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the
grant agreement with Miami -Dade County office of Grants Coordination.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 16th day of December .1 2008.
Lwaa
ClltOJ7dRNEY
COMMISSION VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: yea
Commissioner Beckman: yea
South Miami
All•NnericaCity
CITY OF SOUTH MIAMI { I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager_�lj'�
From: Carol M. Aubrun, (-
Grants Writer and Administrator
Date: December 16, 2008 Agenda Item No.: 30
Subject: South Miami Social Services Grant with Miami -Dade County Office of Grants
Coordination for the After School House and the Senior Meals Programs
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY BY AND
THROUGH ITS OFFICE OF GRANTS COORDINATION IN THE AMOUNT OF
$56,650.00 FOR SOCIAL SERVICES, WHICH CONSIST OF AFTER SCHOOL
HOUSE TUTORING AND SENIOR MEALS PROGRAMMING; AND
PROVIDING FOR AN EFFECTIVE DATE.
Request: To authorize the City Manager to execute a grant agreement with Miami -Dade
County Office of Grants Coordination for the After School House and the Senior
Meals Programs
Reason/Need: The City of South Miami was awarded two (2) separate grant funds from
Miami -Dade County Department of Human Services, which were: 1) After.
School House Tutoring in the amount of $72,000.00; and 2) Senior Meals
in the $18,400.00. Both programs have been consolidated through the
County's most recent budget process and now fall under the Office of
Grants Coordination. This fiscal year's total award amount is $56,650.00
with a breakdown of $38,250.00 for After School House Tutoring and
$18,400.00 for Senior Meals. The exact same scope of services will be
provided as with the previous contracts. The resolution will allow the City
Manager to execute the grant agreement with the County.
Cost: N/A
Funding Source: Miami -Dade County Office of Grants Coordination
Backup Documentation:
❑ Proposed Resolution
❑ Proposed Contract
❑ Previous Resolutions
❑ Previous Contracts
Control # 9- SMIA -HH -CB
MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION
SOCIAL SERVICES CONTRACT
This Contract, made and entered into this �O day of;�JPrt , 200 g , by
and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to
as "County ") through its Office of Grants Coordination (hereinafter referred to as "OGC "), located at
2525 NW 62nd Street. a Floor. Miami, Florida 33147, and City of South Miami having offices at 6130
Sunset Drive South Miami Florida 33143 (hereinafter referred to as "Provider") states conditions and
covenants for the rendering of social and/or crime prevention services (hereinafter referred to as
"Services ") for the County.
WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health
and welfare of the residents throughout the County and further provides that all functions not
otherwise specifically assigned to others under the Charter shall be performed under the supervision
of the Mayor or the Mayor's designee; and
WHEREAS, the Provider provides or will develop services of value to the County and has
demonstrated an ability to provide these services; and
WHEREAS, the County is desirous of assisting the Provider in providing those services and
the Provider is desirous of providing such services; and
WHEREAS, the County has appropriated funds through Ordinances 08 - 105 and 08 - 107 for
the proposed services; and
WHEREAS, the County has appropriated funds to the Provider for the proposed services,
NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the parties
hereto agree as follows:
I. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services
rendered under this contract shall not exceed:
South Miami Senior Meals $ 18,400
The After School House (Tutor) $ 38,250
Funding and contract payments will be available as noted below based on the prior year performance
grade issued by the County for each individual allocation and corresponding service program.
Performance Grade
A
B
C
D
F
Percent Available
100%
85%
70%
60%
0%
For service programs with a performance grade of B, C, or D the maximum amount payable will only
be available upon written notice from the County if the Provider successfully satisfies all of the terms
and conditions of the corrective action plan issued by the County for each service program within six
(6) months from October 1, 2008, and the County determines that available funding should be
restored to 100% of the maximum amount payable. The Provider, by signing the Acknowledgment
Page 1 of 17 (CB)
Form incorporated herein As Attachment J, atkncMiledgOs and Agrees that the County is Only
responsible for 9 percentage of the maximum amount Payable based on the ProAder's already
d6fdrMined Performance Grade.; Further, the Provider,a6knoWledge-A that the makirrUin Amount
payable will only be dbe if at at!, when the County In its sole discretioridetermines that ,the Provider
has successfully I conditions of the corrective action piaq issued by the
sqtlisfliid�a [of the terMISind I
County for each:sOrvldo OtOgrarn Within 919 (6) mbrith0otin October 1, 2008,
of FWIII have three (3) m6hth§ from October 1,
bons of the corrective, Action plAn 19,SLIed for
f0nd1hg;.sh6QI4ba restored to 100%
Both parties agree that, sh6uldaVallablii County MridindrbO reduced the Amount payable under twig
that 1 11 It , I 'd � I I � , . � I
dontract�miybeprop.orfibntitoyreduco- at the option ofthe:brou,nty,
Ail services undertaken by theRovidet before the GoUnty?a, approval Of this Contract shall be at the
Providers -risk and expense.
It, is the responsibility of the Provider to maintain sufficient financial resources, to meet, the expenses
incurred during the period between theprovi6foo or services and payment by the 'County.
11. SCOPE OF SERVICES. The Provider Agrees to render services In accordance With the
Pori
Scope of Services Incorporated herein and attached hereto as Attachment A;
The Provider will Implement, I the Scope of 6ervires as de'scribed in Attathrrient A in a manner
deemed satisfactory to the County. Any ' Scope of Services shelf
ication of amend ant to the
not be effecffvo until approved by the OGG'Ih Writing.
III. BIJIQGET SUMMARY, The Provider agrees that all expenditures or costs shall be made 1n
accordance, with the Buddet that Is attached herein and incorporated hereto as Attachment 8,
The provider May shift funds between line Reins not to exceed Moan Percent (16 %) of the
total; budget- by submls;Aon of a Budget Modification RbqUest to the OGC for OpptoVdf, Variances
greater than 'fifteen percent (160/p) In any line Item shall .require prior appnbval and a budget
modification approved by the Pr6ld6nitiVice PresdenI3 or Executive of the Provider as well
as I thofOGG. The Budg6tModificaflon shall replace Attachment B,
In no event MAII the budget include a line item fof,indirect costs in excess of fifteen percent
(15%)o I of the total budget, If the budget includes a line item for Indirect costs of 1066 than fifteen
percent-(15%), then the Provider must support expenditure with proper do cumentation.
The Provider may Amend the -budgiet'no rhowthari Wide during the term, of this Contract A
final budget revision must be submitted to the OGO no later than 45 days prior to the expiration of the
Contract,
IV, EFFECTIVE TERM The effective wrin: of this Contract, shall be from October 1 9008 to
Septe, The County Will, not OnteirtAlh,any MqUegt for not
"Aict to i renewal.
V.' INDE'—MN)r-ICATION BYRAQVIDER.,
int 5nill ; iGovernment entity shall Indemnify and hold, harmless r the, County
is, agents,and,instrumentalifies from, any, and all1lability, losses or damages;,
And costs of deldnasi which the County or Its officers, employees, agents or'
Page;2 of 17 (013)
instrumentalities may incur as a result of'61aims,i demands, suits, causes of actions or proceedings of
any'kind or nature'arising out of, relating to or resulting from the performance of the Contract by the
government entity or its employees; agents, servants, partners, principals or subcontractors:
Government entity shall pay all'clalms and losses in connection therewith and shall investigate and
defendaii claims, suits or actions of any kind or nature in the zopme of the, County, where applicable, .
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Provided, however, this lnderrinification shall` only bo to the extent and within the
limitations of Saction 708;28 Florida Stat,, Subject to the provrsiohs of the Statute wheYeby the
government entity shall not be held 'liable to pay a personal injury or property damagel claim or
judgment by any one person, which 'exceeds the sum of $100,000, or any claim or judgment or
I ortions thereof, which, when totaled with all other claims or judgments paid by the government entity
arising out of the same incident or occurrence, exceed the sum of $200;1100 from any and all personal
injury or property damage Claims, fiabilitles, losses of causes of action. Which may arise as a' result of
Bs. All Other Providers, The Provider shall inderprify and hgid harmless the County and
Its officers,, employees,, agents and instrumentalities from any and alI liability, losses or damages,
including attorneys' fees and costs of defense, which the County or its, officers, emptoyees, agents or
instrumentalities may incur as a resuitof clairris,:demands, suits, causes'of'actions or prooeedings.of
any kinnd b" r nature arising (jut of,. relating to or, resulting from the perforrYlance ofthis Contract bythe
Provider or Its; employees, agents, servants; partners principalsor subcontrai tors.
Provider shall pay all claims and tosses in' connection therewith and shall investigate and defend all
claims, suit's 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 thatany insurance protection required by this
Contract or othejwise 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.
G. Term of indemnification. The provisions of this section or indemnification shali,survive
the expiration or termination of this Contract,
Vt iNSURANGE:
A. Gbverfiment Entit . If the Provider is the State of Florida or agency or political
subdivislon.of the State as deflried in Section 768.28, Florida Statutes, the Provider shallfurnish to the.
County, upon request, written verification of liability protection in accordance with section 768.28;
Fiorlda Statutes, Nothing herein shall be construed to extend any party's liability beyond that provided
in section 768,28, Florida Statues, The Provider shall also furnish the County, upon request, written
verification of Worker's Compensation protection in accordance with Florida Statute 440.
B. All Cther Providers. The Provider shall furnish to Miami -Dade County,. Office.of'Grants;
Coordination, 2525 N.W. V 62 "d Street, 4 Floor, Miariq; Florida 33147, Corti of Insurance oi"
written verification as determined by the County's Rlsk Management Division after review of the
Scope of Services (Attachment A). The Certificate holder shall be listed as! Miami -Dade County, 111.
N iiV 1sr Street, Suite 2040, Miami, Florida $3188, Tire Countyshali not disburse any funds until it is
provided with the necessary Certificate(s) or written Verification (binders) and such documents have
been approved by Risk Management,, The Certifioate (s) shalt indicate that insurance, coverage has
been obtained which meets the requirements as outlined below.,
Wq keys Compensation insurance for all employees of the Provider as required by Florida
Statute 440.
Page 8 of 17 (CB)
Public Liability Insurance on b6MOrehobsive basis in On amount not 1689 Man $300,000
combined single limit per occurrence for bodily Injury and ' property damage, MlamWade County Must
be shown as an additional insured with respect to this coverage.
Automobile Liability lirisuiano covering all owned, lion -cwrioo and hired vehicles used 10
connection with the Work, in an amount not less than $304j000 dornbindd single limit par occurrence
for bodily injury and properly,darnage.
Professional' Liability Insurancaj when applicable, in the name of Provider in in amount not
less than $256,060.
insurance policies required above 'shall 00 issued by companies i authorized to do business
underthe laws of the 9fate, of Florida, with the following qualificallom,
The cbmparly must batated rio lasg4than 131' as no
r .
less thon. "Class W as to financial strohgtKOY latest edition of Bd§f§ the I
Insurance Guide;. . published by A.M. Pest Company, Oldwick, New.
Jersey, or its equivalent subject 46 the approval of the County I R , isk
Management Division.
or
The company must hold 6 Valid FlorldaCertificate of'
10 this la ' test "List of All InsuranosCompariles Author!
in,Plorl0a,"issued, by theState of Meddle Odd of Inst
Certificates of Insurance shall Indicate that no modification or change In insurance shall be made
without thirty (30) days written advance notice to the certificate holder.
Compliance with the . foregoing requirements s I hat I I ftotroliev6 the Provider of, its liability and obligations
under -this ;'Seof[Oh or under any ottierbettion of the Contract.
The County reserves the right to inspect,the Provider sinsurance policies at I any time during the totm
of this Cbnfradt,
C. Pollute to Provide Certificates of. Insurance. The Contractor shall. be responsible for
assuring that the insurance cart! , fics1sisrequir6d in conjunction With this Section remain in force for the
duration of the effective term of the Agreement. If insurance certificates are scheduled to expire
during the effective term, the Provider shall be responsible for submitting , , ,noW or renewed Insurance
certificates to the County' prior to expiration.
In the event that expired certificates are not replaced With new or rensiWed'oartifjoatas which cover the
effective lamn,, the CoUnty may suspend the Agreemept until such time 'as, the new or renewed
certificates are received by,t he County in 11 the manner proscribed herein; provided; however, that this
suspended period does not exceed thirty '(3O) calendar days,. Thereafter, the County away, duts t6le
discretion, terminate this contract,
Vil. PROOF OP LICENSUREVERTjFIVATION ANO OACKdROUND giCREWWO.
A. 1 Lic_ensurd. If the Provider i's required by the Wald of Florida or Miami-Dade Codrfty to
be licensed of certified to provide the services or operate the facilities: outlined in the $c0peof
Services (Attachment A)f the Provider shall furnish a copy of all required current licenses, or
certificates, F�Kaniples of services or operations, requiring such lio'Onsuire or certification include but
are not limited to clilldcare,, day care, nursing hornes,end boarding homes.
Page 4' of 17 (CS)
If the Provider falls, to furnish, the County with the licenses of certificates required under this.
$option, the County shall not disburse ,anyfunds.unfit itis-proVidpciwith such licenses or certificates.
Failure to provide the licenses or,certificates within sixty (6 , 0) days of . execution of this,Contraot May
result in termination of this Contract,
M Background Spreanino, The County requires, that only -employees 'and, subcontracted
personnel With a, satisfactory background check as described in Section Florlds Statute's
and through an (Le.,,,the Flodd!,DOpbrlm'Ont OfJuvOtiii,e,,iusfict) Florida:
Department. of Law Enforcement, Federal Bureau of Investigation) work with direct contact With •
juvertiies
Pursuant to 085,01 2 {a)' Florida; Statutes, "aaah, ton root.,entored jhto.Jor services delivered on ,ail
appointment or Intetmittdrit'basis, by 0 provider that does rfdLhave jr66uIbr custodial responsibility for
children.:: Must dritufAb that the owners, opdrajcfgj and alt lJorsdrinel who have direct contact With:
children are 0 good moral character..." to order to ensure this condition "(b) The. Department iff
Juvenile Judtice...i shall require employment screening pursuant to chapter 435, using, the level 2
standards, set forth in'theit chapter for personnel in programs for. children or y6ulhs."
Pursuant tbL the above passages from Florida, Statutes; it Is required that all provider agency
personnel worldrig,diredtly with children must have a completed" Level I Screening response from the
Florida Department of Law Enforcement that Indicates that (hare has been no prior Involvement in any
of the disallowed conditions,b6foro beginning work' with client youths: Level i Screenings can be
accomplished' Olbctrohically on line With the Florida, 1)6peirtrrient of Law Enforceinprit:
W s—taL'—fIus/CtimIn1fHiftbN/, fr addition, ,recognizing ,that Lbvbi'2,seedening.oan take several
t v,I Screening must beinitietidpd6et6 beginning Wdrk,dirg IyWlft,tlients.
Any employee receiving �psltive rosponseftsponses to any Of the enumerated charges as defined In
I a 6wjlh' children LAval 1 aftd, Level 'Z background, checks must immedlaWy cease wo.ddn or youths. All
employee personnel files shall reflect the Initiation and completion of the required background
ser661ring 66dkg.
From, the date of execution of this contract,, Provider shall furnish the County with proof that
background screening Level I was completed If the Provider fails to furnish to the County proof that
backgroun'd screening Level I was completed and UW012 Was Initiated prior to working directly With
client youths, the, County shall not disburse any `further ftinda and this; Contract may be subject to
termination at the discretion of the County:
The County requires that only employees and subcontracted employees with a satisfactory
background check as described in Section and through an appropriate 'screening
agency (Le, Florida � Department of Law Enforcement, Federal Bureau : of lrivwgatloq) Work in direct
contact with the elderly, dlstbled'aand pbesotis with "mental illness, In settings such As but not limited to
adult day care center; assisted living facilities, home equipment, screening nursing, homes, home
health agencies (facilities I for developmentally disabled I , and mental. health, , treatment I facilities.
Within 30 days of execution of this contract Provider shah fuffilsh the County with" proof that
background sem6nlhgwasitftt!Ated/dompleted, If the Provider falls tofuffilsh to theCduntyproof that
'bac
,16round, screening. was initiated within 86days of execution of this contract, the County shall not
!disbuiso any further funds, and this Contract may be subject to termination at the' . discretion of the
County.
Vill. CONFLICT, OF INTV1415SM The Provider pgreesjo abide by and be governed by" Dade
;County Ordinance No; 72-02 (Conflict of Interest Ordinance codified at Section 2-11.1 at al. Of the
Page 6 of 17 (00)
Code of Miami-Dade County), as amended, Which Is iriborporeit6d herein by reference as it fully set
forth heroin, in connection with its Contract obligations hereunder,
IX jgIVIL RIGHTS. Provider agrees to abide
WE
( "County 'Code "), as amended, which prohibits
accommddatjons; Title Vii Of the Civil Rights Act
In employmbrit,and public-Accommodation; the /I
as amended; which. prohibits discrimination in or
1'070, 29 UAC, §794, as amended, I ,
which po:
Americans with ' h, Digabillitios, Act 42: U.S ' G.
employment and public 'accommodations becau
§1612, As ,amended; and the Fair Housing Act
that the Pfovider must submlfaq affIdavit;attLsfini
or ' any owner, subsidiary, or other firm aiflllaie
the Courts o•th
will dondUct •hofOflhbr'buslhas8 with the Provider.
by Chapter 1'1A of the Code of Miami-Dado
in employment, hbUi§Ing and
of 1968, as amended, Which irohibits discrim
?ymont because of age; the Rehabilitation Act Of
its discrimination` on the basis of disability;, the
103 at seq., which prohibits discrimination in.
of,dlsabllityi the Federal. Transit Act, 49 U,'S.C1
LtS.C.'§3801 et seq, ft is expressly understood
iat It Is not in violation of the .Acts, If the Provider
Vito, or related to the Provider is found by the
;bdnty to be in Violation of those acts; the County
Any contract entered into based upon a false affidavit shall be Voidable by the County. If the Provider
viol any of the Acts during the term � of any Contract the Provider has with ,the County, . such
Contract shall be vofdabi 1 6 by the County, even if, the Provide I r . Was, not in T1616tion at the time it
stibmittedifs affidavit;
The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 111A-60
et sags of the Miami - Dad , , 'od% which requires an empto)(0r,. Wh
P�c6uhty b a to fhe:pogular course of
busines,s.has,fifty (60) or more employees Working ItI.Miami-DOde County fore each w6f1drig: day during
each of twehly'(20) or thdro, calendar Work, Weeks to provide domestic violence leave to its
orbployees: Failure to comply with this local law may .be,gtounds for voiding or terminating this
Contract orforl commencement of, debarment proceedings , against Provider.
9, blOTICIESi It is understood and, agreed between the parties that wrifton notice addressed to
the OGG and mailed or delivered to. the , address appearing on page one (1)' of the Contract and
Written notice addressed to the Provider and mailed of delivered to the address appearing on page
one (1) of this Contract shall; constitute sufficient notice to either party. Dither party may at any time
designate a differentaddress and/or contact person by giving 'written, notice as provided above to the
other party,
A AU*�t
6N6MY. Ooth.,partles agroethatthis Contract recognizes the autonomy cfahcUpt[pulates
or Implies he affiliation. between the contracting. patties, It expressly understood and intended that
the Provider is only a recipient funding support and is not an agent Or instrurrientallily, of I the County,
rorthe re, the'Provi
rmo Provider's agents and employees are not agents or employees of the County,
XU. gU.RvivAL. The parties acknowledge that any of the obligations In this agreement,
including but not limitedr to Provider's obligation to indemnify the County; Will, survive tho;lqrm,
termination; and cancellation , Hereof. Accordingly, the respective obligations of the Provider and the
County under this agreement, Which by nature would continue beyond the termination, caric4lIatiori or
expiration thereof, shall survive termination, cancellation or expiration hereof.
X111. BREACROFdONTRACT' COUNTY REMEDIES
I
A. Beach., A breach by the Provider shall have occurred under this Contract If (1) the
Provider falls to provide the services outlined In the -Scope of Services (Attachment. A),. Within the
effective term, of this Contract; (2) the Provider Ineffectively or improperly uses the County, funds
allocated under this Contract; (8) the f1rovIdor does not furnish the Certificates 6flhsurance,jdquked
the I 'County's Risk
by this, Contract or as determined by, the Management Division,, (4) the Provider. does
Page 6 of 17 (C8)
not furnish Proof of licerisure/cortific6tioh or proof of background screening required by this! Contract;
(5) the Provider falls to. submit, or submits incorrect or Incomplete proof of expenditures to support
iiisbursement, reauests or advance., funding disbursements or falls to submit or submits incomplete or
Incorrect detailed requests of expenditures orfirialexpendifure reports; (p) the Provider does not submit,
or submits incomplete or 'incorrect required, reports; '(7) the Provider refutes to allow the County
access to records or refuses to allow the Courtly to monitor, evaluate and review the Providers
program; (t3) the Provider distrimio6tesunder any of the lamoutlined iri Section 'Rof this Cbntract,•'
(9), the Provider'Mils to provide Domestic, VidlenceLeave to Its employees pursuant to local law; (10)
the Provider taisities or violates the provislo, rig, of th I at t) rug Proe workplace Af�tdWjt (AffAdhMent D);
(11) the� Provider attempts to meet its, obligations under this corit(odt through' fraud,
mlsftrOentarldri or material misstatement; (12) the, Providerfalls to correct deficiencies found during
a monitoring, evaluation or review within' the Apedified time; (13), the .Provider faits to meet th
terms and', conditions I I of I an obligation lf6at) on uliiii:161 It any contract r, o, therw, Ise or any repayment schedule to
Y Is to submit the Certificate
_ I do :` ,
the County or any pf,ltg Pgoriclos, Ortristrumo,ritoiltileS; (14) the Provider r 4ai
forms and condition s of the Dade County Affidavits (Attachment D) of theSW6 Affidavit (Attachment
E); or (18) the Provider fails to fulfill in a timely and pkiper Mannet, any and all of its obligations,
covenants; agreamdnts and stipulations in this Contract. Waiver of breach of any provisions of this
Contract�ghall not be deemed to be a Waiver of any other broach and shall not be construed to be a
modification of the left$ of this Contract.
B. Countv. Remedios, If thb t:irovIder breaches this Contract, the County may pursue any
or all of the;follqwlqg remecifes:
1. The county may terminate this, Contract, written notice to the ProVidef
of such tomilruitl6a and specifying the dffdctiVb ddl:Wthbreof Of= (5) days before the effective
date ,oftermination: In the event of forrnlnotlqn,� the Counly'mAy' (8) request the, return 61"all finished
or unfinished documents, data s I tudies, a I urveys, drawings, 60, models, photographs, reports
prepared and secured by the Provider with. County funds . under this Contract; seek reimbursement
d to 'the �P ' r under - Contract; of County,funds, allocate I rovide u this ntract; or,(0)terminate or,cancal any other
contracts entered. into between the County and the Provider; The,lProviddr shall be responsible for''011
066t and indirect costs associated With such termination, including attorney's fees;
z The County may suspend payment in. whole or in part under this Contract by
providing Written notice to the, Provider, of such suspension and specifying the effective date thereof,
at least five 1 5) days before the effective data, of suspension. On the effootive date of suspension the
Provider Must Immediately cda96.to provide services pursuant to this Contract; All paymehislo
Provider as of this data shall cease, If payments are suspended', the County shall specify in writing
the actions that must be taken by the Provider as pondition,precedeni ' to resumption of payments and
11 :
shall. specify a reasonable data for compliance, TITO County 'may also suspend any payments In
Whole OrJapa(rt under any other contracts entered Into between the County and the Novid6r. The
Provider, shall be responsible for all direct and Indirect costs associated With such suspension,
including attorpeVs fees;,
3. -rho county may seek enforcement of this controct,includIng but not limited to
filing in action with a court.of.appropridta jurisdiction. The Provider shall be responsible Well direct
and Indirect costs associated With such enforcement, including atti5mays foosi,
4. The County may debar the Provilder-ficin future County contracting;
S. If, for any reason, the Provider should attempt to Most its obligations under this
Contract through fraud, misrepresentation or material' misstatement, the County shall, whenever
practicable, terminate this Contract by,giving written notice to the provider of such, termination- and
specifying the effective date thereof it least five, (15) days before the 4foctivo data of such tori-ninatfon..
Page 7 of 17 (dB),
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
suchteftKinatibn or cancellation, including atteimsYs fees. Any' Individual or entity who attempts to
meet its contractual obiloaftbris with the county through fraud, misrepresentation or material
misstatement may be disbarred from county contracting for Up to five (5) years;
6. . Any otherrevedy available at'law or equity.
0. The Mayor or the Mayor's designee Is 60116H;ked to terminate this Contract on behalf:
of the County.
0" Ftafl ures or waivers to insist st on strict performance of any covenant,, condition, of
provision of this Contract by the County $hotl not be deemed a waiver of any rights or remedies, nor
shall it relieve the Provider fror'n pdtfdmilng any subsequent obligations strictly in accordance with the
term, of this Contract. W waiver shall be effective unless In Writing and signed by the parties, Such
waiver shall be limited to provisions, of this Contract specifically referred,to therein and shall not be
deemed A waiver I of I I any other, provisions No waiver shall constitute a continuing waiver unless, the
writing ttatdszotherWise.
8, Damages Sustained. Notwithstatiding'th0 above, the Provider shall not be rollovoclof
4iabilky to the County, for damages sustained by the County by virtue of any breach of the, Contract;
and the County may withhold any payments to the Provider until such time as th6, exact, brhouht of
damages due the CdUhty,.is determined., The County may also pursue any I remedies available at law
or equity to compensate for any damages sustained by the breach. the Provider shall be responsible
I I
For 611 direct and indirect costs associated -with such action, including attOffilW9 f6b&
xiv.. TERMINATION BY-EITHER PARTY. Both parties s agree that this Contract may be terminated
by- either party hereto by written notice to the other party,of such intent folerminate b# least thirty (30),
days pribrtoth6effective data of such termination. The Mayor or the Mayor's designee ivauthorized
to terminate this Contract On the behalf of the Count(.
XVI PAI(Mr=NT PROCEOUR58. The County agrees to pay the Provider for: services rendered
under this Agtec$ment'based on payment schedule the line item budget; or b6thj which, are
Indbirporatod,fiardin and attaoft0d hereto as Attachment B, Payment, shall be made in accordance
with written procedures provided by the OGC and if applicablej the, Sharman S. Winn Prompt
Payment Ordinance (Ordinance 54"40),
A, Reimbursement and Advances The parties agree that this is a costboslt Agreement
and that4he Provider shall be paid through reimoursemaht payment based on the budget approved
under this Contradt,(Sao,Attachra6int B) and when documentation of service delivery is provided. An
advance of up tolwenty"five percent (251%) of the total amount payable under this Agreement maybe
Palo to the Provider, if approved In writing by the OGC, An advance of More than twenty-five percent
(25 %) be paid to the Provider if approved in writing by the Mayor or -the Mayor's designee. An
)
advance up to the total amount Payable under this, Agreement may be paid to the Provider in one
Jump sum payment it approved In Writing by the Mayor or the Mayors designee.
The.providers request for admnre+prryment must be submitted in writing and mutt specify thei
r'ea'sons. and justifications for such advance payment. It need not be,accompanied'by "a, detailed
expenditure report. The County shall have the able discretion in choosing whether or T not to provide
any advance payments and is not obligated to do so strider any circumstances.
A Provider shall Ilmifits request for an advance tdonce during the term of this Agreement. If a
Provider needs an additional; advance for good cause A I hewn It shall request it in wrifing from the
Mayor or the Mayor's designee.
Pigs 8 of 17 (CB)
0. No Payment of.Subgqnfractors. Inno event shall County funds be ad I vanced directly y, to
any subcontractor hereunder,
Q
costs, the I Provider shall, submit A 1Mohthly Swrimary of 'Expenditures Report and a Monthly
Performance" Report on forms Provided by the OGC. The OGC Must r0celVethe Monthly Summary of
Expenditures Report and the Report no later than the 15"day; Of the month
following, the month fot, In which services were provided. The, Monthly Summary of Expenditures
Report shall roflecttho;expeftes irldurred by the Provider for the month services were iendered end
,documented In the Monthly P erlemnance Report. Upon submission of satisfactory required monthly
reports, the OGC shall make payment,
The County will not approve payments fdr'lnwkidd or provided by file
Provider on behalf of the project, The OGG shall accept originals of lervolde§, receipts and other
evidence of indebtedness as proof.of qxp an
endIture, documents cannot be produced, the
Vo etiginai'd6cu, _
Provider must Justify their absence In 'Writing and furnish Co
P169 aw,prdot of the
eXpandliturds.
D, Processing the
payment, 'request, the OGG wil
County's sFInanca bopartment,
listed: on page, one (1) of this i
parties agree that the processes
of thirty (30) days from receipt,
responsibility of the 'Provider to
reviews and approves tf6r Payment. After tha OGC I d th
a check, request to the, 'County's rinance :Department. The
a and mail the check, directiv to the Provider at the address
rit, unless otherwise directed by.the Provider In wrltlhg: The
aymailt request from d0te, of sulii-nisSidn shall take a, Minimum
in doeUrientation/Invoicbsiare properly documented. 'It is the
i sufficient financial resources to meet the expenses Incurred
of services and paymentby the Dounly.
Failure to submit monthly reimbursement requests, In a mariner deemed correct and
acceptable-by the County, by the 15'x' day of each month fbiloWiria the. month in which the serVide was
delivered, shall be considered! ia breach of this agreement and may result in termination of this
Agreement
J=, Final Request for.. Paymerit, A final request for payment from the Provider will be
accepted, by the OGG up to folly -flue. (45) days After, the expiration of this Agreement If theProvider
,fails to "comply, all rights to Payment shall be foffelt6& The request for the final payment may Include
accruals ofthe personnel costs listed I In Attachment 8W.hJqh the Ptovlder'lwobllga�ied to pay'after the,
close of , the period for services" I provlded within I thin the term which
F.
the
)On the expiration of this Contract,
no more, than forty-five (45) days
If after receipt of these documents, the DGG diateirmineis that the Provider hat been paid funds,Aot.1n.
accordance with the Contract and to which itis not entitled, the,13f6vidler shall return such funds to the
County or submit appropriate documentation. 'The County shall have the solo discretion in
determining if the Provider is entitled (()!such f,unds,anci the County's ' decision on this matter shall be
blndjng. Additionally, any unexpended at unallocatedfumb shall be recaptured by the County.
G, OGG Contract Management Guidance. All requests fdt payment will be processed,
pursusntfo written linstructl6ris provided by the OGG.
XVI, F,,R0HIE31TED USE OF FUNDS
Page 9 of 17 (08)
A. Adverse Actions: or Proceeding. The Provider shall, not utilize Count I Y, funds to retain
legal counsel for arlyadflon' proceeding " a I or prooee Jn1g, the or any of Its Agents, Instrumentalities,
employees or officlols, Ttio Provider shall not utilize County funds to provide legal f6prOsentalld
gal
advice ortounsal toz any client in any action or proceeding against the County, or any of its agents,
instrumentalities; employees orofficial s.,
B. Reli iousPur asks. County funds: shall not be used for religious purpodot.
C, Comminalinafunds. The Provider shall not commingle funds provided under this
Contracitwith funds received` from any other fundling.sources,
XVII. RECORDS; REPORTS, AUDITS, MoNiTOWNG: 6ND gEVIe
A. Certificate of Co orate 6 atus. The provlder must submit to the OOCI Within thirty (30)
f is
days from the _date wexecu=Zno Contract, A. certificate of status, In the name of thei, provider,
which certifies the�f6floW!ng,"that'the.providor Is organl�od under the laws ofthei,�81ato of Florida; that
till fees, penalties have been paid; tholithe proglid6ra most recent 6hqual report has been filed;
that Its status is active; And that the Otbvidet has not filed an Article of Dissolution.
B., rjoard I of Director Requirements. The Provider shall insure that the Board of Directors,
is apprised of the fiscal, administrative 'and .contractual Obligations Of the project through the
to I only I by passage Of A formal resolution Authorizing execution Of the Contract With the- County.
Failure to provide a copy of 'the, resolution Within IS days Of bkocution of this contract May result In
termination of this Contract:•
C. Proof of Tax Status. The Provider is required to submit to the County the following
documentation: (a) Th61,133. tax exerriptstatus; determination letter; (b) the most recent LR,.$;f6rM
990; (d) the, afthuat submission OVIRS. form 990 within (6) Months after the, Provider's fiscal year
arid; IRS 941 - Quarterly Federal Tax Return Reports withinthidy-five (35) days after the judrtdr
ends and if the 941 reflects a tax liability, proof of payment . must, be submitle&within sixty (60) days
after the quarter ends.
'D. Aecounting,,Records; . The Provider shall keep Accounting records which ,conform With
generally. accepted Accounting principles. .All suchredords"Will be retained by the PAJOcidtfor not lessi
than five (5) years beyond the iemn of this Contract,,
E. Financial at Audit, If the Provider has or IS toqulrqd to hive an annual certified r Public
A6cOUnt,AnV§ opinion and related financial, state Ants, the, Provider Agraes, to provide these,
documents ta the OGC no later than one hundred eighty (180) calendar days following the, end of the
Provider's fiscal year, for each year during which this Contract remdIrs In farce or until all, funds
earned from this Contract have been soputditad,,whlchover is later.
R Access to, Recorft Audit, The County roboNas the right torbciulrd the Providorto
submit to an audit by art h auditor of the.County's choosing. The Provider shall provide Access to Pall of
its records which relate to this Contract at its place of bus ess during regular business hours. The
Provider agrees to provi , do such, assistance as I may be: necessary I ,to facilitate t . hair review or audit by
the County to Insure coMpHonce with. applicable ACCOLIAIII110 and financial standards, The Provider
agrees, to maintain supporting i doctinisintation for all services provided, under this Contract: and shall
submit such supporting docurrientation,to the County upon request,
G. Office' of Miami -Dade County Inspector General. MIAMI-Dado County has established
the Office' of insp6ctor'General which is srhooWbrod to perform random audits on ail County contracts
Page 10 of 17 (03)
'throughout, the duration Of each contract. GMht recipients, are exempt from paying the cost of the
audit Which is normally Y4 of I% of the total contract amount.
The Miami-Dade County. Inspector General is authorized and empowered to review past, pre§ebt tirid
proposed County and Public Health Trust programs, contracts, I 'transactions-, accounts, records and
programs, In , 6ddi0oh,ille Inspect6r0oh6r6l hdifhapower,to, su I bpoopq , wit I negs,09, administer ooft',
require the production of records and monitor Wglinij projects and programs.
Monitoring of an axlsting•project or program may Include areport concerning Whether the project is on
lime, within budget and in compliaricowith plans, sppolfitstions and applicable law,
The Inspector General Is empowered to analyze the necessity of and reasonableness of proposed
qbgrilge, orders t6 the Contract. Tha Inspector General is . empowered to retain the services of
independent privalle, sector inspectors ge,narpil to audit, investigate, nndnIt&, oversee, inspect and'
review opera ton j activities, performance .and procurement process Inducling but not limited to project
design, bid spocifications, proposol subirfiltlafg, activities, Of the Provider, its officers, agents and
drhPloY669, lobbyists, County' staff and elected,, officlaiv to ensure compliance with contract,
specifications and to detect ffOiLld and corruption.
Upon ton (10) days prior written r notice to the Providerr from the Inspector General or Independent
Private Sector Inspector Geri0rali'(08i() retained by theAns0goto' General, the Provider sholi make
all requested records and documents available to the Inspector General or I PSIG for inspection and
copying,
)qneral and IP810 shall have the right to inspect and copy all documents and records
's possession, custody or ' control control which, in the -Inspector General's Or IPSI&S Sole
fln to I pisrfcirtriance of thQ,c0jtactincluding, but Odium lied to original estimate MOO,
�pbsals and Contracts from and With. successful. and Untifi=06:61`dl subcontractors: and
protect - related.. correspo'nde'rc*, memoranda; instructions, financial documents,
cuments, proposal and contract documents, backmcharge documents, all documents
le4inVol�t)A Bashi Trade orvolmtn6,discountsi, insurance ,proceeds, rebates, ordividends
)II and personnel records, and supporting documentation for the aforesaid documents
MR]
The provisions in this section shelf apply to the Provider, its officers, agentsi employees;
subcontractors and suppliers. The Provider shall ;incorporate the provisions in this section in all
tuboontractitirs and 611 other Contracts executed by the Provider in Connection with the performance of
the CbAltaCt,
Nothing In this contract shall, impair any independent right, of the County to conduct audit or
Invoiti6atiVe activities. The provisions of this section are neither Intended nor shall'they be construed
to impose ahv Ilabililty on the County by the Provider or, Ahird parties.
H. independent Private Sector Inspector General Reviews. Pursuant to Mienji-Dade
County 'Admin, Fstr—ative Order -20 the Provider Is aware that the County has the right, to retain the
services of •an independent 'Private Sector Inspector General (11081("); whenever, the County, deems
it appropriate ,todoso. Upon Writiervoolice4rom the County, the to the
IPSIG retained by the County, All requested records and d6cUnlentaflort pertaining to this Contract for
inspection ,,and copying: The, County'shak bdresponsible, for the payment of these IPSIG services,
and under no circumstance shall the Provider's budget and any changes thereto approved by the
ebunt)4 be inclusive of any charges retailing to those 1PSiG,services.
The terms of this provision hereih� apply to the Provider, its officers, agents, employees,
suboonsultants andlassig6eas. Nothing contained ,in this provision shad 1 _ all I M,
p6ir anyindependent right
Page llof,17 (08),
of the County - to conduct an audit or investigate the operafions, activities and performance of the
Provider in connoction.with this Contract. The terms of this Section shall not impose any liability on
the County by the Provider or any third Potty.
1. Progreas. &gg[ta, The Provider shall furnish the 000 with written monthly progro8s,
reports, (Attachment F) on the achievement of its goals as outlined In its Scope, Of Service's. The
reports` . shall explain the Providers progress for that, Mori ft The data should be quantified when
appropriate. Said reports are duo by the 15"' day of the month following the end of each month; The
e
final progresg report shall be due forlyomfive '(46) days after the expiration or termination of this
Agredment,
J. Monitoring: Management Evaluation and Performance 'Review. This section shall
pertain only to Providers Whose funding allocation under this Contract Is more than $10,000 or whose
,funding allocatio n becomes more than $10,000,durling the term of this Gointract.,
The Provider agrees to perfriltdounty personnel to perform random scheduled monitoring; reviews
and evaluatiotis of theprbgratri(t) Which is the subject of this Contract. The OGG shall monitor �fiscali
,administrative, and programmatic; compliance with alt the forniserict conditions of the Contract:
to
The Provider shall permit the OOC to conduct site, visits, client. assessment surveys, and other
techniques deemed reasonably necessary 10 fulfill the Mcifiltoring function, A report of the, OGC's
I Will, be delivered to the Provider and the Provider will rectify all deficiencies; I cited led Within, the
period of time 9pedifled'in the report. If such deficiencies are not corrected within the specified time,
the County may suspend Oayrnents.or terminate this Contract. The OGC shall conduct -one or more
formal management evaluation and performance reviews, of the, Provider. Continuation of this
Contract or future funding is dependent upon satisfactory evolustion conclusions:
K Client. The Provider shall Maintain a separate Individud[ case, rile for each
ollent/fitinily,servedo Records. The
shall Include all pertinent information regarding case activity, At a,
minimum, tho, case file Will contain, referral, and intake Information, treatment plans, and case notes
documenting the dalo$ services; were provided and :the type of service providedo, These tilds, shall be
subject to the audit and Inspection requirements undorArlicle, XVII Sbofldn'r-, G, H, and J of this
Contract,
L, Health Insurance Portability and; AccountabilayA .
Any person of entity that performs of assists: Miami-bede County With a function or 'activity
Involving the use or disclosure of "[PidlViduially Identffl rm
able.health infoation (IIH))" and/or "Protected
Health inrotmattw(my shall comply with , the: Health, Insurance Portability and Accountability Act
(HIPAA) of, 1998 and the � Miami -Dada I do. County Privacy Standards. Administrative Orden HIOAA
mandates4or security loot I Oar' d
privacy, secud and a ron a Iran standards Include but are not limited to
ol,. Use of information ohly,for performing services required by the contract of as required by law;
2; Use of appropriate safeguards to prevent note - permitted disclosures;
3. Reporting to MiamlooDader County of any non - permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and conditions
thatepply to this Provider and reasonable anoranoesIhat, IIHI/PHI Will be hold confidential;
5. MaWind Pry fddt6d Health Information (PH) AVO!Jabl6to the eustomer,,
01 Making PHI available to the client for review and amendment, and incorporating any
amendments requested by the olienk
Z. Making PHI4 available to M16n1l.0aft County for an accounting of disclosures, : and'
6. Making internal practices, books, and fecordt'related to PHI available to Mianil-Dade, County
for complionooAudits,
Pagol2of17 (CB)
PHI, shall maintain its protected status regardless of the form and method of transmission
(paper records drid/of electronic transfer of Me), The Provider must give its -Vents written notice of
i ts privacy. Information practices, including sp de ic6lly; 8 description of the types of uses, and
l
disclosures, that Would, be made With protected health information. Provider most post, and distribute
upon request to servicewo plents, a cop rivacy Practices.
q I' y Of the cou,nlYs Notice of P'
M. Dise9ter Pic!
0180 an Agency Disaster F
a 0060 Plan currently wit
,wlibin. 3,0. days ,of, OxOdutlol
the Plan should describe
emergencies and disaster
Statutes applicable to the
Coutify-i
and must comply with any E
-ovider, The Disaster Plan is
XvIll. 9 %% INITRAG.T6118, AND AssiGNMtNT.t
,A-. Subcontracts. The parties agree that no assignment
In connection with this Contract vAllout the pidlorwriftep-, approval
, I I I
unreasonably withhold, and thtit.all.suibcont(Wors,or assignees sill
conditions Of this Contract.
The PffiVidet, shall submit to the
ir, If the Provider does;not, have
,r) fijm6st submit 'a Go 0 P,Pjan
�dated annually. At, 0 minimum,,
talhs an effective response to
-y Management related, Florida
to review and approval of 'the
) made or,ldf
shall not be
a tormsbn&
B. If thIsCbntract%ir1v6Iv69 the expenditure of $100,000' or' more by the County.and the
Provider Intends to use subcontractors to provide the 'services listed in, the Scope of 'Services
(Attachment' A) or suppliers to supply the motorials, 'the, Provider shall provide the names of the
subcontractors, and suppliers on the 6miattachad as Attachment Provider agrees that It will not
change or substitute subcontractors or suppliers: from 'those listed in Aft6blirnerit G without prior
WrIflervapproval of the County.
1), if the Provider will cause any 1part of !his Agreement to be performed by a
subcontractor, the provisions of this Agreement Will apply 'to. such
Subd6rititotor and lit's officers.- agents and employees In all. respects as if It and
they Were eniploye6s of the Provider; and .the, Provider' Will not be in any
mannertheraby discharged,"Oom, its obligations and liabilities. hereundeributwill,
be liable hereunder for all acls,and, negligence of the 8 1 U-0contractori its officers,
at if performed directly by the Provider.
2) The Provider, before making any subcontract for an portion I the services~ will
y ice
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 Subcontracibri and such other Information as the County may
require, The County will'have the right to require the Provider not topward. any
subcontract to a person, firm, or-corpore0dri'disa0pr9ved by the county.,
3) Before, entering into any,861566hiract her6unddr, the Provider Will informs Vie:
Subcontractor fully and completely of all provisions and requirements of iihis
Agreement refacing either directly or indirectly to the ter.vi.ces fo be performed,
such services performed by such Subpontractor will strictly comply with the
requirements of this Agreement,
4) in order to quallf Y tit) t
ry as a,8ubc.ontractbr satisfactory to the county, 1 addition; o
,the other requirementshierall). provided,, the Subcontractor must be preparod to
Page lsol'17 (00)
prove to the satislsction of the County that it has the necessary facilities; skill
and b erience, and amply financial resources to perform the 'Services i in a
satisfactory manner. To be considered skilled and experienced, the
Subcontractor must show fok the satisfaction of the County, that it has
satisfactorily performed services of the same general type which is, required to
be performed'under this Agreement.
9) The County shall' have the right to wlfhdraw its consent to a subcontract if it
appears to ine County that the swticontract, will 'delay; prevent, ar cffterwfser
impair tne: performance of the Contractor's obligations under this Agreement.
Ail Subcontractors are required to pro #ec #the confidentiality of the County's and
County`s proprietary and cohfideritial informatfoh. Provider shall furnish to the
Coaniyr copies of a(I subcontracts betwreen Provider and Subcontractors and
suppliers hereunder, Uitithin -each suct7"subcontract, there shall be a: clause for
the benefit of the Cou »ty permitting' the` County to request completion of
performance by the Subcontractor of its obligations under the subcontracf,, in'
the event'tha` County finds the Contractor in breael of its obligation;, the option
to pay the.5'ubcontractor dfrecfly for the performance by such subcontracoon,
NoWthstending, the foregoing shall nei}tter convey nor inipiy any of lt�ation or
ilabllfty on the part of the County to ariy sul�coniractor hereunder a "s Wrote fully
described herein.
C. Prompt Payments to Subconti
subcontractors that are small businesses'(anr
place of business in Miami -Dade County) and
address disputed payments, Pursuant to the C
(Ordinance 94 -40),, Section 2 -8:1.4 of the Code
and the Florida Prompt Payment Act, payment
proper invoice, Failure to issue prompt payr
dispute resolutio» procedures may be ground
disbarment.
ictors. The Provider, shall issue prompt:payments to
lal Moss sales of $790;000 or, lase with its principal
;hall have a dispute resolution procedure In';piace`to
urity's SherMan S. Winn Prompt Payment Ordinance
f Miaml -Dade County, Administrative Order No. 3AO"
.must be made within thirty, (30) days of receipt of a
.nts to small business subcontractors or adhere • to
for suspension or termination of this Agreement or
XIX: LOCAL, STATE, AND FEDERAL COMPLiANCE REQUIREMENTS
Provider agrees to comply, subject to applicable professional, standards, with the provisions of
any and Off applicable Federal, state end the County orders, statutes, ordinances, ther rules and
regulations which may pertain to the Services" required under this Agreement, including but not limited
tc:
a) Miami -Dade County Florida, Department of Busiriess "Development Participation.
Provisions, as applicable to this Agreement
b) Miami -Dade County Code, Chapter 11A, ArUble "3. All Providers and subcontractors
performing work in connection with this.Agreenten# shall,provide equal opportunity for
employment (and' services); because, of race, rbligion, color, age, sex, national origins
sexuaj preference, disability or marital status.: The aforesaid' provision shall include;
but not, be limited to, the following:, employment, upgrading, demotion or transfer,,
recruitment advertising; ►a mon rates of pay or other forms of
compensation;. 'and selection for training, fncluding apprenticeship. The Provider
agrees toi post in a conspicuous place available for employees and applicants for
employment, such notices as may be required by the bade County Faft Housing and
1= ntpi0yment mmissfon, or other authority having jurisdiction over the work setting
forth the provisions of the nondiscrimination law.
Page 14 of 17 (CS)
c) "Corif I lIctsof,IihtaiasV'Saction'2-11 oftbo County Code and Ordinance 01 -199.
d) Miami -Dade County Code Section 1'0-3&"Debarment".
6) Miami-Dade County Ordinance, 99-53 codified at 1,1A-60at seq. of Miemi-Dade Code
pertainlog to complying with the County's Domestic Leave Ordinance.
'0 Miaml-Dade Cbtffity: Otdintinbe 99-152, prohibiting the,presentation, rVidintonanco, or
,prosecution 0:16188 or fraudulent oldims against MiarnkMIde County.
Notwithstanding any other ptovigion Of this Agreement, provider shall not be required pursuant to this
Agreement to take' any action dr abstairtfrorn taking any actloh, if such action or abstenfion would, In
the good faith determination of. the Contractors constitutee a violation of any law or regulation to which
Contractor 'is subject, including but not; limited to, 1"s and regulations, 'requiring i that Contractor
conduct its operations in"asafe and sound manner.
XXi MISCEEILLANEQUg,
A. Qufof Town Travel: Costs for ouW-town travel are allowable, -If' they ata� Useful for
the administering of prugrarn activities; All travel must be approved by DGG two Weeks prior to data
travel Is to be4alkom
B. Patty Cash Community Based organizations who establish ,a patty cash fund must
maintain detailed 'upport documentation.
0, Publid P, It 19 understood Arid agreed b6tWeah the parties hereto that this Provider Is
funded 'by Mlathf-Dade County Further,, by, the accepter nce of these funds,, the Provider agrees: that
events funded by this Contract shall recognize the. County as's funding; source; The Provider shall
ensure that all publicity, public relations, advertisements: and, signs recognizes the County for the
support of all contracted activities,
This ls1o, Include, but is not liffilted to, all posted signs, pamfbhlsfs; well plaques, cornerstones,
ded,looilons,. n6flicis, 11yers:,, brochurb6i h6vitsialess0a, rhedia, packages, promotions;. and ate I fionery,,
The Provider shall submit garriple or mock-up of such publicity or materials to the Obb iorroVieW and
approval poor to using such materials. the use of the official County logo is permissible I I for the,
expressed purposes listed herein. The Provider shall ensure that all media representatives, when
inquiring about the activities funded by this contract, are Informed that the County is its funding
source.
,D: Contract Guidelines, This. Contract Is made In the State of Floods and shall be
rn
goveed according to the laws of the State of Florida. Proper venue for this ,C , onfract shall be Miami-
Bade County,. Florida.
E. Modifications . and Change. Orders., Any alterations; variations, r0dificatiM6,
a5derislons or waivers of provisions of this Contract Including but not limited to 8rnauhtpaydbib and
effective term shall only be, valid when they have been, reduced to Writing, duly approved and signed
by both parties and Woehadto the original of this Contract
The County and Provider mutually agree that modificationi of the Scope of 8orvicas, •schedule
ofpsyments, billing,and cash payment procedures, ,tbttorthher�)ih and other .sudwroVislons maybe
negotiated as a writ , ten amendment to this Contract between the parties.
Pagel5 of 17 t;01[3)
The Mayor or the Mayors; designee is aUthorlzW to make modifications to this Contract as
described herein on behalf of the County,.
The Office of zthe In
spintor General s4611, have the power to anal yzethe need for, and the
reasonableness of proposed change ordeM
R Counterparts:: This Contract is signed in five. .6 counterparts; and each counterpar(
shelf constitute an original of MIsContract,
Headings. 'Use, of Singular and , ,130hd . Riragrtiph headings are for convenience only
aril are ml ihit6inded1c, expand 6r1' restrict tho, scope of substance of the provisions W this . Contract.
wherever used, herein, the singular shall Include the plural ! and plural $hall include the singular, and
prbriouns,shall be read Mmasculine, fornin6e,or neuter as the context require&
H. Totality of-"ObarecuseverA of Provisions. This seventeen "(17) page Contract with
Lilt
it recitals on the first page Of the Contract and with athichrrionts as referenced below contain ail the
terms and conditions agreed upon by thepartibs:
AttachmentA:
Attachment B:
Attachment Q
Attachment D:
Attachme
Attachment F:
Attachment G:
Attachment H.,
Att6fthe n't 1:
services
OGC)
Authorized Sigriature-Forrd
Acknowledgement Form i(if "applicabIO)
No other0ontrart,.oml or otherwise, regarding the suh)bot.matterof this Contract shall be deemed to
exist I I or bind any of the pa riles' fierb.16. If any ptovl8jon, of this Contract is held Invalid, or Void,, the
remainder of this Contract shall not be :affected thereby if such remainder would then, continue to
conform to the terms and requirements of applicable Jaw.
Page 16 of 1 , � leg)
Control # Control # 9- SMIA -HH -CB
IN WITNESS WHEREOF, the parties have executed this Contract effective as of the contract date
herein above set forth.
CITY OF SOUTH MIAMI
By:
Name:
Title:
Date:
Attest:
*Arized Person OR
blic
Print Name: c-)Q n2
Title:
Corporate Seal OR Notary Seal /Stamp:
NKENOAA,PAYNE
"4 MY CMM SION N DD 714025
ev: _A
y-,.i;. MPME& Octobers, 2011
� ;6'n' Pondad Thru Nalary PWM undsMmtera
MIAMI -DADE COUNTY
By' / !lt' k;, ��l
Name:
:Rue:
Date:
Attest: HARVEY RUVIN, Clerk
Board of County Commissioners
Print Name:��
Page 17 of 17 (CB)
ATTACHMENT A
CONTRACTS AND GRANT MANAGEMENT
SC6PE.OF"8ERVJCE NARRATIVE.
(Complete a separate formi for every' allocation idehfif! , ad in your organization's' award letter)
,SECTION 1- d3EWERAL INFORMATION.
Wnndriof Organization; City Of South Miami
,Address-.. Q180. Sunset Drive .South Miami. FL30143
Program Contact POsonk Cesar Garcia
Phone Number 805-666-7231 Fax Number,, 305-668-7_388
Fiscal Contedt Porsom Ana Ldtzahal
Phone Number; , 306-660-0112 Pax Number: 305- 667A788
E -mail Address; Alarzabal@cItyofsouthmarnimet
ContrebtAmount X78,400.00 —CbntractParlbd: October 1.2008 — September 30. 2009
SECTION It:: VROGRAM.NARRATIVE
bescriptive Program, Name- South Miami Senior Meals
Descri4e the progrAM end services and how program funding will,be used.,
ATTACHMMYA
SECTION PPOFILE OF SERVICES
Annual workload measures (for each type of service tqbe provided I including the number of clients to
be served, in the program) (j,e., $ hours of after school care;for twenty -five (25) children 600s 5 —1'0,
one home delivered 6461 for 60 90016M e veryday( 110,2BOMO' 1:
unit cost peflho the unit($) of service and detail the unit cost($) for the service')':
Location of Service'81te(g) 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 Mtel):
Mir, program objectives.
of children attending
ads as measured by
pre and, post-tesling during the - contract yearl)S
SECTION V, ORGANIZATIMAL St7PPORT.A011VITIES
Describe -how your ftanizatich Will do Outreach and,pubrilc awareness of program actIVIVIO&
1,6f3
ATTACHMENT A
SECTION VI: PERSONNEL
I understand that while this information represents a performance projection, I must receive approval
from Miami -Dade Office of Grants Coordination prior to any operational or performance variations.
Grants Writer &Admin. Carol Aubrun Grants Writer & Admin
Signature and Title of Person Completing Form Print Name and Title
3 of
Q '✓
i1
to pp "
0
?1- "i
B.
r
O
N �
�,
N. �'
b
m
x
M'
P1
city Of South Miami
senior Weekend Meals Program with
Miami-Dade County
6dober 1,'2008 -- Sopfetnbor 80, 2000
DIRECT COSTS
0 Ih DI 10 'oed 8 "0*00
er rao 66ts F
his "no 0"will o0vor the woolem:l Senior Meals for up to BO seniors in the Sou#Ir
Miami Senior Center. Each senior will rooelve two (2j meals oath weekend 'delivered to
their door step. seniors x 2 meals per week
'280 meals to 6 1, The cost per meal Is estimated
yean
Page 1 of 1
SCOPE OF SERVICE NARRATIVE,
(Complata,a separate form for every allocation Wenfifidd In your organimarion's, award letter)
SECTION I.' GENERAL INFORMATION
Name of Organizailow, City of South Miami—
Address' 6130 Sunset brive, South Miami FL 33143
Ptogram'Contact Person; Cesar Garcia
Phone Number, 305 - 558 - 723.7 Fax N umber; 8056684888
E -mail Address! goarcitiO-6it-VAf56UtKbIlaM'I.het
Fiscal donfact,Person; Worrell Troup
Rhone hone Number: 305-68812232 Fax Nurnb0r:.. 305-658-7388
E-mall Aftem, Wtrbup0cltyofgoutftMiai-nl;nqt ..........
Contract Amount 0820.0 . . ...... — Contract Period:,October. 1� 2008 - September 80i 2000,
SECTION R. PRQG98M NARRATIVE
Descriptive Program Name; The After School .House (TUWdn9) . . ......
describe the program, and services and how program funding WJII be used:
ATTACHMENT A
,stC.T_10N,111: SCRVIVRs
Annual workload measures (for each typo, of service to, be provided including . the number of clients to
be served In the program) [Le, 3 hours of after sthool care for twenty-five (2 , 5 children ages 5 —10,
lore ,'home delivered meal for 50 senior's every day (18,250
Unit Cost (Define the unit(s) of service and detail the Unit cost(s) for the 80tviod),
Location of Service ,SRfe(s)and Hours of Service ptaach Site: (List 811 sites Including the PhOlcal
street address, With zip dodos and the hours of operation for each site),
(Define measurable .Ahd specific program objectives,
.)n of each objactivd [Ld,,75% of children attending
wading score by a full letter grade As measured by
the
PMTIONV' ORGANIZATIONAL SUPPORT A IvIlip-S
2 qf3
ATTACHMENT A
SECTION VI: PERSONNEL
I understand that while this information represents a performance projection, I must receive approval
from Miami -Dade Office of Grants Coordination prior to any operational or performance variations.
Grants Writer &Admin.
Signature and Title of Person Completing Form
3 of 3
Carol Aubrun Grants Writer & Admin
Print Name and Title
I
I
City of South Mi I -Ifni
After School House Pttigraffi V40
Miami-Dade County
October 1,'2005 — Stptomber,80, 2009
DIRECT COSTS
Personnel: 6alpfU109
These line items represent the salaries of three 48) part time t0Aoh0rs/lns*00tbrS,
Those, taoc I he . ral , Ins I truotoravill dedicate 60% oftheir time to students enrolled in the:
he ' in 4 djerz �vjlf provide, tutoring an
After School House Ptofjram.. -meae, tea.0 rall stru , .0
homework' assistance for children Grant, tUnds, ore, boing,'
chased 60 %a of those participating The teachers are per't-time employees and do
1. .--- g "-,. -- ,
a#ortlon of the cost of snacks for the Afteel3chool House Pr6grAIIi
Lf School Breakfast during our Saturday FCAT Academy Sessions.
Page: I of 1
MiAM•ikut OuNry,
OFPICZOF ORANtS COGFIDWAITON
MOMLYMIMMARY OF EXPENDITURESA01idAt
AWARD, INIFORNIAT16,N (complete aft sectl6n's 110ted,With
gooney Nama " ^,. pwait,Ntimuto PA POPULATE
ToW Avlaid Ambullh PPX-PbPULATE
Plifoo: actobarl. 2ggg - geptotr"r, 3o 2oo8
corteetpamoti.;
dMillonco No: PPXPOPULATE
lQu Not PIWOOPULAt9
Today's mb—t
SUDG]ETED.AM011INT I MONTHLY ACTUAL EXPENUTUOCIAMWNT
00rattrii; fixpenoes for (Immonth of
DIMTOIJETS,
Po0on
rffhjjwo;
posl6h
Fill)Ues
poil#6,n
Itrinaps
potimoh
F606
Travol
stipplies
9qufpment
Contract"al servktt
Offt6f,01matCooto
OtWroliactoosis
Other Dir,ociCasts
INDIRECT COSrs.
PosIgon
Forigis
Posw;n
FrInum
Page 1 012
AUTH0POZATION:.
1 heteWoortify+'91el lhisoxpoAOfopotdsatbmlOdby1ho aanderdlpnNdcorrSfeiaes epprowdtnWpur bkpgases ;igitnp lno nnod listod'cabovec
DATE.
RRINT -NAME .
pBINTRITbE
SIGNATURE
eouniy/o®µa Mont Uaa only
C.D. TBO ..
EHEI
All]
NRO
[OTHER`.
,._
BS Fl-
pOTTHHER
B8G[
KK
ANQ
AOBNCY NAME
MONTH Q OCT, 2000,
❑ JAN, 2409
(] JAN,;i t
JAN, 200;1.
❑`NOV', 2909.
Cj FEa; 2909
[3 FEB, 20M
El F40,.2009
0 0, 200$-
[] MAR, 2000
❑ MAR, 2009
11 MAR, 2000
RECEIVED BY
TC
UGC1:- DTHER:
'MDR_: El OTHER ..
NNQ .. ❑ O.TMER _
pe0e2 ot2
Miami -Dade County
VENDOR AFFIDAVITS FORM
MIANIMM (Uniform County Affidavits)
mo MW
Department of Procurement Management
Vendor Assistance Unit
111 NW 1" Street, Suite 1300, Miami, Florida 33128 -1974
Telephone: 305- 375 -5773 Fax No: 305 -375 -5409
w miamidade.00vfdn_m_
Complete the Vendor Affidavits Form to update affidavits previously submitted with the
Vendor Registration Package. it is the Vendor's responsibifily, to keep all atfldavit
information current, complete and accurate, by submftttng any modifications to the
Department of Procurement Management, Vendor Assistance Unit.
CI
t-Vdmi
arrears. or C
FEDERAL EMPLOYER
IDENTIFICATION NUMBER (FEIN)
in order to establish a file for your firm, you must
enter your Arm's FEIN or if none, the owner's Social
Security Number. This number becomes your "County
Vendor Runaber'S
Please enter your Federal Employee identification
Number (FEIN) QC your Social Security Number
(SSN).
❑ S.S.N.
Ding Business As (If same as above, leave blank)
30
X01 Sc�nSe solx h ✓Ylti2/7'7f' , �G- 331 .3
Street Address (Post Office addresses are not acceptable)
1. MIAMI -DADE COUNTY OWNERSHfP DISCLOSURE AFFIDAVIT
(Sec 2 -8.1 of the Miami -Dade County Code)
o. Firms registered to do business with Miami -Dade County must fully disclose their legal name, physical address and ownership. Publicly
traded Corporations are exempt from this requirement, but must indicate by letter that N is a Publicly Traded Corporation and
Include the name of the stock exchange market and symbol where registered.
If the contract or business transaction Is with a corporation, the full legal name and business address shall be provided for each
officer and director and each stockholder who holds directly or Indirectly five percent (5 0/6) or more of the corporation's stock. if the
contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. (Post Office addresses are not acceptable). (Duplicate page if needed for additional names).
If on officer, director or stockholder owns (5%) or more of stock, please write "None" below.
FULL LEGAL NAME TULE ADDRESS OWNERSHIP
OF
OWNERSN®
b. Provide the full legal names and business addresses of any other individuals (other than subcontractors, material men, suppliers,
laborers, or lenders) that have, or will have, any Interest (legal, equitable beneficial or otherwise) in the contract or business
transaction with Miami Dade County (Post Office addresses are not acceptable). R "None'; please it t6i cate in space below.
�1114- FULL LEGAL NAME TITLE ADDRESS %
OWMERS RtiHP
4/23/2008
2. MIAMI- DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ordinance No. 90 -133, amending Section 2.8- 1(d)(2) of the Miami -Dade County Code)
The following information is for compliance with all items In the aforementioned Section:
i. Does your firm have a collective bargaining agreement with its /
employees? Yes i� No
2. Does your flan provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender:
White Black Hispanic Other
Males Males Males O;V. Mates
Females jU Females (� Females �-7 Females
MyWNals ackrowtedge dwt f hwe reed fhe afaremenlfonedrequlremeMs ad & enBty is b can/imce.
3. MIAMI -DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE CERi7RCAIION
(Section 2.8.1.2(b) of the Miami - Dade County Code)
All persons and entities that contract with Miami -Dade County are required to certify that they will maintain a drug -tree workplace and such
persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace.
In compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, the above named firm is providing a drug -free workplace. A
written statement to each employee shall inform the employee about:
1. Danger of drug abuse in the workplace
2. The firms' policy of maintaining a drug -free environment at all workplaces
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be Imposed upon employees for drug abuse violations
The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug -
free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such
conviction and impose appropriate personnel action against the employee up to and Including termination. Firms may also comply with the
County's Drug Free Workplace Certification where a person or entity is required to have a drug -free workplace policy by another local, state or
federal agency, or maintains such a policy of its own accord and such policy meets the intent of this ordinance.
Mylardakack,awkdge that throe read the daen:eeNonedrequiremenk and Me eagy Is In compliance. q•'"'i
4. MIAMI -DADE COUNTY DISABILITY AND NONDISCRIMINATION AFFIDAVIT
(Article 1, Section 2 -8.1.5 Resolution R182 -00 Amending R- 385 -95 of the Miami -Dade County Code)
Firms transacting business with Miami -Dade County shall provide an affidavit indicating compliance with all requirements of the Americans with
Disabilities Act (A.D.A.).
1, state that this fimt, is In compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor shall
comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to employment, provision of programs
and services, transportation, communications, access to facilifies, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L 101-336,104 Stat 327,42 U.S.C. Sections 225 and 611 including Titles 1, II, III, IV and
V.
The Rehabilitation Act of 1973,29 U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.G. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631
f - hereby affirm fbof t am in compliance with the below sed ions:
Section 2- 10.4(4)(a) of the Code of Miami -Dade County (Ordinance No. 82 -37), which requires that aft properly licensed architectural,
engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami -Dade County.
Section 2- 8.1.5 of the Code of Miami -Dade County, which requires that firms that have annual gross revenues in excess of five (5) million dollars
have an affirmative action plan and procurement policy on file with Miami -Dade County. firms that have a Board of Directors that are
representative of the population make -up of the notion may be exempt.
MyhdNak adingwie4a that l have read the akremedfoned requhemer* and the eaft IS In coni)ftwe 1�
4/23/2008
5. MIAM-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Section 10.38 of the Miami -Dade County Code)
,Firms wishing to do business with Miami -Dade County must certify that its contractors, subcontractors, officers, principals, stockholders, or affiliates
are not debarred by the County before submitting a bid.
I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -Dade County.
MytoWdracknowledge Nat 7 have reed the akrementioned rewiremenh anted the entify is In compkmxe. Pq
6. MIAMi -DADE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT
(Section 2 -8.1 of the Miami -Dade County Code).
Firms wishing to transact business with Miami -Dade County must certify that all delinquent and currently due fees, taxes and parking tickets have
been paid and no Individual or entity In arrears in any payment under a contract, promissory note or other document with the County shall be
allowed to receive any new business.
1, confirm that all delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes, convention and tourist
development taxes, utility taxes, and Local Business Tax Receipt collected In the normal course by the Miami -Dade County Tax Collector and
County issued parking tickets for vehicles registered In the name of the above firm, have been paid.
I further affirm that this firm complies with Section 2 -8.1, which requires that no individual or entity that is in arrears in any payment under a
contract, promissory note or other document with the County shall be allowed to receive any new business.
MylaBiah acknowledge that [hove read the a(oremenlioned reghgrenank and Poe enNyh In compgonce. r —�
7. MiAMi -DADS COUNTY CODE OF BUSINESS ETN/CS AFFIDAVIT
(Article 1, Section 2 -8.1O and 2- 11(6)(1) of the h4ami -Dade County Code through (6) and (9) of the County Code and County Ordinance No 00 -1
amending Section 2 -11.7 (c) of the County Code)
Firms wishing to transact business with Miami -Dade County must certify that it has adopted a Code that complies with the requirements of Section
2 -8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum;
require the contractor to comply with all applicable governmental rules and regulations.
i confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2 -8.1 of the County Code, and that
such code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comply
with all applicable governmental rules and regulators.
MykiNok acknowledge Nall hove read the ofareoredionedrerruiremenh and the eaft i, in conVgonce OW
8. MIAMI -DAVE COUNTY FAMILY LEAVE AFFIDAVIT
(Article V of Chapter 11, of the Miami -Dade County Code)
Firms contracting business with Miaml -Dade County, which have more than fifty (50) employees for each working day during each of twenty (20)
or more work weeks in the current or preceding calendar year, are required to certify that they provide family leave to their employees.
Firms with less than the number of employees Indicated above are exempt from this requirement, but must indicate by letter (signed by an
authorized agent) that it does no have the minimum number of employees required by the County Code.
I confirm that if applicable, this firm compiles with Article V of Chapter It of the County Code, Which requires that firms contracting business with
Miami -Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks In the
current or preceding calendar year are required to certify that they provide family leave to their employees.
Mykdgak ocknowledge that I have read the akrenwWaned requkements and the entity k in compkohce. ke
9. MIAMi -DADE COUNTY LIVING WAGE AFFIDAVIT
(Section 2 -8.9 of the Miami -Dade County Coke)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the
County Code.
I confirm that if applicable, this firm compiles with Section 2 -8.9 of the County Code, which requires that all applicable employers entering a
contract with Miami -Dade County shall pay the prevailing living wage required by the section of the County Code.
My ho" acknowledge that I have read the oforementlonedrequkemenh and the enfiy Is in compgmhce.
4/23/2009
10. MIAMI -DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Article 8, Section 1 1 A -60 - 11 A -67 of the Miami -Dade County Code)
Firms wishing to transact business with Miami -Dade County must certify that it is in compliance with the Domestic Leave Ordinance.
I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have, in the regular
course of business, fifty (50) or more employees working in Miami -Dade County for each working day during the current or preceding calendar
year.
My Mail, acknowledge 1W I,have read the aforemmffored requkemank end the enffly is to compliance.
I, being duly sworn, do attest under penalty of perjury that the entity is in compliance with all requirements outlined in the Miami -Dade County
Vendor Affidavits 1 — 10, pages 5 through 8 of this Vendor Registration Package.
I also attest that I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the
Miami -Dade County, Vendor Assists, an`Unit, immediately if any of the statements attested hereto are no longer valid.
(Signature am) {Dora)
NOTARY PUBLIC INFORMATION
Notary Public — State of: l -0 1) 4'
5tale
County of
�YtDl SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
�Q t-�' so t7�1
by , A i �� ! 0. +-� oG un He ar she is personally kae. to me Or has produced ide rtiFlcaficm ❑
Type of Identification
�
PrPrtnl or mp of NdtorY Public
4/23/2”
S 've a`a .......
MY COMMISSION #DD2011.
EXPIRES: October 5, 2011
+q P.AA'�.yfldEWHArR
X(XN(ail0 Qf}' B r,Ar(;O\�� -I`I t'Y�rB'e�ti „S „ -1
_ r■
i�IR:I,TiI"El �
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
This sworn statement is submitted to R /ko", -bR,22,
for
C, 'N or SoLCM ml'ami
(Print Name of entity submitting sworn statement)
�v� arnc "�
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is 5W' 'ODE'* `f8!
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. 1 understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transactions of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited
to, any bid or contract for goods or services to be provided to public entity or agency or
political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
4. 1 understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes,
means:
A. A predecessor or successor of a person convicted of a public entity crime; or
B. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime
The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a
1 of 2
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States within the legal power to enter into a binding contact and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this swom statement (Please indicate which statement
applies.)
X Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. However, there has been
a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR
THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT
IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
(Signature)
Sworn to and subscribed before me this �� day of la&i9cl- ,
20 a` . Personally known ✓
OR Produced Identification Notary Public- State of 10 "
My commission expires 2bl
(Type of Identification) A
(Printed
Z pf'y "4' "- MY COMMISSION'! DO 714025
�`
EXPIRES: October 5,2011
;s;
,:e,,, «C Bonded Thm Nary Public UntlerelNers
5774W.131 �k
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97 -104)
C4 5rcx.!`M 41 m r' �t � 4 ire
Name of Organization: _� a Address: e11«¢6a�;1 G 330 V3
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
sub
b
l/t� "or- olle4 >
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization
must submit a list of suppliers who will supply materials for the Scope of Services to the
Community Based Organization, if this Contract Agreement is $100,000 or more.
The Community Based Organization must fill out this information. If the Community Based
Organization will not use suppliers, the Community Based Organization must state "No
suppliers will be used ", do not state "N /A ".
NAME OF SUPPLIER ADDRESS CITY AND STATE
sub co,,k ckr wlll .axe 4. eA
00, " oY ove4-
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title: 2,lu Pa-n l- Date:_ /•2�aa���
Firm Name Sau f't i�lCZr 3y� Fed. ID 5No 9 &600 -���
Address: ( D SkAsd CitylStatelZip: c 1 A%lcQ�+if 330ce
Telephone: (3ea& a -&B-39 Fax. (Z!5) 6G 3 - 6 E- mail: D EL ou terra -A2/
Page i of 1
Office of the City Manager
AUTHORIZED SIGNATURE FORM
DATE: 12/17/2008
This form certifies the names, titles and signatures of individuals authorized by the service provider's by- laws or board
resolution to sign contracts, checks, budget revision requests, payment requests, and any other requests that are required by the
Office of Grants Coordination for disbursement of funds. These signature authorizations are retained by the Office of Grants
Coordination for auditing purposes. Service Providers are required to submit updates to this list as they become necessary.
NAME (please type) TITLE (please type) SIGNATURE
I. Prime Contracts and Subcontracts a
Mr. W. Ajibola Balogun City Manager
11. Checks (List amount limits)
Mr. W. Ajibola Balogun
Mrs, Matilde Menedez
Mrs. Maria Menedez
III. Budget Revision Requests
Mr. W. Ajibola Balogun
Mrs. Matilde Menedez
IV. Payment Requests
Mr. W. Ajibola Balogun
Mrs. Matilde Menedez
City Manager
Finance Director
City Clerk
City Manager
Finance Director
City Manager
Finance Director
South Miami
All-America City
I 011!
1
�IU�% NOR
6130 Sunset Drive South Miami, Florida 33143 -5093 • Tel: (305) 663 -6338 • Fax: (305) 663 -6345
www.cityofsouthmiami.net
Attachment 1
ACKNOWLEDGMENT FORM
The undersigned, as the duly authorized signatory for the Provider, by
signing the Acknowledgment Form acknowledges and agrees that the County is
only responsible for a percentage of the maximum amount payable based on the
Provider's already determined Performance Grade of _A_. Further, the
Provider acknowledges that the maximum amount payable will only be due, if at
all, when the County in its sole discretion determines that the Provider has
successfully satisfied all of the terms and conditions of the corrective action plan
issued by the County for each service program within six (6) months from
October 1, 2008.
CITY OF SOUTH MIAMI
By:
Name:
Title:
Date:
Attest:
Au 'zed Person OR
Note Public
Print Name: t*�i; — Title: E
Corporate Seal OR Notary Seal /Stamp:
>a'y`.'�oy�e,
NKENGAAPAYNE
MY COMMISSION � DD714025
_,; „
7'•'�: 'o°�'
�AFtn",
Bonded I'M NOWYP bnc Udewfhers
Attachment 1
ACKNOWLEDGMENTFORM
The undersigned, as the duly authorized signatory for the Provider, by
signing the Acknowledgment Form acknowledges and agrees that the County is
only responsible for a percentage of the maximum amount payable based on the
Provider's already determined Performance Grade of C . Further, the
Provider acknowledges that the maximum amount payable will only be due, if at
all, when the County in its sole discretion determines that the Provider has
successfully satisfied all of the terms and conditions of the corrective action plan
issued by the County for each service program within six (6) months from
October 1, 2008.
CITY OF SOUTH MIAMI
By: W •--"
Name: Vv; Ati�}��Gi
Title:
Date:
Attest:
Au -zed Person OR
Not Public
Print Name:
Title:
oy� ;dy;�,,,
*iAR ' ;
NKENGAA,PAYNE,
MY COMMISSION N DO 714025
EXPIRES: WOW 5, 2011
Corporate Seal OR Notary Seal /Stamp:
a `'
9ondad Thm Notary PUnYro Unaen nce
RMLOTION,140J
A RESOLUTION, OF THE MAYOR AND CITY COMMISSION OF THELCITY OF SOUTH
FLORIDA, AUTORIZING THE CITY MANAGER TO EXECUTE A GRANT AMEN,DMEN'
DAW� COUNTY BY AND THROUGH 11-9, blrPMTMI�NT OF HUMAN8159VICES FOR
O
AM I LINT OF $72,000:00 FOR THE AFTER SCHOOL
FrtRSCHOOL HOUSE'&Pk0bRAMMING ANIC SERVICES; tS4 PROVIDING FOR A N E FFE CTIVE
DATE
WHEREAS the Mayor and City Commission wishes to continue to accept the grant from the
Miami -Dade County through its D6pa'ifment of , Human Services; and
WHEREAS,,, the Amendment will continue the giant for the After School House's programming
and tutoring setAce's,
NOW, � THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: 'the Mayor and City Commission authorizes the City Manager to execute a gaht
amendment with the MiAml-Dade County by and through its Department of Human Services
Section 2: The attached Amendment is made apart of the resolution.
PASSED AND ADOPTED this = day of 02-44,4,—,2007.
F Fop,
MIA
READ AND APPROVED AS TO
File Ngrnb b1nd Path
COMMISSION VOTE". 5-0
Maydr.17611d: Y' a
Vice MayorWsc.ombe: Yea:
Commissioner Palmer. yeia
Commissioner Blitts', -kea
comrntdsionot Beckmah. " Yea'
CONTROL 01�,S0607-24
AAUNDAMNT#1
T01006-2007 CONTRACT BETWEEN
MIAM-DADE'COUNTY
AND
City ots'outh MiaMI
"ounty by and through its DejPaitibeatt of Human Services located at 2525'
i-) --
loos Miami Florida 33.14-1 (hereinafter called: "the COM ty and City of
At Florida ee 0�130m0f �Dl)rlve, � �U
�tfi Mar�na 33143 (hereinafter. Called "the
Tit is I
e 200 7 to d the Agreement,
Oil this
Betweeu, the County and Provider (hereinafter Called "the
TeeMenf-?) and
flierefore,m9kes the following,rbritaM
WBEPXM, the County and the Provider entered,into the Agreement for the provision of
So'cialffluman services; and
WfWREAS, the Agreement allows for amendment by written consent of the, County and
the•Provideri
NOW, TIMMORE, tin consideration of the mutual covenants recorded, herein and
made part oftbis Amendment, the County and the Provider agree to the Amendment- as f6flows:
L ATTACH&UNT A, Scope of Services, of the original agreement shall. be
stricken in its entirety and replaced in its entirety with Attachment A of this
Amendment, which has been designated AffadhinentA, Amendment #1
IL ATTACHMENT B. Budget, of the original Agrectnerit'shall 'be, stricken in its
entirety andxepldcod in its entirety With Attachment I B I of thiSlAmendmeni, which
has been designated Attachment B, Amendment 91,
M. MVGT.YVE, TERM, Both partiesk agree, that the eMdlvb term Of this
A be from irainguy 1. 1�07 -0,
givement shall b 200
IV. APAO"T PAStABY E is amended to read:
Subject fo available xfunds, the, maximum amount payable for ser vi, p1pn ore
under this A, rose e
gte6,jjjbnt afiallnot 6 $72 060 of which $59 r I'll - 11
ep
FY 07-0g award. Oojb� parties agree that shculd Available County lun be
reduced, the Amount payable under this Agre6ifica .may be pioportionately
redu 010,
ced atfho option of the County.
lop
FY 2006-2007
Pfovid-a,Amendmoni #1
V.1 if any 000ict in J'anguage exists between the Agreement and this AmondMent 41
the language in this Amendment #1 shall pr'ev',.a'il.
W All ,terms and COOditi(nig of the Agreement not affected by thisAbleodftnt #1 Ar'e.
§t,il! in M force And effect.,
Tbig: Amendt4ent #1 is hereby made A P411 Cifthe AgtceMent and is binding upon
the County and the Provider.
r.
to
Z4
IIj
2 Of3
r.
iCONTROT, OVS0607-24
FY m6-2067
Proyid,er Amendment #1
IN W17MSS VVUti pXOVj the: partic§, hereto have l=gM this three (3) page amendment to
be etecuted by their 0r1jlals thereunto duly authorized-
(SVIAL)
AtTEM
AGENCY
Witnesses:
(Signa re
—Ayvp,!0qs0—rcPn,utNamb.
Rev. 5/07
bra
Type or Print Naive
MLAW-DADt couNTY, FLORIDA
-4 of.3
i2ESOLU`f10N NO, 12 -6'j- 12397
A RESOLUTION: OF THE MAY OR AND CITY COMMISSION OF THE
.
CITY' OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO I EXEICUTE'A FISCAL YEAR (FY) 407 GRANT
AGREEMENT WITH THE MIAMI DADS COUNTY-DEPARTMENTOF
HUMAN SERVICES FOR A MAXIMUM AMOUNT OF $33,7 FOR
THE AFTER SCHOOL PROGRAMMING' AND TUTORING W KINIG SEPVIC'Es,
PROVIDING AN EFFECTIVE DATE,
WHEREAS„ the Mayor and City. Commission of the aitt-,;df South Miami Wish to accept FY
2007 grant funds from the Miami-Dade, County Dlepsr mdnfotHuma,n Services; and
WHEREAS, the grant will provide funds f6K aifter-Wid6l tutoring, and homework assistance'
and
WHEREAS, the Mayor and City Commission authorlia therCity, Manager�to execute the grant,
a Services er�vicoa;Omnt"!'wi"th°the'fO!gml-Dadacouniy
Department of Human Service's.
140WO THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH' MIAMI, FLORIDA:
Section 1. That the City wishes to accept the FY 2007 award from the MiiJmjmDade County
Department of Human Services.
Section That the Mayor and City Commission a0thdirlm We City Manager to: execute the
FY' 2007 grant contract With the Miami -Dade tounty, 0epartment. of Human Services.
Section 3. The attached exhibit is Incorporate by refi)ronc'e'16tofhis,resolution,
PASSED AND ADOPTED this day of
2007.
ATTEST,
CITY CLERK
Include File Name acid Psith
ET-J-37MIU5193
Mayor Horace Fellu
Vice Mayor -Randy G.Wsebmba
commissioner Jay Becknori
Commissioner Marte Brits
Corrimisgibrter Velma Palmer
5-0
Yea
Yea
Y'da
Yea
I/ea
MIAAnOUDE DEkARTM NT OF HVMAN SERVICE
SOCUL $E'RVJC9S COMPACT
This Contract,. made this
Mfiw"ade; County, , d, p6litici
"County") through, its eparim
offices at 6310 Sunset Drive 'Miami
conditions-4nd covenants for the render
referred tows "Services ") for the County.
P80607-24
day of ,200.9,, by and between
of the State of Florida (hereinafter, referred to As
Services, (hereinafter referred to 0 'Depattmenf%
tfii, Elorida, 23147, and City of South Mann' having
M (hereinafter f6ferred to as "Provider") states
social and/or crime prevention services, (hereinafter
WHEREAS,,theHome,Rule Charterauthorizes the County to provide for the uniffirin health,
and welfare of the residents throughout the County and 14ftho provides that all functiom not
otherwise specifically assigned to others under the Charter shall be performed under the superviisiah
ofthe County Manager', and
'WBEREAS, the Prbviderptovides or will develop services of value to the County and has
demonstrated an ability to provide these services', and
WHEREAS;: the County is desirous of assisting the Provider in providing those servicasand
the Provider isIdegirous bfprovi&g such services', and
WHEREAS, the County has appropriated flindwthrough OrdlqaziO6 05-113 to the Provider
for the proposed services;
WHMWAS, the County has appropriated funds to the Provider for the proposed, services,
XOW,,TB—EREFORI%,in consideration of the mutual covenants recorded herein, the parties
hereto agree as follows'
L AMOUNT PA' ABUL Subject to available funds, the maxiii um. amount payable for
services tendered under this Contract shall not exceed 533:75x. Both parties agree, that should
available County funding be reduced,: ,; the amount payable under - this Contract may be
proportionately reduced at the opflbii of the County.
It SIC OPK OY SERVICES. The Provider, agrees to render services, in ademd4ned with the
Scope of Sprvices,lincorporated herein and attached hereto 4s'Attachment,&
The Provider will Scope of Services as described in Aftachment A in a
manner deemed satisfactory M the County. Any, modification or amendment to the Scope of
Services shall not be effective until approved by the Department, in Writing.
M. BUDGET SUMMARY The Provider agrees that 911 expenditures or costs shall be made in
accordance with the - Budget which is attached herein and incorporated hereto as Attachment R
CB
The provider may shin. zuinds between line itomsznot to exceed infoen percent (15V6) of the
total budget by submission• of a Budget Modification Rdquest to the Department for approval.
Variances greater than fifteen percent (15%) in any line "tern" shall. require prior approvaj and a
budget modification: approved, by the President Vice 'President ot'tho- Provider as well as the
Delpattmtxit. The.Budg& Modification shall, replace Attachment B.
In no event-shall the. bud 6�t include 4.1me itern.foribdiroct oosts in of 9 In percent
(l5%p)DfIth6 total budget. I
C. Term of'hidemnification. The provisions of this section or indemnification shall
survive, 'the. expiration or ter of this Ccx&46t,
VL INSURAN
'ggfib�,. if tho,Pt � ' fbo� 9tato of Florida �or agency or political
A. but ovidtr is
subdivision ofthe State as defined, in Section 768;28r Florida Statutes; the Provider shall furnish to;
fliel County, upon request, written verification of liability protection lft.addofdafice with section
768. 2 , 8 Florida Statutes, Nothing hefein shall be construed to extend airy party's liability beyond
fttprovidod,i,n.gection,768,2g,,Vlorida Statues.
B. All Other Provider's. The Provider shall finnish to Mami-Dade County, Department
of 14muaa Services, 2525 N.W. 62na Street 40' eflOor, M Wpab(s) of
Florida 31W, Call
insurance or written verification as detarmined'by the Coupty's Risk Management Division after
review of the Soopeof Services (Attachment A), The Cduntysball not disburse any funds: until it is
provided with the necessary Certifidate(s) or written verification (binders) and such documents have
been approvedby'Risk Mkda'geloent. TUCetfificatc(s) shall indicate that insurance, coverage, has
been obtained which meets the requirements as outlined below: . I
Worker's; Compensation insurance for all employees of the Provider as required by Florida
Statute 440.
Public Liability Insurance on a comprehensive basis in an amount; not less than $300,000
combined single limit pot occurrence for ;bodily injury and PrOPOOY' damage. Miami -Dade County
_must be shown as an additional insured with .respect to this coverage.
Autdradbile Liability Irituraotd, covering, an owned, non-owned and bitod vefiUd§ used in
connection with the work, in an amount not less than $300,000 combined single Iiinif per
occurrence, for bodily injury and property damage.
professional Liability insurance, when applicable, in the name of Provider in An. amount
not Icss thari $250,000.
Trisurance policies requited above shall be issued by tinder the laws of the State of Florida, with the ,following quai�oations.,
The company must be rated no loss than "13" as: to management . and
no less than "Class V' as to 11aaacid strength by the of
Bcsfs insurance Guide, liublished by AM. l3e8!VCoxnpaoy,
Now Jersey, or itg,equivalent subject to the approval of the County
Risk Management Division.
or.
The company must hold a valid Florida Certificate of Authority as
shown in the latest "List of All Insurance Companies uthorized to do
Business in Florida," issued by the State of Florida, Department of
Insurand6 and most be members of the Florida Guaranty Fund..
3 ofT6
CB
Certificates of Tusufoh6c,shaii indicate that nom6difoation or change ,n insurance shall bolmado,
without thirty (30) days N7,,xitteii,advaace:notileeto,the certificate bolder.
VII. SCREENING.
A,- L
�ib �nsu�e. IfIbe Provider is required by the State of Florida or Mianii-Da& County,
to be licensed or certified to provide the services, or opdrate,tho facilities outlined in the Scope of
Services (Attachment A), the Provider shall furnish. A copy of alt rdquired current' licenses or
eettifioatos, Examples of services or operations requiring such lipensure or, certification include..e but
are not limited to childcare, day care, musinghomes, boardinghoines1z
if the pro-yi'derfails toi furnish the County with the llicenses ,otddrtificatossdqilited under this
Section, the County shall not disburse any funds until it is provided with such licenses. or
,certificates.
Failure to provide, the, licenses ,or certificates within sixty (60) days of execution of this Contract
may result in termination of this Contract.
B, Background Soreenina. The Coqntyrequlpes thatonlyempfoyoo and subbotitracted.
peisonnel with a satisfactory Florida pund check as described in Sectiou� 19.001 (�), Flo Statutes
1, and through An appropriate I screening agency. Florida Department of Juvoidle Jusfice,
Florida I Department of Law Enforcdluent, Federal B46im of Investigation) work with direct contact
with juveniles.
Pursuant to 995.01 !(A), Florida Statutes, "each contract entered into.. for services ' delivered on an
appointment or intermittent basis by a provider` that does not have regular, custodial responsibility
for children... must ensure that the owners, operators, And. all personnel who have direct contact
with children are of good moral character...' In order to ensure ibis condition "(b) The Department
of Juvenile Justice.... shall require employment screening pursuant to chapter 435, using the,level 2
standards stf forth in that.phapter for•porsonnel in programs for childrei• or youths,"
Pursuant to 'the Above passages from Florida Statutes, it is required that All provider agency
personnel Working directly with children must have A completed Level I Screening response from,
the Florida Department of Law Enforcement that indicaies,*t,there has been no prior involvement
'111-any of the d I isallow6d conditions, b6forebeginning work with elientyoutb& Level I Screenings
raft be accomplished electronically on line with the Florida Department of Law Enforcement:,
www fine:state.fi.uslCrimr'natl istoryl. In Addition, recognizing -that Level 2. Screoning, can take.
severatwockg, Level 2 Screening must be initiatedprior, to begbraitigwork difectly?tN;1th clients.
Axy employee recohaingpositiVq respotit6fiesponses,to any of the enumerated charges as defined in
Level. I and Level 2 background checks -must immediately tease �otkiug with children, or youths.
Ail embloycol personnel files, shall reflect ffie. initiation And completion, of the required, background
screening checks,
From the •date, of execution of this contract, Provider shall Ntiish the County With proof that
bAckgrbW screermigIevel'l was completed, If thoTroviddr fails to furnish to the County proof
that background screening Level I was completed an , and Level 2-wa& initiated prior to working
directly with =client youths, the County shall,ndt disburse any further fund's and this 'Contract may be
subject to termiftation, at the discretion Of thd,County.
of 16
CB
The County reqWres that 6—Y eMpIdY6M and 'subcontracted omp—fees with a satisfactory
back do otib&d in Section 05.03(3)(b),, and through an appropriate screening
I ground check as , 8,
agency (Le: Florida Department of Law Enfomcnrunt, Federal Bureau of Iavostigation) work in
direct contact with the, elderly, disabled aiid.petsoiis with mental such as but not
limited to adult day care center, assisted living facilities, home equipment screening nursing homes,
home health agencies (facilities An developmentally disabled, and mental health treatment Atdilifle5.
Within 30 days of execution of this contract, Provider shall AMIiSh • the County with proof that
background screening was lhitiated/bompletod. If thaTrovider fails to furnish to, the County proof
that background screening was initiated within 30 days, of execution of this contract, the County
Shall not dishurse any further funds and this Contract may be subject, to termination at the discretion
of the County..,
I
VIII, CONFLICT OF The Provider agrees to abide by and be governed by Dade,
County OrdinanceNo. 72-82 (Conflict of Interest Ordinance codified at Strtion.24 Ll, et al. of the
Code ctMiamii-Md&r County), as amended; which is ' incorporated .herein by reference AS if fully set
t`Ofth heroin, in mmection.with its Contract obligatioris,he-remider.,
IX.
CTVMMGHTS "The Provider' agrees toabide by Chapter ilAof. the :Code ofhEaini-
"Comity , ch iscriminati
Dade. County Code"), as amended, which prohibits on in oxilpldymont,
hotisig and publicacopmrapdations, Title VII ,of the Civil Rights Act of 1196811 as amended 'which
prohibits discriminationin. employment and public accommodation; the Age Discrimination Act of
1475, 42,, D C.,,as amended, which prohibits diso ' , employment because ofage;
A, in
sect' L 504 of the Rehabilitation. Art of - I ' ,iig
on Y!3,2p V,9.C. § 794� as,4modod, which probib
-discrinmation on the basis of disability; and the Americans, with Disabilities Act 42 U.S.C.
mi 03, et seq., which prohibits d scriminaticn in employment and public 'accommodations beca"use•
of disability. It is expressly understood that qp64 receipt of evidence of discriiination undet.any of
ii ninate I
those laws, the County shall have the w fen this Contract It is Anther Understood that
the Provider must submit au =affidavit attesting that it is not in violation of the Araericans with
Disability, Act, the ReifiabilitatIon, Act. the Federal, Transit Act, 49 u.8. C. § 1612, and the Fair
llousirig Act, 42 US.CI § 3601 et geq;, if the Provider, or any owner, subsidiary, or outer firm,
affiliated with or related to the Provider, s found by the responsible enforcement agency, the Courts
0 . r the County-to be in violation of these Acts; the County will conduct no further business with the
Provider.
Afty contract, catered into based upon a, -false. affidavit, Shall be voidable by the County. If the
l ,
Provider violates any of the Act during the term of any Contract the Provider has. 1th the County,
such Coottact shall be voidable by,the County, even iftho Provider WAS not in violation at the time
The Provider agrees that it is in to rpliance with the, Domestic: Violence Leave; codified as §':' IA-
,ott. seq. of the Nfiami-Dade, County Code, *hich.roqtires" an employer, who in the% regular course
of business has, .fifty (56i or more employees I Working in Mlalrki-I)Ado County for each Working day
during each of twenty (20) or more calendar work weeks to provide donliestie violence leave, to its
!employees, Failure to comply With this. local law, may be grounds for voiding or terminating this
Contractor for commencement ofdebatmdut proceedings .against Provider.
5 of 7b
X.: NO It muna&sfood and agreed between the, parties than Written notice addressed to
the Departrac-of and mailed or delivered to the address appearing on page one (Y,) of the Contract
aid written
ftenuotice addressed to, the Provi der, and mailed or delivered to the address appealing, on
page one (2) of this Contract shall, oonstitute sufficient notice to dth&f Party;
XI AUTONOMY. Both parties agree that this Contract, recognizes the autonomy of and
Istipulates or implies no
af(iliation betwedn'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.
Xtfo BREj ACII OF CONTRACT: COUNT'Sfi REMEDIES;
A, Breach A breach by the Provider shall have occurred under'Ns, Odottadl; if (1) the
Provider fails to provide the services outlined in the ,Scope of Servibdt (Attachment A) within. the
effective term of this Contract; (2), the Provider ineffectively or improperly uses the County funds
allocated under' this Contract; (3) the-Provider does not furnish the Certificates of lusurance
4equired by this Contract or. as deteM imed, by the, County's Risk Mahagdift6nt. Division; (141) the
Provider , 'does not furnish proof of, licerisaire/eGrtification or proof of background ' or incompl6id proof of
expenditures rerequired r, I
by this Contract; '(S) the Provider fails to submit, or submits ts e
&-i . U6 -k fails libriditares to support disbursement req, stq or advance, fondling 6 1 ai to Submit
or submits incomplete or M-Orroci detailed reports- of expenditures, or firial,expe4diturereports; (6)
the Provider does not submit-Or submits incomplete or incorrect -required reports' (7)fhe Provider
ords or refuses to. allow the Cbunty't6 monitor, evaluate
refuses t6 allow the County accesg'tOTOP n ,
atidreview the ,ProvidiDi,sprogrbhil;,(8) the Provider discr imiat&& under any of the Taws , outlined
III Section IX of this! Contract-, (9) the Provider fags to provide Domestic Violence Leave to its
v 'brag
employees pursuant local la*, (,10) the Pxovidekfalsifies,or violates e-M
Fr&e Woxkp3ace Affidavit (Attachment 0; (11) ,the Pr o vider attempts to meet its obligations
under this contract through I fraud, misrepresentation of material misstatement; (12) the Provider
fails, to correct deficichtiesfound during a Monitoring, evaluation or review Within the specified.
trine; (I3) the Provider fails to meet thocomis and conditions of any obligation under any , contract
e c -
or o untypr any, of its agencies OfInStruftIWt9Hti*
otherwise or any ropaymeirt, schedule to the C6
of Corporate Status, Board of Directors requirement
(1 4) the Provider fait's to submit the certificate and conditions of the Dade dobfiiY
or proof of tax status;,''(15) fails . to meet any of the terms der fails to ful f i ft
A, I Affidavits (Attacbment,C ) or the StatuAfridavit(Attachment I)),- or (16) the Provider
in a timely-arid proper madulet Any and 911 of its obligations, covenants, agreements and stipulations
in this ContracL Waiver, of breach of any provisions of this Contract shall, not be deemed to be a
waiver of any other 'breach and shall not be construed to boa mortification of the. terms of this
Contract.
B. C�Ounpcme(fjes. if the Provider'breaches this C611trar-t, the County may pursue-
any
and ovaHoftha.f6lloWin9re:wedies:,
1. The county may t6iminate this Contract by giving written notice to the
Provider of such term I ifiWon and specifying the effective date thereof at least five (5) days before
the effective date of t6miffiatiOn.
jqf16 CB
In the event of termination; the County may4 (a) request the r
Ion, e emm, or all finigifed or unhuished
documents; data studies, surveys, drawings, maps, models, photographs, reports prdpatdd and
Provider with Co
secured by the unity funds under this CoAtfact; (b), seek reimbursement of County
funds allocated to the Provider under this Cditttact;, or (c) terminate or cancel: any other contracts
entered into between•the County and the ProVider, The Provider shall be responsible for all direct
and indirect costs associated with such termination, including attorney's fees;
2, The County inny,suspend payment in whole,orlhi part under this Contract by
Providing written notice to tha Provider of such suspension and sp&ifYhig,tba effective date
thereof, at least five (5) days before the effective date of suspension. On the effective date, of
suspension the Provider must Immedidbly'd6a8b to provide services pursuant to ,this Contract. All
-payments to Provider as of this date shall eas are
all, e • if ' -suspended, the County shall
specify in writing the actions that rmust� be taken by the Provider as condition precedent' to
resumption I of payments and' shall specify a reasonable date f6r compliance. The County may also
suspend any payments, in whole or is part under any other I contracts entered into between the
County, and the Provider. The Provider shall be, responsible f6r all direct :and indirect costs
associated With such guspe.,usion, ifteluditIgAttorneY'S fees,,
3. The County mayseek.enfordement of this Contract including but not lhaited
to,fling an action with aeopit of appropriate jurisdiction. The Provider shall be responsible for all
direct and indirectcosts associated witlisuch enf6rcerftent, including attorney's fec§1
4, The County may debar the Provider from future County contracting,,
IT, Poi any reason, 66 Provider should attempt -to meet its Obligations under
dins his dolitta6ttb±Qugh,fTaud,11hi8representat.lon or material misstatement, the County shall, whenever
practicable- terirrixrate this Contract by giving written notice, to the provider of such termination and
specifying the effective date thereof at least five (5 1 ) days before, the effective date; of such
termination,- The County may terminate oy, cancel any other doattget, which, such individual or
entity has with the County. Suoh individual or ontiy 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 I meet its contractual obligations with the county through -fraud,
tat! or up to :rIvO
misrepresentation or material misstatement may disbarred from county contractirtg.f
y e Art,
i
6, Any other remedy-iivailable at law or equity.
C, The County manager is authorized to terminate r this Contract on behalf of the
County.
D. 17atnages Sustained.
l4otwithstandigg the above, 1 the Provider shall trot be relieved,
of liability to the County for damages sustained by the County; by virtue of any breach of thc
:
Contract, and the County may mithhold any payments to, the Provider until such time. as the exact
arapunt of damages due the County is d6terinhic& llie County, .may also pursue any reined es
available at law or equity to dOmpehshtEi f6r 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.
;rqfld
XW,. TERMINATION BI nATHER PAR Y, Both parties agret; shat this Contract may bc:
terminated :by dither, party hereto by written notice to the other party of such intent to terminate Ainafe at
W Prior
16 thirty (3'0) days to the effective date of such termination. The, County Manager is
authorized to terminate, this Contract, on the behalf of the County.
kAYWNIPROCEDWIlKf The County agrees to pay the Provider for services rendered
under Ibis Agreement based on the payment scheikile, the line item: budget of both, Which are
incorporated herelftand attached hereto as Attachrabirt 13, Payment shall be made ml'accurda=6
with procedures outlined below in the Department's General Procedures Manual and if applicable,
the Sherman S. winn Prompt Payment Ordinance (Ordinance 9440):
A. Reimbursement andAbahets. The. parties agree, that this is,a cast-basis Agreement
and that the provider shall be paid through reimbursement payment based on the budget approved
I del- is- provided.
undethis Agreement (See Attachment B) and when,documentation of service:. delivery
An advance up to the total amount payable under this Agrdemdnt may be paid to the Provider in one
,
Jump sum payment. An advance of up to twenty -five percent (25%) of the total am ount payable
under this agreement may be paid, to the Provider if approved in writing by the Department An
I
advance of more th an twenty-five percent (25%) may be paid to the Provider if approved, in writing
by the CorifitY'Manager,
The Pjovider'g request for advance paymentraust be submi#edin E writing and must specify
the reasons anal justifications for such advance payment. It n66& not be aecornpabidd by a 'detailed
expenditure report. The county shall have the sole disoretionJul-Ificosing: whether or not to provide
any advance payments and is not obli,gated to do so -under any circumstances.
A Provider shall limit, its request fdr,ki.adVaiice to once during the term. of this Agreement
If a Provider, needs an additional advance, for good cause shown it shalL request it-in writing front
the County Manager.
13. No Ea Ment of Subcontractors. Intro event shall County Binds be advanced directly
to any subcontractor hereunder.
C: Requests for Pavrn - The County agrees to pay all budgeted costs incurred by
the Pr6vider which are allowable, under the County, gaidelines, in order, to receive payment for
allowable costs, the Provider shall submit a monthly, Surnmaty of Expenditures Report and a
MonthSy.Pet£ormance,JZeport,on forms provided by the, D & p artineft t. The epartmen t m u
st receive
the Monthly Summary of Expenditures Report and the Monthly Ppe6nnance. Report no later than •
I III , f�, in which services were provided. The Monthly
die 15e" dayofthemonthibild the inonib,
Summary of Exp6rxditm6s ROPOTt shall reflect the expenses incurred bythe,, Provider for the, month
serviebi were rendered and dommented,m" the Monthly I Performance R6pqrt.,' 'Upon, submission of
satisfactory required monthly reports,; the I Department shall make payment.
The, County Will not approve payments for in-kind or volunteer services provided by the
Provider on behalf of the project The Department shall accept originals of invoices, receipts and
other f o
evidence indebtedness as. proof of expenditure. When original, documents cannot be
evidence I
produced, the Provi d er most adequately justify their absence in writing and furnish copies as proof
of the expenditures-
eqfM
CIN
D. Proeeging the, Request for Paymerit. After ffie Depattibeat reviews and approves ; the
paym6 I fit I request,, the Department Will submit a check request to the County's Finance Department,
The 'County's Vifiatob DepartfOent Will issue and mail the, check directly to the Provider at the
address listed on page one (1) of this Agreement, unless otherwise directed by 66 Pro-vi
ider in,
writing. The parties agree that the processing of a payment requestifrom date of submission: shall
take a,minimum. of thirty (36) days from receipt, if support docurnetitation/invoices are properly
,documented. it is the responsibility of. the. Provider to maintain sufficient, financial resources to
meet the expenses incurred during the period between the, provision of services and payment by the
County-
Pailoto to suburitniorithly in foonnner deemed correct and
acceptable"by the County, by the 'I 51h' day of each month followin
g the month in which the "service
was delivered, shall I tie considered A breach of this agreement and may result in termination of Us
Agreement
E. Final Request for P A final request, for payment from, the Provider will be
accepted by the Department up to forty-five (45) days after, the expiration of this Agreement. If the
Provider fails to comply, all rights to paymwt shaft be forf&Ited. The-tequost,f8t the final payment
may includeodcraals of the personnel 4 cost listed in Atta6b rent )3 which, the Provider is obligated.
to pay afterthe, close of the period for services provided - within the term of the
of Funds. Vpori, the expitAtian, of this Contract, 'ilia
Provider shall submit;a Closeout•Report to the'Department no•mors than forty five (45) days ,after '
the expiration of 'this Contract. This report shall include a cumulative. year -'end surdmewY of
provide,eseperfoTmance and. fiscal expenditures.. If. after reccipt of I 'this Closeout Report, the
Depattrnept, determines that the Provider has been paid funds not in accordance. with the Contract
and "to which, it .is Aidt entitled, the Provider shall retie such funds to the Cc" of snbraii
appropriate documentation. The County- shall have the sole disorction,ift deteirninng if the Provider
is-ent!tl&dtb, such ,funds and the County dedision,orrAis matter sball he binding., Additionally, any
unexporraedor unallocated ,funds shall be recapturedby the County.
G. 1)99- 06htract.Mthhaftnieut Manual. All requests for, payment will be processed
pursuant I to the Department's General, Procedures Manual. The Department will provide a, copy of
this Manual to Provider.
XV. PROMBITED Vgrl, OF FV"gi
A, Adverse Actions or Pvtoceedin a The Provider shall not utilize County funds to retain
legal counsel for any actionor pr6teedifiglagaitist the County or any of its agents, instrumentalities,
employees,or officials. The Provider shall to provide legal represent , Won,
advice or counsel I to any client in any action or proceeding' against the County or, any of its zgents,
instrumentalities, employees or officials
B. Religions Purposes, County funds shall not be used for religious purposes.
0; Commingling Pimds. The Provider shall not commingle funds provided. under this
Contract with funds received from any other funding sources:.
,9 of 16
CB
XVI. PSCORDS
A: Certificate of Corporate Status The provider must submit to the Department, within
thirty (30) days fr6ni the'dato of okeention: of this Contract, a certificate of status inthe nat-fte of the
providier, which certifies the following: that the provider is organized.und6r the laws of the State of
Florida- that all fees and penalties have been paid; that the providers most recent annual. -report has
been filed; that its status is active; and that the provideflias not filed an Article of'Dissolution.
Bo Board. of Director Requirements The Provider shall insure that thei Board of
Directors is apprised of the fiscal, administrative and contractual obligations of the project funded
through the County 'by pmgdgb of formal resolution ailthdAiing excoudoll d-the Contruaviththo
County. Failure to provide copy of the resolution Within 15 flays of CXCOUticli, of this contract may
result in termination of this Contract.
ct Proof ofTax,'StAtus. The Provider igrequired to submit to County the f6flowing,
documentation: (6), tio• exempt status determination letter; (b) the= most recent Lp,&
form 996,,(e) tho,animal submission of I.R.S. form 990 Within (6) months after the Provider's fitscal
year end; (d) .IRS, 9411, � Quarterly Federal Tax Return Reports within thirty -five (55) days after the
quarter ends and if 941 reflects a tax liability; Proof of payment must be silbuditted Within si:kty
(60) day's after the quarter ends..; Z
D. Accouiting2ecoids The Provider shall keep acebuiltirg records :which conform
with &ierally All such records will be retained by the Provider for
not loss than five -(5) years beyond the term .ofthisContract.
E.' Financial Aud t. if, the Provider has or is required to have an annual certified public
accountant's- and related finandiat statements, the Provider agrees to provide these
doetiM6419.10 the Departmentno later than one hundred, eighty (180) calendar days following the
end -of the. Provider °s Pascal year, for each year during -Whid'fiff this I Contract remains in force or until
alffimd& 6ftrffat from this Contradt have been'so audited, Whichever is later.
.F. Access toRecords: Audit. The County tesetv68 the right to ro, quire the Provider lo
submit to an audit by an auditor of the County's choosing: The Provider sball.provido access to all.
of its r0oorig Which relate to this Contract at its place of business during regular business: hours,.
The Pm idc agrees to provide such assistance as may be necessary to, facilitate their review or
alidit by the County to insure compliance with applicable, accounting and ,financial standards. The
Provider agrees to maintain supporting d0bullietitatidWfor all services provided under this Contract
and shall subtrit such supporting dOCumolliation to the, Count* upon request.
G.. Office. of Miami -Dade CcuftfV Inspector General. Miami -Dade County has
established the Office of Inspector General which is empowered to perform random audits on all
county contracts throughoutthe duration of each contract. Grant recipients are exempt from • paying
the cost of the audit which is normally V* of 1% of. the total contract amount.
1v 011d CB
The Miamj�D.Add, Coil* Inspector: General is authorized and empowered to review past, present
and proposed County and Public Health, Trust, programs, contracts, transactions, accounts'. records
and P-roigr6tusi In addition, the hispi6etor- General has the power to subp6cna witnesses , administer
inister
oaths, require the production of records and mordtor existing projects and pTogram54
Monitoring of an existing, project or pkograra may include a report concerni"Ag whether the project is
on time,, within. budget and in trumilianc6 with plans, specifications and.. applicable' law.
The Inspector Goncral, is empowered to analyze the nece's'sity of and kcasuruibl6udss of proposed
change orders to the CahtrAct. The hisP0.0for General is 'empowered to "retain the services of
independent Private sector fiisplett6ri general to audit investigate; monitor, oversee; inspect gild
review operations, activities, performance and, procurement process including but not limited to
project design, bUspecifications, proposal submittals, activities ofthe ProVid6r, its officers, agents
and einployces,,, lobbyists, County staff And elected 6fficiAts to ensure compliance with, -contract
specifications and to detect fraud and corruption;
qpbh, ton (10) days prior written notice to the Provider Abna the Ifispector General or Independent
bythd1rispectorGener the Proviaer.shall-make
Private sector Juspector Ocrieral,(IPSIG) retained General,
91 requested records and documents available to the Inspector General or IPSIG for inspection and
copying.
The Inspectof General and. IPSIG shall have the right to inspect and copy all documents, and
records in the Provider's Possession, custody or control.. which,,, in the Inspector General's or
IpSja's sole judgment, pe do
,rtain to performance ofthe ntrArt, inchidmig, but not limited to original
estimate I , files, worksheets, ]proposals and Contracts from and with successf1il and unsuccessful
subcontractors and suppliers, 91 projed-rolated correspondence, memoranda, instructions, financial
documents, construction, documents, proposal and contract documents; back- charge documents,: all
documents and records Which involve dash, trade or volume discounts; insurance, pro ceodsi rebates,
o 1 r dividends received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records:
The provisions in this p6etibri. shall apply to the Provid6n, its officers, agents,, employees;
.subcontractors and suppliers, The Provider shall incorporate the provisions in this section in all
subcontractors and all other Contracts executed by the Provider,incounedtion with the perfolmance
of the contract
110 shall impair any independent right of the County to conduct auditor
Inv 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.
14. Indeuendent PrIvato Sector.kispeotor, General Reviews. Pursuant to Miami -Dade
County Administrative Order 3-20, the Provider is aware that the County bas the right to retainihe.
services, of an Independent Private Sector Inspector General ('0916 �'), whenovm the County deems
-
liappropriatetodoso. Upon written nbtfee fxomftCounty, ,tlie,Provider shall m*e.avOAbleto
the IPSIG retained by the County,, all I I requested records and documentation ppii:aining. to this
Contract, for M" spectioft and copying. , The County shall be responsible for the payment of thes•
IPSIG services, and under no circumstance shall the Provider's budget and any changes thereto
approved by the County, be inclusive of any charges rdlath'916 thd96 IPSIGWVidesi
11 vf16
CPI
The terms of this Provision h6tem, apply to t I lic Provider, its otneets, agents, employees,
subdobsultants and assignees., Nothing contained in this provision shall impair any independent
right of the County to conduct au audit diinvest I igate•th,6 operations, activities and of
the Provider iti. connection With this Contract. The terms Of this Section shall, not impose any
liability on the Cotiftty,by the Provider or any third party:
Proffess Reports, The Provider, shall burnish the Department with written ;monthly
progress reports (Attachment F) on the 46i6vement of its goals as., outlined in its Scope of Services,
hen
The shall the Providers, progress.for fhatmon& The data should, be quantified W
a , 11i day of the month f6lid 'the end of each month,.
appropriate "ep� Said s are due bythci5
.
The I progr expiration or termination of this
a shall be due fotty-fivd (45) days Aft& the
Agreement.
Monitoring: Mana9eqx(4-1t.V,'Mludion and perforniquee —kevf6w. This section shall
pertain only to Providers whose funding, allocation under this Contract is I more than'$10,000 or
whose funding ng albeation becomes more than $10,000 ChIrin'g1he term of this, Contract.
The provider, random. d monitoring, reviews
I agrees, to permit County personnel to perfOrITLY do scheduled
and evaluations of the pfografn which is the subject of this Contract. The Department shall monitor
both fiscal acid progranimatid bolilPliAnt:6 with all the t0nosand conditions of the Contract
site visits; egent, assessment surveys, and other"
provider shall permit the Depattindlitto conduct
ques
deemed .reasonably
A report of the'
Department's ru'lls I W deficiencies
0 'ted -thrt 'o pono d o not corrected within
.
th 0 speoifi ed time, the County The Department'
s h ll condt c t one � �n or fo of the Provider.
C 0 n tnuallon of us
Contract "satisfactory evaluation
The provider agrees that all monitoring reports completed by the, Department ,shall be madd,
available to the Alliance for` Human, s6rvqcesajjct its mcinberglpaitnersi
K_ gionrjtddot& The Provider shall maintain eseparate individual' case Me fat each
-,clioijVfajjiijy served. This case Ale:shaRinclude all pertinent. id6mvitiOtt regarding case activity;
Ata mijmmim, , , the case file will contain referral and intake information, treatment plans, and case
-a kind, of. service provided. These files
provided and th
notes documenting the dates services Were quirements under Article XVI Section P, G, I-I and T of
Ibis Contract..
Health Insutarico p6itabjjjb�, and AocqunWhiLIjfyAqt, Anp person or entity that
7--=4 use r 1961 sure
performs or assists Miami-D440 County with a function or activity involving the u o d' o
perf ly Protected Health Information (PHI)
of individually health Womiation. OM and/or
shall comply with the ,' Health Insurance Portability and Accountability Act (137pAA) of 1996 and
County y Privacy Standards Administrative Order. HIPAA mandates for privacy;;
security and electrooll'a transfer standard§, that include but are not limited to:
12 qfI,6
C2?
1. Ilse of infomration only f6T perforaimg services required by the contract or as
required by law;
2: TTse of appropriate Safeguards tb prevent noX1- permitted disclosures,
3. Reporting to Miami -Dade County of any non4pemiffied use or disclosure;
4. Assurances that. Any agents and subcontractors agree to the same, restrictions and
conditions that apply to the Bidder/Proposer and reasonable assurances That
III-WJPW,Wtll beheld coeidemidl;
5: Making Protected be6lth Information (PIM available to the customer;
6. Making PIR available to the customer for review mid amendment; and incorporating
any amenaments requesTea Dy we,cusLujnvr,
7. Making g PM available to Miami trade County for an accounting, of,diselosures- =(L.
9. Making internal practices, boo, ks and records related to PW available to iWiami -&de
County for-compliance audits.
pMI Shan maintain its protected status, regardless of the Amn, and method of transmission (paper
records, cand/or . electronic, transfer, o£ data), The Bidder/Proposer mast give its 'eustome'rs' writtent
notice ofits privacy
*formation practices including sptcificallyi a deauription of the types of uses
and disclosures that would be made, withptotected health information,
I
M. Disaster Plan/Continuit I of Opda&rs: Plan (COOP), , the Provider shall submit to
the Department an Agency Disaster Plan/COQP by April V' of each contract year., Iffhe Provider
does not have a COOP 'Plan. cutrontlywiffi the Department (submitted; within the past year) it must
submit a COOT' Plan within 30 days of execution of this; Contract. The Plan. should be updated
annually. At a minimum, the Plan should describe how'the Provider establishes and maintains an
effeetive srbsponse to emergencies and disasters, and must comply, with any Emergency
management related Florida. Statutes applicable to the Provider. The Disaster Plan 19 subject to
review and approval of the County.
XVII. SUDCONTRACTORSANDA.9S
AA _Subcontracts. The partle§,agtee that no assignment or subcontract wabe made or
let M* connectidd,with this Contract with6ut the prior written approval of the Department, which
$hall,.riot be' unreasonably withheld, and that all subcontractors or assigneea shall be governed by the
ternvs and conditions of this Contxacti
B. If this Contract invdIves,tho expenditure of $160,000 or-more by the County and the
Piovfdek intends to use subcontractors to provide the services listed in the Scope of Service
(Attachrncnt: A) or suppliers to supply the materials, the Provider sh4ll, provide the names of the
,,sub, PT 6rlqgtces that VAI not
subcontractors and suppliers on :the �attacbed as Attachment E, bvid atit
change or substitute, 94116611tr4dOrs Or suPPI16ir's from those ligfffd in Attachment E -without prior
written approval of County.
XVIEMAUSCELLANEOUS.
A. out of'1'own Travel, Costs for outof�town travel are allowable, if they are. w4A
for the admihisterjng' of program activities. A , 11 travel must be. approved. through D14S Contract
'Management Division two weeks prior to date travel is to be taken and pursuant to the provisiohs•
outlined in the Contract Management Manual.
of 6
CB
B. Pe Cash. Community r Based Organizations who estaonsh a petty cash fund must
maintain, detailed support documentation in acdordAnce'with the provisions outlined in the Contract,
Management Manual,
C. Public It Is understood and agreed between the parties .hereto that this Provider is
ftmd6d,by—NfiAmi-Dade County. Further, by theacerptance of these funds, 66 Provider agrees that
events funded by this Contract shall recognize the County as a fionding, source. TbcTroy dex shall
ensure, that all publicity, public relations, advertisements and isigns recognizes the County, for the
support of all contracted activities.
Als is to include, but is ria limited to, 91 posted signsi, pamphlets,, wall plaques, comerstoncs,
dedications, notices, flyers, brochures, news tolehse8, ruedia packages, pfornotioris, and, stationery.
The use, of the official County logo) is `permissible. T46 Provider shall ensure that all media.
representatives, When; inquiring about the activities funded by this contract, are informed that the
County is its funding source.
D, Contract Guidelines. This Contract is made in the Siate of Vlofida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade Counfy.,Floridai
g. MbdifIcations.,an(I Change Orders: Any alterations; -variations, modifications,
extensions or walvers.o.fprovisions: of this Contract including'birt not limited to amount payable and
effective term; shall only be Valid when they have, been reduced to:,mitiftg, duly approved and
signed by both patties and Attached to the original of this Contract
The County and provider mutually agree that. modification of the Scope of Services
schedule of payments, billing. and cash payment procedures, get forth herein. and other such
revisions may be negotiated as a writterianienofinent to this Contract between the parties.
The-County Manager is authorizedto make rabolifidkidris to this Contract AS di..knihed
herein on. behalf of the County:
The Office i of the Inspector General shall have the power to analyze the,need.fot, and the
reasonableness, of proposed change orders.
F. Counterparts, This Contract is signed in five (5) counterparts, and each counterpart
shall constitute an original of this Contract.
G. HcadiqRs Ilse .o I of Sitifmk and 0 Paragraph headings are for conywii6tice
d substance o of the. provisions of this
only and'atenotintendodto expand or restrict scope Or t c
Contract. Wherever used herein, the singular. shall include the plural, and pbual shall include the
.singular, and pronouns shall be read As miascujina, feminine or, neuter as the context requires.
14 qfZ6
Cs
H. Totality o£ ContractlSeverability. of Provisions:. This sixteen (16) page Contract with
it recitals on the fiYstpage of the Contract and with its attachi- ents as `referenced below cbntain,all
the terms and conditions agreed upon by the parties;
Attachment A: Scope of Services
.AttaehmentBs. Budget
Attachment C: Payment Request
AttachmenmD Miami =lade County: Affidavits
Attachment D1: Code of Business Ethics
Attachment D2: Miami -Dade County D"ebarmeutDisclosure Affidavit.
Attachment E: State Public Entities Crime Affidavit
AttacbmentF:: Progress Report
Attachment C List of Subcontractors and Suppliers
Attachment f Living Wage Requirement
No other Contract, oral or oilierwise, regarding the subject matter of this Contract shall be. deemed
to" exist or hind any of the parties hereto. If any provision of this Contract is held invalid or void,,
the remainder of this; Contract shall not, be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
IS of 16
G6
Comr6leRS0607-24
)N WITNESS WHEREOF, the parties hereto have Caused this Contract to be executed by their
respective and My authorized officers As opthe day and year first above written.
(SEAL)
ATTEST:
day,,�,
' MiENCY,
By: el
(9-1p,iture of AAMlo4zedWepreseftt-q ' e)
Mdgd M, meheridez
Type or Print Name
ATTEST:
RAR-VEYRUM, CIXRX
a �pc
couusX
m
Type or Prhit Name
T3qj.'e, or Prifit, Ndriib
mLAAff-bA'DE COUNTY-,YLORMA
IM606
ml
RESOLUTION 146,^t 101-07-12566
A RESOLUTION Or THE MAYOR AND CITY COMMISSION, OF THE CITY Or SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A,GRANT
.AGREEMENT WITH, THE MIAMI-bAbE COUNTY BY AND THROUGH ITS
U I
DEPARTMENT' OF HUMAN SERVICES FOR A MAXIM. M; AMOUNT OF 41 BA00,00
FOR THE SENIOR.MEAitL8 PROGRAM; PROVIDING, FOR AN EFFECTIVE DATE,
WHEREAS, the Mayor and City Commission wishes to accept the grant from the Mia 1-Dad'
County by and through its Department of Human Soffices;,
WHEREA-S, the Agreement will Provide fdhdihg,fbir the Senior Meals Programs "services; and
VV14ERPAS, the City Manager is authorized to execute the grant agreement in an amount of
$18 400.
NOW; THEREFORE, BE IT RESOLVED BY THE. MAYOR AND CITY COMMISSION OF THE
CITY Or SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute a grant
agreement with the Miami-Dade'County by and through its 0epartmoritdi Human Services in an amount
of $18,400 for Program.
Section 2t The attached Agreement is made a part Of the resolution.
PASSED AND•DOPTEO this —10— day of 220 i &,i , 2007.
ATTESTI-
1_ \
CITY CLERK
APPROVED AS TO FORM:
Oita Name rand Path
APPROX/F=n-. I
COMMISSION VOTE: 5"0
Mayor Feliu-,
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
ye-a
Commissioner Birts:
Y64
Commissioner Beckman-
Yea
SA010MO,
MIA,MJ-DADE. COUNTY DEPARTWNT OF HUMANSEUVIeVS
SOCIAL SERVICES CONTRACT
This'Contract, made this day QfJ :C,C94' V-4M-
_,200-2,,byaudbetw0cn
Miarni-Dade County, a political subdivision of the State of Florida (hereinafter referred to as
i[Comity') through its ,Department of Iluman Serviqes. (hereinafter referred to ,as " Depaltmcrivi),
located, at 2525 NW 62°d . Street 4111 Floor Main! Florida 3314 And.cit bf. South .Miami (Senior
Center having.offices at'6130 I Simsot Drive,, S dath I Miami I Florida 31.141 (hereinafter referred .to as
11proidde),statesconditions and covenants- for the rendering of social and,tor clime prevention
services, (hereinaApr referred to as "Services") for the County,
WHEREAS, the,Hbrue Rule Charter authorizes the County to provide for the uniftirin health
and welfdre,' of the residents throughout the County 404 fudior providds that all functions not
otherwise specirjcatly assigned to others under the Charter shall be performed under the supervision
of the County Manager; and
WHEREAS, the Provider or provides or Wilt develop fseivices, of vAhI6 to the County and has
demonstrated an ability to provide these scrvice.sand,
WM,'REAS,- the County is desirous of,assisfirlg�ffie Provider in providing those services and.
the Provider is desirous of providing such services-, and
WMREAS, the County has appropriated f4rids through Ordinances 07-125 and 67-127 for
the propolsed�servioes; and
WHEREAS; the County has appropriated funds to the Provider for the proposed services,
�Xo,j `, 11IMPORE, in consideration of the mutual covenants recorded herein, the parties
hereto, agreeas follows.-
L AMOUNT PAYABLE Subject to available, funds, the maximum amour* payable for
services tendered under this Contract, sbAll not exceed $418-400. Both Partieg agree! that Should,
available County funding, be reduced, the amount payable, under this Contract may be
proportionately reduced at the option of the County.
IL SCOPE OF SERVICES. The Provider agrees to render "' se ces in accordance With the
Scope of Services incorporated herein and attached hereto as Attachment A.
The, Provider Will implement the Scope of Services as described in Attachment A in a
manner deemed satisfactory to the County-, Any modification or amendment to the Scope of
Services shalt not be effective until approved by the'Department in writing:
AMAIB7 I 6fJ6 ep
111. BUDGET StJMMAR-Y- The Provider agrees that all expenditut " es ' costs shall be made in;
or,
accordance with the Budget which is attached herein and incorporated hereto as Attachment B,
The provider mayshift funds between line items not to exceed fifteen percent (150K) of the
total budget by I submission of a Budget Modification Rcctiidst to the Department for approval;.,
Variances greater than Aftedii, percent 15%) in any line item shall require prior approval and a
budget modification approved by the President or Vice President of the q provider as well as the
Department A4odification shall replace Attaolundut•B,
The .Budget
In no event shall the budget include a 11job item; for indirect costs, in -excess Of fifteen, Percent
of the total budget. if the bUdg 4 ot'inchides, a line item for indireet costs of less than fifteen
percent : t15,9 /o), then the Provider Must support such expenditure with proper, documentation,
The Provider may amend the budget no more than twice during, the tent o of this Contract. A
final budget,revi§ion, roust be submitted 45 days'priot to the expiration Of the Contract..
N. EFFECTIVE,TEM The effective term of this Contract shall be from October 1,
to September 30 2008,
t� e7be
V. INDENM, FICATION BY.PROVIDER,
A Government.Em Government entity shall indemnify, and hold hanril&ss the
County -nd.ifsI off. ioers,empoyees, .agen ts and
iristrinbmalitiogfrom any acid all liability, losses or
damages, inc ludi fig
attorney's fee's and costs of ddknsd, -Which the! County or its officers;,
employees; agents or instrumentalities may incur as a result of claims, . demands,, suits, causes of
actions or proee I edirigs of any .kind or; ,`nature arising out of, relating to or resulting, from the;
its - employees, agents partners;,
performance of, the Contact by the government entity or i _ers',:
Principals or subcontractors. Government dittity,shall Pay all claims and losses in connection
therewith and shallitivestigate and def&hd,all claims, suits, or, actions of any kind or nature in the
naive of the County, wherp:appjjcablo,. including appellate proceedings, and shall pay all costs;
judgments, and attorney's fees which may issue thereon. Provided, however, `Ngi Indemnification
shall only be to the extent and Within the limitations of Section 768.28 Florida, Star.,, subject to the
provisions of the Statute whereby the gOvOknineirt,tritity shall not be' held liable to pay a personal
injury or property damage claim or judgment by any one Person which exceeds the sum of
V 00,000, pt any claim or judgment or portions thercot which, when totaled With all other,'clainis of
judgment I
judgments paid by the government entity arising out of the same incident or occurrence, exceed the
personal mjuTyo-r'p , damage !abilities, losses or
sum of $200,000 fibro any and at! peks I ' , roperty claims, I
.4 result of negligence the government entity,
r 10 1 of
the n which, mayarise as riti Y,
B; All other Providers The provider shall indemnify and hold harmless the County
and its officers, employees: agents and in9trmftdutaljtjtg from Any and, all lfabillty, losses, or
damages, including attorneys' fees and costs of defense Which the County or 'itfi:�Ofi'�&rS'
i
employees, agents or instromentallies. may incur as a result of alarms,, demands, suits,- "eduseA of
resulting frojI the
�
actions or proceedings, of any kind or nature arising out of, relating to or.
performance of this Contract by the Provider or its employees, agents, servarits, partners principals
or subcontractoA,
Rev. 9107 2 of 16 CB
,Provider shall pay all claims and losses in wunoction therewith and shall investigate and defend P-11
claims, suits or actions of any'RW ormative,iln the name of the County, where applicable; including,
appellate -proceedings, and shall pay all costs, judgraents, and attorney's fees which may issue
thereon. Provider 11 expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by Provider ghtill,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 lndg�2W Ldation. The of section or indcumifcation gh all
survive; the expiration or termination of this Contract.
VL, INSURANC19,
A. rGoVemm—ea it the Provider is the state of Florida, or agency of political
subdivisioft of the State as defifted, in Section 768,28, Florida SfafutePY the Provider shall finnish, to
the County; upon request, written verification of liability protediori. in accordance with section
768.28, Florida Statutes, Nothing herein shall be construed t6extefid any party's t liability beyond
that provided inaedtimi 768.28, Florida, Statues:.
B. All Other Providers The Provider shall furnish to Miami -Dade County,, Ilepartiopirt
of Human Services, 2525 NIX 62"' Street, 4th Floor, Miami, Florida 33147, Cerfifidate(s) of
Insurance or written verification I as. by the C6naty,s Risk Management Division after
review ofth6 Scope -of 'Services (AtabhhetA), The Certificate holder "shall be listed as: MI r i
-
Dade County, JIJ N.W. The o a IT Street, 8bife 2340i Miami; Florida 11128. h County sh 11 not
diiburse:,any , flindi; until it is provided with the necessary Certificate(s) or written verification
(binders) and such documents bave'been approved by Risk, Management. The Certificate shall:
indicate that insurance Overage has'been.obtained which ftiects, the,toquitements as outlined, below
I
Worker's Compensation Insurance for all employees of the Provider, as required. by Florida
Statute 440,
Public Liability- Insurance oii. a- compreheAgive basis * in an amount, not legs than $300,000
combined single limit per occurrence for bodily injury and property damage. Miam,i-Dad6 County
must ,bc,shown as an additional insured with respect to this coverage.
Autoffiobllc Liability lAsutdribd covering all owned, iron -owned and hired vehicles used in
,connection with the work, in. ail amount z not less than $300,000 combined single limit per
,occurrence for bodily injury and property damage.
Professional Liability Insurance, when applicable; in the name of the Provider in an amount
notIcss than $2$0,000.
Insurance policies required above shall be issued by companies authorized to do busindgs
underflieJaws of the State of Florida, with the fbilb'Whig 4ualificatidhs
A= 3 qf16 Cu
The company must, be rated, no less than "B" as to ma"agemeak, and
no loss than "Class V- as to financial strength by the latest, edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwiok,
New jersey, or to the, approval of the County
Ila, its equivalent subject
i§k emont Division:.
or
The company must hold a valid F 'date of Authority as
lojjdg,� Certifi
§h6fti m the,ititogt,`ligt:OfAll.i)isUranc6Compatiios,Authori.2edtodb
Business. in Florida;" issued. by the State of Florida Department of
Insurance and must be members of the Florida Guaranty Fund.
Certificates of Insurance shall indicate that no it or change in insurance shall be made
without thirty (M) days written advance notice to the certificate holder.
VII. PROOF Op.Lict, NSEM/CFRTMCATION AND BACKGRQ SCREENJUNG
A. licensurc. if the Provider is required by the State ,bf Florida ,orMiarni-Dade County
to be accused or certified to provide the services or operate the facilitteg,, outlined in the Scope of
Services (Attachmprif A), the Provider shall furnish a, copy of all required current- licenses or,
cordficafesi Examples of services or operations requiring, such licerisuke or c6ttificnfidii include but
are not, limite die childcare, day care, nursing.home§, boarding homes.
If the, Provider fails to fim4sh 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
Failure provide the licenses certificates within sixty (60), days of execution, of this Contract
1 e conses or ce, , le
may result in termination of this Contract.
B, Background Screanine. The County requires that only employees. and subcontracted
per8onadi with a satisfactory background chock as absoribed,mi Section 39.001',(2), Florida Statutes
and through an ap 10 Ju tice
pt6priate screening:. agency (i.c., the Florida Department of s
Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact
with Juveniles.
Pursuant to 985.01 2(a) Florida Statutes, "each contract entered, into,,kr services delivered on art
appointment or intermittent I I basis I by a provider, that does not have regular custodial responsibility
f6r children:;.. I . must ensure that the owners, operators,, and All pers�mma who have direct contact
with children are of gobdiMral chafa(.ter..."Iu order to ensure this condition "(b) The Department
oijuVoWlea •hstice, shall require employment screening pursuant to chapter 435, using the level .2
standards set forth in that chapter for personnel in programs for- children or youths."
Pursuant to the above p6s§agb§; from Florida Statutes, it is required that all. provider agency
personnel working directly with children must It 9
,@-,Ve 4 completed Levet I Screening response from
theFlorida Department of Law Enforcement that indicates that there has been no prior involvement
'in any of the disallowed conditions, before beginning work with client youths: Level 1. Screenings
can be accomplished electronically on line with: the Florida. ]Department. of Law Eddroomenf.'
www.fdlo. state .fi us/ciirniti6f]kistbt In addition, recognizing that Level 2 Screening can take
several wdeks, Level2 Screening must be, initiated prior to beginningwork directly with clients.
Rep 9107 4 of Id C8
Any employee receiving Positive responsehe9ponses to any of the enumerated charges as defined in
Level 1 and Level, 2 background checks .must immediately cease WOrking with children of youths.
All employee personnel files, shall mfloct'the initiation and completion of the required background
screening checks.
from the date of oiceoutibri of this dmitmat, Provider shall famish the County with,prodf, that
background screening Level I Was completed, If the Pf0vid e r f ait to Run ish to the County proof
that background screening Level I was completed and.tevelI was initiated prior, to working
directly with,clientyouths, , the County shall not disburse any further; funds and this Contract may be
subject to termination at the discretion of the County:
The, County requires, that only employees and subcontracted employees with a satisfactory
background check as described in 8 1 ed4on 43503(3)(a), and" through an-appropriate screening
agency (i.e. Florida Department of Law Enforcement Federal Bureau of Investigation) work in
direct contact with the elderly,, disabled aftdpbrsons with iftentatilhies§,la' getting$ such as but not
limit6d,to adult day care, center, assisted lining facilities,, home equipment screening, nursinglioniesi
home health agencies (facilities for deyelopmentidly disabled, and mental health, treatment faefli ities.
Within 30 days of execution Of this contract,, Provider. shall furnish the County With proof that
background. screening was initiated/completed.. If the Provider falls to furnish. 16 the County 'Proof
that background dgoteeming was initiated within 10 days of execution of this contract, the County
shall not disburse any ffirtherfands: and this Contract may be subject to termination at the discretion
of the County.
VIII. CONFLICT oraTtREST. The Provider agrees to abide by and be governed, by Dade
County Ordinance No, 72-82 (Conflict, of hiterest Ordinance codified at Section 2-1 J. I et al. of the
Code of Miami -Dade County)j as amended,,, which is incorporated herein by reference as,if fully set
forth herein, in connection with its Contract obligations hereunder:
IX. CML 1UGHTS Provider agrees to abide by Chapter I IA of the Code of Miami-Dade
County ( "County Code "), as amended , which prohibits discrimination in oniployiperii, housing and
public accommodations: Title VII of the Civil Rights Act of 1968; as amended, whicli, prohibits
discrimination in employment and public, accommodation; the Age Discrimination Act of ;,1975,42
U.S.C. §2000d, as amended which prohibits discrimination in employment, because of age; the
XelidbilfiationAct, of 1973, 29 U.S.C. §794,,as amendedj, which prohibits discrimination on the
basis of disability I ; the Americans with, Disabilities Act) 42 U.S.C. §,121.03 et seq., which, prohibits
discriminittion in ornoloyment and public acomninodationg because of disability; the Vbdefil Transit
Actr 49 U.S.C. §1.612, as dmended;, and the Fair Housing Art, 42 tTXC'. §3601 efseq. 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 of I her firm affiliated with or related to the.
Provider is found by the responsible enforcement agency; the Courts or the County to be in
violation:ofthese-acts, the County will tdriduct.no further business withtheprovid-on
Any contract entered into based, upon q f4lse affi4avit, shall be voidable by to County, If the-
Provider violates any of the Acts during, the term of any Contract the "Provider lid§ with the County,
such Contract shall be voidable ,by the County, even if the-Pto-Videf'wks hot in violation at the time
it submitted its affidavit.
'get'. 9/0 1 5 qff3 M,
The Provider Ag.rees that it is= in compliance with the Domestic Violence Leave, lcodified: as § I IAA
60 et. seq, of the Miaini-Dade, County Cijde,,wWch tbqqiieginempjoyer, who in the regular course
of business has fifty working day
during each of twenty (20) or more calendar workweeks to provide domestic violence leave to its
employees. Failure to comply with this local law may be grounds for voiding or terminating this
Contract or far doirinichament of debarment proceedings -against Provider.
X, NOTICES, It is understood and agreed between the parties that written notice addressed to
I I
the Department and mailed, or delivered to The address appearing on page one (1) of,the Contract
and written notice addressed to the ,Provider and,' mailed or delivered to the address appearing on,
page, one (1) of this, Contfact:shall constitute suffic4ent'notice to either party;
AV TONOMY. Both pa agree that t his Contra ct recognizes the autonomy of and
stipulates. or implies ^no affiliation between the contracting parties, It is expressly -understood and:
intended that the Provider • is only a recipient of &hding, I support 'and is, not an agent or
itistmuietitality of the County. Izurthetrool the providet,s ageilts and employees are not agents or
employees of the County.:
XH. SURVIVAL. The parties acknowledge; that 'any of the obligations in this agreement,
including but not limited, tO,&vid6?sI obligafloft to indd fy the County, will survive the term,
termination, and cane Accordingly, the respective obligations vid
i cancellation hereof A jgations Of the. Pro .3 er, and,
the County under this 'agreement, which by would continue beyond the termination,
cancellation or expiration thereof, shall survive termination, cancellation or expirationbereof.
XHI. BREACH OFF CO'NTRACT.' COUNTY REMEDIES.
A. Breach A breach by the Provider shall have occurred under this Contract if, (I) the
Provider fails to provide the services outlined in the Scope of Services (Attachment A),within, the
effective terra of this Contract;; the Provider ineffectively Or Impropl the county funds
allocated under, this, Contract', (3) the, Provider 'deer not furnish, the CerflflbfttOs of Insurance
required' by this Contract or as determined by the County's Risk Management Division;. (4) the
Provider does not famish proof of licensure/certification or proof of background screening required
by this Contract; '(5) the Provider fails s to submit, or submits incorrect of incomplete proof of
expenditures to support disbursement requests or advance fWingilisbotswitonts or PWIO, 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 requited reports; (7) the Provider.
refuses. to allow the County access to records of refuses to allow 1 1 the County to tol evaluate
ajid review the Provider's program; (g) the Provider discriminates under any of the laws outlined
in Section V of this Contract vid, 0 .0
-,(0)tlrepto erlfailstoptolisti violonceLeave toits
employompursuant to local law;: , 10) the Provider; falsifies or violates the provisions of the Ding,
Free Workplace Affidavit (Attachment D); (11) the Prd*ldat attempts to meet its obligations
under this coiatract through fiaud, misrepresentation or material. misstatement; , (12)1 flic, Provfdor
fails to correct d4 'pocies,found during,a monitoring, evaluation or, review Withiri'the Specified
ci
time,;, (13) the Provider fails to meet the ,terms and conditions of any obligation under any :contract
or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities,;
(14) the Pra & fails tbsabmittlie Certificate ofCbfpotilt4bStgtUsBoard bfbiibtt6tstaqiiYerhent
lev. viox 6'OfM; CB
or proof of tax status, (15) f0ilS to Meet any of the terms and conditions of the Dade County
Affidavits (Attachment D) or the State,A[fdavit (Attachment. E); or (16) the Trovider fails to fulfift
in a.timely and proper manner any and all of its obligations6 covenants, agreements afid,stipulatibos
la this Contract. Waiver` I , of breach of any provisions of this Contract, shall not be deouned to be a
waiver, of any other breach and shall not be corfstrued, to be a modification of,the terms of this
Contract',
B, County Remedies If the Provider breaches this Contract, the County may pursue
� y�R�— .
an or all of the following rein edie§'
1, The County May terminate this Contract by giving, written notice to the
Provider of such termination, and specifying the effective date thereof at least. five (5) days before
the effective date of termination. in the event of t6ranniAtion, the County may:. (9) tectucst the
return of all flfflshdd or nufnishtd. document's, data studies, surveys, I drawings, maps, models,
photographs, reports prepared 404 secured by the Provider with C0101W funds uridert Contract;
(b) seek reimbursement of County funds allocated to the Provider under this Contract; or (c)
terminate or cancel any other contracts entered into 'between. the County and the Provider. The
Ptovider,shall be resporwibld for all direct and indirect costs associated such termination,
including attorney's fees;,
2. The:,Countymay suspend payment in whole or in part under this Contract by
providing written :notice to the Provider of such suspension. an(! specifying the effective date
thereof, .at least, five (5) d I ays before the effective date of suspension. On the effective date of
suspension the provider must immediately cease to provide services. to this Contract. All
payments to Provider as of this date shall cease. if payments are suspended', the County shall
specify, in writing the actions that Must be taken by rho Provider as condition precedent to
resumption of paynicuts And shall specify it reasonable dato,for compliance. The County may also
suspend any payments in whole or is part under any other contracts entered into between to
County and the provider, The Provider., shall be: responsible for all direct and indirect costs
associated With such suspension, including attomeys,'fees;
3., The County may seek enforcement of. this Contract including but, not limited.
to filing aaaction with a court of IL
propriate jurisdiction The Provider shall be responsible for all
direct and indirect costs associated with such enf6rcemant, including attcrnoy'sfccs,,
4. The from
The County maydebar theYrovider, future County contracting'
5. If, for any reason,, the Provider should atteruptfo meet its obligations under
this Contract throu6, fraud,': uristopr6§ohtfjjjon or material rul§staterfteut, the Comity shall, whenever
practitabidjetrainate this ontract by giving written notice W the Provider of such termination and
apecifying, the effective date thereof at least five (S) days Wore the OMetivo date Of such
teirnination, The County may terminate or cancel any other contracts Which such individual or
entity has with the County,. Such individual or entity shall b6, responsible ',for all. direct and indirect
costs associated, with such County:
or cancellation, including attorney's fees. Any individual or
entity who attempts to meet its contractual obligations with the county through fraud,
.misrepresentation or material misstatement may be disbarred -from county contracting for up to five
(5) years;.
Rev. 0/0 7 of,16 CB
6, Any other remedy available at law or equity.
C,, The County Manager authoriZed to terminate this Contract on behalf of the
ana is e
'County.
Di TD)amayes, Sustained. Notwithstanding the above, the'llrovider shall not be, relieved
of liability to the County f& daftiages, sustained by the County by virtue of any breach of the
Contract, and the county Way withhold any `payments to the Provider until such time as the exact
amount of damages due the County is, determined The County, m ay also. pursue any remedies
available at, law or equity to compensate I for "any damages sustained by the I breach, The" Provider,
shall be responsible for all difedudd indirect costs associated with such action, including; attorney's
fee's..
XIV, ILEMNATION BY PKITHE R PARTY. Both parties agree that, this Contract may be
terminated by either party hereto by written notice to the 6, flier party of such intent to fdrififtiate at
1669t thirty (30) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on the behalf of the County.
XV. PAYMENT PROCE DVRE Si The County agrem to pay the Provider f6f services tendered
under this Agreement based :on the payment schedule, the line ittali budget,, or both, which are
.incorporated herein and attached hereto; as Attachment R., Payment shall be made in accordance
with proceduresiouflinedbolow, in the Departruenes General Procedures Manual and if applicable,
the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94-40),
A. Reinibursement.grid Advances. The parties agree, that this is a cost -basis Agreement
And that dib Pr;v� �d. through. reimbursement payment based on the budget,. 'approved
under this Agreement (S I ep Attachment B) and when documentation of service delivery, is provided.
An advance up to the total amount payable under this Agreement may be paid to the Provider in one
lump sum payment: An advance of up to tweilty-five percent (25 %) of the total amount payable
under thi§ .AgretirAeii't may be paid to the ilrovider if approved in writing by .lie .L)epaftent; An
advance ofmore than twenty-five percent' (25 %)' may be paidto 1heTrovider if approved in writing
by the County Manager:,
The Provider's request for advance Payment must be submitted In writing and must specify
the Tdasons And Justifications for suchadvatice payment. Raced not be; accompanied by 4 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 sounder any circumstances,
A Provider shall limit . its%, request for an advance vanoo to once, during the'to of this Agreement.
if it Provider needs an additional advance for good` cause shown it shall request it in writing from
the Comity'Managet
B. No Payment of.Svbeoritractors. in no event shall County funds be advanced directly
to any subcontiaaorbereunder.
Sep. 9/07 80fl6 dr
C. Requests , forPafterit. The County agrees to pay 411, budgeted costs incurred by
f4b. Provider Which are allowable, under the County guidelines. in order to receive, payment for
allbwrble costs, the 'Provider, shall submit a, Monthly Summary of Expenditures Report and a
Mcmthiy Performance Report on-form s provided by the Department. The Department rnbstrec6iVb
'the Monthly Summary of Expenditure'skCP(nt and the Monthlypefformance, Report no later than
the 15" day of month following: the month tot in which services were provided, 'The monthly,
Sunu-nary of Expenditures Report shall reflect the expenses incurred by the Provider for the month
services were rendered and documented in the Monthly Performance Report,, Upon submission of
satisfactory required monthly:reports, the Department shall make pdyffteut;
I
The County will not approve payments for in-kind or volunteer services provided by the
Provider oft .behalf ofthe project. The .Department accept originals of invoice.-, receipts and
other. evidence ofiftclebtedness as proof of expcnditure: When original documents cannot be
prqduced, the Provider must adequately justify iiatily their absence in writing and famish, copibs as Proof
of the expenditures.
D,: Proeegsigg the,Requestfor Payment. Afterthe Department-reviews and approves the
payment. request, the Department will submit a check request to the County's Finance Department.
The County's Finahc& Department will issue , and rnsil the check directly to the Provider at the
address listed on page one (1) of this Agreement,, unless otherwise directed by the Provider, in
writing, The parties agree that the processing of a payment request from datei of submission shall
take a, minimum of thirty (30) days from receipt if support d6cumentatidn/filvoloeg are property
documented. It is the responsibility of the Provider to 'maintain sufficient, financial resources to
iricet the exp'; expenses during the period between the provision of services ;and payment by
County.
Failure, to submit monthly reimbursement requests in a.marmor deemed correct and
acceptable by the County, by the, 15'h day of each, month fd I llowitig the inbuth in Which, the service
was delivered, shall be considered a breach of this agreement and may result, in termination of this
Agreement.
E. Final i Re q uest: for n ment A f ing I request Per payment from the Provider w il I b e
accepted by'thd Department up p to forty4five'(45) days after the expirstion, of !his Agreement. If the
Provider fail' to comply; all rights to payment shall be forfeited, : The request, for the final payment
s
may include accruals cd`lhe personnel costs listed is Attachment Il which the Provider is obligated
to pay afterthe close of the p6riod,for services provided within the .tent of the Agredindrit.
F. Closeout Reporting,,krocess/Reggpture of.. Funds Upon the expiration of this
Contract, the IFto—vi4er shall submit Closeout Report documents to the Department no more than
forty-five (45) days after the expiration of this Contract, These documents shall. include a
cumulative year. end 'summary 'of Provifdek�§ Program performance, the Year-Prid Closeout Report
and the Property Juvdirfory Report, If after receipt of these Obe=611(8,11io-Department determines
that the Provider has been paid funds not.inaccordbrice with the Cbntraet, and to which it is, trot.
cntitled- � the Provider; shall return such funds. to the County or submit appropriate documentation.
The County shall have the I sole discretion in d6tetrainhigifthe Provider is entitled to such funds ant!
the County's decision di this ,matter 'shall be binding. Addifiorially;; any unexpended orunallocated
fitails, shall be recaptured by the County.,
ROJ,. #47 9 of76 CB
G. D149 Contract Management Manual, All requests for payment will be processed
pursuaut'to the Department's General Procedures Manual, The Department will provide a copy of
this Manual to Provider.
)M. P.ROTIIIDIT-Eil)tiSE'O)FFUNDS.
Ai Adverse Actions. or Proceeding. The Provider shall not utilise County finds to retain
legal counsel for any action or proceeding against the County or any of its Agents, in , st'rumentalitlesi
employees orofficials: The Provider shall not utilize County funds to provide legal representation,
advice or douns6LW any cflent'm�! any action or proceeding against the County or any ofits agents,,
ins entalitid%,employeegor oficials.
13. Religious Purposes: County funds shall not be used for religious purposes,
C., Coiniriirigling .&W& The Provider shall not commingle funds; provided under this
Contract,with funds receivafi= any other funding sources.
XVIT.. RECORDS REPORTS, AUDITS, MONITORING AN, ID
A. Certificate cfCorporate Status. The providerninsi submitio. the Department within
thirty (30) days from the date of execution of this Contracl:,, a certificate of status in the name of the
provider, Which certilfies the following: . that the provider is organized under the laws of the State� of
Florida; that all fees , and penalties have been paid;, that the providers most recent annual report has
been filed-, that its status Js, actives, ,and that the .provider has not filed an Article of DissolutioM
B. Board of Director Requirements: The Provider Aall insure that the goattl.Of
Directors is apprised of the fiscal, administrative and I contractual obligations of the project funded
through the County by passage of a forinal resolution authorizing execution of the Contract with the
County. Failure to provide a copy of the. resolution,within 15 days of execution of this contract may
result in termination of this Contract:
C. Proof of Tax Status.
documentation: (4) The LRS. tax
form 990,, (q) the anrmal subraissioij
year end; (d) IRS ,941 - Quarterly B
quartev ends and if the 941 reflects
(60j days after the quarter ends.
The Provider is required to submit o, the County the ,following
i
,gempt, status determination letter; (b) the, most recent LR.S'&.
�f IkS4, form 990 within (6) months after the Provider's fiscal
lerot Tax. Return Reports within thirty-five (35) days after the
tax, liability,, proof of payrnbritmust besubmitted within sixty,
Quarterly Expenditure Rej2orts The Provider is required to submit to the Department
the Quarterly Expenditure _ Report (Attachment 'I) which shall iefleathic actual quarterly expenses
incurred by the Provid6t. These reports are due to the DdPaftruenttfi*fve (35) days after the.
quarter ends.
E, AccountingRecordsk The Provider shall keep accounting records Which c6abMa
with generally accepted accounting principles. All such records will be, retained by,the Provider for
not less than fvo (5) years beyond the term ofthis Contract.
Rev. NO 10o
j,16 CH