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Res. No. 204-07-12589RESOLUTION NO.204-07-12589 A RESOLUTION OF1 THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE ALL APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYTEM IMPROVEMENT GRANT FROM MIAMI-DADE COUNTY FY 2007/08 FOR $3,976.00;TO DESIGNATE $1,325.00 FROM THE POLICE STATE FORFEITURE MISCELLANEOUS ACCOUNT #608-1910-521-9960,AS MATCHING FUNDS REQUIRED BY THE GRANT;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,theUnitedStates Department of Justice,throughthe Federal DrugControlandSystem Improvement Grant,has allocated through Miami-Dadecountyforthe South MiamiPoliceDepartment $3,976.00forthepurpose of CriminalJusticeRecordsImprovementwithinthepolicedepartment;and WHEREAS,Police Department desires tousethefundsto provide two(2)laptop computers, software licenses and annual air card services forthe patrol section;and WHEREAS,the required matching fundsforthe grant inthe amount of $1,325.00 would comeout of the Police State Forfeiture Account and would not adversely affect the operations of the department;and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1.TheCityManagerisauthorizedtoacceptandexecuteallapplicablecontractsand Documents fromtheFederalDrugControlandSystem Improvement Grantthrough Miami-Dade CountyFY2007/08inthe amount of $3,976.00. Section 2.TheCityManagerisauthorizedtodesignate$1,325.00fromthePoliceState Forfeiture Miscellaneous Account #608-1910-521-9960,with a current approximate balance of $8,864.00 asthe matching funds required bythegrant. Section 3.This resolution shalltake effect immediately upon execution. PASSED AND ADOPTED this fi_day of Aml^uI^.,2007. ATTEST: \CJJY CLERK-v-^^/ READ APPROVED: Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman To: Via: From: Date: Subject: Resolution: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami All-America City UBiir Agenda Item # The Honorable Mayor Feliu and Members of the City Commission Yvonne S.McKinley,City Manager u^fyty Vincent A.Landis,Chief of Police December 18,2007 2001 Accepting/executing contracts for the 2007/08 Federal Drug Control and System Improvement grant from Miami-Dade County A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FROM MIAMI-DADE COUNTY FY 2007/08 FOR $3,976.00;TO DESIGNATE $1,325.00 FROM THE POLICE STATE FORFEITURE MISCELLANEOUS ACCOUNT #608-1910-521-9960,AS MATCHING FUNDS AS REQUIRED BY THE GRANT;PROVIDING FOR AN EFFECTIVE DATE. Request:The United States Department of Justice through the Federal DrugControl and System Improvement Grant,has allocated through Miami-Dade County for the South Miami Police Department $3,976.00 for assistance in Criminal Justice Records Improvement.The required matching funds of the grant are $1,325.00 and would come of the Police State Forfeiture Miscellaneous Account #608-1910-521-9960 and would not adversely affect the operation of the department. Reason/Need:The Police Department desires to use the funds to provide two(2) laptop computers,software licenses and annual aircard services for the patrol section of the police department. Cost:$1,325.00 Funding Source:Police State Forfeiture Fund Approximate Beginning Balance Request Approximate Ending Balance $8,864.00 $1,325.00 $7,539.00 Backup Documentation:Draft Resolution &Contract ADA Coordination AgendaCoordination Animal Services Artin Public Places Auditand Management Services Aviation Building Building CodeCompliance BusinessDevelopment CapitalImprovements Citizens'IndependentTransportationTrust Commission on Ethics and Public Trust Communications Community Action Agency. Community&Economic Development CommunityRelations Consumer Services Corrections &Rehabilitation Cultural Affairs Elections Emergency Management EmployeeRelations EmpowermentTrust EnterpriseTechnologyServices EnvironmentalResourcesManagement FairEmploymentPractices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust HousingAgency HousingFinanceAuthority Human Services IndependentReviewPanel International Trade Consortium Juvenile Assessment Center Medical Examiner Metro-Miami Action Plan MetropolitanPlanningOrganization Park and Recreation PlanningandZoning Police Procurement Management PropertyAppraisal PublicLibrarySystem Public Works SafeNeighborhoodParks Seaport SolidWasteManagement StrategicBusinessManagement Team Metro Transit Task Force on Urban Economic Revitalization VizcayaMuseumAndGardens Water &Sewer Human Services Byrne Grant Administration Dr.Martin Luther King,Jr.Office Plaza 2525 N.W.62nd Street •Suite 4000 Miami,Florida 33147 T 305-514-6000 F 305-514-6157 October 10,2007 Chief Vincent Landis South Miami Police Department 6130 Sunset Drive South Miami,FL 33143 RE:Contract Award FY2008 DrugControlandSystem Improvement Program Dear Chief Landis: We are pleased to provide you with the contract for your program under the Dade County Drug Control and System Improvement Program FY2008.The federalfundsare $3,976 andthe25%CashMatchwhichyourcityhas agreed to provide is $1,325,making thetotalamountofthe project budget not to exceed $5,301. Weare providing youwith copies of4 original contracts foryour program. Each of thefourcontractsmusthavethe ORIGINAL signatures of the Manager/Mayor and City Clerk,and must have thecity seal affixed on the contract signature page.Also,the contracts include several Affidavits which require an ORIGINAL and notarized signature.Upon signing by your city officials,the contracts aretobe returned tothisofficealongwiththeCity Council resolution to accept these funds.Ourstaffwill complete the execution process inthe County and send you a fully executed contract for your records. Reimbursement forFirstQuarter expenditures canoccurONLY if the contract is fullysignedbythe jurisdiction and returned tothe Department of Human Serviceswiththeaccompanyingcouncilresolution. In accordance with your communication withthis office,itisour understanding thatLt.BruceRosswillbeyour designated contactpersonforthisproject.As such,allroutine correspondence and reporting activities throughout the grant year will be directed to their attention.Please notify us immediately if this designation changes. Ifyou have any questions on this matter,please contact meor LaWanda S.Scott of mystaff,at 514-6125.Ilook forward toworkingwithyouthis year! Sincerely, Michaela Doherty Project Director Enclosures r :..:..-./•••/" miamidade.gov MIAMI-DADE COUNT* ADA Coordination AgendaCoordination Animal Services Art in Public Places AuditandManagementServices Aviation Building BuildingCodeCompliance Business Development Capital Improvements Citizens'IndependentTransportationTrust Commission on Ethics and Public Trust Communications CommunityActionAgency Community &EconomicDevelopment CommunityRelations Consumer Services Corrections &Rehabilitation Cultural Affairs Elections EmergencyManagement EmployeeRelations EmpowermentTrust Enterprise TechnologyServices EnvironmentalResourcesManagement Fair EmploymentPractices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust HousingAgency HousingFinance Authority- Human Services IndependentReviewPanel International Trade Consortium Juvenile Assessment Center Medical Examiner Metro-Miami Action Plan Metropolitan Planning Organization Park and Recreation PlanningandZoning Police Procurement Management PropertyAppraisal PublicLibrarySystem Public Works SafeNeighborhood Parks Seaport SolidWasteManagement Strategic BusinessManagement Team Metro Transit ( TaskForce on Urban Economic Revitalization Vizcaya Museum And Gardens •Water &Sewer November 6,2007 Chief Vincent Landis South Miami Police Department 6130 Sunset Drive South Miami,FL 33143 Re:FY2008 Contracts Section XVII;ItemA,Budget Variance Dear Sirs: Human Services Byrne Grant Administration Dr.MartinLuther King,Jr.OfficePlaza 2525 N.W.62nd Street •Suite 4000 Miami,Florida 33147 T 305-514-6000 F 305-514-6157 miamidade.gov This letter serves asformalnoticetoreviseyourcontractforFY2008.In an efforttoreflectguidelinesestablishedby FDLE,we will need to change the allowable percentage for current budget variances.Under Section XVII Project Budget and Payment Procedures;Item A,Budget Variance,the following will apply: The current statement reads; A.Budget Variance.Funds may be shifted between approved line items,notto exceed fifteen percent (15%)of the total budget, without a written amendment.Variances greater than fifteen percent (15%)in any approved lineitemshall require awritten amendment approved by the Department. The new statement will read; A.Budget Variance.Funds may be shifted between approved line items,not to exceed ten percent (10%)of the Federal budget, without a written amendment.Variances greater than ten percent (10%)in any approved line item shall require a written amendment approved by the Department. Please make note of the change for your records.So that there isno compromise to the legal language contained in your contract,please donot make any revisions to your contract.This written communication serves as notice of the above stated change as required under Section XIII of your contract.All necessary revisions will be made in this office once we have received your signed contracts.Fully executed contracts returned to your city will contain the revised statement. If you have any question regarding these revisions or any partofyour contract please do not hesitate to contact myself or LaWanda S.Scott of this office at (305)514-6000. Sincerely, .-Michaela Doherty Project Director MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract,made this A^day of Y^C^200^by and between Miami-Dade County,a politicar subdivision of the State of Florida (hereinafter referred to as "County")through its Department of Human Services (hereinafter referred to as Department^ located at 2525 N.W~62n0 Street.Suite d??R -Miami.FL 33147.and the CITY OF SOUTH MIAMI located in Miami-Dade County,Florida (hereinafter referred to as "Provider"),provides the terms and conditions pursuant to which the Provider shall provide a Criminal Justice Record Improvement Project. WHEREAS,the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690,the Federal Anti-Drug AbuseActof1988,hereinafterreferredto as the ACT;and WHEREAS,the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution,motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body,authorizing the execution of the Contract,including all understandings and assurances contained herein,and authorizing the person identified as the official representative of the Provider to carry out on behalf ofthe Provider all ofthedutiesand responsibilities set forth in this Contract;and WHEREAS,this Contract shall be deemed effective upon award of grant funds by theStateof Florida Department of Law Enforcement,Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties,whichever is later;and WHEREAS,the County is desirous of supporting an expansion ofthe services provided by the Criminal Justice Record Improvement Project by providing a portion of the federalfundsawardedto Miami-Dade County tothe Criminal Justice Record Improvement Project;and WHEREAS,the County-as-contraetor/grantee fortheStateof Florida is authorized to purchase said services for the Criminal Justice Record Improvement Project as an allowable activity under the ACT;and WHEREAS,the County requires the above-mentioned services from the Provider in orderto fulfill its'contractualobligationsundertheaforementionedgrant, NOW,THEREFORE,for and in consideration ofthe mutual covenants recorded herein,the parties hereto agree as follows: I.AMOUNT PAYABLE Subject to available funds,the maximum amount payable for servicesrenderedunderthis Contract,shall notexceed $3,976.Both partiesagreethatshould available County funding be reduced,the amount payable under this Agreement may be proportionately reduced at the optionoftheCounty. Page1 of 12 II.SCOPE OF SERVICES.The Provider agrees to render services in accordance with theScopeofServicesincorporatedhereinandattachedhereto as Attachment A. HI.EFFECTIVE TERM.The effective termofthis Agreement shall be from October 1,2007 through September 30,2008. IV.CASH MATCHREQUIREMENT.TheProvidershallmaintainsufficient financial resourcestomeetthe expenses incurred during the period betweenthe provision ofservices and payment by the County,including the required 25%Cash Match,and provide all equipment and supplies required forthe provision of services. V.REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A.Requirements ofthe Anti-Drua Abuse Act.The Provider agreesto abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program,including Rule Chapter 9B-61 of the Florida Administrative Code.Furthermore,the Florida Department of Law Enforcement,Business Support Program,Office of Criminal Justice Grants,Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws,rules,regulations relating thereto are incorporated herein by reference as if fully set forth. B Supplanting.The Provider agrees that funds received under this Contract shall be utilized to supplement,not supplant state or local funds,and will be used to increase the amounts of such funds that would,in the absence of grant funds,be made available for anti drug law enforcement activities,in accordance with Rule Chapter 9B-61.006 (5),Florida Administrative Code. V|.CONTINUITY OF SERVICES.Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and,if not,by a qualified replacementwhennecessary. V||PROGRAM CONTACT.Provider shall designate a contract coordinator who shall be responsible for:1)monitoring the Provider's compliance with the terms of this Contract and;2) whenever the County so requests,meeting with County staff to review such compliance. Vm INDEMNIFICATION BY THE PROVIDER.The Provider shall indemnify and hold harmless the County and its officers,employees,agents and instrumentalities from anyand all liability losses or damages,including attorneys'fees and costs of defense,which the County or its officers employees,agents or instrumentalities may incur asa result of claims,demands, suits causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Contract by the Provider or its employees,agents, servants,partners,principals or subcontractors.Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name ofthe County,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may issue thereon.Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify,keep and save harmless and defend the County or its officers,employees,agents and instrumentalities as Page2 of 12 herein provided.The provisions of this section or indemnification shall survive the expiration or termination of this Contract. IX INSURANCE If Provider is an agency or a political subdivision of the State as defined bv section 768.28,Florida Statutes,the Provider shall furnish the County,upon request written verification of liability protection in accordance with section 768.28,Florida Statutes.Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. x LICENSURE AND CERTIFICATION.The Provider shall ensure that all other licensed professionals providing Criminal Justice Record Improvement services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession.Ignorance on the part of the Provider shall in no way relieve it from anyofits responsibilities inthis regard. X|.CONFLICT OF INTEREST.The Provider agrees to abide by and be governed by Miami- Dade County Ordinance No.72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al.ofthe Code of Miami-Dade County),as amended,which is incorporated herein by reference as if fully set forth herein,in connection with its Contract obligations hereunder. XII.CIVIL RIGHTS.The Provider agrees to abide by Chapter 11A ofthe Code of Miami- Dade County ("County Code"),as amended,which prohibits discrimination in employment, housing and public accommodations;Title VII of the Civil Rights Act of 1968,as amended, which prohibits discrimination in employment and public accommodation;the Age- Discrimination Act of 1975,42 U.S.C.,§2000 das amended,which prohibits discrimination in employment because of age;Section 504 of the Rehabilitation Act of 1973,29 U.S.C.§794,as amended,which prohibits discrimination on the basis of disability;and the Americans with Disabilities Act,42 U.S.C.§12103 et seq.,which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws,the County shall have the right to terminate this Contract.It is further understood that the Provider must submit an affidavit attesting thatitis not in violation ofthe Americans with Disability Act,the Rehabilitation Act,the Federal Transit Act,49 U.S.C.§1612,and the Fair Housing Act,42 U.S.C.§3601 et seq.If the Provider or any owner,subsidiary,or other firm affiliated with or related tothe Provider,is found bythe responsible enforcement agency,the Courts or the County to be in violation of these Acts,the County will conduct no further business with the Provider.Any contract entered into based upon a false affidavit shall be voidable by the County.If the Provider violates any of the Acts during the term of any Contract the Provider has with the County,such contract shall be voidable by the County,even if the Provider was notinviolationat the timeit submitted itsaffidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as§11A-60 et seq.of the Miami-Dade County Code,which requires an employer,who in the regular course of business has fifty (50)or more employees working in Miami-Dade County for each working day during each of twenty (20)or more calendar work weeks to provide domestic violence leave to its employees.Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. Page3 of 12 XIII.NOTICES.Notice underthisContract shall be sufficient if madein writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either partymayspecify: Ifto the COUNTY: If to the PROVIDER: Miami-Dade County Department ofHumanServices 2525NW 62nd Street,Suite4225 Miami,Florida 33147 Attention:Ms.Michaela Doherty South Miami Police Department 6130 SW 72nd Street South Miami,FL 33143 Attention:Lt.Bruce Ross XIV AUTONOMY.Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties.It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County.Furthermore,the Provider's agents and employees are not agentsor employees ofthe County. XV.BREACH OF AGREEMENT:COUNTY REMEDIES. A Breach A breach by the Provider shall have occurred under this Contract if:(1) The Provider fails to provide services outlined in the Scope of Services (Attachment A)within the effective term of this Contract;(2)the Provider ineffectively or improperly uses the funds allocated under this Contract;(3)the Provider fails to submit,or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports;(4)the Provider does not submit or submits incomplete or incorrect required reports;(5)the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program;(6)the Provider discriminates under any of the laws outlined in Section XII of this Contract;(7)the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law;(8)the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D);(9)the Provider attempts to mee its obligations under this Contract through fraud,misrepresentation or material misstatement;(10) the Provider fails to correct deficiencies found during a monitoring,evaluation or review within the specified time;(11)the Provider fails to meet any of the terms and conditions of the Miami-Dade County Affidavits (Attachment D);(12)the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities;or (13)the Provider fails to fulfill in a timely and proper manner any and all of its obligations,covenants,agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B.County Remedies.If the Provider breaches this Contract,the County may pursue anyor all ofthe following remedies: Page4 of 12 1 The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5)days before the effective date of termination.In the event of termination,the County may:(a) request the return of all finished or unfinished documents,data studies,surveys,drawings, maps models,photographs,reports prepared and secured by the Provider with County funds under this Contract;(b)seek reimbursement of County funds allocated to the Provider under this Contract;(c)terminate or cancel any other contracts entered into between the County and the Provider.The Provider shall be responsible for all direct and indirect costs associated with such termination,including attorney's fees; 2 The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof at least five (5)days before the effective date of suspension.If payments are suspended the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance.The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider.The Provider shall be responsible for all direct and indirect costs associated with such suspension,including attorney's fees; 3.The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction.The Provider shall be responsible for all direct and indirect costs associated with such enforcement,including attorney's fees; 4.The County may debar the Provider from future County contracting; 5.If,for any reason,the Provider should attempt to meet its obligations under this Contract through fraud,misrepresentation or material misstatement,the County shall,whenever practicable terminate this Contract by giving written notice to the Provider of such"termination and specifying the effective date thereof at least five (5)days before the effective dateofsuch termination.The County may terminate or cancel anyother contracts which such individual or entity has with the County.Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees.Any individual or entity who attempts to meet its contractual obligations with the County through fraud,misrepresentation or material misstatement may be disbarredfromCountycontractingforupto five (5)years; 6.Any otherremedy available at law orequity. C.The County Manager is authorized to terminate this Contract on behalf of the County. D.Damages Sustained.Notwithstanding theabove,the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach ofthe Contract,andthe County may withhold any payments tothe Provider until such time as the exact amount of damages due the County is determined.The Provider shall be responsible for all directand indirect costsassociated with suchaction,including attorney'sfees. XVI.TERMINATION BY>EITHER PARTY.Both parties agreethat this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60)days prior to the effective date of such termination.The County Manager is authorized to terminate this Contract on behalf of the County. Page5 of 12 XVII.PROJECT BUDGET AND PAYMENT PROCEDURES.The Provider agrees that all expenditures or costs shallbemadein accordance with theBudgetwhichis attached herein and incorporated hereto as Attachment B. A.Budget Variance.Funds may be shifted between approved line items,notto exceed fifteen percent (15%)ofthetotalbudget,without a written amendment.Variances greater than fifteen percent (15%)in any approved line item shall require a written amendment approved by the Department. B.Recapture Funds.At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice,the County will review the Provider's Year-To- Date expenditures. 1.Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents thosestepsthe municipality will take in the Fourth Quarterto fully expend the contract by the end ofthe program year. 2.ThisexpenditureplanmustbeapprovedbytheCounty. 3.Wherethe municipality doesnot anticipate full expenditures by theendof the program year,the County will recapture the anticipated unexpended amount for use in anotherprogram,withoutaformal amendment process. C.PaymentProcedures.The County agrees topaytheProviderforservices rendered under this Contract basedonthe line item budget incorporated herein and attached hereto as Attachment B.The parties agree that this is a cost-basis Contract andthe Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B).The Provider agrees to invoice the County for each Criminal Justice Record Improvement using the Quarterly Project Performance Report & Invoice as it appears in Attachment C,and to do so on a quarterly basis,as stated in Section XIX.B.1.The Quarterly Project Performance Report &Invoice shall be prepared in a manner in accordance with the form provided in Attachment C.The final Quarterly Project Performance Report &Invoice shall be submitted by October 15,2008. D.The Provider agrees to mail all invoices to the address listed above,Section XIII. E.The County agrees to review invoices and to inform the Provider of any questions.Payments shall be mailed to the Provider by the County's Finance Department. F.No payment of subcontractors.In noevent shall county fundsbe advanced directly toany subcontractor hereunder. XVIII.INVENTORY-CAPITAL EQUIPMENT ANDREAL PROPERTY. A.Acquisition of Property.The Provider is required tobe prudent in the acquisition and management of property with federal funds.'Expenditure of funds for the acquisition of new property,when suitable property required for the successful execution of projects is Page6 of 12 already available within the Provider organization,will be considered an unnecessary expenditure. B Screening,Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipmentareadyinthepoSse5SionoftheProviderorganizationcanmeetidentifiedneedsWhilethereisnoprescribedstandardforsuchreview,the Provider procedures may establish levels of reviewSependentonStoresuchasthecostoftheproposedequipmentandthesizeoftheProuderorganizationTheestablishmentofascreeningcommitteemayfacilitatetheprocess;howeverS2PovdermayutilizeothermanagementtechniqueswhichitfindseffectiveasabasisfordeterSthatthepropertyisneededandthatitisnotalreadywithinheProvidersoSnTzaSi.TheCouVmust ensure that the screening referenced above takes place and?hat?he Provider has an effective system for property management.The Provider is hereby nformed that if the County is made aware that the Provider does not empby an adequatepropTr^'management system,project costs associated with the acquisition of the property may be disallowed. C Ioss.Damage nr Theft of Equipment.The Provider is responsible for replacing or repairing the property which is willfully or negligently lost,stolen,damaged or destroyed.Anylossdamage,o?theft of the property must be investigated and fully documented and made part of the officialproject records. D Equipment Acnuired with Crime Control Act Block/Formula Funds.Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E Management.The Provider's procedures for managing equipment (including replacement),whether acquired in whole or in part with project funds,will,at a minimum,meet the following requirements:1)Property records must be maintained which include description of property,serial number or other identification number,source of the property,identification of who holds the title,acquisition date,costs of the property,percentage of County participation in the cost of the property (Federal funds),location of property,use and condition of the property, disposition data including the date of disposal and sale price;2)a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 vears;3)a control system must exist to ensure adequate safeguards to prevent loss,damage or theft of the property.Any loss,damage,or theft shall be investigated by the Provider as appropriate;4)adequate maintenance procedures must exist to keep the property in good condition;and 5)if the Provider is authorized or required to sell the property,proper sales procedures must be established to ensure the highest possible return. F Retention of Property Records.Records for equipment,nonexpendable personal property,and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County.If any litigation,claim or audit is started before the expiration of the 3-year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. XIX.RECORDS.REPORTS.MONITORING AUDITS.AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detefl \o provide any reports thatmaybe requested by the County. Page7 of 12 A.Records.All program records will be retained bythe Provider for notless than three (3)years beyond the term of this Agreement.In accordance with contract requirements from theStateof Florida,records for theCriminal Justice Record Improvement Project services must reflect: 1.Thenamesofstaff providing servicesasdescribedinAttachmentA. 2.The dates andnumberofhoursthestaffprovided services. 3.Thedatesof services and activities and thenamesof program participants in attendance to such as described in Attachment A. 4.The records of all other program services provided under this Agreement. B.Reporting Requirements. 1.Quarterly Project Performance Report and Invoice.The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15,April 15,July 15,and October 15,2008 covering the Agreement activity for the previous quarter.The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2.Other Required Reports.The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C Changes to Reporting Reouirements.The Provider understands that the County may at any time require changes in data collected,records or reporting,as may be necessary and agrees to comply with any such modifications. D Monitoring and Audit.The Provider shall make available for review,inspection monitorinq or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement.The Provider shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards The County reserves the right to require the Provider to submit to an audit of the County's"Choosing.™he™°reLtheProviderunderstands,it may be subject to an audit,random or otherwise,by he Office of the Dade County Inspector General or independent private sector inspector general retained by the OfficeoftheInspectorGeneral. E Office of Miami-Dade County Inspector General.Miami-Dade County has established the Office of the Inspector General,which is empowered to perform random audits on all County contracts throughout the duration of each contract.Grant recipients are exempt from paying the cost of the audit,which is normally 1/4 of 1%of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs,contracts,transactions, accounts,records,and programs.In addition,the Inspector General has the power to subpoena witness,administer oaths,require the production of records and monitor existing projects and programs.Monitoring of an existing project or program may include a report Page8 of 12 concerning whether the project is on time,within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness ofproposedchangeorderstotheContract.The Inspector General is empowered o retain the services of independent private sector inspectors general to audit,investigate,monitor, oversee,inspect and review operations,activities,performance and procurement process including but not limited to project design,bid specifications,proposal submittals,activities of the Provider its officers,agents and employees,lobbyists,County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10)days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General,the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying.The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession,custody or control which,in the Inspector General or IPSIG's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files,change order estimate files,worksheets,proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents, proposal and contract documents,back-charge documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received, payroll and personnel records,and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider,its officers,agents,employees, subcontractors and suppliers.The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed bythe Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability onthe County bythe Provider or third parties. F.Independent Private Sector Inspector General Reviews.Pursuant to Miami- Dade County Administrative Order 3-20,the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"),whenever the County deems it appropriate to do so.Upon written notice from the County,the Provider shall make available tothe IPSIG retained by the County,all requested records and documentation pertaining to this agreement for inspection and copying.The County shall be responsible for the payment of these IPSIG services,and under no circumstances shall the Provider's budget and any changes thereto approved by the County,be inclusive of any changes relating to these IPSIG services. The terms of this provision herein,apply to the Provider,its officers,agents,employees, subconsultants and assignees.Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations,activities and performance of the Provider in connection with this Contract,The terms of this Section shall not impose any liability on the County by the Provider or any third party. Page9 of 12 G.Evaluation Studies.The Provider agrees to participate in evaluation studies sponsored bythe administrative agent for these funds from the Florida Department ofLaw Enforcement,Business Support Program,Officeof Criminal Justice Grants.This participation shall at a minimum include access to the Provider's premises and records. XX.PROHIBITED USE OF FUNDS. A.Adverse Actions or Proceeding.The Provider shall not utilize County funds to retain legal counselforanyactionorproceedingagainsttheCountyoranyofitsagents, instrumentalities,employees or officials.The Provider shallnotutilizeCountyfundstoprovide legalrepresentation,adviceorcounseltoany client in anyactionorproceedingagainstthe Countyoranyofits agents,instrumentalities,employeesor officials. B.Religious Purposes.County funds shall not be used for religious purposes. C.Commingling Funds.The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXL MISCELLANEOUS. A.Contract.This Contract is the complete and exclusive statement ofallthe arrangements between the County and the Provider regarding provision ofthe services describedinAttachmentsAand B.Nothing hereinshallalter,affect,modify,change orextend any other agreement between the Provider and the County unless specifically stated herein. B.Amendments and Modifications.Except as otherwise enumerated herein,no amendment tothisContractshallbe binding oneitherparty unless reducedto writing,signedby both parties,and approved by the County Manager.Provided,however,thatthe County may effect amendments tothisContract without the written consent oftheProvider,toconformthis Contract tochanges in the laws,directives,guidelines,and objectives of County,State and Federal Governments. Any alterations,variations,amendments,or other modifications of this Contract,including but not limited to amount payable and effective term,shall only be valid when they have been reduced to writing,duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service,line item budget of more than fifteen percent (15%)of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties.The County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C.Ownership of Data and Other Material.All reports,information documents,tapes and recordings,maps and other data and procedures developed,prepared,assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Providerin accordance with thetermsofthisContractshall become thepropertyoftheCounty without restriction,reservation or limitation of their useand shall bemade available tothe County by the Provider at any time upon request by the County.Upon completion of all work contemplated under this Contract,copies of all of the above data shall be delivered to the County upon request. Page10 of 12 D P.nntr*ct Guidelines.This Contract is made in the State of Florida and shall begovernedaccordingtothelawsoftheStateofFlorida.Proper venue for this Contract shall be Miami-Dade County,Florida. E Publicity.It is understood and agreed between the parties hereto that thisProviderisfun£d~b7Miami-Dade County.Further,by acceptance of these funds,the Providera^W eSSi and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade CountyDepartmentofHumanServices,the Florida Department of Law Enforcement (FDLE)and the U.S.Department of Justice,Bureau of Justice Assistance (BJA). F Subcontracts.The Provider agrees not to enter into subcontracts,retain consultants or assiqn,transfer,convey,sublet,or otherwise dispose of this Contract or any orSTtertahtetftleointerestherein,or its power to execute such Contract without the priorwittlfapp9rova.of the County and that all subcontractors or assignees shall be^governedby the terms and conditions of this Contract.If this Contract involves the expenditure of $100,000ormorebytheCountyandtheProviderintendstousesubcontractorstoprovideheservices Hsted in the Scope of Services (Attachment A)or suppliers to supply the materials,the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E.The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment Ewithout prior written approval of the County. G Headings.Use of Singular and Gender.Paragraph headings are for convenience'only and are not intended to expand or restrict the scope or substance of the provisions of this Contract.Wherever used herein,the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine,feminine or neuter as the context requires. H Total of Contract/Severabilitv of Provisions.This twelve (12)page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all theterms and conditions agreed upon bythe parties: Attachment A:Scope of Services Attachment B:Budget Attachment C:Quarterly Project Performance Report &Invoice Attachment D.Miami-Dade County Affidavits Attachment D1:Codeof Business Ethics Attachment D2:Miami-Dade County Debarment Disclosure Affidavit Attachment D3:State Public Entities Crime Affidavit Attachment E.Provider's Disclosure of Subcontractors and Suppliers No other Contract,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto.If any provision of this Contract is held invalid or void,the remainder of this Contract shall not be affected thereby if such remainder wouU then continue to conform tothe terms and requirement of applicable law. Page11 of 12 IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed by their respectiveandduly authorized officers,thedayandyear first above written. Yvonne S.McKinley Name (typed) ATTEST: City Manager Title By:Bv:Maria M.Menendez (jftpcz^Qy>QtfJ^-^(Corporate Seal) ATTEST: ,'RUVIN,CLERK LERK •••* Page12 of 12 OUNTY,FLORIDA rM.BURGESS COUNTY MANAGER ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT D1 ATTACHMENT D2 ATTACHMENT D3 ATTACHMENT E SUMMARY OF ATTACHMENTS Scope of Services/Program Narrative Program Budget Quarterly Project Performance Report &Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider'sDisclosureof Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name:SOUTH MIAMI Address:6130 SW 72 Street, South Miami,FL 33143 Program Area:Records Improvement Program Name:Records Improvement Contact Person:Lt.Bruce Ross Contact Numbers:663-6313 Office 663-6337 Fax Program Dates:10/01/07 through 09/30/08 Target Population:City Residents Problem Identification South Miami PoliceDepartmentwasawardedgrantfunds in year2000,to begin its conversion toa paperless systemof criminal justice reporting.Theybegan their efforts with supplying patrol officers with laptop computers.This allowed officers to complete reports conduct background checks while on routine stops.Although the department wasableto purchase 28 laptops,they fell short in being ableto supply eachoftheir officers with equipment. Additionally,someofthe computers are now between five andsevenyears old andare in need of repair or replacement. Program Description Keeping current with equipmentandsoftwarethedepartment wishes topurchasenew equipment for patrol officers.The equipment will makeit possible to access necessarydata from NCIC/FCIC without calling the dispatcher.Many times,adispatcherissobusy handling these various responsibilities thatan officer will havetowaittoreceive information thatthey haverequested.Thisdelaycanendangeran officer's life.Oncean officer canaccess NCIC/FCIC from the patrol vehicle,thedispatcher will be relieved ofthis additional duty,and the officer will have the information at his/her fingertips. Incorporating laptop reporting atthe patrol officer's level would establishamore efficient record keeping process.Theuseoflaptops will reducethetimeneededtostoredataand provide for amoreaccurate record of police services.South Miami will beableto transmit and receive information when conducting FCIC and NCIC checks.Additionally,the department can share information with other locallaw enforcement agencies.Grant funds will be used to purchaseequipmentto improve thedepartment's criminal justicerecordssystem. Year One Activities/Accomplishments &Unmet Needs On the cutting edgeof providing services to their residents,thisyearSouth Miami's Police Department automatedseveralofthe functions of their patrol unit.This innovative approach to increasing the efficiency of policing serviceshasbeena proven success thispast year. Program activities included thepurchase,installation and distribution of equipment. In the2006/2007fiscalyear,thedepartment will continuetheirstrategyofupgrading program equipment with thepurchaseof hardware and software toenablean information exchange between the police departmentand NCIC /CJIC datasystems.Already,severalother police departments—including the county police service—are establishing wireless protocols to exchange criminal justice information.Grant funds wereusedtopurchasea laptop,with accessories anda year ofwirelessservicefor the special investigations detectives. Additionally funds will be used to purchase a digital camera and scanner. Year Two Activities/Accomplishments &Unmet Needs The South Miami Police Department hasusedgrant funds tohelp improve their criminal justice records management system for the past two years.As such they have improved on the automation oftheirrecordsmanagementsystem with upgrading equipmentto provide interfacing with NCIC and FCIC data bases and records maintenance.In the new grant year, South Miami will continue to improve upon quality and efficiency when providing police services. The department's Patrol Unit currently has 30 officers.While most of the officers have mobile laptop computers,many of these laptop devices have become outdated and obsolete.The department has determined that monies are better used to replace this equipment rather than endure the costly expense of repairing or upgrading them.The police department is proposing to purchase to additional laptop computers for the patrol unit.JAG funds will be used to purchase two laptop computers,with accessories and a year of wireless service.These computers will allow access to a paperless report writing system and to necessary information that will streamlinethe investigative process and case filing procedures. Jurisdiction Name:SOUTH MIAMI Address:6130 SW 72 Street, South Miami,FL 33143 ProgramArea:Records Improvement Program Name:Records Improvement Proposed Activities Contact Person:Lt.Bruce Ross Contact Numbers:663-6313 Office 663-6337 Fax ProgramDates:10/01/07 through 09/30/08 Target Population:City Residents Planned Measures Monitoring Plan 15C.08 To automate criminal justice records system duringthe grant year. Purchase laptop computers, accessories and wireless services for the patrol unit. Program Plan and Activity Schedule. Copies of invoices formaterials purchased. Lt.Bruce Ross,SMPD Michaela Doherty,DHS ATTACHMENT B PROGRAM BUDGET Jurisdiction Name:SOUTH MIAMI Program Area:Record Improvement ProgramName:Record Improvement Program Salaries and Benefits,Total Operating Capital Outlay Laptop computers 2@ $1400 ea. Software licenses 2@ $530.50 ea. Air card service annually 2@ 720 ea. Contractual Services,Total Expenses,Total Total Budget Dade County will reimburse an amount not to exceed: The 25%CASH MATCH for this grant is: The source of the CASH MATCH is: General Funds,Cityof South Miami OCClevel begins at $500. 10/6/2007,Sm$08 Contact Person:Lt.Bruce Ross (305)663-6313 PH -(305)663-6337 FX Program Dates:10/01/07 -09/30/08 $3,976 $1,325 $2,800 $1,061 $1,440 $0 $5,301 $0 $0 $5,301 ATTACHMENT C Edward Byrne Memorial Stateand Local Law Enforcement Assistance Formula Grant Program Drug Control andSystem Improvement Formula GrantProgram Quarterly Project Performance Report RECORD IMPROVEMENT PROJECT PURPOSE AREA 15B (City) (Project Name) (Name of Person Completing Form)(Title)(Phone) STATE ID NUMBER:2008-JAGC-DADE -11-Q9-104 "•:ReportNumber >*•'"'•Quarterly:Period Report Due Dates 1 October 1 -December 31 January 15 2 January 1-March 31 ApriM5 3 April1-June 30 July 15 4 July 1-September 30 October 15 ._•'.,Report Number Quarterly Period Report Due Dates Note:Those questions that are directly relatedto your program have been highlighted for your convenience.All questions must be answered andexplainedin the NARRATIVEportionof this report. AnyreportnotreceivedbyJanuary 16;April 16;July 16;and/orOctober16,willresultinthe issuance ofa "Noncompliance Notice"andadelayordenial of Reimbursement Requests. FY 2 0 0 8 Qu a r t e r l y Pr o j e c t Re p o r t Cr i m i n a l Ju s t i c e In f o r m a t i o n Sy s t e m 15 B Re c o r d Im p r o v e m e n t Pr o j e c t Pl e a s e a n s w e r t h e hi g h l i g h t e d qu e s t i o n s t h a t co r r e s p o n d to y o u r pr o j e c t 15 C . 2 0 To p u r c h a s e e q u i p m e n t fo r cr i m i n a l ju s t i c e r e c o r d s i m p r o v e m e n t a c t i v i t i e s i n t h i s pr o j e c t . 20 a W a s e q u i p m e n t o d e r e d f o r p r o j e c t o p e r a t i o n s d u r i n g t h i s q u a r t e r ? 20 b . W a s e q u i p m e n t fo r pr o j e c t o p e r a t i o n s r e c e i v e d d u r i n g t h i s qu a r t e r ? 20 c . W a s eq u i p m e n t fo r p r o j e c t o p e r a t i o n s di s t r i b u t e d du r i n g t h i s q u a r t e r ? 20 d . W a s eq u i p m e n t fo r p r o j e c t op e r a t i o n s us e d du r i n g th i s qu a r t e r ? 15 C . 2 1 To c o n v e r t a m a n u a l r e c o r d s s y s t e m i n t o a n e l e c t r o n i c r e c o r d s r e t e n t i o n s y s t e m f o r t h e pu r p o s e o f cr i m i n a l ju s t i c e r e c o r d s i m p r o v e m e n t 21 a . Ho w ma n y ma n u a l re c o r d s we r e co n v e r t e d to a n el e c t r o n i c re c o r d s re t e n t i o n sy s t e m du r i g t h i s qu a r t e r ? 21 b . Ho w ma n y ov e r t i m e ho u r s we r e us e d t o co n v e r t ma n u a l re c o r d s to a n el e c t r o n i c re c o r d s re t e n t i o n sy s t e m ? P R O G R A M N A R R A T I V E In ac c o r d a n c e wi t h FD L E , al l pr o j e c t s mu s t in c l u d e a de t a i l e d de s c r i p t i o n of pr o g r a m ac t i v i t i e s fo r e a c h q u a r t e r . Ju r i s d i c t i o n s fa i l i n g to co m p l e t e th i s po r t i o n of t h e re p o r t wi l l be "O u t of Co m p l i a n c e " in ad d i t i o n to a de n i a l of de n i a l of re i m b u r s e m e n t re q u e s t s . Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) City: Project Name: Telephone: Name of Person Completing Form: 1.Total Federal Budget $. 3.Amount of Previous Invoices $ Sub Object Code Budget Categories Salaries & Benefits Contractual Services Operating/ Capital Equipment Expenses Total Claim Line Item Disallowed Date of Claim: Claim Number: Claim Period: 2.Amount This Invoice $ (75%ofyourcurrentclaim) 4.Remaining Federal Balance$ Exceeds Budget (Subtract lines2&3fromline1) Federal Funds Local Match Category Totals We request payment in accordance with our contract agreement in the amount of 75%of the Total Costs for this Claim $(75%),the balance of costs,$(25%).to be recorded as our in-kind contnbut.on to complywiththelocalmatchrequirements. Attached,please find the records which substantiate the above expenditures.Icertify that all of the costs have been paid and none of the items have been previously reimbursed.All of the expenditures comply with the authorized budget and fall with n the contractual scope of services and all of the goods and services have been received,for which reimbursement is requested. Respectfullysubmitted, Chief of Police/Other CityOfficial Payment Approved,Miami Dade County Miami Dade County Pa9e 2 of 3 Record Improvement Project SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS-Payroll Expenses City-.Date of Claim:; Project Name:-Claim Number: Name Dateof Type of Total Officer/Staff Activity Activity*Hours •(Presentation,ParentMeeting,Fieldtrip,etc.) TOTALHOURS a ATS .PER HOUR =$. I CERTIFY THAT PAYMENT FORTHE AMOUNT OF$IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLICE/CITY OFFICIAL SIGNATURE: I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note:Payroll registers,timesheetsandOTslips,documenting payroll expenses,mustbeattachedtoprocessthis payment. Miami Dade County Record Improvement Project SUMMARY STATEMENTOFQUARTERLY PROJECT COSTS (Equipment,Supplies,Material Expenses) City..Date of Claim: Project Name:•Claim Number:. Page 3of3 Item Date Check Vendor Description Pajd Number Amount TOTAL AMOUNT OF EXPENSES: NOTE:Copies of all invoices and cancelled checks for this request mustbe attached to process payment. ATTACHMENT D ATTACHMENT D DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual orentity (governmental or otherwise)shallindicatebyan"X"allaffidavits thatpertaintothis contract andshallindicatebyan"N/A"allaffidavitsthatdonotpertaintothiscontract.All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT;MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT;MIAMI-DADE CRIMINAL RECORD AFFIDAVIT: DISABILITY NONDISCRIMINATION AFFIDAVIT;and the PROJECT FRESH START AFFIDAVIT shall notpertainto contracts with the United States orany of its departments or agencies thereof,theStateorany political subdivision or agency thereof or any municipality of this State.The MIAMI-DADE FAMILY LEAVE AFFIDAVITshallnot pertain to contracts withtheUnitedStatesorany of its departments oragenciesorthe StateofFloridaorany political subdivisionoragencythereof;itshall,however,pertaintomunicipalities of the StateofFlorida.Allother contracting entitiesorindividualsshallreadcarefullyeachaffidavittodetermine whether or not it pertains to this contract. I,,beingfirstdulyswornstate: Affiant The full legalnameandbusiness address ofthe person(s)orentity contracting or transacting business with Miami-Dade County are (Post Office addressesarenot acceptable): FederalEmployerIdentificationNumber (If none,SocialSecurity) NameofEntity,Individual(s),Partners,orCorporation DoingBusinessAs (if same as above,leaveblank) Street Address City State ZipCode I.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec.2-8.1 ofthe County Code) 1.Ifthecontractorbusinesstransactioniswithacorporation,thefulllegalnameandbusinessaddress shallbeprovidedforeachofficeranddirectorandeach stockholder whoholdsdirectlyor indirectly five percent (5%)or more of the corporation's stock.If the contract or business transaction iswitha partnership,theforegoinginformationshallbeprovidedforeachpartner.If thecontractorbusiness transaction iswithatrust,thefulllegalnameandaddressshallbeprovidedforeachtrusteeandeach beneficiary.Theforegoing requirements shallnotpertaintocontractswithpubliclytraded corporations orto contracts withtheUnitedStatesorany department oragencythereof,theStateor any political subdivision or agency thereof orany municipality of thisState.Allsuchnamesand addressesare (Post Officeaddressesarenotacceptable): FullLegalName Address Ownership % 1 of 5 II. III. 2.Thefulllegalnamesandbusiness address ofanyother individual (otherthan subcontractors, materialmen,suppliers,laborers,orlenders)whohave,orwillhave,anyinterest(legal,equitable beneficial or otherwise)inthecontractorbusiness transaction withDadeCountyare(PostOffice addresses arenot acceptable): 3.Any person who willfully fails to disclose the information required herein,or who knowingly disclosesfalse information inthis regard,shallbepunishedbyafineofuptofivehundred dollars ($500.00)or imprisonment inthe County jailforuptosixty(60)daysorboth. MIAMI-DADECOUNTYEMPLOYMENTDISCLOSUREAFFIDAVIT(CountyOrdinanceNo.90- 133,Amendingsec.2.8-1;Subsection(d)(2)oftheCountyCode). Except where precluded by federal or State laws or regulations,each contract or business transaction or renewal thereofwhichinvolvesthe expenditure oftenthousanddollars($10,000)ormoreshallrequire the entity contracting or transacting business to disclose the following information.The foregoing disclosurerequirementsdonotapplytocontractswiththeUnitedStatesorany department oragency thereof,theStateoranypoliticalsubdivisionoragencythereoforanymunicipalityofthisState. 1.Doesyourfirmhaveacollectivebargainingagreementwithitsemployees? YesNo Doesyourfirmprovidepaidhealthcare benefits forits employees? YesNo Provide a current breakdown (number of persons)of yourfirm's workforceandownershipastorace,nationaloriginand gender: White:Males Females Asian:Males Females Black:Males Females American Indian:Males Females Hispanics:Males Females Aleut (Eskimo):Males Females :Males Females:*Males Females AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT,PROMOTION AND PROCUREMENTPRACTICES(CountyOrdinance98-30codifiedat2-8.1.5 of theCountyCode.) In accordance with County Ordinance No.98-30,entities with annual gross revenues in excess of $5,000,000 seekingtocontractwiththeCountyshall,asaconditionofreceivingaCountycontract, have:i)awrittenaffirmativeactionplanwhichsets forth the procedures theentity utilizes toassurethat itdoesnotdiscriminateinits employment and promotion practices;andii)awritten procurement policy whichsetsforththeprocedurestheentity utilizes toassurethatitdoesnot discriminate againstminority andwomen-owned businesses initsownprocurement of goods,suppliesandservices.Suchaffirmative action plansandprocurementpoliciesshall provide for periodic reviewto determine their effectiveness inassuringtheentitydoesnot discriminate inits employment,promotionand procurement practices. The foregoing notwithstanding,corporateentitieswhoseboardsofdirectorsare representative ofthe population make-up ofthe nation shallbe presumed tohave non-discriminatory employment and procurementpolicies,andshallnotberequiredtohavewrittenaffirmativeactionplansand procurement policiesinorderto receive aCountycontract.Theforegoingpresumptionmayberebutted. 2 of 5 The requirements of County Ordinance No.98-30maybewaiveduponthe written recommendationof theCountyManagerthatitisinthebestinterest of theCountytodosoanduponapprovalofthe Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of S5,000,000;however,its Board of Directors is representative of the population make-up of the nation andhas submitted a written,detailed listing of itsBoard of Directors,includingtheraceor ethnicity of eachboardmember,tothe County's Department of Business Development,175N.W,1st Avenue,28thFloor,Miami, Florida 33128. Thefirmhas annual gross revenues in excess of $5,000,000 andthefirmdoeshaveawritten affirmative actionplanand procurement policyas described above,whichincludes periodic reviewstodetermineeffectiveness,andhassubmittedtheplanandpolicytothe County's Department of Business Development 175N.W.1st Avenue,28thFloor,Miami,Florida 33128; The firm doesnothavean affirmative action planand/ora procurement policyas described above,buthas been granted a waiver. _IV.MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6ofthe County Code) The individual or entity entering intoa contract or receiving funding from the County has hasnotas of thedateofthisaffidavitbeen convicted ofa felony duringthepastten (10)years. An officer,director,or executive ofthe entity entering intoa contract or receiving funding from the County hashasnotasofthedateofthis affidavit been convicted ofa felony during the past ten (10)years. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15 codified as Section 2-8.1.2 of theCountyCode) Thatin compliance with Ordinance No.92-15 oftheCodeof Miami-Dade County,Florida,the above named person orentityis providing a drug-free workplace.A written statement toeach employee shall inform the employee about: 1.danger of drugabuseintheworkplace 2.the firm's policyof maintaining a drug-free environment atall workplaces 3.availability of drugcounseling,rehabilitation and employee assistanceprograms 4.penaltiesthatmaybeimposeduponemployeesfordrugabuseviolations The person orentity shall also require an employee tosigna statement,asa condition of employment thatthe employee willabidebythe terms and notify the employer ofany criminal drug conviction occurring nolaterthanfive(5)days after receiving notice ofsuch conviction and impose appropriate personnelactionagainsttheemployeeuptoandincludingtermination. Compliance withOrdinanceNo.92-15 maybe waived ifthespecial characteristics ofthe product or serviceofferedbythepersonorentitymakeitnecessaryfortheoperationoftheCountyorforthe health,safety,welfare,economic benefits and well-being ofthe public.Contracts involving funding which is provided in whole orinpartbythe United States orthe State of Florida shall be exempted from the provisions ofthis ordinance in those instances where those provisions arein conflict with the requirements of those governmental entities. V. 3of5A VI MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. —142-91 codified as Section 11A-29 et.seq ofthe County Code) That in compliance with Ordinance No.142-91 of the Code of Miami-Dade County.Florida,an employer with fifty (50)or more employees working in Dade County for each working day during each of twenty (20)or more calendar work weeks,shall provide the following information m compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1)year shall be entitled to ninety (90) days of family leave during any twenty-four (24)month period,for medical reasons,for the birth oradoptionofachild,or for the care of achild,spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any depanment oragencythereof,or the State of Florida or any political subdivision or agency thereof.It shall, however,pertain to municipalities of this State. VII.DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm,corporation or organization is in compliance with and agrees to continue to comely with and assure that any subcontractor,or third party contractor under this project complies with all applicable requirements of the laws listed below including,but not limited to,those provisions pertaining to employment,provision of programs and services,transportation, communications,access to facilities,renovations,and new construction in the following laws,lhe Americans with Disabilities Act of 1990 (ADA),Pub.L 101-336 104 Stat 327 42 U.S.C 12101-12213 and 47 U.S.C.Sections 225 and 611 including Title I,Employment;Title II,Public Services;Title III,Public Accommodations and Services Operated by Private Entities;Title IV Telecommunications;and Title V,Miscellaneous Provisions;The Rehabilitation Act of 1973,29 USC Section 794-The Federal Transit Act,as amended 49 U.S.C.Section 1612;The Fair Housing Act"as amended,42 U.S.C.Section 3601-3631.The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof,the State or any political subdivision or agency thereof or any municipality of this State. VIII MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR ~~TAXES (Sec.2-8.1(c)of the County Code) Except for small purchase orders and sole source contracts,that above named firm,corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes ~including but not limited to real and property taxes,utility taxes and occupational licenses ~which are collected m the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm,corporation,organization or individual have been paid. _DC.CURRENT ON ALL COUNTY CONTRACTS.LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract,promissory note or other loan document withthe County orany of its agencies or instrumentalities. 4 of 5 N/_aX.PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has acontract with the County that results in actual payment of S500.000 or more shallcontributetoProjectFreshStart,the County's Welfare to Work Initiative.However,if fi^e percem (5/o)ofthe firms work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children)as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 the firm may KSiWai£[^thC recluirements of R-702-98 and R-358-99 by submitting a waiver requestSEL^53^^"0t Pemin t0 ^~nt «*&•.-o.for profit X-XL SSSE^gS),1^^(ReSOlUtl°n ,85-°0;"^C°dlfied At »™*^.of the The firm desiring to do business with the County is in compliance with Domestic Leave OrdinanceOrdinance99-5 codified at 11A-60 et.seq.of the Miami Dade County Code vvh?ch requ ?es anemployerwhichhasmtheregularcourseofbusinessfifty(50)or more employees wSita MiL?Dade County for each working day during each of twenty (20)or more^a endar Zk weeks inThecurrentorproceedingcalendaryears,to provide Domestic Violence Leave to hsTm^oyees .Ihav^carefully read this entire five (5)page document entitled,"Miami-Dade County Affidavits"andhave.ndicated by an «X»all affidavits that pertain to this contract and have indicated by an «N/£all affidavhs that do not nertftin in thic ™ntr*/-t J "ailluav^>thatdonotpertaintothiscontract (Signatu^ofAffiant)^'t—(D^)' SUBSCRIBED AND SWORN TO (or affirmed)before me this IA~day of ^M^A j 200(7by_Yvonne S.McKinley TT /OL .Q ~&".He/She is personally lqiownto meorhaspresented .,.,-.^pz ——r=—:as identification.(Type of Identification) (Signa^e&f Notary)(Serial Number) )714025(Print or Stamp of Notary)W^!sW Bn^^;Ocft)be^,20tl if—7E—^"T—^—7vwiaiyjgL-Sg*^f|(Expi rati on Date) Notary Public -Stamp State of H 00 Q^o —Notary Seal (State) 5 of 5 MIAMt-DADE COUNTY,FLORIDA We,the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass-through Requirements ThisCode prohibits pass-throughpaymentswherebytheprime firm requiresthatthe MBE firm accepts paymentsasan MBE and passes through thosepaymentstoanother entity; Rental Space,Equipment and Staff Requirements orFlat Overhead Fee Requirements •ThisCode prohibits rental space requirements,equipmentrequirements,staff requirements and/or flat overhead feerequirements,wherebytheprime firm requiresthe MBE firm torent space,equipment and/or staff fromtheprime firm or charges a flat overhead feefortheuseof space,equipment,secretary,etc; MBE Staff Utilization •This Code prohibitstheprime firm from requiring the MBE firm toprovidemorestaffthanis necessary andthen utilizing the MBE staffforotherworktobeperformedbytheprime firm. ThisCodealsorequiresthatonanycontractwhere MBE participation ispurported,thecontract shall specify essentialterms including,butnot limited to,a specific statement regarding thepercentof participation plannedfor MBEs,the timing of payments andwhenthe work istobe performed. is personally knownto me or has presented as identification. Signature ofNotary) (Printor Stamp ofNotary) 10/4/2007 i*&\&MY COMMISSION!DD 714025 (; fhll?¥EXPIRES:Octobers 2011 v ''fi'Wtltffi*Bonded Thni Notary Pubfic Underwriters Page 3 of 3 (Date) iASUBSCRIBEDANDSWORNTO(or affirmed)before me this //^day of feiW^A/ 200^by Yvonne S.McKinley He/She (Type of Identification) NKENG&AfAftUL ma\Number) ppgcmnaMsmg £§ (Expiration Date) ATTACHMENT D2 Attachment D2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129,Section 1) I,beingdulyfirst sworn,uponoath deposes andsaysthatthebidderof this contractorhisagents,officers,principals,stockholders,subcontractorsortheir affiliates arenot debarred by Miami-Dade County. alum (Date) SUBSCRIBED AND SWORN TO (or affirmed)before me this _J±_day of Qk/tiCl^/ 200_Vrjy Yvonne S.McKinley ispersonallyknowntomeorhaspresented as identification. Signature of Notary) He/She (Type of Identification) (Serial Number) #A%MYCOMMISSION#DD714025 (PrintorStampof No^(Expiration Date) NotaryPublic -StampState of (State) Notary Seal 5/01 ATTACHMENT Si Attachment D3 SWORN STATEMENT PURSUANTTO SECTION 287.133 (3)(a), FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TOIN THE PRESENCE OFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1.This sworn statement is submitted to Miami-Dade County by Yvonne S.McKinleyf City Manager ^^^ (print individual's name and title) for CityofSouthMiami (printNameofentitysubmittingswornstatement) whose business address is 6130 Sunset Drive South Miami,FL 3.3143 3 and if applicable its Federal Employer Identification Number (FEIN)is 59-6000431 If the entity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement: I understand that a "public entity crime"as defined in paragraph 287.133 (l)(g),Florida Statutes, means a violation ofany state or federal law bya 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,anybidor contract for goods or services tobe provided to public entityor agency or political subdivision of any other state orofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misinterpretation.* I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (l)(b),Florida Statutes,means a finding of guilt ora conviction ofa 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 ofa jury verdict,non jury trial,or entry ofa plea of guilty or nolo contendere. I understand that an "affiliate"as defined in paragraph 287.133(l)(a),Florida Statutes,means: 1.A predecessor or successor ofa person convicted ofa public entity crime;or 2.An entity under the control of any natural person who is active in the management^the entity and who has been convicted ofa 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,ora pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted ofa public entity crime in Florida during the preceding 36 months shall be considered an affiliate. lof2 5.I understand that a "person"as defined in Paragraph 287.133(l)(e),Florida Statutes,means any natural person or entity organized under the laws of any state orof the United States within the legal power toenterintoa binding contact and which bids or applies tobidon contracts for the provision of goods or services letbya public entity,or which otherwise transacts or applies to transact business witha public entity.Theterm "person"includes those officers,executives,partners,,shareholders, employees,members,and agents whoare active in management ofanentity. 6.Basedoninformationandbelief,thestatementwhichIhavemarkedbelowistruein relation tothe entitysubmittingthissworn statement.(Please indicate which statement applies.) XX Neither theentity submitting this sworn statement,noranyofits officers,directors,executives, partners,shareholders,employees,members,or agents whoareactiveinthe management ofthe entity,norany affiliate oftheentity has been charged withand convicted ofa public entity crime subsequent to July 1,1989. _The entitysubmittingthisswornstatement,oroneormoreofitsofficers,directors,executives, partners,shareholders,employees,members,or agents whoareactiveinthe management ofthe entity,nor any affiliate of the entity has been charged with and convicted ofa public entity crime subsequent to July 1,1989.However,there has been a subsequent proceeding before a Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined thatit was notin the public interest to place theentity submitting thisswornstatementonthe convicted vendor list,(attach acopyofthe final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORMTO THE CONTRACTING OFFICER FOR THEPUBLIC ENTITY IDENTIFIEDINPARAGRAPH1(ONE)ABOVEISFOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31OF THE CALENDAR YEAR INWHICHITISFILED.IALSO UNDERSTAND THATIAMREQUIREDTOINFORMTHAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this l/3^day of ^€.Q{U(X^\> Personally known Yvonne S.McKinley "/ OR Produced Identification Notary Public -State of *P)Pf'Of* Mv commte ,20M. (Type of Identification) (Printe public) 2 of2 4$H%NKENGAA.PAYNE ^A ?4 MY COMMISSION #DD 714025S*r ra-w EXPIRES:October 5,2011 '*'#,&&BondedThniNotaiyPubfcUndwwritefs Ijped orstamped commissioned nameofnotary ATTACHMENT E ATTACHMENT E MIAMI-DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Name of Organization:citv of South Miami Address:6130 Sunset Drive South Miami,FL 33143 REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT IncompliancewithMiami-DadeCountyOrdinance97-104,theProvidermustsubmitthelist of first tier subcontractors or sub-consultants whowill perform any part of theScope of Services Work,ifthis Contract isfor$100,000 or more. The Provider must complete this information.Ifthe Provider willnotutilize subcontractors,then the Provider must state "No subcontractorswillbeused";donotstate "N/A". Name of Subcontractor or Sub-consultant address City and State No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104,the Provider must submit a list of suppliers whowillsupply materials for the Scope of Services tothe Provider,if this Contract is $100,000 or more. The Provider must fill outthis information.Ifthe Provider willnotuse suppliers,the Provider must state "No suppliers will be used",do not state "N/A". Name of Supplier ADDRESS City and State No suppliers will be used. I hereby certify that the foregoing information is true,correct and complete- Signature ofAuthorized Representative:Yvonne S.McKinley X Title:.City Manager £>ate:-//^aM^Mi 1&0# Firm Name:City of South Miami fed.ID No.59-6000431 Address:6130 SunsetDrive City/State/Zip:South Miami,FL 33143 Telephone:(30$668-2510 Fax:(305;663-6345 E-mail: ymckinley@cityofsouthmiami.net