Res. No. 193-06-12334RESOLUTION NO. 193 -06- 1.2334
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE, CITY MANAGER AND
ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF
$23,000 WITH THE MIAMI -DADE DEPARTMENT OF -HUMAN SERVICES FOR
THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF
THE SOUTH MIAMI SENIOR CENTER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wish to accept FY" 2006 -07 social services funding from the
Miami -Dade Board of County Commissioners in the amount of $23,000 for the Elderly Meals Weekend Program at
the South Miami Senior Center; and
WHEREAS, the grant award will provide partial funds to provide weekend meals to the elderly residents
of the South Miami Senior Center; and
WHEREAS, the City was formally notified of the grant award on November 3rd, 2006, and was provided
with contract agreement documents to be executed no later than November 20, 2006;
WHEREAS, the Mayor and City Commission authorize the City Manager, Yvonne Soler - McKinley and
Assistant City Manager, W. Ajibola Balogun to execute the grant contract agreement for the FY 2006 -2007 social
services funding through the Miami -Dade County Department of Human Services.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1: The City wishes to accept a grant from the FY 2006 -2007 Miami -Dade County Department of
Human Services social services funding in the amount of $23,000.
Section 2: That the Mayor and City Commission authorize the City Manager and Assistant City Manager to
execute the FY 2006 -2007 grant agreement with Miami -Dade Department of Human Services.
Section 3: This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this e3 G day of 2006.
ATTEST:
MAYOR
Commission Vote .,
Y CLERK
Mayor Feliu:
READ AND APPROVED AS TO FORM:
CI ORNEY
tXR2_
MAYOR
Commission Vote .,
5-0
Mayor Feliu:
Yea
Vice Mayor Wi 'scombe:
Yea
Commissioner Palmer:
Yea
Commissioner Bids:
Yea
Commissioner Beckman:
Yea
South Miami
All- Am�ieaGi�
f
CITY OF SOUTH MIAMI -
INCORPOAA7EP
fi ono OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2003
To: The Honorable Mayor Feliu and Members of the City, Commission
Via: Yvonne S. McKinley, City Manager
From: Julie L. Dalzell
Grants Administrator
Date: November 7, 2006 Agenda Item No: (EMERGENCY }
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE
A GRANT AGREEMENT OF $23,000 WITH THE MIAMI -DADE
DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF
WEEKEND MEALS FOR THE ELDERLY` RESIDENTS OF THE
SOUTH MIAMI SENIOR CENTER: PROVIDING AN EFFECTIVE DATE.
Request: Authorization for the City Manager and Assistant City Manger to execute an Agreement
with Miami -Dade Department of Human Services for- the provision of limited weekend
meal service to needy seniors through the South - lvliaau Senior Center. The contract
requires the named designation of two officials to execute the contract.
Reason/Need: Seniors have access to hot meals on weekdays at the South Miami Senior Center. As the
center is not open for the provision of meals on the weekends, this award allows for limited
provision of hot meals on the weekends to needy seniors. The City of South Miami was
previously awarded $23,000 in the 2005 -2006 funding'_cycle.
Cost: The full $23,000 award is used to provide weekend meal service to the seniors. There is
no match requirement and no commitment of City faiids.
Funding Source: $23,000 from DHS Grant
Backup Documentation:
• Proposed Resolution
s Award Contract
SA0607 -80
# A - -
This Contract made this cf4 day of _ , 200 �L- , by and between
Miami -bade County, a political subdivision of the State of plorid� (hereinafter referred to as
"County ") through its Department of Human Services Mferred to as "Department "),
located at 2525 NW 62d Street. e Floor, Mani, Florida 33142, and City of South Miami (Senior
Center ) having offices at 6130 Sunset Drive erred l�iliatni. �lorid� 331 3 (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.
WBEREAS, the Hoare Rule Charter authorizes the County to provide for the uniform health
and welfare of the residents throughout the County and further provides that all functions not
otherwise specifically assigned to others under the Charter shall be performed under the supervision
of the County Manager; and
'4 BEREAS, the provider provides or will develop services of value to the County and has
demonstrated an ability to provide these services; and
WHEREAS, the County is desirous of assisting the Provider in providing those services and
the Provider is desirous of providing such services; and
WHEREAS, the County has appropriated funds through Ordinance 06 -130 and Ordinance
06 -131 to the Provider for the proposed services;
VVTEREAS, the County has appropriated funds to the Provider for the proposed services,
NOW, 'THEREFORE, in consideration of the mutual covenants recorded herein, the parties
hereto agree as follows:
L AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $23.003. Both parties agree that should
available County funding be reduced, the amount payable under this Contract may be
proportionately reduced at the option of the County.
H. SCOPE OF SERVICES. The provider agrees to render services in accordance with the
Scope of Services incorporated herein and attached hereto as Attachment A.
The Provider will implement the Scope of Services as described in Attachment A in a
manner deemed satisfactory to the County. Any modification or amendment to the Scope of
Services shall not be effective until approved by the Department in writing.
1H. BUDQET SVAUAARY. The Provider agrees that all expenditures or costs shall be made in
accordance with the Budget which is attached herein and incorporated hereto as Attachment B.
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The provider may shift funds between line items not to exceed fifteen percent (15 %) of the
total budget by submission of a Budget Modification Request to the Department for approval.
Variances greater than fifteen percent (15 %) in any line item shall require prior approval and a
budget modification approved by the President or Vice President of the provider as well as the
Department. The Budget Modification shall replace Attachment B.
In no event shall the budget include a line item for indirect costs in excess of fifteen percent
(15 %) of the total budget. If the budget includes a line item for indirect costs of less than fifteen
percent (15 %), then the Provider must support such expenditure with proper documentation.
The Provider may amend the budget no more than twice during the term of this Contract. A
final budget revision must be submitted 45 days prior to the expiration of the Contract.
IV. EMCTTVE TERN.L. The effective term of this Contract shall be from October 1, 2006 or
when executed by both parties, whichever is later, to Se tember 30 2001.
V. 1NDEhRffnCATffLN BY PRQVIIIER.
A. Government Entity. Government entity shall indemnify and hold harmless the
County and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the Contract by the government entity or its employees, agents, servants, partners;
principals or subcontractors. Government entity shall pay all claims and losses in connection
therewith. and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the County, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may Issue thereon. Provided, however, this indemnification
shall only be to the extent and within the limitations of Section 968.28 Florida Stat., subject to the
provisions of the Statute whereby the government entity shall not be held liable to pay a personal
injury or property damage claim or judgment by any one person which exceeds the sum of
$100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or
judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the government entity.
B. All Qther Providers. The Provider shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including- attorneys' fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Contract by the Provider or its employees, agents, servants, partners principals
or subcontractors. Provider shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any bind or nature in the naive of the County,
where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's
fees which may issue thereon. Provider expressly understands and agrees that any insurance
protection required by this Contract or otherwise provided by Provider shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
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C_ Term of,lnde ifica i n. The provisions of this section or indemnification shall
survive the expiration or termination of this Contract.
VI. INSi3RANCE.
A Government Entity. If the Provider is the State of Florida or agency or political
subdivision of the State as defined in Section 768.28,. Florida Statutes, the Provider shall furnish to
the County, upon request, written verification of liability protection in accordance with section
768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond
that provided in section 768.28, Florida Statues.
B. All Other Providers. The Provider shall fummsh to Nfuami Dade County, Department
of Human Services, 2525 N.W. 62'd Street, 40' Floor, Miami, Florida 33147, Certificate(s) of
Insurance or written verification. as determined by the County's Risk Management Division after
review of the Scope of Services (Attachment A). The County shall not disburse any funds until it is
provided with the necessary Certificates) or written verification (binders) and such documents have
been approved by Risk Management. The Certificate (s) shall indicate that insurance coverage has
been obtained which meets the requirements as outlined below:
Worker's Compensation Insurance for all employees of the Provider as required by Florida
Statute 440.
Public Liability Insurance on a comprehensive basis in an amount not less than $300,000
combined single limit per occurrence for bodily injury and property damage. Miami -Dade County
must be shown as an additional insured with respect to this coverage.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with the work, in an amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage.
Professional Liability Insurance, when applicable, in the name of the Provider in an amount
not less than $250,400.
Insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and
no less than "Class V" as to financial strength by the latest editions of
Best's Insurance Cuide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent subject to the approval of the County
Risk Management Division.
or
The company must hold_ a valid Florida Certificate of Authority as
shown in the latest "List of All Insurance Companies Authorized to do
Business in Florida," issued by the State of Florida Department of
Insurance and must be members of the Florida Guaranty Fund-
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Certificates of Insurance shall indicate that no modification or change in insurance shall be made
without thirty (30) days written advance notice to the certificate holder.
VIL PROOF OF IjCEff5UUVCEikTMCATiON AND BACKGROUND SCREENIlYG.
A. Licensure. If the Provider is required by the State of Florida or Miami Dade County
to be licensed or certified to provide the services or operate the facilities outlined in the Scope of
Services (Attachment A), the Provider shall furnish a copy of all required current licenses or
certificates. Examples of services or operations requiring such licensure or certification include but
are not limited to childcare, day care, nursing homes; boarding homes.
If the Provider fails to furnish the County with the licenses or certificates required under this
Section, the County shall not disburse any funds until it is provided with such licenses or
certificates.
Failure to.provide the licenses or certificates within sixty (60) days of execution of this Contract
may result in termination of this Contract.
B. Back ound Sueening. The County requires that only employees and subcontracted
personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes
and through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice,
Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact
with juveniles.
Pursuant to 985.01 2(a) Florida Statutes, "each contract entered into ... for services delivered on an
appointment or intermittent basis by a provider that does not have regular custodial responsibility
for children... must ensure that the owners, operators, and all personnel who have direct contact
with children are of good moral character..." In order to ensure this condition "(b) The Department
of Juvenile Justice... shall require employment screening pursuant to chapter 435, using the level 2
standards set forth in that chapter for personnel in programs for children or youths."
Pursuant to the above passages from Florida Statutes, it is required that all provider agency
personnel working directly with children must have a completed Level I Screening response from
the Florida Department of Law Enforcement that indicates that there has been no prior involvement
in any of the disallowed conditions, 'before beginning work widt client youths. Level I Screenings
can be accomplished electronically on li
The County requires that only employees and subcontracted employees with a satisfactory
background check as described in Section 435.03(3)(a), and through an appropriate screening
agency (i_e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in
direct contact with the elderly, disabled and persons with mental illness, in settings such as but not
limited to adult day care center, assisted living facilities, home equipment screening nursing homes,
home health agencies (facilities for developmentally disabled; and mental health treatment facilities.
Virithin 30 days of execution of this contract, Provider shall furnish the County with proof that
background screening was initiatedlcompleted_ If the Provider fails to furnish to the County proof
that background screening was initiated within 30 days of execution of this contract, the County
shall not disburse any further funds and this Contract may be subject to termination at the discretion
of the County.
VIM CONFLICT 4F INTEREST The Provider agrees to abide by and be governed by Dade
County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the
Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set
forth herein, in connection with its Contract obligations hereunder_
10L CIVb RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami-
Dade County ( "County Code "), as . amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which
proluibi s discrimination in employment and public accommodation; the Age Discrimination Act of
1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age,
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C_ § 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §
12103 et seq., which prohibits discrimination in employment and public accommodations because
of disability. It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the County shall have the right to terminate this Contract. It is further understood that
the Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts
or the County to be in violation of these Acts, the County will conduct no further business with the
Provider.
Any contract entered into based upon a false affidavit shall be voidable by the County. If the
Provider violates any of the Acts during the term of any Contract the Provider has with the County,
such Contract shall be voidable by the County, even if the Provider was not in violation at the time
it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11 A-
60 et. seq of the l am Dade County Code, which requires an employer, who in the regu-Iar 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.
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X. N[i7TCES. It is understood and agreed between the parties that written notice addressed to
the Department and mailed or delivered to the address appearing on page one (1) of the Contract
and written notice addressed to the Provider and mailed or delivered to the address appearing on
page one (1) of this Contract shall constitute sufficient notice to either party.
XI AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood and
intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the County_ Furthermore, the Provider's agents and employees are not agents or
employees of the County.
X M BREACH OF CONTRACT: COUNTY REMEDIES.
k Breach. A breach by the Provider shall have occurred under this Contract if (1) the
Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the
effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds
allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance
required by this Contract or as determined by the County's Risk Management Division; (4) the
Provider does not famish proof of licensurefcertihcation or proof of background screening required
by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete proof of
expenditures to support disbursement requests or advance funding disbursements or fails to submit
or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6)
the Provider does not submit or submits incomplete or incorrect required reports; ('7) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor, evaluate
and review the Provider's program; (8) the Provider discriminates under any of the laws outlined
in Section IX of this Contract; (9) the Provider fails to provide Domestic Violence Leave to its
employees pursuant to local law; (10) the Provider falsifies or violates the provisions of the Drug
Free Workplace Affidavit (Attachment C); (11) the Provider attempts to meet its obligations
under this contract through fraud, misrepresentation or material misstatement; (12) the Provider
fails to correct deficiencies found during a monitoring, evaluation or review within the specified
time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract
or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities,
(14) the Provider fails to submit the Certificate of Corporate Status, Board ofDirectors requirement
or proof of tax status; (15) fails to meet any of the terms and conditions of the Dade County
Affidavits (Attachment C) or the State Affidavit (Attachment D); or (16) the Provider fails to fulfill
in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations
in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the terms of this
Contract.
B. County Remedies_ If the Provider breaches this Contract, the County may pursue
any of all of the following remedies:
I. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days before
the effective date of termination-
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In the event of termination, -the County may: (a) request the return of all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and
secured by the Provider with County funds under this Contract; (b) seek reimbursement of County
funds allocated to the Provider under this Contract; or (c) terminate or cancel any other contracts
entered into between the County and the Provider. The Provider shall be responsible for all direct
and indirect costs associated with such termination, including attorney's fees;
2, The County may suspend payment in whole or in part under this Contract by
providing written notice to the Provider of such suspension and specifying the effective date
thereofi at least five (5) days before the effective date of suspension. On the effective date of
suspension the Provider must immediately cease to provide services pursuant to this Contract. All
payments to Provider as of this date shall cease. If payments are suspended, the County shall
specify in writing the actions that roust be taken by the Provider as condition precedent to
resumption of payments and shall specify a reasonable date for compliance. The County may also
suspend any payments in whole or in part under any other contracts entered into between the
County and the Provider. The Provider shall be responsible for all direct and indirect costs
associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not limited
to filing an action with a court of appropriate jurisdiction. The Provider shall be responsible for all
direct and indirect costs associated with such enforcement: including attorney's fees;
4. The County may debar the Provider from future County contracting;
S. If; for any reason, the Provider should attempt to meet its obligations under
this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever
practicable terminate this Contract by giving written notice to the provider of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. The County may terminate or cancel any other contracts which such individual or
entity has with the County_ Such individual or entity shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's fees. Any individual or
entity who attempts to meet its contractual obligations with the county through fi; aud,
misrepresentation or material misstatement may be disbarred from county contracting for up to five
(5) yew;
6. Any other remedy available at law or equity.
C. The County Manager is authorized to terminate this Contract on behalf of the
County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved
of liability to the County for damages sustained by the County by virtue of any breach of the
Contract, and the County may withhold any payments to the Provider until such time as the exact
amount of damages due the County is determined. The C wq may also pursue any remedies
available at law or equity to compensate for any damages sustained by the breach. The Provider
shall be responsible for all direct and indirect costs associated with such action, including attorney's
fees.
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xIIM TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate at
least thirty (30) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on the behalf of the County.
XiV. PAYMENT PROCEDURES. The County agrees to pay the Provider for services rendered
under this Agreement based on the payment schedule, the line item budget, or both, which are
incorporated herein and attached hereto as Attachment B. Payment shall be made in accordance
with procedures outlined below in the Department's General Procedures Manual and if applicable,
the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40).
A. ReimburseMgrit and Advances. The parties agree that this is a cost basis Agreement
and that the Provider shall be paid through reimbursement payment based on the budget approved
under this Agreement (See Attachment B) and when documentation of service delivery is provided.
An advance up to the total amount payable tinder this Agreement may be paid to the Provider in one
lump sum payment. An advance of up to twenty -five percent (25 %) of the total mount payable
under this Agreement may be paid to the Provider if approved in writing by the Department. An
advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing
by the County Manager.
The Provider's request for advance payment must be submitted in writing and must specify
the reasons and justifications for such advance payment. it need not be accompanied by a detailed
expenditure report. The County shall have the sole discretion in choosing whether or not to provide
any advance payments and is not obligated to do so under any circumstances.
A Provider shall limit its request for an advance to once during the term of this Agreement,
If a Provider needs an additional advance for good cause shown it shall request it in writing from
the County Manager.
B. No Payment of Subcontractors, In no event shall County funds be advanced directly
to any subcontractor hereunder_
C. R quests, for Pay, rim_ pt. The County agrees to pay all budgeted costs incurred by
the Provider which are allowable under the County guidelines. In order to receive payment for
allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a
Monthly Performance Report on forms provided by the Department. The Department must receive
the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than
the 15a' day of the month following the month for in which services were provided. The Monthly
Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month
services were rendered and documented in the Monthly Performance Report. Upon submission of
satisfactory required monthly reports, the Department shall make payment.
The County will not approve payments for in -kind or volunteer services provided by the
Provider on behalf of the project. The Department shalt accept originals of invoices, receipts and
other evidence of indebtedness as proof of expenditure. When original documents cannot be
produced, the Provider must adequately justify their absence in writing and furnish copies as proof
of the expenditures.
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D. Processing _ the Reouest for Payment. After the Department reviews and approves the
payment request, the Department will submit a check tequest to the County's Finance Department.
The County's Finance Department will issue and mail the check directly to the Provider at the
address listed on page one (1) of this Agreement, unless otherwise directed by the Provider in
writing. The parties agree that the processing of a payment request from date of submission shall
take a minimum of thirty (30) days from receipt, if support documentation/invoices are properly
docmented. It is the responsibility of the Provider to maintain sufficient financial resources to
meet the expenses incurred during the period between the provision of services and payment by the
County.
Failure to submit monthly reimbursement requests in a manner deemed correct and
acceptable by the County, by the 15'b day of each month following the month in which the service
was delivered, shall be considered a breach of this agreement and may result in termination of this
Agreement.
E. Final Request for RUM A final request for payment from the Provider will be
accepted by the Department up to forty -five (45) days after the expiration of this Agreement. If the
Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment
may include accruals of the personnel costs listed in Attachment B which the Provider is obligated
to pay after the close of the period for services provided within the term of the Agreement_
F. Closeout Be portlRecature_of Funds. Upon the expiration of this Contract, the
Provider shall submit a Closeout Report to the Department no more than forty-five (45) days after
the expiration of this Contract. This report shall include a cumulative year -end summary of
Provider's performance and fiscal expenditures. If after receipt of this Closeout Report, the
Department determines that the Provider has been paid fiords not in accordance with the Contract,
and to which it is not entitled, the Provider shalt return such . funds to the County or submit
appropriate documentation. The County shall have the sole discretion in determining if the Provider
is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any
unexpended or unallocated Funds shall be recaptured by the County.
G. DHS Contract Management Manual. All requests for payment will be processed
pursuant to the Department's General Procedures Manual. The Department will provide a copy of
this Manual to Provider.
XV. PRQMMD USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents, instrumentalities,
employees or officials. The Provider shall not utilize County funds to provide legal representation,
advice or counsel to any client in any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials_
B_ ReIigious Purposes. County funds shall not be used for religious purposes_
G Commingling Funds. The Provider shall not commingle funds provided under this
Contract with fiends received from any other funding sources.
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XVL RECORDS, REPORTS, AUDTrS, MONrfORING AND REVIEW.
A. Cegificate of Corporate Status. The provider must submit to the Department, within
thirty (30) days from the date of execution of this Contract, a certificate of status in the name of the
provider, which certifies the following: that the provider is organized under the laws of the State of
Florida; that all fees and penalties have been paid; that the providers most recent annual report has
been filed; that its status is active, and that the provider has not filed an Article of Dissolution.
B_ Board _ of Director. Requirements. The Provider shall insure that the Board of
Directors is apprised of the fiscal, administrative and contractual obligations of the project funded
through the County by passage of a formal resolution authorizing execution of the Contract with the
County. Failure to provide a copy of the resolution within IS days of execution of this contract may
result in termination of this Contract.
C. Proof of Tax Status. The Provider is required to submit to the County the following
documentation: (a) The I.RS. tax exempt- status determination letter; (b) the most recent I.R.S.
form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal
year end; (d) IRS 941 - Quarterly Federal Tax Return Reports within thirty -five (35) days after the
quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty
(60) days after the quarter ends.
. D. Accountinsr`Records. The Provider shall keep accounting records which conform
with generally accepted accounting principles. All such records will be retained by the Provider for
not less than five (5) years beyond the term of this Contract.
E. Financial Audit. If the Provider has or is required to have an annual certified public
accountant's opinion and related financial statements, the Provider agrees to provide these
documents to the Department no later than one hundred eighty (1 80) calendar days following the
end of the Provider's fiscal year, for each year during which this Contract remains in force or until
all funds earned from this Contract have been so audited, whichever is later.
F_ Access to Records. Audit, The County reserves the right to require the Provider to
submit to an audit by an auditor of the County's choosing. The Provider shall provide access to all
of its records which relate to this Contract at its place of business during regular business hours.
The Provider agrees to provide such assistance as may be necessary to facilitate their review or
audit by the County to insure compliance with applicable accounting and financial standards. The
Provider agrees to maintain supporting documentation for all services provided under this Contract
and shall submit such supporting documentation to the County upon request_
G. Office of Mami;Dade County _Inspector General. Miami -Dade County has
established the Office of Inspector General which is empowered to perform random audits on all
County contracts throughout the duration of each contract. Grant recipients are exempt from paying
the cost of the audit which is normally'/ of 1% of the total contract amount.
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The Miami -Dade County Inspector General is authorized and empowered to review past, present
and proposed County and Public Health Trust programs, contracts, transactions, accounts, records
and programs. In addition, the Inspector General has the power to subpoena witnesses, administer
oaths, require the production of records and monitor existing projects and programs.
Monitoring of an existing project or program may include a report concerning whether the project is
on time, within budget and in compliance with plans, specifications and applicable law.
The inspector General is empowered to analyze the necessity of and reasonableness of proposed
change orders to the Contract. The Inspector General is empowered to retain the services of
independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process including but not limited to
project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents
and employees, lobbyists, County staff and elected officials to ensure compliance with contract
specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector General or Independent
Private Sector Inspector General (IPSIG) retained by the inspector General, the Provider shall make
all requested records and documents available to the Inspector General or 1PSIG for inspection and
copying.
The Inspector General and IPSIG- shall have the right to inspect and copy 4111 documents and
records in the Provider's possession, custody or control which, in the Inspector General's or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original
estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful
subcontractors and suppliers, all project related correspondence, memoranda, instructions, financial
documents, construction documents, proposal and contract documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,
or dividends received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontractors and all other Contracts executed by the Provider in connection with the performance
of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
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nvestigative activities. The. provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
H. Independent Private Sector Ins or General R iews. Pursuant to Miami -Dade
County Administrative Order 3-20, the Provider is aware that the County has the right to retain the
services of an Independent. Private Sector Inspector General ( "IPSIG "), whenever the County deems
it appropriate to do so. Upon written notice from the County, the Provider shall make ,available to
the IPSIG retained by the County, all requested records and documentation pertaining to this
Contract for inspection and copying. The County shall be responsible for the payment of these
IPSIG services, and under no circumstance shall the Provider's budget and any changes thereto
approved by the County, be inclusive of any charges relating to these IPSIG services.
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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.
I. Progress Reports. The Provider shall furnish the Department with written monthly
progress reports (Attachment F) on the achievement of its goals as outlined in its Scope of Services.
The reports shall explain the Providers progress for that month. The data should be quantified when
appropriate. Said reports are due by the 15'a day of the month following the end of each month.
The final progress report shall be due forty -five (45) days after the expiration or termination of this
Agreement_
J. Monitoriing= Manageament Evaluation and Performance Review. This section shall
pertain only to Providers whose funding allocation under this Contract is more than $10,000 or .
whose funding allocation becomes more than $10,000 during the term of this, Contract.
The Provider agrees to permit County personnel to perform random scheduled monitoring, reviews
and evaluations of the program which is the subject of this Contract. The Department shall monitor
both fiscal and programmatic compliance with all the terms and conditions of the Contract_
The Provider shall permit the Department to conduct site visits, client assessment surveys; and other
techniques deemed reasonably necessary to fulfill the monitoring function. A report of the
Department's findings will be delivered to the Provider and the Provider will rectify all deficiencies
cited within the period of time specified in the report. If such deficiencies are not corrected within
the specified time, the County may suspend payments or terminate this Contract. The Department
shall conduct one or more formal management evaluation and performance reviews: of the Provider.
Continuation of this Contract or future funding is dependent upon satisfactory evaluation
conclusions.
The Provider agrees that all monitoring reports completed by the Department shall be made
available to the Alliance for Human Services and its membersipartners.
K, Client Records. The Provider shall maintain a separate individual case file for each
chentt/family served. This case file shall include all pertinent information regarding case activity.
At a minimum, the case file will contain referral and intake information, treatment plans, and case
notes documenting the dazes services were provided and the kind of service provided. These files
shall be subject to the audit and inspection requirements under Article XV'I Section V, G, H and J of
this Contract.
L Health Insurance Portability and Accountability Act. Any person or entity that
performs or assists Miami -Dade County with a function or activity involving the use or disclosure
of individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (I -MAA) of 1995 and
the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy,
security and electronic transfer standards, that include but are not limited to:
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1. Use of information only for performing services required by the contract or as
required by law;
2. Use of appropriate safeguards to prevent non - permitted disclosures;
3. Deporting to Miami -Dade County of any non permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and.
conditions that apply to the Bidder/Proposer and reasonable assurances that
Ea P/PHI will be held confidential;
5. Making Protected health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment; and incorporating
any amendments requested by the customer;
7. Making PM available to Miami -Dade County for an accounting of disclosures; and
S. Making internal practices, books and records related to PHl available to Miami -Dade
County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Bidder/Proposer must give its customers written
notice of its privacy information practices including specifically, a description of the types of uses
and disclosures that would be made with protected health information.
M. Disaster PIWContinuity of Operations Plan (COOP), The Provides- shall submit to
the Department an Agency Disaster Plan/COOP by April I" of each contract year. If the Provider
does not have a COOP Plan currently with the Department (submitted within the past year) it must
submit a COOP Plan within 30 days of execution of this Contract. The Plan should be updated
annually. At a minimum, the Plan should describe how the Provider establishes and maintains an
effective response to emergencies and disasters, and must comply with any Emergency
Management related Florida Statutes applicable to the Provider. The Disaster Plan is subject to
review and approval of the County.
XVIL SUBCONTRACTORS AND ASSIGNMENTS,
A Subcontracts. The parties agree that no assignment or subcontract will be made or
let in connection with this Contract without the prier written approval of the Department, which
shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the
terms and conditions of this Contract.
B. If this Contract involves the expenditure of $100,000 or more by the County and the
Provider intends to use subcontractors to provide the services listed in the Scope of Service
(Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the
subcontractors and suppliers -on the form attached as Attachment E. Provider agrees that it will not
change or substitute subcontractors or suppliers from those listed in Attachment E without prior
written approval of the County.
XVw. mISCELLANEt3US.
A. Qut of Town Travel. Costs for out-of-town travel are allowable, if they are useful
for the administering of program activities. All travel must be approved through DHS Contract
Management Division two weeks prior to date travel is to be taken and pursuant to the provisions
outlined in the Contract Management Manual.
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B_ PM Cash. Community Based Organizations who establish a petty cash fund must
maintain detailed support documentation in accordance with the provisions outlined in the Contract
Management Manual.
C. Public" It is understood and agreed between the parties hereto that this Provider is
funded by Miami Dade County. Further, by the acceptance of these funds, the Provider agrees that
events funded by this Contract shall recognize the County as a funding source. The Provider shall
ensure that all publicity, public relations, advertisements and signs recognizes the County for the
support of all contracted activities_
This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones„
dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery_
The use of the bfficial County logo is permissible. The Provider shall ensure that all media
representatives, when inquiring about the activities funded by this contract, are informed that the
County is its funding source.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this. Contract shall be
Miami Dade County, Florida.
E. Modificati m and Change Orders. Any alterations; variations, modifications,
extensions or waivers of provisions of this Contract including but not limited to amount payable and
effective term shall only be valid when they have been reduced to writing, duly approved and
signed by both parties and attached to the original of this Contract.
The County and Provider mutually agree that modification of the Scope of Services
schedule of payments, billing and cash payment procedures, set forth herein and other such
revisions may be negotiated as a written amendment to this Contract between the parties.
The County Manager is authorized to make modifications to this Contract as described
herein on behalf of the County.
The Office of the Inspector General shall have the power to analyze the need far, and the
reasonableness of proposed change orders.
F: Countemarts. This Contract is signed in five 5 counterparts, and each counterpart
shall constitute an original of this Contract_
G. Headings. Use of Singular and Gender. Paragraph headings are for convenience
only and are not intended to expand or restrict the scope or substance of the provisions of this
Contract. Wherever used herein, the singular shall include the plural and plural shall include the
singular, and pronouns.shall be read as masculine, feminine or neuter as the context requires.
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H. Totg& of Co_ntract/Severability of Provisions. This sixteen (lb) page Contract with
it recitals on the first page of the Contract and with its attachments as referenced below contain all
the terms and conditions agreed upon by the parties:
Attachment A:
Scope of Services
Attachment B:
$udget
Attachment C:
Payment Request
Attachment D:
Miami -Dade County Affidavits
Attachment Dl :
Code of Business Ethics
Attachment D2:
Miami -Dade County Debarment Disclosure Affidavit
Attachment E:
State Public Entities Crime Affidavit
Attachment F:
Progress Report
Attachment G:
List of Subcontractors and Suppliers
Attachment H:
Living Wage Requirement
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed
to exist or bind any of the parties hereto, If any provision of this Contract is held invalid or void,
the remainder of this Contract shall not .be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
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SA060740
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their
respective and duly authorized officers as of the day and year first above written.
(SEAL,)
A'T'TEST: CITY OF SOUTH MIAMI
AGENCY
4
�I f
BY:
(Sign i re of Authorized kepreientativel (Signature of Authorized Representative)
Yvonne Soler— McKinley, City Manager W. Ajibola Balogun, Asst. City Manag
Type or Print Name
Witnesses:
By:
Type or Print Naine
Julie L. Dalzell Grants Administrator
Type or Print Name
-AT
a
4
f �
LCIiHT�
3�
ll e
A h `�' F
DUUTY CLERK
iffill
Anita Parker
'T'ype or Print Name
By: yry� C
EORG BURGESS CD IV;AI*IACaER
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