Res. No. 140-05-12119RESOLUTION NO.140-05-12119
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT
AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING
TO THE FY 2005/06 FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT GRANT FROM MIAMI-DADE COUNTY IN THE AMOUNT OF
$4,991.00;DESIGNATING $1,663.00 FROM THE MANAGEMENT
INFORMATION SYSTEMS OPERATING EQUIPMENT ACCOUNT #001-1340-
513-6430 AS MATCHING FUNDS AS REQUIRED BY THE GRANT;PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,the United States Department of Justice,through theFederal Drug Control and
System Improvement Grant,has allocated through Miami-Dade County totheCity of SouthMiami Police
Department $4,991.00 forthepurpose of recordsimprovementwithinthedepartment;and
WHEREAS,the Police Department desires tousethe funds to purchase additional laptops,
software and interface systems for patrol officers so they can continue to write reports and conduct
routine checks while still in their vehicle;and
WHEREAS,matchingfundsintheamount of $1,663.00requiredforthis grant areavailablein
thefiscal year 2005-2006 MIS Operating Account budget.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.TheCityManagerisauthorizedtoacceptandexecuteall applicable contract
documents fromtheFederalDrugControlandSystem Improvement Grant
throughMiami-DadeCountyintheamount of $4,991.00.
Section 2.TheCity Manager isauthorizedtodesignate $1,663.00 fromthe Management
InformationSystemsOperatingAccount#001.1340.513.6430,withacurrent
balance of $73,076,as matching funds required bythegrant.
Section 3.This resolution willtake effect immediately upon approval.
PASSED AND ADOPTED this I day of /l^^lAJ^yyu^U
ATTEST:
CLERK
READ AND APPROVED AS i ;i
/l*
APPROVED:
M^tOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:Yea
Commissioner Sherar:out of room
C:\Documcnts and Settings\Aricke\My Documents\Word D(>cuments\ResolutionByrneGnint.doc
2005.
4/Vfll V?
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
2001
To:Honorable Mayor,Vice Mayor
and City Commission
Date:November 1,2005
From:Maria V.Davis
City Manager
RESOLUTION:
_4AgendaItem#
/^Authorizing the City Manager to accept
agrant from Miami-DadeCountyforPolice
Department records management
A RESOLUTION OF THE MAYORANDCITY COMMISSION OF THE CITYOF
SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY MANAGER TOACCEPT AND
EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATINGTOTHEFY
2005/06 FEDERALDRUG CONTROL AND SYSTEM IMPROVEMENTGRANTFROM
MIAMI-DADE COUNTY IN THE AMOUNT OF $4,991.00;DESIGNATING $1,663.00
FROMTHEMANAGEMENTINFORMATION SYSTEMS OPERATING EQUIPMENT
ACCOUNT #001-1340-513-6430 ASMATCHING FUNDS AS REQUIRED BY THE
GRANT;PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
The United States Departmentof Justice Federal Drug Control andSystem
Improvement Grant has allocated funding through Miami-Dade County tothe City of
South Miami Police Department forthepurposeof improving records management.The
Department hasbeenawarded $4,991.00 which will beusedtopurchase additional
laptops,softwareandinterfacesystem for the patrol officers.Thisequipment will allow
theofficersto continue towrite reports and conduct routine checks while still intheir
vehicle.The City isrequiredtoprovidea cash match in theamountof $1,663.00 which
will come from the MIS OperatingEquipmentAccount number 001.1340.513.6430.The
balances on this account are as follows:
Beginning Account Balance
This Request
New Account Balance
RECOMMENDATION:
$73,076.00
$1.663.00
$71,413.00
We recommend that the City Manager be authorized to execute the grant documents for
the acceptance of this grant.
MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES
CONTRACT
This Contract,made this <9Sa3)day W--r!S^<^^<6^200 *?by and between
Miami-Dade County,a political s ubdivision of the Sffie of Florida /hereinafter referred to as
"County")through its Department of Human Serviceythereinafter referred to as "Department"),
located at 2525 N.W.62nfl Street.Suite 4225 -Miami.FL 33147.and the CITYOF
SOUTH MIAMI located in Miami-Dade County,Florida (hereinafter referred to as "Provider"),
provides the terms and conditions pursuant towhich the Provider shall p rovide a C riminal
Justice Record Improvement Project.
WHEREAS,the County has been awarded federal funds from the DrugControl and
System ImprovementFormula Grant Program under PublicLaw 100-690,the Federal Anti-Drug
Abuse Act of 1988,hereinafter referred to as the ACT;and
WHEREAS,theProvider warrants and represents thatit possesses thelegal
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 ofthe Provider's governing body,authorizingthe
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 outon
behalf of the Provider allof the duties and responsibilities set forthinthis Contract;and
WHEREAS,this Contract shallbe deemed effectiveupon award of grant fundsby
the State of 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 of the services
providedby the Criminal Justice Record Improvement Project by providing aportionof the
federalfunds awarded toMiami-DadeCountytothe Criminal Justice Record Improvement
Project;and
WHEREAS,the County as contractor/grantee for the State of 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
order to fulfill its*contractual obligations under the aforementioned grant,
NOW,THEREFORE,for and in consideration of the mutual covenants recorded
herein,the parties hereto agree as follows:
I.AMOUNT PAYABLE Subject to available funds,the maximum amount payable for
services rendered under this Contract,shallnot exceed $4,991.Both parties agree that should
availableCountyfundingbe reduced,the amount payable under this Agreement maybe
proportionately reduced at the option of the County.
Page 1 of 12
\l.SCOPE OF SERVICES.The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
III.EFFECTIVE TERM.The effective term ofthis Agreement shall be from October 1,2005
through September 30,2006.
IV.CASH MATCH REQUIREMENT.The Provider shall maintain sufficient financial
resources to meet the expenses incurred duringthe period between the provision of services
and payment by the County,including the required 25%Cash Match,and provide all
equipment and supplies required for the provision of services.
V.REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A.Requirements of the Anti-Drug Abuse Act.The Provider agrees to abide byall
of the requirements of the Anti-Drug Abuse Actof 1988 under the Drug Control and System
Improvement Formula Grant Program,including Rule Chapter 9B-61of the Florida
Administrative Code.Furthermore,theFlorida Department ofLaw 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
alllaws,rules,regulations relating thereto are incorporated herein by reference as iffully set
forth.
B.Supplanting.The Provider agrees that funds received under this Contract shall
be utilizedto supplement,not supplant state orlocal funds,and will be used to increase the
amounts of such funds that would,in the absence of grant funds,be made available foranti
druglaw enforcement activities,in accordance withRule Chapter 9B-61.006 (5),Florida
Administrative Code.
VI.CONTINUITY OF SERVICES.Provider agrees to provide optimal continuity of services
by assuring that services are provided bythe same person whenever possible and,ifnot,bya
qualified replacement when necessary.
VII.PROGRAM CONTACT.Providershall designate a contract coordinator whoshallbe
responsible for:1)monitoringtheProvider'scompliance with thetermsofthis Contract and;2)
whenever theCounty so requests,meeting withCounty staff toreview such compliance.
VIII.INDEMNIFICATION BY THE PROVIDER.The Provider shall indemnify and hold
harmless theCountyanditsofficers,employees,agents andinstrumentalitiesfromanyandall
liability,losses or damages,including attorneys'feesandcostsof defense,which theCountyor
its officers,employees,agents or instrumentalities mayincurasaresultofclaims,demands,
suits,causes of actions or proceedings ofanykindor nature arisingoutof,relatingtoor
resulting fromtheperformanceofthisContractbytheProvideroritsemployees,agents,
servants,partners,principals orsubcontractors.Providershallpayallclaimsand losses in
connectiontherewithandshallinvestigateanddefendallclaims,suitsoractionsofany kind or
nature in thenameofthe County,where applicable,including appellateproceedings,andshall
pay all costs,judgments,and attorney's fees which may issue thereon.Provider expressly
understandsand agrees thatanyinsurance protection required bythisContractor otherwise
provided by Provider shall in no way limit the responsibility to indemnify,keepandsave
harmlessanddefendtheCountyorits 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 isan agency orapolitical subdivision of the State as defined
bysection768.28,Florida Statutes,the Provider shall furnish the County,uponrequest,written
verification of liability protection in accordance with section 768.28,Florida Statutes.Nothing
hereinshallbe construed toextendanyparty's liability beyondthatprovidedinsection768.28,
Florida Statutes.
X.LICENSURE AND CERTIFICATION.The Provider shall ensure that all other licensed
professionals providing Criminal Justice Record Improvement services shallhave
appropriate training and experience in the field in which he/she practices and abide by all
applicable State and Federal lawsandregulationsandethical standards consistent with those
established forhis/her profession.Ignorance onthepartofthe Provider shall in noway relieve
itfromanyofits responsibilities inthis regard.
XI.CONFLICT OF INTEREST.The Provider agreestoabidebyandbegovernedby Miami-
Dade County Ordinance No.72-82 (Conflictof Interest Ordinance codified at Section 2-11.1 et
al.oftheCodeof Miami-Dade County),asamended,which is incorporated hereinbyreference
asif fully set forth herein,inconnection with itsContractobligations hereunder.
XII.CIVIL RIGHTS.TheProvider agrees toabideby Chapter 11A oftheCodeof Miami-
Dade County ("County Code"),asamended,which prohibits discrimination in employment,
housingandpublic accommodations;Title VII ofthe Civil RightsActof1968,as amended,
which prohibits discrimination in employment and public accommodation;the Age
Discrimination Actof 1975,42U.S.C.,as amended,whichprohibits discrimination in
employment because ofage;Section504ofthe Rehabilitation Actof 1973,29 U.S.C.§794,as
amended,which prohibits discrimination onthebasisof disability;andtheAmericans with
Disabilities Act,42 U.S.C.§12103etseq.,which prohibits discrimination in employment and
accommodation because ofdisability.
It is expressly understood thatupon receipt ofevidenceof discrimination underanyofthese
laws,the County shall have the rightto terminate this Contract.Itis further understood that the
Provider must submit anaffidavit attesting that itisnotinviolationof the Americans with
Disability Act,the Rehabilitation Act,theFederalTransit Act,49 U.S.C.§1612,andtheFair
Housing Act,42 U.S.C.§3601 etseq.If the Provider orany owner,subsidiary,orother firm
affiliated with orrelatedtothe Provider,is found bythe responsible enforcementagency,the
CourtsortheCountytobein violation of these Acts,theCounty will conduct nofurther
business with theProvider.Any contract entered into based uponafalseaffidavit shall be
voidable bytheCounty.IftheProviderviolatesanyoftheActsduringthetermofanyContract
the Provider has with the County,suchcontractshallbe voidable bythe County,evenifthe
Provider was not in violation at the time it submitted its affidavit.
TheProvider agrees that itisincompliance with theDomesticViolenceLeaveOrdinance,
codified as§11A-60 et seq.ofthe Miami-Dade CountyCode,whichrequiresanemployer,who
intheregular course of business has fifty (50)ormore employees workinginMiami-Dade
Countyfor each working day during each oftwenty(20)or more calendar work weeks to
provide domesticviolenceleavetoitsemployees.Failuretocomply with thislocallawmaybe
grounds forvoidingor terminating this Contract orfor commencement of debarment
proceedings against Provider.
Page3 of 12
XIII.NOTICES.NoticeunderthisContractshallbe sufficient ifmadein writing anddelivered
personallyor sent bymailorbyfacsimiletothepartiesatthe following addresses orto such
other address as either party may specify:
If to the COUNTY:
If to the PROVIDER:
Miami-Dade County
Department of Human Services
2525 NW 62nd Street,Suite4225
Miami,Florida 33147
Attention:Ms.MichaelaDoherty
South Miami Police Department
6130 SW 72nd Street
South Miami,FL 33143
Attention:Lt.Bruce Ross
XIV.AUTONOMY.Bothparties agree thatthisContract recognizes the autonomy ofand
stipulates orimpliesnoaffiliation between the contracting parties.Itis expressly understood
and intended that the Provider is only a recipient of funding support and isnotan agent or
instrumentality of the County.Furthermore,the Provider's agents and employees are not
agents or employees of the County.
XV.BREACH OF AGREEMENT:COUNTY REMEDIES.
A.Breach.A breach by the Provider shall have occurred under this Contract if:(1)
The Provider failsto 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 failsto submit,or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or failsto submit or submits
incomplete or incorrect detailed reports of expenditures orfinal expenditure reports;(4)the
Provider does not submit or submits incomplete or incorrect required reports;(5)the Provider
refuses toallow the County access to records or refuses toallow the County tomonitor,
evaluate and review the Provider's program;(6)the Provider discriminates under any of the
laws outlined in Section XII ofthis Contract;(7)the Provider failsto provide Domestic Violence
Leave toits employees pursuant tolocallaw;(8)the Provider falsifiesor violates the provisions
oftheDrug Free Workplace Affidavit (Attachment D);(9)theProvider attempts to meet its
obligations under this Contract throughfraud,misrepresentation ormaterial misstatement;(10)
the Provider failsto correct deficiencies foundduringamonitoring,evaluation or reviewwithin
thespecifiedtime;(11)theProviderfailstomeetanyofthetermsandconditionsofthe Miami-
DadeCounty Affidavits (Attachment D);(12)theProviderfailsto meet anyofthetermsand
conditionsof any obligation under any contract orotherwiseorany repayment schedule to any
ofits agencies orinstrumentalities;or(13)theProviderfailsto fulfill inatimely and proper
manneranyandallofitsobligations,covenants,agreements andstipulationsinthisContract.
Waiverof breach ofanyprovisionsofthisContractshallnotbe deemed tobeawaiverofany
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 orallof the following remedies:
Page4 of 12
1.TheCounty m ayt erminate thisContractbyg iving writtennoticetothe
Provider ofsuch termination and specifying the effective datethereofatleast five (5)days
before the effective dateof termination.In theeventof termination,the County may:(a)
requestthe return ofall finished or unfinished documents,datastudies,surveys,drawings,
maps,models,photographs,reportspreparedand secured bytheProvider with Countyfunds
under this Contract;(b)seek reimbursement ofCounty funds allocated to the Provider under
this Contract;(c)terminateorcancelanyothercontractsenteredintobetweenthe County and
the Provider.The Provider shall be responsible forall direct and indirect costs associated with
such termination,including attorney's fees;
2.The County may suspend payment in whole orin part under this Contract
by providing written noticetotheProviderofsuch suspension andspecifyingtheeffectivedate
thereof,atleast five (5)daysbeforethe effective dateof suspension.Ifpaymentsare
suspended,theCountyshallspecify in writing theactionsthatmustbetakenbythe Provider as
condition precedent toresumptionofpaymentsandshallspecifya reasonable date for
compliance.The County mayalsosuspendanypayments in whole orinpartunderanyother
contractsenteredintobetweentheCountyandthe Provider.TheProvidershallberesponsible
for all directand indirect costs associated with suchsuspension,including attorney'sfees;
3.TheCountymayseekenforcementofthisContract including butnot
limited to filing action with acourtof appropriate jurisdiction.The Provider shallbe responsible
for all direct and indirect costsassociated with suchenforcement,including attorney'sfees;
4.TheCountymaydebarthe Provider from futureCounty contracting;
5.If,foranyreason,theProvidershouldattempttomeetits obligations
under this Contract through fraud,misrepresentation or material misstatement,the County
shall,wheneverpracticableterminatethisContractby giving written noticetotheProviderof
such termination and specifying the effective datethereofatleast five (5)daysbeforethe
effective dateofsuch termination.The County mayterminate or cancel any other contracts
which such individual or entity has with the County.Such individual or entity shallbe
responsibleforalldirectorindirect costs associated with such terminationorcancellation,
including attorney's fees.Any individual orentitywho attempts to meet its contractual
obligations with theCountythrough fraud,misrepresentation or material misstatementmaybe
disbarredfromCounty contracting foruptofive(5)years;
6.Any other remedy availableatlaworequity.
C.The County Manager is authorized to terminate this Contract on behalf of
the County.
D.Damages Sustained.Notwithstanding the above,the Provider shallnotbe
relieved of liability totheCountyfordamagessustainedbythe County by virtue ofanybreach
oftheContract,andtheCountymay withhold any payments totheProvider until such time as
theexactamountof damages duetheCountyisdetermined.TheProvidershallberesponsible
foralldirectandindirect costs associated with suchaction,including attorney's fees.
XVI.TERMINATION BY EITHER PARTY.Both partiesagreethatthisContractmaybe
terminatedby either party hereto bywrittennoticetothe other partyof such intentto terminate
Page5 of 12
atleast sixty (60)days prior tothe effective dateofsuch termination.The County Manageris
authorizedto terminate thisContractonbehalfoftheCounty.
XVII.PROJECT BUDGET AND PAYMENT PROCEDURES.TheProvider agrees that all
expendituresor costs shallbemadein accordance with theBudgetwhichis attached herein
and incorporated hereto as Attachment B.
A.Budget Variance.Fundsmaybeshifted between approved lineitems,notto
exceed fifteen percent (15%)of the total budget,withoutawritten amendment.Variances
greater than fifteen percent (15%)inany approved lineitemshall require awritten amendment
approved by the Department.
B.Recapture Funds.At the conclusion ofthethird quarter and upon submission of
the Quarterly Performance Report and Invoice,theCounty will reviewthe Provider's Year-To-
Date expenditures.
1.Municipalitiesreporting remaining balances which exceed expenditure
levelsfornormal program operations mustsubmitaplanwith the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter tofully expend the
contract by the end of the program year.
2.This expenditure plan must be approved by the County.
3.Where the municipality does not anticipate full expenditures by the end of
the program year,the County will recapture the anticipated unexpended amount for use in
another program,without a formal amendment process.
C.Payment Procedures.The County agrees to pay the Provider for services
rendered under this Contract based on the lineitem budget incorporated herein and attached
hereto as Attachment B.The parties agree that thisisa cost-basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B).The Provider agrees toinvoice the County for each
Criminal Justice Record Improvement using the Quarterly Project Performance Report &
Invoice as it appears in Attachment C,and todo so ona quarterly basis,as stated in Section
XIX.B.1.The Quarterly Project Performance Report &Invoice shall be prepared ina manner in
accordance with the form provided in Attachment C.The final Quarterly Project Performance
Report &Invoice shall be submitted by October 15,2006.
D.The Provider agrees tomailallinvoicesto the address listed above,Section XIII.
E.The County agrees toreviewinvoices and toinform the Provider of any
questions.Payments shall bemailedtotheProviderbythe County's Finance Department.
F.No payment of subcontractors.Inno event shall county funds be advanced
directly to any subcontractor hereunder.
XVIII.INVENTORY -CAPITAL EQUIPMENT AND REAL PROPERTY.
A.Acouisition of Property.The Provider is required to be prudent in the acquisition
and management ofproperty with federalfunds.Expenditure offundsforthe acquisition of
Page6 of 12
new property,when suitable property required for the successful execution of projects is
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 itis needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs.While there is
no prescribed standard for such review,the Provider procedures may establish levels ofreview
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization.The establishment ofa screening committee may facilitate the process;however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that itis not already within the Provider's
organization.The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management.The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system,project costs associated with the acquisition of the property may
be disallowed.
C.Loss.Damage or Theft of Equipment.The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost,stolen,damaged or destroyed.Any
loss,damage,or theft of the property must be investigated and fully documented and made part
of the official project records.
D.Equipment Acquired with Crime ControlAct Block/Formula Funds.Equipment
acquired shall be used and managed to ensure that the equipment is used forcriminal 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),locationof 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 years;3)a control system must exist to ensure adequate safeguards to prevent loss,damage
or theft oft he p roperty.Any Ioss,d amage,ort heft shallbei nvestigated byt he P rovider 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 shallbe retained fora period of3 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
alllitigation,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 detail to provide any reports
that may be requested by the County.
Page7 of 12
A.Records.All program records will be retained by the Provider fornot less than
three (3)years beyond the term ofthis Agreement.In accordance with contract requirements
from the State ofFlorida,records forthe Criminal Justice Record Improvement Project
services must reflect:
1.The names of staff providing services as described in Attachment A.
2.The dates and number of hours the staff provided services.
3.The dates of services andactivities and the names of program
participants in attendance to such as described in Attachment A.
4.The records ofall 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 Invoiceto the Department of Human
Services by January 15,April 15,July 15,and October 15,2006 covering the Agreement
activityfor 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 Reouired 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 Reguirements.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,
monitoringor audit by the County withoutnoticeduringnormal business hours allfinancial
records and other program records and documents which relate toor have been produced or
created as a result of this Agreement.TheProvidershallprovide assistance as maybe
necessary tofacilitateafinancial/programauditwhen deemed necessary bytheCountyto
ensure compliance with applicable accounting andfinancial standards.The County reserves
the right torequiretheProvidertosubmittoanauditoftheCounty'schoosing.Furthermore,
theProvider understands,itmaybe subject toanaudit,random or otherwise,by the Officeof
theDadeCounty Inspector Generalorindependentprivate sector inspector general retainedby
the Officeof the Inspector General.
E.Office of Miami-Dade County Inspector General.Miami-Dade County has
established theOfficeofthe Inspector General,whichis empowered toperformrandomaudits
onallCounty contracts throughoutthedurationof each contract.Grantrecipients are exempt
frompayingthe cost oftheaudit,whichis normally 1/4of1%ofthetotal contract amount.
The Miami-Dade CountyInspectorGeneralisauthorizedand empowered toreviewpast,
presentandproposed County and Public health Trust Programs,contracts,transactions,
accounts,records,andprograms.In addition,theInspector General has thepowerto
subpoena witness,administer oaths,require the production ofrecordsand monitor existing
projects andprograms.Monitoring ofan existing project or program may include a report
Page8 of 12
concerning whether the projectisontime,within budget andin compliance withplans,
specifications and applicable law.
TheInspectorGeneralis empowered toanalyzethe necessity ofand reasonableness of
proposed change orders to the Contract.The Inspector General is empowered toretainthe
services of independent private sector inspectors general toaudit,investigate,monitor,
oversee,inspect and review operations,activities,performance and procurement process
including butnotlimitedtoprojectdesign,bid specifications,proposal submittals,activitiesof
theProvider,its officers,agents and employees,lobbyists,County staff and elected officialsto
ensure compliance with contract specifications andto detect fraud and corruption
Upon ten (10)days priorwrittennoticeto the Providerfrom the Inspector General or IPSIG
retainedby the Inspector General,the Providershall make all requested records and
documents availableto the Inspector General or IPSIG for inspection and copying.The
InspectorGeneralandIPSIGshallhavetherightto 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,pertainto performance of thecontract,including,butnotlimitedto
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,
proposaland 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,andsupporting 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 inall
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothinginthis contract shallimpairany independent right of the County to conduct auditor
investigative activities.T he p revisions ofthissectionaren either i ntended norshallt hey be
construed to impose any liabilityon the County by the Provider orthird parties.
F.Independent Private Sector Inspector General Reviews.Pursuant to Miami-
Dade County Administrative Order 3-20,the Provideris aware that the County has the rightto
retain the services of an Independent Private Sector Inspector General ("IPSIG"),whenever the
County deems it appropriate todoso.Uponwrittennoticefrom the County,the Providershall
make available to the IPSIG retained by the County,all requested records and documentation
pertainingtothis 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
andany changes thereto approved bytheCounty,be inclusive of any changes relatingto 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 shallimpair any
independent right of the County to conduct anauditor investigate the operations,activities and
performance of the Provider in connection withthis Contract.The terms of this Section shall
not impose any liability on the County by the Provideror any thirdparty.
Page9 of 12
G.Evaluation Studies.The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department ofLaw
Enforcement,Business Support Program,OfficeofCriminal 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
retainlegal counsel for any actionor proceeding against the Countyor any ofits agents,
instrumentalities,employees orofficials.The Provider shall notutilize County funds to provide
legal representation,advice or counsel to any client in any action or proceeding against the
Countyor any ofits agents,instrumentalities,employees orofficials.
B.Religious Purposes.County funds shallnotbe used for religious purposes.
C.Commingling F unds.T he P rovider shalln ot commingle funds p rovided under
this Contract with funds received from any other funding sources.
XXI.MISCELLANEOUS.
A.Contract.This Contract is the complete and exclusive statement ofall the
arrangements betweentheCountyandtheProviderregarding provision oftheservices
described in Attachments A and B.Nothinghereinshallalter,affect,modify,change or extend
anyother agreement betweentheProviderandtheCountyunlessspecifically stated herein.
B.Amendments and Modifications.Except as otherwise enumerated herein,no
amendment tothis Contract shallbebindingoneitherparty unless reduced to writing,signed by
bothparties,and approved bytheCountyManager.Provided,however,that theCountymay
effect amendments to this Contract without the written consent of the Provider,to conform this
Contractto changes inthelaws,directives,guidelines,andobjectivesof County,State and
Federal Governments.
Any alterations,variations,amendments,orother modifications ofthisContract,including but
not limited toamountpayableand effective term,shallonlybe valid whentheyhavebeen
reducedto writing,duly approvedandsignedby both partiesandattachedtothe original ofthis
Contract.
The County and Provider mutually agreethat amendments oftheScopeof Service,line item
budget of more than fifteen percent (15%)ofthe total budget set forth herein andothersuch
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,mapsandotherdataand procedures developed,prepared,assembledor
completed by the Provider in connection with the duties and responsibilities undertaken by the
Providerin accordance with the terms ofthis Contract shall become the property of the County
without restriction,reservationor limitation oftheiruseandshallbemadeavailabletothe
County by the Provider atany time upon request by the County.Upon completion of all work
contemplated under this Contract,copies of all ofthe above data shall be delivered tothe
County upon request.
Page10 of12
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.Publicity.Itis understood and agreed between the parties hereto thatthis
Provideris funded by Miami-Dade County.Further,by acceptance of these funds,the Provider
agrees that events andprinted documents fundedbythisContractshall recognize thefunding
source as follows:
This programwassupportedbyagrantawardedtothe Miami-Dade County
Department of Human Services,the Florida Department of Law Enforcement
(FDLE)and the U.S.DepartmentofJustice,Bureau of Justice Assistance (BJA).
F.Subcontracts.The Provider agrees not to enter into subcontracts,retain
consultants,orassign,transfer,convey,sublet,orotherwise dispose ofthisContract,oranyor
all ofitsrights,titleor interest herein,oritspowerto execute such Contractwithoutthe prior
written approval oftheCountyandthat all subcontractorsor assignees shallbegovernedby
the terms and conditions of thisContract.IfthisContract involves the expenditure of $100,000
ormoreby the County andtheProvider intends to use subcontractors toprovidethe services
listedin the Scope of Services (Attachment A)or suppliers to supply the materials,the Provider
shallprovide the names of the subcontractors and suppliers on the form attached as
Attachment E.The Provider agrees thatit will not change or substitute subcontractors or
suppliersfrom those listedin Attachment Ewithout prior writtenapproval of theCounty.
G.Headings.UseofSingularandGender.Paragraph headings arefor
convenience only and arenot intended to expand orrestrict the scope or substance ofthe
provisionsofthisContract.W herever u sed herein,thesingularshallincludethep lural and
pluralshall include the singular and pronouns shall be read as masculine,feminine or neuter as
the context requires.
H.TotalofContract/SeverabilitvofProvisions.This twelve (12)page Contractwith
its recitals on the first page of the Contract and withits attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:Scope of Services
Attachment B:Budget
Attachment C:Quarterly Project Performance Report &Invoice
Attachment D.Miami-Dade County Affidavits
Attachment D1:Code of Business Ethics
Attachment D2:Miami-Dade County Debarment Disclosure Affidavit
Attachment D3:State Public Entities Crime Affidavit
Attachment E.Provider'sDisclosureof Subcontractors and Suppliers
No other Contract,oralor otherwise,regarding the subject matter of this Contract shall be
deemed to exist orbind any of the parties hereto.If any provision of this Contract is held invalid
orvoid,the remainder of thisContractshallnotbe affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
Page11 of 12
IN WITNESS WHEREOF,thepartieshereto have caused thisContracttobe executed
by their respective and duly authorized officers,the day and year first above written.
City Manager
Signature Title
Maria V.Davis
Name (typed)
ATTEST:
fjW ChQ^L^^L By:
By:
tr
Page12 of 12
(Corporate Seal)
MIAMI-DADE COUNTY,FLORIDA
GE^GEM^URGtGESS
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
Quarteriy Project Performance Report &Invoice
Miami-Dade County Affidavits
Code of Business Ethics
Miami-Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name:SOUTH MIAMI
Address:6130 SW 72 Street,
South Miami,FL 33143
ProgramArea:RecordsImprovement
ProgramName:Records Improvement
Contact Person:Lt.Bruce Ross
Contact Numbers:663-6313 Office
663-6337 Fax
Program Dates:10/01/05 through09/30/06
Target Population:City Residents
Problem Identification
South Miami Police Department was awarded grantfundsfive years ago,tobeginits
conversion toa paperless systemof criminal justice reporting.Theybegantheirefforts with
supplying patrol officers with laptop computers.This allowed officers to complete reports
conductbackground checks whileonroutinestops.Although the department wasableto
purchase28laptops,they fell short in being abletosupplyeachoftheir officers with
equipment.Additionally,thecomputersare now morethan five yearsoldandare in needof
repair or replacement.
Program Description
Keeping current with equipmentandsoftwarethe department wishes to purchase new
equipmentforpatrolofficers.Theequipment will makeitpossibleto access necessary data
from NCIC/FCIC withoutcalling the dispatcher.Manytimes,a dispatcher is so busy handling
these variousresponsibilities that anofficer will havetowaittoreceiveinformationthatthey
have requested.Thisdelaycan endanger anofficer's life.Once anofficercan access
NCIC/FCIC from the patrolvehicle,the dispatcher will berelievedofthis additional duty,and
the officer will have the information at his/her fingertips.
Incorporating laptopreportingatthepatrolofficer'slevelwould establish amore efficient
recordkeeping process.The use of laptops will reduce the time needed to store data and
provideforamore accurate recordofpolice services.South Miami will be able totransmitand
receive information when conducting FCIC and NCIC checks.A dditionally,the department
can share information with other locallaw enforcement agencies.Grant funds will be used to
purchase equipment toimprovethe department's criminal justice records system.
Jurisdiction Name:SOUTH MIAMI
Address:6130 SW 72 Street,
South Miami,FL 33143
Program Area:Records Improvement
ProgramName:Records Improvement
Proposed Activities
Contact Person:Lt.Bruce Ross
Contact Numbers:663-6313 Office
663-6337 Fax
Program Dates:10/01/05 through 09/30/06
Target Population:City Residents
Planned Measures Monitoring Plan
15C.08 To automate criminal
justicerecords system duringthe
grant year.
Purchase two laptop
computers,software,and
interface system forpatrolunit.
ProgramPlanandActivity
Schedule.
Copies ofinvoicesformaterials
purchased.
Michaela Doherty,DHS
ATTACHMENT B
PROGRAM BUDGET
Jurisdiction Name:SOUTH MIAMI
Program Area:Record Improvement
Program Name:Record Improvement Program
Salaries and Benefits,Total
Operating Capital Outlay
Laptop computers 2@ $1268 ea.
Software licenses 2@ $1559 ea.
Maintenance and Service contract
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.
9/26/2005,Sm$05
$4,991
$1,663
Contact Person:Lt.Bruce Ross
(305)663-6313 PH-(305)663-6337 FX
Program Dates:10/01/05 -09/30/06
$2,536
$3,118
$1,000
$0
$6,654
$0
$0
$6,654
A •.-;
ATTACHMENT C
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
DrugControland System ImprovementFormulaGrant Program
Quarterly Project Performance Report
RECORD IMPROVEMENT PROJECT
PURPOSE AREA 15B
(City)
(Project Name)
(Name of Person Completing Form)(Title)
STATE ID NUMBER:06-JAGC-DADE-11-M8-053
GRANT NUMBER:HSB456
(Phone)
i:-W(RepoitJNurriber r*;-^^•Quarteriv Period £>Report Due Dates
1 October 1-December 31 January 15
2 January 1-March 31 April 15
3 April1-June 30 July 15
4 July 1-September 30 October 15
;;Report Number Quarterly Period Report Due Dates
Note:Those questions thataredirectlyrelatedtoyour program havebeenhighlightedforyour
convenience.All questions must beansweredandexplainedinthe NARRATIVE portionofthisreport.
AnyreportnotreceivedbyJanuary 16;April 16;July 16;and/or October16,willresultintheissuance
ofa "Noncompliance Notice"andadelayordenial of Reimbursement Requests.
FY2006QuarterlyProjectReport
CriminalJusticeInformationSystem15B
RecordImprovementProject
SouthMiami
Pleaseanswerthehighlightedquestionsthatcorrespondtoyourproject
15C.20Topurchaseequipmentforcriminaljusticerecordsimprovementactivitiesinthisproject.
20aWasequipmentorderedforprojectoperationsduringthisquarter?
20b.Wasequipmentforprojectoperationsreceivedduringthisquarter?
20c.Wasequipmentforprojectoperationsdistributedduringthisquarter?
20d.Wasequipmentforprojectoperationsusedduringthisquarter?
15C.21Toconvertamanualrecordssystemintoanelectronicrecordsretentionsystemforthe
purposeofcriminaljusticerecordsimprovement
21a.Howmanymanualrecordswereconvertedtoanelectronicrecordsretentionsystem
duringthisquarter?
21b.Howmanyovertimehourswereusedtoconvertmanualrecordstoanelectronicrecords
retentionsystem?
PROGRAMNARRATIVE
InaccordancewithFDLE,allprojectsmustincludeadetaileddescriptionofprogramactivitiesforeachquarter.
Jurisdictionsfailingtocompletethisportionofthereportwillbe"OutofCompliance"inadditiontoadenialof
denialofreimbursementrequests.
Edward ByrneMemorial State andLocalLaw Enforcement Assistance FormulaGrantProgram
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%ofyour current claim)
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 forthis
Claim$(75%),the balance of costs,$(25%),tobe recorded asourin-kindcontributionto
comply with the local match requirements.
Attached,please findthe records which substantiate the above expenditures.I certify that allofthe costs have been paid and
none of the items have been previously reimbursed.Allof the expenditures comply with the authorized budget and fallwithin
the contractual scope of services and allof the goods and services have been received,for which reimbursement is requested.
Respectfully submitted,
Chief of Police/Other City Official Payment Approved,Miami Dade County
Miami DadeCounty Page2of3
School Resource Officer Project
HSB446
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS-Payroll Expenses
City:.DateofClaim:
ProjectName:.ClaimNumber:
Name Date of Type of Total
Officer/Staff Activity Activity*Hours
'(Presentation,ParentMeeting,Fieldtrip,etc.)
TOTAL HOURS .AT $.PERHOUR=$.
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,time sheets and OT slips,documenting payroll expenses,must be attached to process this payment.
Miami Dade County Page3of3
School Resource OfficerProject
HSB446
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment,Supplies,Material Expenses)
City:.Dateof Claim:.
ProjectName:.ClaimNumber:.
Item Date Check
Vendor Description Paid Number Amount
TOTAL AMOUNT OF EXPENSES:
NOTE:Copies of all invoices and cancelled checks for this request must be attached to process payment.
,?.L*
ATTACHMENT D
/•
ATTACHMENT D
DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
MIAMI-DADE COUNTY AFFIDAVITS
Thecontractingindividual,orentity (governmental orotherwise)shallindicatebyan"X"allaffidavits
thatpertaintothiscontractandshallindicatebyan"N/A"allaffidavitsthatdonotpertaintothiscontract.All
blankspacesmustbefilled.
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
notpertaintocontractswiththeUnitedStatesoranyofits departments oragenciesthereof,theStateorany
politicalsubdivisionoragencythereoforany municipality ofthisState.TheMIAMI-DADEFAMILYLEAVE
AFFIDAVITshallnotpertaintocontractswiththeUnitedStatesorany of itsdepartmentsoragenciesorthe
State of Floridaoranypoliticalsubdivisionoragency thereof;itshall,however,pertaintomunicipalities of the
State of Florida.Allothercontractingentitiesorindividualsshallreadcarefullyeachaffidavittodetermine
whether or not it pertains to this contract.
I,Maria V.Davis ,being firstdulyswornstate:
Affiant
Thefull1egal n ame andbusinessaddressofthep erson(s)ore ntitycontractingortransactingbusinesswith
Miami-DadeCountyare(Post Office addressesarenotacceptable):
59-6000431
FederalEmployer Identification Number(Ifnone,SocialSecurity)
City of South Miami
Name of Entity,Individual(s),Partners,orCorporation
DoingBusinessAs (if sameasabove,leaveblank)
6130 Sunset DriveSouthMiami,FL33143
StreetAddress City State ZipCode
N/AI.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec.2-8.1 of the County Code)
1.If the contract orbusiness transaction iswitha corporation,thefulllegalnameandbusinessaddress
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5%)or more ofthe corporation's stock.Ifthe contract or business transaction is with a
partnership,the foregoing information shall be provided for each partner.If the contract or business
transaction iswitha trust,the full legal name and address shallbe provided foreach trustee andeach
beneficiary.The foregoing requirements shall not pertain to contracts with publicly traded
corporations or 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.All such names and
addressesare(PostOfficeaddressesarenotacceptable):
Full Legal Name Address Ownership
%
%
lof5
N/A
n.
N/TIL
2.The full legal names and business address of anyother individual (otherthansubcontractors,
material men,suppliers,laborers,orlenders)whohave,or will have,anyinterest (legal,equitable
beneficial or otherwise)inthe contract or business transaction with Dade County are(Post Office
addressesare not acceptable):
3.Any personwhowillfully fails tod isclosetheinformationrequiredherein,orwhoknowingly
disclosesfalse information inthisregard,shallbepunished by afine of uptofivehundreddollars
($500.00)or imprisonment intheCountyjailforupto sixty (60)daysorboth.
MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No.90-
133,Amending sec.2.8-1;Subsection (d)(2)of the County Code).
Except where precluded by federal or State laws or regulations,each contract orbusiness transaction or
renewal thereof which involves theexpenditure often thousanddollars($10,000)ormoreshallrequire
theentity contracting or transacting businessto disclose thefollowing information.The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof,theStateoranypoliticalsubdivisionoragencythereoforanymunicipality of this State.
1.
2.
Doesyour firm haveacollective bargaining agreement withitsemployees?
Yes No
Doesyourfirmprovidepaidhealthcarebenefitsforits employees?
Yes No
Provideacurrentbreakdown(number of persons)of yourfirm's
workforceand ownership astorace,nationaloriginandgender:
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(County Ordinance 98-30codifiedat 2-8.1.5 of theCountyCode.)
In accordance with County Ordinance No.98-30,entities with annual gross revenues in excess of
$5,000,000 seeking to contract withthe County shall,as a condition of receiving a County contract,
have:i)a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate inits employment and promotion practices;and ii)a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women-owned businesses initsown procurement of goods,supplies and services.Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate inits employment,promotion and procurement practices.
The foregoing notwithstanding,corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discriminatory employment and
procurement policies,and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract.The foregoing presumption may be rebutted.
2 of 5
The requirements of County Ordinance No.98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the 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 $5,000,000;however,its Board of Directors is
representative of the population make-up of the nation and has submitted a written,detailed
listing of its Board of Directors,including the race or ethnicity of each board member,to the
County's Department of Business Development,175 N.W,1st Avenue,28th Floor,Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above,which includes periodic
reviews to determine effectiveness,andhas submitted the plan andpolicytothe County's
Department of Business Development 175 N.W.1st Avenue,28th Floor,Miami,Florida
33128;
The firm does n ot have ana ffirmative action plan and/or aprocurement policy asdescribed
above,but has been granteda waiver.
N^W.MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual orentity entering into a contract or receiving funding from the County has
hasnotas of thedate of this affidavit beenconvicted of afelonyduringthepastten (10)years.
Anofficer,director,orexecutive of theentity entering intoa contract or receiving funding from the
County has has not as ofthe date of this affidavit been convicted of a felony during the past
ten (10)years.
^_V.MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No.92-15 of the Code of Miami-Dade County,Florida,the above
named person orentityis providing a drug-free workplace.A written statement to each employee
shall inform the employee about:
1.danger of drugabuseinthe workplace
2.thefirm'spolicy of maintaininga drug-free environmentatallworkplaces
3.availability of drug counseling,rehabilitation andemployee assistance programs
4.penalties thatmaybe imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement,as a condition of employment
that the employee will abide bythe terms and notifythe employer of any criminal drug conviction
occurring no later than five (5)days after receiving notice of such conviction and impose appropriate
personnel action against the employee upto and including termination.
Compliance with Ordinance No.92-15 may be waived if the special characteristics of the product or
service offered bythe person or entity make it necessary for the operation of the County or for the
health,safety,welfare,economic benefits and well-being of the public.Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
3 of 5
J^VI.MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section 11A-29 et.seq of the County Code)
Thatin compliance with OrdinanceNo.142-91 of theCode of Miami-Dade County,Florida,an
employerwithfifty(50)ormoreemployeesworkinginDadeCountyforeachworkingdayduring
each of twenty (20)ormorecalendarwork weeks,shall provide thefollowing information in
compliancewithallitemsintheaforementioned ordinance:
An employee who has worked fortheabovefirmatleastone(1)yearshallbeentitledto ninety (90)
days of familyleaveduringany twenty-four (24)monthperiod,formedicalreasons,forthebirthor
adoption of achild,orforthecare of achild,spouseorothercloserelative who hasaserioushealth
condition without risk of termination of employment or employer retaliation.
The foregoing requirementsshallnot pertain to contracts withtheUnitedStatesoranydepartmentor
agencythereof,ortheState of Florida oranypolitical subdivision oragencythereof.Itshall,
however,pertainto municipalities of thisState.
2LVIL DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95)
Thattheabove named firm,corporationororganizationisin compliance with andagreesto continue
tocomplywith,andassurethatany subcontractor,orthirdpartycontractorunderthisprojectcomplies
withallapplicablerequirements of thelawslisted below including,butnotlimitedto,those
provisions pertaining toemployment,provision of programs andservices,transportation,
communications,accesstofacilities,renovations,and new construction inthefollowinglaws:The
Americans with Disabilities Act of 1990 (ADA),Pub.L.101-336,104Stat327,42 U.S.C.
12101-12213 and 47 U.S.C.Sections 225and 611 including Title I,Employment;Title II,Public
Services;TitleIII,Public Accommodations andServicesOperated by PrivateEntities;TitleIV,
Telecommunications;andTitle V,MiscellaneousProvisions;The Rehabilitation Act of 1973,29
U.S.C.Section 794;The FederalTransitAct,as amended 49 U.S.C.Section 1612;The Fair Housing
Act asamended,42 U.S.C.Section3601-3631.Theforegoing requirements shallnotpertainto
contracts withtheUnitedStatesor any departmentoragencythereof,theStateoranypolitical
subdivisionor agency thereof oranymunicipality of thisState.
*^III.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 intoa contract withthe County
verifies thatalld elinquent and currently due fees ortaxes--i ncluding butnot1imited tor eal and
property taxes,utilitytaxes and occupational licenses -which are collected inthe normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
inthename of the firm,corporation,organization or individual havebeenpaid.
^/&.CURRENT ON ALL COUNTY CONTRACTS,LOANS AND OTHER OBLIGATIONS
The individual entityseekingto transact business withtheCountyis current inallits obligations to
theCountyandisnot otherwise in default ofany contract,promissory noteorother loan document
withtheCountyorany of itsagenciesorinstrumentalities.
4 of 5
N^-PROJECT FRESH START (Resolutions R-702-98 and 358-99)
Any firm that has a contract withthe County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start,the County's Welfare to Work Initiative.However,if five percent
(5%)of the firm's work force consists of individuals who reside in Miami-Dade County and who have
lostorwilllosecashassistancebenefits(formerlyAidtoFamilieswithDependentChildren)asa
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,the firm may
requestwaiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request
affidavit.The foregoing requirement does not pertain to government entities,not for profit
organizationsorrecipients of grant awards.
X_XI.DOMESTIC VIOLENCE LEAVE (Resolution 185-00;99-5 Codified At 11A-60 Et.Seq.of the
Miami-Dade County Code).
Thefirm desiring todobusinesswiththeCountyisin compliance withDomesticLeave Ordinance,
Ordinance99-5,codifiedat 11A-60 et.seq.of theMiamiDadeCountyCode,whichrequiresan
employerwhichhasinthe regular course of business fifty(50)ormoreemployeesworkinginMiami-
DadeCountyforeachworkingday during each of twenty(20)ormore calendar workweeksinthe
currentorproceedingcalendaryears,toprovideDomestic Violence Leavetoits employees.
Ihavecarefullyreadthisentirefive(5)page documententitled,"Miami-DadeCountyAffidavits"and
haveindicated by an"X"allaffidavitsthatpertaintothiscontractandhaveindicated by an "N/A"allaffidavits
thatdonotpertaintothis contraj
known to me orhas presented
(Type of Identification)
(PrintorStamp of Notary)
NotaryPublic-StampState of.
(State)
5 of 5
lature ofAffiant)(i6ate)
SUBSCRIBED AND SWORN TO (or affirmed)before me this ^ff^day of ^Ja^lo^kA*^
200^7by Maria V.Davis .He/She ispersonally
as identification.
(Serial Number)
(Expiration Date)
Notary Seal
AtT/^H^
•toil-''..••^.v'.i
;{t">
ML4MI-DADE COUNTY FLORIDA ATTACHMENT D1
Form A-12
Code of Business Ethics
In accordance with Resolution R-994-99 each person or entity that seeks to do business
withM iami-Dade County shall adopt the M iami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami-Dade County/Greater Miami ChamberofCommerce seeks to create andsustainan
ethical business climate forits members and the community by adopting a Code of Business
Ethics.Miami-Dade County/Greater Miami ChamberofCommerce encourages its members to
incorporate the principles andpractices outlined hereintheir individual codesofethics,which will
guide their relationships with customers,clients and suppliers.This Model Codecanand should
be prominently displayedat all business locations andmaybeincorporatedinto marketing
materials.Miami-Dade County/Greater Miami Chamber of Commerce believes thatits members
shouldusethisCode as amodelforthedevelopmentoftheir organizations'business codes of
ethics.
ThisModel Code isa statement of principles tohelp guide decisions and actions based on respect
for the importance ofethical business standards inthecommunity.Miami-Dade County/Greater
Miami Chamber of Commerce believes the adoption ofa meaningful code of ethics isthe
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page,Form A-12,the Proposer hereby
agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics.If the Proposer firm's code varies in any way the
Proposer must identify the difference(s)on a separate document attached to Form A-12.
Compliance with Government Rules and Regulations
•We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
•In dealing with government agencies and employees,we will conduct business in accordance
withall applicable rules and regulations and in the open;
•We,the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission,the Officeof Inspector General or appropriate
law enforcement authorities.
Recruitment.Selection and Compensation of Contractors.Consulting.Vendors,and Suppliers
•We,the undersigned Proposer will avoidconflictsof interest and disclose such conflicts when
identified;
•Gifts that compromise theintegrityofa business transaction are unacceptable;we will notkick
backanyportionofa contract payment to employees of the other contracting partyor accept
such kickback.
9/6/2005 Page 1 of 3
MIAMI-DADE COUNTY,FLORIDA
Business Accounting
•Allourfinancial transactions will be properlyandfairly recorded in appropriate books of
account,and
there will be no "off the books"transactions or secret accounts.
Promotion and Sales of Products and Services
•Our products will comply withall applicable safety and quality standards;
•We,the undersigned Proposer will promote and advertise our business and its products or
services ina manner that isnot misleading and does not falsely disparage our competitors;
•We,the undersigned Proposer will conduct business with government agencies and employees
ina manner that avoids even the appearance of impropriety.Effortstocurry political favoritism
are unacceptable;
•Ourproposalwill be competitive,appropriatetothe request for proposals/qualifications
documents and arrivedat independently;
•Any changes to contracts awarded will have a substantive basis and not be pursued merely
because we are the successful Proposer.
We,the undersigned Proposer will,to the best ofourability,perform government contracts
awarded at the price and under the terms provided forin the contract.We will not submit
inflated invoices for goods provided or services performed under such contracts,and claims
will be made only for work actually performed.We will abide by all contracting and
subcontracting regulations.
We,the undersigned Proposer willnot,directlyor indirectly,offer to give abribeor otherwise
channel kickbacks from contracts awarded,to government officials,their family members or
business associates.
We,the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation inpolitical campaigns.
Public Life and Political Campaigns
•We,the undersigned Proposer encourage all employees to participate in community life,public
service and the political process to the extent permitted by law;
We,the undersigned Proposer encourage all employees to recruit,support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
•Our contributions topolitical parties,committees or individuals will be made only in accordance
with applicable laws and will comply withall requirements for public disclosure.All contributions
made on behalf of the business must be reported to senior company management;
•We,the undersigned Proposer willnot contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
9/6/2005 Page 2 of 3
MIAMI-DADE COUNTY,FLORIDA
We,the undersigned Proposer will notknowingly disseminate false campaign informationor
support those who do.
Pass-through Reguirements
This Code prohibitspass-through payments whereby theprime firm requiresthatthe MBE firm
accepts payments asan MBE and passes through those payments toanother entity;
Rental Space.Eouipment and Staff Reguirements or Flat Overhead Fee Reguirements
•ThisCodeprohibitsrental space requirements,equipment requirements,staff requirements
and/orflat overhead fee requirements,whereby theprime firm requires the MBE firm torent
space,equipment and/orstaff from the prime firm orchargesa flat overheadfee for theuseof
space,equipment,secretary,etc;
MBE Staff Utilization
•This Code prohibitstheprime firm from requiring the MBE firm toprovide more staff thanis
necessary andthen utilizing the MBE staff for otherworktobeperformedbytheprime firm.
ThisCodealsorequiresthatonanycontractwhere MBE participation is purported,thecontractshall
specifyessentialterms including,butnot limited to,aspecificstatement regarding thepercentof
participation plannedfor MBEs,thetimingof payments andwhentheworkistobeperformed.
SUBSCRIBED AND SWORN TO (or affirmed)before me this £9 day of Mj^a^Jla^^
Maria V.Davis
is personally known to me or has presented
as identification.
9/R/?nnfi
iXjji QtyU^JL
viSriSu^ofNolBSy
4Gk MARIA M.MENENDEZ
rt4fttT?MY COMMISSION #DD 271979
^(Jfljr EXPIRES:March 16.2008
1-eooa-NQTARY R.Notary Dlsoount Assoc Co.
ffiiTdrSfaTrip
Paae3 of 3
He/^he)
(Type of Identification)
(Serial Number)
(Expiration Date)
ATTACHMENT D2
Attachment D2
MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93-129,Section1)
I,being duly first sworn,upon oath deposes and says that the bidder of this
contract orhis agents,officers,principals,stockholders,subcontractors or their
affiliates are not debarred by Miami-Dade County.
ature of Affiant)
SUBSCRIBED AND SWORN TO (or affirmed)before me this ^ff^day of AA^e^^U^L,
200_£"by Maria V.Davis .He/Sne^)
ispersonally known to me orhaspresented
(Type of Identification)
as identification.
(Serial Number)
(Printor Stamp of Notary)(Expiration Date)
NotaryPublic-Stamp State of
(State)
Notary Seal
5/01
ATTAGHMENTD3
v--:h-.
*'.''
Attachment D3
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES
TfflS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1.This sworn statement is submitted to Miami-Dade County
.Maria V.Davis
by
(print individual's name andtitle)
for City of South Miami
(print Name of entity submitting sworn statement)
whose business address is 6130 Sunset Drive South Miami,FL3 3143
and if applicable its Federal Employer Identification Number (FEIN)is 59-6000431
IftheentityhasnoFEIN,includethe Social Security Numberofthe individual signing
this sworn statement:
2.I understand thata "public entity crime"as defined in paragraph 287.133 (l)(g),Florida Statutes,
meansaviolationofanystateor federal lawbyapersonwithrespecttoanddirectlyrelatedtothe
transactionsofbusinesswithanypublicentityorwithanagencyor political subdivisionofanyother
stateorwiththeUnitedStates,including,butnotlimitedto,anybidorcontractforgoodsorservices
tobeprovidedtopublicentityoragencyor political subdivision of anyotherstateor of theUnited
Statesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material
misinterpretation.
3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (l)(b),Florida
Statutes,meansa finding ofguiltora conviction ofapublicentitycrime,withorwithoutan
adjudication of guilt,inany federal or state trialcourtof record relating to charges brought by
indictmentor information afterJuly 1,1989,asa result ofajuryverdict,nonjurytrial,orentryofa
plea of guilty or nolo contendere.
4.Iunderstandthatan"affiliate"as defined in paragraph 287.133(1 )(a),Florida Statutes,means:
1.Apredecessoror successor of aperson convicted ofapublicentitycrime;or2.Anentityunder
thecontrol of anynaturalpersonwhoisactiveinthemanagement of theentityandwhohasbeen
convicted of a public entity crime.The term "affiliate"includes those officers,directors,
executives,partners,shareholders,employees,members,andagentswhoare active inthe
management ofanaffiliate.Theownershipbyoneperson of sharesconstitutingacontrolling
interest in another person,orapoolingof equipment orincomeamongpersons when notforfair
market valueunderan arm's lengthagreement,shallbeaprimafaciecasethatoneperson
controls another person.Apersonwho knowingly enters intoa joint venture with aperson who
hasbeen convicted of apublic entity crimeinFlorida during the preceding 36 months shallbe
considered an affiliate.
lof2
5.Iunderstandthata "person"asdefinedin Paragraph 287.133(1 )(e),Florida Statutes,m eansany
naturalpersonorentityorganizedunderthelawsofanystateoroftheUnitedStateswithinthelegal
powertoenterintoabindingcontactand which bidsor applies tobidoncontractsforthe provision
of goods orservices let byapublicentity,orwhichotherwisetransactsorappliesto transact business
withapublicentity.Theterm"person"includes those officers,executives,partners,shareholders,
employees,members,andagentswhoareactiveinmanagementofanentity.
6.Based on information and belief,the statement which I have marked below is true in relation to the
entitysubmittingthisswornstatement.(Pleaseindicatewhichstatementapplies.)
y
Neither theentity submitting this sworn statement,noranyofits officers,directors,executives.
partners,s hareholders,e mployees,members,ora gents whoarea ctive inthe management ofthe
entity,norany affiliate oftheentityhasbeen charged with and convicted ofa public entity crime
subsequent to July 1,1989.
Theentity submitting thissworn statement,oroneormoreofits officers,directors,executives,
partners,s hareholders,e mployees,members,ora gents whoarea ctive inthe management ofthe
entity,norany affiliate oftheentityhasbeen charged withand convicted ofapublicentitycrime
subsequent toJuly1,1989.However,therehas been a subsequent proceeding before aHearing
Officer of the State of Florida,Divisionof Administrative Hearings and the Final Order entered by
theHearingOfficer determined thatitwasnotinthepublicinteresttoplacetheentity submitting
this sworn statement on the convicted vendor list,(attach a copy of the final order).
IUNDERSTAND THAT THE SUBMISSION OFTHISFORMTOTHE CONTRACTING OFFICER FOR
THEPUBLICENTITY IDENTIFIED INPARAGRAPH1(ONE)ABOVEISFORTHATPUBLIC
ENTITY ONLY AND,THATTHISFORMIS VALID THROUGH DECEMBER31OFTHE CALENDAR
YEARINWHICHITISFILED.IALSO UNDERSTAND THATIAMREQUIREDTOINFORMTHAT
PUBLICENTITY PRIOR TO ENTERING INTOACONTRACTINEXCESSOFTHETHRESHOLD
AMOUNTPROVIDEDIN SECTION 287.017FLORIDASTATUTESFOR CATEGORY TWOOFANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this
Personally known
OR Produced Identification
rQ9 dayof /Jje^<jes»*JLLr>IMS".
(Printedtypedorstamped commissioned nameof notary
public)
2 of2
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:City of South Miami Address:6130 Sunset Drive
South Miami,FL 33143
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104,the Provider mustsubmitthelist of first tier
subcontractors orsub-consultantswhowillperformanypart of theScope of Services Work,if this
Contract isfor $100,000 or more.
The Provider mustcompletethis information.Ifthe Provider willnotutilize subcontractors,thenthe
Provider must state "No subcontractors will be used";do not state "N/A".
Name of Subcontractor or Sub-consultant Address City and State
No subcontractors willbeused.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104,the Provider mustsubmitalist of suppliers
whowillsupply materials fortheScope of Servicestothe Provider,if this Contract is$100,000or
more.
TheProvider must fillout this information.If theProvider will notuse suppliers,theProvidermust
state"Nosupplierswillbeused",donotstate "N/A".
Name of Supplier ADDRESS City and State
No suppliers willbeused,
Iherebycertifythatthe foregoing informationistrue,correct and comply
Signature ofAuthorized Representative:Maria V.Davis
Title:City Manager Date:,
Firm Name:City of South Miami Fed.IDNo.59-6000431
Address:6130 Sunset Drive City/State/Zip:South Miami,FL 33143
Telephone:(305-663-2510 Fax:O05>-663-6345 E-mail:
mdavis@cityofsouthmiami.net