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Res. No. 145-05-12124RESOLUTION NO.145-05-12124 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER AND ACCEPT THE GRANT AWARD OF $23,000 FROM THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS FY 2005- 2006 SOCIAL SERVICES FUNDING;PROVIDING AN EFFECTIVE DATE. WHEREAS,the Mayor andCity Commission wish to accept FY 2005-2006 social services funding from the Miami-Dade Board of County Commissioners in the amount of $23,000 for the Elderly Meals Weekend Program attheSouth Miami Senior Center;and WHEREAS,thegrant award will provide partial funds to provide weekend meals tothe elderly residents of theSouthMiamiSeniorCenterforapproximatelyfourmonths;and WHEREAS,theCitywas formally notified ofthegrantawardonOctober20,2005,andwas provided with contract agreement documents tobe executed no later than November 4,2005;and WHEREAS,theMayorandCity Commission authorize theCityManagertoexecutethegrant contract agreement withthe Miami-Dade County Department of Human Services. NOW,THEREFORE,BEIT RESOLVED BYTHEMAYORANDCITYCOMMISSIONOF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1.TheCitywishestoacceptagrantfromtheFY2005-2006Miami-Dade County Department of Human Services social services funding inthe amount of $23,000. Section2.ThattheMayorandCityCommissionauthorizetheCityManagertoexecutethe FY 2005-2006 grantagreementwith Miami-Dade County Department ofHuman Services. Section 3.This Resolution shallbe effective immediately upon adoption. PASSED AND ADOPTED this [£_l day of JfetlLLMA&L .2005. TEST:>•—\„APPROVED: Pg.2 of Res.No.145-05-12124 READ AND APPROVED AS TO FORM: CIT^ATTORNEY SeniorCenter Weekend MealsProgram.doc COMMISSION VOTE:4-0 MayorRussell:out of room Vice MayorPalmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Yea Commissioner Sherar:Yea y South Miami EjUmSmU CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 To:Mayor Mary ScottRusselland Date:November,2005 Members of the City Commission From:Maria V.Davis /)AAsq \/M Agenda Item #H City Manager Jr^L 'IsfyUUfu<^e:Grant Agreement for weekend meals for the elderly residents of the South Miami Senior Center RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER AND ACCEPT THE GRANT AWARD OF $23,000 FROM THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS FY 2005-2006 SOCIAL SERVICES FUNDING;PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On September 22,2005,the Miami-Dade County Board of County Commissioners approved the Cityof South Miami Senior Center foraFY 2005-2006 contract grant award in the amount of $23,000.The award is through the County's Department of Human Services for the provision of weekend meals to the elderly residents of the South Miami Senior Center.The City was notifiedof the grant award October 20,2005, and was given the contract award documents for execution witha November 4,2005 deadline. The grant funds will supplement a County funded elderly hot meals program served weekdays,Monday through Friday.The $23,000 grantaward will be used to provide hot and frozen prepared meals on the weekends to the elderly residents at the Senior Center located at 6701 SW 62nd Avenue.Thereare approximately 75residentsatthe facility and the funds should be enough to pay for approximately 7,666 meals for about four months.Currently,the weekend meals program is not funded. RECOMMENDATION Itis recommended that the City Commission authorize the City Manager to execute the grant agreement. SA0506-35 MIAMI-DADE DEPARTMENT OF HUMAN SERVICES SOCIAL SERVICES CONTRACT This Contract,made this £**h day of ^~-^JA4<Ji-'9200 £,by and between Miami-Dade County,a political subdivision of the State Af Florida (hereinafter referred to as "County")throughits Department of Human Services (hereinafter referredtoas "Department"), locatedat2525NW 62nd Street 4th Floor.Miami Florida33147.andCitv of SouthMiami(South MiamiSenior Center)havingofficesat6130SunsetDrive.SouthMiami.Florida33143(hereinafter referred toas "Provider")states conditions and covenants fortherendering of socialand/orcrime prevention services(hereinafterreferredtoas "Services")fortheCounty. WHEREAS,theHomeRuleCharterauthorizesDadeCountytoprovidefortheuniformhealth andwelfare oftheresidentsthroughouttheCountyandfurtherprovidesthatallfunctionsnot otherwise specifically assigned to others under the Charter shall be performed underthe supervision ofthe CountyManager;and WHEREAS,the Provider provides orwill develop services of valuetothe County andhas demonstratedanabilitytoprovidetheseservices;and WHEREAS,theCountyisdesirous of assisting theProviderinprovidingthose services andthe Providerisdesirous of providingsuchservices;and WHEREAS,theCountyhasappropriated fimds throughOrdinance05-173totheProviderfor the proposed services; WHEREAS,theCountyhas appropriated funds totheProviderfortheproposed services, NOW,THEREFORE,in consideration of the mutual covenantsrecorded herein,the parties hereto agree asfollows: L AMOUNT PAYABLE.Subject to available funds,the maximum amount payable for services rendered underthis Contract,shall not exceed $23.000.Both parties agreethat should available County funding be reduced,the amount payable under this Contract may be proportionately reduced at theoption of theCounty. n.SCOPE OF SERVICES.The Provider agrees to render services in accordance with the Scope of ServicesincorporatedhereinandattachedheretoasAttachmentA, TheProviderwillimplementtheScope of ServicesasdescribedinAttachmentAinamanner deemed satisfactory tothe County.Any modification or amendment tothe Scope of Services shall not beeffectiveuntil approved bythe Department in writing. in.BUDGET SUMMARY.TheProvideragreesthatall expenditures orcostsshallbemadein accordance withtheBudget which is attached herein and incorporated heretoas Attachment B. Or' 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 tothe 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. TheBudgetModificationshallreplace Attachment B. Inno event shall the budget include a line item for indirect costs in excess of fifteen percent (15%)of thetotalbudget.If thebudget includes alineitemforindirectcosts of lessthanfifteen percent (15%),thentheProvidermust support such expenditure withproper documentation. TheProvidermayamendthebudgetnomorethantwiceduringtheterm of this Contract.A final budget revision mustbe submitted 45 days priortothe expiration oftheContract IV.EFFECTIVE TERM.The effective term of this Contract shall be from October 1.2005 to September 30.2006. V.INDEMNIFICATION BY PROVIDER. A.Government Entity.Government entity shall indemnify andhold harmless theCounty andits officers,employees,agents and instrumentalities from anyandall liability,losses or damages, including attorney's fees andcosts of defense,which the County orits officers,employees,agents or instrumentalities mayincurasa result of claims,demands,suits,causes of actions or proceedings of anykindornature arising outof,relating toor resulting from the performance oftheContractbythe governmententityoritsemployees,agents,servants,partners,principalsor subcontractors. Governmententityshallpay all claimsandlossesinconnectiontherewithandshallinvestigateand defend all claims,suitsor actions of anykindornatureinthenameofthe County,where applicable, including appellate proceedings,andshallpayallcosts,judgments,andattorney'sfeeswhichmay issuethereon.Provided,however,this indemnification shallonlybetotheextentandwithinthe limitations of Section 768.28 FloridaStat.,subject tothe provisions of theStatute whereby the governmententityshallnotbeheldliabletopayapersonalinjuryorpropertydamageclaimor judgmentbyanyonepersonwhichexceedsthesum of $100,000,oranyclaimorjudgmentor portions thereof,which,whentotaledwithallotherclaimsorjudgmentspaidbythegovernmententityarising out of thesameincidentoroccurrence,exceedthesum of $200,000fromanyandallpersonalinjuryor propertydamageclaims,liabilities,lossesorcauses of actionwhichmayariseasaresult of the negligence ofthegovernmententity. B.AllOtherProviders.TheProvidershallindemnifyandholdharmlesstheCountyand itsofficers,employees,agentsand instrumentalities fromanyandallliability,lossesordamages, includingattorneys'feesandcosts of defense,whichtheCountyoritsofficers,employees,agents or instrumentalitiesmayincurasaresult of claims,demands,suits,causes of actionsorproceedings of anykindornaturearisingout o£relatingtoorresultingfromtheperformance of thisContractbythe Provider oritsemployees,agents,servants,partnersprincipalsorsubcontractors. Provider shallpayallclaimsandlossesinconnectiontherewithandshallinvestigateanddefendall claims,suits or actions of anykind or natureinthename of theCounty,whereapplicable,including appellateproceedings,andshallpayallcosts,judgments,andattorney'sfeeswhichmayissuethereon. 2 of16 Provider expresslyunderstandsandagreesthatanyinsuranceprotectionrequiredbythisContractor otherwise providedby Provider shall innowaylimitthe responsibility toindemnify,keepandsave harmlessanddefendtheCountyoritsofficers,employees,agentsandinstrumentalitiesasherein provided. C.Term of Indemnification.Theprovisions of thissectionorindemnificationshall survivetheexpirationortermination ofthis Contract. VL INSURANCE. A.Certificates of Insurance.The Provider shall provide totheCounty,Certificates of Insurance orwritten verification required underthis section oras determined bytheCounty'sRisk Management Divisionafterreview of theScope of Services (AttachmentA).TheCounty shall not disburse any funds untilitis provided withthe necessary Certificates of Insurance or written verification (binders)and such documents have been approved byRisk Management. B.Government Entity.If the Provider isthe State of Florida or agency or political subdivision of theStateasdefinedinSection768.28,Florida Statutes,theProvidershall furnish tothe County,upon request,writtenverification of liability protection in accordance withsection 768.28, Florida Statutes.Nothing herein shall be construed to extend any party's liability beyond that provided insection768.28,FloridaStatues. C.All Other Providers. 1.Modification and Changes.The Provider shall notifythe County of any intended changes in insurance coverage,including but not limited to any renewals of existing insurancepolicies. Upon review of the Provider's Scope of Services (Attachment A)bythe County's Risk Management Division,the County may increase,waive or modify any ofthe following insurance requirements.Any request bya Provider to decrease,waive or modify any of the following insurance requirements must be approved in writing bytheCounty'sRisk Management Division. 2.Minimum Insurance Requirements:Certificates of Insurance.The Provider shall furnishtotheDepartment.Miami-DadeCounty.111 NW 1Street.Suite2340.Miami.FL 33128 Certificates)of Insurance indicating that insurance coverage has been obtained which meetsthe requirements as outlined below: a-Worker's Compensation Insurance for all employees of the Provider asrequiredbyFloridaStatute440. b-Public Liability Insurance ona 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. 3 of16 c.Automobile Liability Insurance coveringall owned,non-ownedand hired vehicles used in connection with thework,inan amount not less than $300,000combinedsinglelimitperoccurrenceforbodilyinjuryandproperty damage.ForProvidersusingvansormini-vanswithseatingcapacities of fifteen (15)passengersormore,thelimit of liabilityrequiredforAutomobile Liability Insurance is$500,000. d.Professional Liability Insurance,when applicable,inthe name of the Provider inan amount not less than $250,000. 3.Classifications andRatings.The insurance coverage required shall include those classifications,aslistedinstandardliabilityinsurancemanuals,whichmostnearlyreflectthe servicesoroperationsdescribedintheScope of Services(AttachmentA).Allinsurancepolicies requiredaboveshallbeissuedbycompaniesauthorizedtodobusinessunderthelaws of theState of Florida,withthefollowingqualifications: Thecompanymustberatednoless than "B"astomanagement,andno lessthan "Class Vastofinancialstrengthbythelatestedition of Best's InsuranceGuide,publishedbyA.M.Best Company,Oldwick,New Jersey,oritsequivalentsubjecttotheapproval of theCountyRisk Management Division. or ThecompanymustholdavalidFloridaCertificate of Authorityasshown inthelatest"List of AllInsuranceCompaniesAuthorizedtodoBusiness in Florida,"issuedbytheState of FloridaDepartment of Insuranceand mustbe members ofthe Florida Guaranty Fund. Certificates of Insuranceshallindicatethatnomodificationorchangeininsuranceshallbemade withoutthirty(30)dayswrittenadvancenoticetothecertificateholder. VH.PROOF OF LICENSURE/CERHFICATION AND BACKGROUND SCREENING. A.Licensure.IftheProviderisrequiredbytheState ofFloridaorMiami-DadeCountyto be licensed or certified to provide the services or operate the facilities outlined inthe 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 butarenot limited tochildcare,daycare,nursinghomes,boardinghomes. If theProviderfailsto furnish theCountywiththe licenses or certificates requiredunderthis Section,theCountyshallnot disburse any funds untilitis provided withsuch licenses or certificates. Failure to provide the licenses or certificates within sixty (60)days of execution ofthis Contract may result in termination ofthis Contract. 4 of16 B.Background Screening.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 bya provider that does not have regular custodial responsibility for children...must ensure thatthe owners,operators,and all personnel whohave 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 inthat chapter for personnel in programs for children oryouths." Pursuant totheabove passages from Florida Statutes,itis required that all provider agency personnel working directly with children must have a completed Level1 Screening response from the Florida Department of Law Enforcement that indicates that there has beenno prior involvement inany of the disallowed conditions,beforebeginningworkwithclientyouths.Level1Screeningscanbe accomplished electronically onlinewiththe Florida Department of Law Enforcement: vwwv.fdle.state.fl.us/CriminalHistorv/.Inaddition,recognizingthat Level 2Screeningcantake several weeks,Level 2Screeningmustbeinitiatedpriortobeginning work directlywithclients. Any employee receiving positive response/responses toany of the enumerated charges as defined in Level1andLevel2backgroundchecksmustimmediatelyceaseworkingwithchildrenoryouths.All employee personnel files shall reflectthe initiation and completion of the required background screeningchecks. From the date of execution of this contract,Providershallfurnishthe County with proof that background screening Level1was completed.If the Provider fails to furnish totheCountyproofthat background screening Level 1wascompletedandLevel2wasinitiatedpriortoworkingdirectlywith clientyouths,theCountyshallnot disburse any further fundsandthisContractmaybesubjectto terminationatthediscretion oftheCounty. TheCountyrequiresthatonlyemployeesandsubcontracted employees withasatisfactorybackground checkasdescribedinSection435.03(3)(a),andthroughanappropriatescreeningagency(i.e.Florida Department of Law Enforcement,Federal Bureau of Investigation)work indirectcontactwiththe elderly,disabledandpersons with mentalillness,insettingssuchasbut not limited toadultdaycare center,assistedlivingfacilities,home equipment screeningnursinghomes,home healthagencies (facilitiesfor developmentally disabled,andmentalhealthtreatmentfacilities. Within 30days of execution of thiscontract,Providershallfurnishthe County with proof that backgroundscreeningwasinitiated/completed.If theProviderfailstofurnishtothe County proof that backgroundscreeningwasinitiatedwithin30days of execution of thiscontract,the County shallnot disburseanyfurtherfundsandthisContract may besubjectto termination atthediscretion of the County. 5 of16 Vm.CONFLICTOFINTEREST.The Provider agrees to abide by and be governed by Dade County Ordinance No.72-82(Conflict of InterestOrdinancecodifiedatSection 2-11.1 et al.of the Code of Miami-Dade County),as amended,which is incorporated herein by reference asif fully set forth herein,in connection withits Contract obligations hereunder. DL CIVIL RIGHTS.TheProvider agrees toabidebyChapter 11A of theCode of Miami-Dade County ("County Code"),as amended,which prohibits discrimination in employment,housing and public accommodations;TitleVII of the Civil Rights Act of 1968,as amended,which prohibits discriminationinemploymentandpublic accommodation;theAgeDiscriminationAct of 1975,42 U.S.C.,as amended,whichprohibitsdiscriminationinemploymentbecause of age;Section504 of the RehabilitationAct of 1973,29 U.S.C.§794,asamended,whichprohibitsdiscriminationonthebasis of disability;andthe Americans with Disabilities Act,42 U.S.C.§12103 etseq.,whichprohibits discriminationinemploymentandpublic accommodations because of disability.Itisexpressly understoodthatuponreceipt of evidence of discrimination underany of theselaws,theCountyshall havetherighttoterminatethisContract.ItisfurtherunderstoodthattheProvidermustsubmitan affidavitattestingthatitisnotinviolation of theAmericanswithDisabilityAct,theRehabilitation Act,theFederalTransit Act,49U.S.C.§1612,andtheFairHousingAct,42U.S.C.§3601etseq. If the Provider or anyowner,subsidiary,or otherfirmaffiliatedwith or relatedtotheProvider,is foundbytheresponsibleenforcementagency,theCourtsortheCountytobeinviolation oftheseActs, the County willconductnofurtherbusinesswiththeProvider. AnycontractenteredintobaseduponafalseaffidavitshallbevoidablebytheCounty.If theProvider violatesany of theActsduringtheterm of anyContracttheProviderhaswiththeCounty,such Contract shallbevoidablebytheCounty,even if the Provider wasnotinviolationatthetimeit submitted its affidavit. TheProvideragreesthatitisincompliancewiththeDomesticViolenceLeave,codifiedas§11A-60 et.seq.of theMiami-DadeCountyCode,which requires an employer,whointheregularcourse of businesshasfifty(50)ormore employees working in Miami-Dade Countyforeachworkingday duringeachoftwenty(20)ormore calendar workweeksto provide domestic violenceleavetoits employees.Failureto comply withthislocallawmaybegroundsfor voiding or terminating this Contractorforcommencement of debarmentproceedingsagainstProvider. X.NOTICES.Itisunderstoodandagreedbetweenthepartiesthatwrittennoticeaddressedto the Department and mailed or delivered tothe address appearing onpageone(1)of the Contract and writtennoticeaddressedtothe Provider andmailedordeliveredtotheaddressappearingonpageone (1)of thisContractshallconstitutesufficientnoticetoeitherparty. XI AUTONOMY.Bothpartiesagreethatthis Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties.Itis expressly understood and intended that theProviderisonlyarecipient of fundingsupportandisnotanagentor instrumentality oftheCounty. Furthermore,theProvider'sagentsandemployeesarenotagentsoremployees of theCounty. 6 of16 XD.BREACH OF CONTRACT:COUNTY HF.MF.niFS. A.Breach.A breach bythe Provider shall have occurred under this Contract if:(1)the Provider fails to provide the services outlined inthe Scope of Services (Attachment A)within the effectiveterm of this Contract;(2)the Provider ineffectivelyor improperly usestheCounty funds allocated under this Contract;(3)the Provider does not furnish the Certificates of Insurance required by this Contract or as determined bythe County's Risk Management Division;(4)the Provider does not furnish proofof licensure/certification 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 refiises toallowtheCounty access to records orrefiisestoallowtheCountytomonitor,evaluate andreviewthe Provider's program;(8) the Provider discriminates underany of thelaws outlined inSection DC of this Contract;(9)die Provider fails to provide Domestic ViolenceLeavetoits employees pursuant to local law;(10)the Provider falsifies or violates the provisions ofthe Drug Free Workplace Affidavit(Attachment C);(11) the Provider attempts tomeetits obligations under this contract through fraud,misrepresentation or material misstatement;(12)the Provider fails to correct deficienciesfoundduringa monitoring, evaluation orreviewwithinthespecifiedtime;(13)theProviderfailstomeetthetermsand conditions of anyobligationunderany contract orotherwiseoranyrepaymentscheduletotheCounty orany of itsagenciesor instrumentalities;(14)the Provider fails tosubmittheCertificate ofCorporate Status,Board of Directorsrequirementorproof of tax status;(15)failstomeetany of thetermsand conditions of theDade County Affidavits (Attachment C)ortheState Affidavit (Attachment D);or (16)theProviderfailstofulfillina timely andpropermanneranyandall of itsobligations,covenants, agreements andstipulationsinthis Contract.Waiver of breach of anyprovisions of this Contract shall notbedeemedtobeawaiver ofanyotherbreachandshallnotbeconstruedtobeamodification ofthe terms ofthis Contract. B.County Remedies.If the Provider breachesthis Contract,the County may pursueany orall ofthe following remedies: 1.TheCountymayterminatethisContractbygivingwrittennoticetothe Provider of suchterminationand specifying the effective date thereof atleastfive(5)daysbeforethe effective date oftermination.In the event of termination,the County may:(a)requestthereturn of allfinished orunfinished documents,datastudies,surveys,drawings,maps,models,photographs,reports prepared andsecured by the Provider with County fundsunder this Contract;(b)seek reimbursement of County fundsallocatedtotheProviderunderthisContract;or(c)terminate orcancelanyothercontracts enteredinto between theCountyandthe Provider.TheProvidershallberesponsibleforalldirectand indirectcostsassociated with suchtermination,includingattorney'sfees; 2.The County may suspend payment in whole orinpart under this Contract by providing writtennoticetotheProvider of suchsuspensionandspecifyingthe effective datethereof,at leastfive(5)days before the effective date of suspension.Onthe effective date of suspension the Providermust immediately cease to provideservicespursuanttothisContract.All payments to Provider as ofthis date shall cease. 7 of16 If payments are suspended,the County shall specify in writing the actions that must be taken bythe Provider as condition precedent to resumption of payments and shall specify a reasonable datefor compliance.The County mayalso suspend any payments in whole orinpart under anyother contracts entered into between theCountyandthe Provider.The Provider shall be responsible foralldirect and indirect costs associated withsuch suspension,including attorney's fees; 3.TheCountymayseek enforcement of thisContract including butnotlimitedto filinganactionwithacourt ofappropriate jurisdiction.The Provider shallbe responsible foralldirect andindirectcostsassociatedwithsuch enforcement,includingattorney'sfees; 4.TheCountymaydebartheProviderfromfutureCountycontracting; 5.If,forany reason,theProvidershouldattempttomeetitsobligations under this Contract through fraud,misrepresentationormaterialmisstatement,theCountyshall,whenever practicableterminatethisContractbygivingwrittennoticetotheprovider of such termination and specifyingtheeffectivedate thereof atleastfive(5)daysbeforetheeffectivedate of suchtermination. TheCountymayterminateorcancelanyothercontractswhichsuchindividualorentityhaswiththe County.Suchindividualorentityshallbe responsible foralldirectandindirectcostsassociatedwith suchterminationorcancellation,includingattorney'sfees.Anyindividual or entitywhoattemptsto meetitscontractualobligationswiththecountythroughfraud,misrepresentation ormaterial misstatementmaybedisbarredfromcountycontractingforuptofive(5)years; 6.Any other remedyavailableatlaworequity. C.TheCountyManageris authorized toterminatethisContractonbehalf oftheCounty. D.DamagesSustained.Notwithstanding theabove,theProvidershallnotberelieved of liabilitytotheCountyfordamagessustainedbytheCountybyvirtue of anybreach of the Contract, andtheCountymay withhold any payments tothe Provider untilsuchtimeastheexact amount of damages duetheCountyis determined.The County mayalsopursueany remedies available atlawor equity to compensate forany damages sustained bythe breach.The Provider shall be responsible for all direct and indirect costs associated withsuchaction,including attorney's fees. Xffl.TERMINATION BY EITHER PARTY.BothpartiesagreethatthisContractmaybe terminated by either party hereto by written notice tothe other party of such intent to terminate at least thirty (30)days priortothe effective dateof such termination.The County Manager is authorized to terminate this Contract on the behalfoftheCounty. XIV.PAYMENT PROCEDURES.The County agrees topaythe Provider for services rendered under this Contract based onthe procedures outiined below,the approved line item budget,and if applicable the Sherman S.Winn Prompt Payment Ordinance (Ordinance 94-40). A.Performance Based Contract:How payment willbe made.Thepartiesagreethatthis isa performance-based Contract and thatthe Provider shall be paid onan incremental basis contingent upon the submission ofa satisfactory Monthly Performance Report and a satisfactory Monthly Summary of Expenditures Report.The County has the right to withhold payment ifthe Department deems either required monthly report tobe unsatisfactory.The County shall have the sole discretion in determining ifthe Provider is entitled to such funds and the County's decision in this matter shall be binding. 8 of16 On October 1,2005 or thereafter,upon execution ofthe Contract (to include proofof insurance),the County will provide the Provider with twenty-five percent (25%)ofthe contract amount.Thereafterforeachmonth of satisfactory performance,theCountywill reimburse the Provider upto 1/11 of sixty-five percent (65%)of the contract amount.The County shall withhold ten percent (10%)ofthe contract amount for disbursement tothe Provider atthe expiration of this Contract.This disbursement shall occurupon receipt ofthefinalMonthly Performance Reportandthe Monthly Summary of Expenditures Report and is contingent upon the Provider's overall satisfactory performance. The County reserves therightto convert this Contract toa cost-basis Contract inwhichthe Provider shall bepaid through reimbursement payment based onthe budget approved under this Contract and when documentation of servicedeliveryisprovided. Once the determination has been made to convert toa cost-basis method,the Provider shall submit to the Department,the Department of Human Services Monthly Reimbursement form onamonthly basis.Monthlyreimbursementrequestsandaccompanyingdocumentationmustbereceivedbythe Department no later than the 15th of the month following the month for which reimbursement is requested.The County will reimburse the Provider up to 1/11th of sixty-five percent (65%)of the contractamount,foreachmonth of satisfactoryperformance. B.NoPayment of Subcontractors.InnoeventshallCountyfundsbeadvanceddirectly toany subcontractor hereunder. C.RequestsforPayment.TheCountyagreestopayallbudgetedcostsincurredbythe Providerwhichare allowable undertheCountyguidelines.In order toreceivepaymentforallowable costs,the Provider shallsubmitaMonthlySummary of Expenditures Report andaMonthly Performance Reportonformsprovidedbythe Department.TheDepartmentmustreceivetheMonthly Summary of Expenditures Report and the Monthly Performance Report no later than the 15th day of the monthfollowingthemonthforinwhichserviceswereprovided.The Monthly Summary of Expenditures Report shallreflecttheexpensesincurredbythe Provider forthemonthserviceswere renderedanddocumentedintheMonthly Performance Report.Uponsubmission of satisfactory requiredmonthly reports,theDepartmentshallmakepayment. The Provider shallnotberequired to submit documentation of expenditures forpayment.The Provideragreestomaintainoriginals of cancelledchecks,invoices,receipts,andotherevidence of indebtednessas proof ofexpenditure.Whenoriginaldocumentscannotbeproduced,theProvidermust adequately justify theirabsenceinwritingandfurnishcopiesas proof of expenditure.These documentsshallbemaintainedbytheProviderforaperiod of nolessthanfiveyearsandshallbemade availableforCounty staff inspectionatanytime. TheCountywillnotapprovepaymentsforin-kindorvolunteerservicesprovidedbythe Provideron behalf oftheproject. D.Processing theRequestforPayment.Theparties agree thattheprocessing of apayment requestshalltakeaminimum of fifteen(15)daysfromreceipt,if therequiredmonthlyreportsare satisfactory.The County's FinanceDepartmentwillissueandmailthecheckdirectlytotheProvider attheaddresslistedonpageone(1)of thisContract,unlessotherwisedirectedbytheProvider.Itis theresponsibility of theProvidertomaintainsufficientfinancialresourcestomeettheexpenses incurredduringtheperiodbetweentheprovision of servicesandpaymentbytheCounty. 9 of16 Failure to submit the Monthly Performance Report and Monthly Summary of Expenditures Report ina manner deemed correct and acceptable bythe County,bythe 15th dayof each month followingthemonthinwhichtheservicewasdelivered,shallbeconsideredabreach of thisContract andmayresultintermination of thisContract. E.CloseoutReport/Recapture ofFunds.Upontheexpiration ofthis Contract,theProvider shall submita Closeout Reporttothe Department nomorethan forty-five (45)daysafterthe expiration of this Contract.Thisreport shall includea cumulative year-end summary of Provider's performance andfiscalexpenditures.If afterreceipt of thisCloseoutReport,theDepartmentdeterminesthatthe Provider hasbeenpaidfundsnotinaccordancewiththe Contract,andtowhichitisnotentitled,the ProvidershallreturnsuchfundstotheCountyorsubmitappropriate documentation.TheCountyshall havethesolediscretionindetermining if theProviderisentitledtosuchfundsandtheCounty's decisiononthis matter shallbebinding.Additionally,anyunexpendedorunallocatedfundsshallbe recaptured bytheCounty. F.DHSContractManagementManual.Allrequestsforpaymentwillbeprocessed pursuanttotheDepartment'sGeneralProceduresManual.TheDepartmentwillprovideacopy of this Manual to Provider. XV.PROHIBITED USE OF FUNDS. A.AdverseActions or Proceeding.TheProvidershallnotutilizeCountyfundstoretain legalcounselforanyactionorproceedingagainsttheCounty or any of itsagents,instrumentalities, employeesor officials.TheProvidershallnotutilizeCountyfundstoprovidelegal representation, advice or counseltoanyclientinanyactionorproceedingagainsttheCountyorany of itsagents, instrumentalities,employeesorofficials. B.ReligiousPurposes.Countyfundsshallnotbeusedforreligiouspurposes. C.Commingling Funds.TheProvidershallnot commingle fundsprovidedunderthis Contract withfundsreceivedfromany other fundingsources. XVL RECORDS.REPORTS.AUDITS.MONITORING AND REVIEW. A.Certificate of Corporate Status.The provider must submit tothe Department,within thirty(30)days from thedate of execution ofthis Contract,a certificate of status inthe name of the provider,which certifies the following:thatthe provider is organized under thelawsoftheStateof Florida;thatallfeesand penalties havebeenpaid;thatthe providers most recent annual reporthas beenfiled;thatitsstatusis active;andthatthe provider hasnotfiledan Article ofDissolution. 10 of16 B.Board ofDirector Requirements.The Provider shall insure thatthe Board ofDirectors 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 withthe County. Failure to provide a copy of the resolution within 15 days of execution of this contract may result in termination ofthis Contract. C.Proof of Tax Status.The Provider is required tosubmittotheCountythefollowing documentation:(a)TheI.R.S.taxexempt status determination letter;(b)themost recent I.R.S.form 990;(c)the annual submission of I.R.S.form 990within(6)monthsafterthe Provider's fiscal year end;(d)IRS 941 -Quarterly Federal TaxReturnReportswithinthirty-five(35)daysafterthe quarter endsand if the 941 reflectsatax liability,proof of paymentmustbesubmittedwithinsixty(60)days afterthequarterends. D.AccountingRecords.The Provider shallkeepaccountingrecordswhichconformwith generally acceptedaccounting principles.Allsuch records willbe retained bytheProviderfornotless thanfive(5)years beyond theterm ofthisContract. E.Financial Audit.If theProviderhasorisrequiredtohaveanannualcertifiedpublic accountant'sopinionandrelated financial statements,theProvideragreestoprovidethesedocuments totheDepartmentnolaterthanonehundred eighty (180)calendardays following theend of the Provider'sfiscalyear,foreachyearduring which thisContractremainsinforceoruntilallfunds earnedfrom this Contract have been so audited,whichever islater. F.Access toRecords:Audit.The County reservestherighttorequiretheProviderto submittoanaudit by anauditor of the County's choosing.TheProvidershall provide accesstoall of itsrecords which relate to this Contractatitsplace of business duringregular business hours.The Provideragreestoprovidesuchassistanceasmaybenecessarytofacilitatetheir review orauditbythe Countytoinsure compliance with applicableaccountingand financial standards.TheProvideragrees tomaintainsupporting documentation forallservices provided underthisContractandshallsubmit suchsupporting documentation tothe County uponrequest. G.Office of Miami-Dade County Inspector General.Miami-Dade County hasestablished theOffice of Inspector General whichisempoweredtoperformrandomauditsonallCounty contracts throughout the duration of each contract.Grantrecipientsareexemptfrompayingthecost oftheaudit whichisnormally lA of 1%ofthe totalcontract amount. The Miami-Dade County Inspector General is authorized and empowered toreview past,present and proposedCountyandPublicHealthTrust programs,contracts,transactions,accounts,recordsand programs.In addition,the Inspector General hasthepowerto subpoena witnesses,administer oaths, require the production ofrecords and monitorexisting projects and programs. Monitoring of anexisting project or program may include a report concerning whetherthe project ison time,withinbudgetandincompliancewith plans,specificationsandapplicablelaw. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders tothe Contract.The Inspector General isempoweredtoretaintheservices of independent private sector inspectors general to audit,investigate,monitor,oversee,inspect and review operations,activities,performance and procurement process including butnot limited to project design,bid specifications,proposal submittals,activities of the Provider,its officers,agents and 11 of16 employees,lobbyists,County staff and elected officials to ensure compliance with contract specifications andtodetect fraud and corruption. Uponten(10)days prior written notice tothe Provider from the Inspector General or Independent Private Sector Inspector General (IPSIG)retained bythe Inspector General,the Provider shall makeall requestedrecordsanddocuments available totheInspector General orIPSIGforinspectionand copying. TheInspector General andIPSIGshallhavetherighttoinspectandcopyalldocumentsandrecordsin the Provider's possession,custody orcontrolwhich,intheInspectorGeneral'sor IPSIG's sole judgment,pertain toperformance of the contract,including,butnotlimitedto original estimatefiles, worksheets,proposals andContractsfromandwithsuccessfulandunsuccessful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents, constructiondocuments,proposal and contract documents,back-charge documents,alldocumentsand records which involve cash,tradeor volume discounts,insuranceproceeds,rebates,ordividends received,payrollandpersonnelrecords,and supporting documentationforthe aforesaid documents and records. Theprovisionsinthissection shall applytothe Provider,itsofficers,agents,employees, subcontractors and suppliers.The Provider shall incorporate the provisions inthissectionin all subcontractors andallotherContractsexecutedbytheProviderinconnectionwiththeperformance of the contract. Nothinginthis contract shall impair any independent right of theCountyto conduct auditor investigative activities.The provisions of mis section areneitherintendednor shall theybe construed toimposeanyliabilityontheCountybythe Provider orthird parties. H.Independent Private Sector Inspector General Reviews.Pursuant to Miami-Dade County Administrative Order 3-20,the Provider is aware thattheCountyhasthe right to retain the services of an Independent Private Sector Inspector General ("IPSIG"),whenever theCountydeemsit appropriate todo so.Upon written notice from the County,the Provider shall make available tothe IPSIG retained bythe County,all requested records and documentation pertaining tothis Contract for inspection and copying.The County shall be responsible for the payment ofthese IPSIG services,and underno circumstance shall the Provider's budget and any changes thereto approved bytheCounty,be inclusive of any charges relating totheseIPSIG services. Theterms of this provision herein,apply tothe Provider,its officers,agents,employees, subconsultants and assignees.Nothing contained inthis provision shall impair any independent right of the County to conduct an audit or investigate the operations,activities and performance of the Providerinconnection with this Contract.Theterms of thisSectionshallnotimposeanyliabilityon theCountybythe Provider oranythird party. L Progress Reports.The Provider shall furnish the Department with written monthly progress reports (Attachment F)on the achievement of its goals as outlined inits Scope of Services. The reports shall explain the Providers progress for that month.The data should be quantified when appropriate.Said reports are due bythe 15 day ofthe 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. 12 of16 J.Monitoring:Management Evaluation and Performance Review.This sectionshall pertain only to Providers whose funding allocation under this Contract is $10,000 or more or whose funding allocation becomes $10,000 ormore during theterm ofthis Contract. The Provider agrees to permit County personnel to perform random scheduled monitoring,reviews and evaluations of the program which isthe subject of this Contract.The Department shall monitor both fiscal and programmatic compliance with all theterms and conditions ofthe 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 willbe delivered tothe Provider and the Provider will rectify all deficiencies cited withinthe period oftime specified inthe report.If such deficiencies are not corrected within the specified time,theCountymay suspend paymentsor terminate this Contract.The Department shall conduct oneormore formal management evaluation and performance reviews of the Provider. Continuation ofthisContractorfuturefundingisdependentuponsatisfactoryevaluation conclusions. TheProvider agrees that all monitoringreportscompletedbythe Department shall bemade availabletothe Alliance forHumanServicesanditsmembers/partners. K.ClientRecords.TheProvidershallmaintainaseparateindividualcasefileforeach client/familyserved.Thiscasefile shall includeallpertinentinformation regarding caseactivity.At a minimum,thecasefile will containreferralandintakeinformation,treatmentplans,andcasenotes documentingthedatesserviceswereprovidedandthekind of serviceprovided.Thesefilesshallbe subjecttotheauditandinspectionrequirementsunderArticle XVI SectionF,G,HandJ of this Contract. LHealthInsurancePortabilityand Accountability Act.Any personor entity that performsorassistsMiami-Dade County with afunctionor activity involving the use ordisclosure of individually identifiable health information (DHI)and/orProtectedHealth Information (PHI)shall comply with theHealthInsurancePortabilityand Accountability Act (MPAA)of 1996 andtheMiami- DadeCountyPrivacy Standards Administrative Order.HIPAA mandatesforprivacy,securityand electronic transfer standards,that include but are not limited to: 1.Use of informationonlyforperformingservicesrequired by thecontractorasrequired by law; 2.Use ofappropriatesafeguardstoprevent non-permitted disclosures; 3.Reporting toMiami-Dade County of any non-permitted useordisclosure; 4.Assurances thatanyagentsandsubcontractorsagreetothesamerestrictionsand conditionsthatapplytotheBidder/Proposerandreasonableassurancesthat IIHP/PHI will beheldconfidential; 5.Making Protectedhealth Information (PHI)availabletothecustomer; 6.MakingPHI available tothecustomerforreviewandamendment;and incorporating any amendments requested by thecustomer; 13 of16 7.Making PHI available to Miami-Dade Countyforan accounting of disclosures;and 8.Making internal practices,booksand records related toPHI available to Miami-Dade Countyforcomplianceaudits. PHI shall maintain its protected status regardless ofthe form and method of transmission (paper records,and/or electronic transfer of data).The Bidder/Proposer must giveits customers written notice ofits privacy information practices including specifically,a description ofthe types of uses and disclosuresthatwouldbemadewithprotectedhealth information. XVIL SUBCONTRACTORS AND ASSIGNMENTS. A.Subcontracts.The parties agree thatno assignment or subcontract will be made orlet in connection withthis Contract without the prior written approval ofthe Department,which shall not be unreasonably withheld,and that all subcontractors or assignees shall be governed by the terms and conditions ofthis Contract. B.If this Contract involves the expenditure of $100,000 or more bythe County and the Provider intends touse subcontractors to provide the services listed inthe Scope of Service (Attachment A)or suppliers to supply the materials,the Provider shall provide the names of the subcontractors and suppliers onthe form attached as Attachment G.Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment G without prior writtenapproval of theCounty. XVm.MISCELLANEOUS. A.Out of TownTravel.Costsforout-of-towntravelareallowable,if theyareusefulfor the administering of program activities.All travel must be approved through DHS Contract Management Division two weeks prior to date travel isto be taken and pursuant to the provisions outlinedintheContractManagementManual. B.Petty Cash.Community Based Organizations who establish a petty cash fund must maintain detailed support documentation in accordance with the provisions outlined in the Contract ManagementManual. C.Publicity.Itis 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 ofall contracted activities. This isto include,butisnot limited to,all posted signs,pamphlets,wall plaques,cornerstones, dedications,notices,flyers,brochures,news releases,media packages,promotions,and stationery. The use of the official County logo is permissible.The Provider shall ensure that all media representatives,when inquiring about the activities funded by this contract,are informed that the Countyisitsfundingsource. D.Contract Guidelines.This Contract is made intheStateof Florida and shall be governed according to the laws ofthe State ofFlorida.Proper venue for this Contract shall be Miami- Dade County,Florida. 14 of16 E.Modifications 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 ofthis 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 ofthe County. The Office of the Inspector General shall have the power to analyze the need for,and the reasonableness of proposed change orders. F.Counterparts.This Contract is signed in five (5)counterparts,and each counterpart shallconstituteanoriginal ofthisContract. G.Headings.Use of Singular and Gender.Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein,the singular shall include the plural and plural shall include the singular,and pronouns shall be read as masculine,feminine or neuter as the context requires. H.Totality of Contract/Severabilitv of Provisions.This sixteen (16)page Contract withit recitals onthe first page of the Contract and withits attachments as referenced below contain all the termsandconditionsagreeduponbythe parties: Attachment A:Scope of Services Attachment B:Budget Attachment C:Payment Request Attachment D:Miami-Dade County Affidavits Attachment Dl:Code ofBusiness Ethics Attachment D2:Miami-DadeCountyDebarmentDisclosure Affidavit Attachment E:State Public Entities Crime Affidavit Attachment F:Progress Report Attachment G:List of Subcontractorsand Suppliers Attachment H:Living Wage Requirement Affidavit NootherContract,oralor otherwise,regardingthesubjectmatter of thisContractshallbe deemed to existorbindany of thepartieshereto.If anyprovision of thisContractisheldinvalidorvoid,the remainder of thisContractshallnotbeaffectedthereby if suchremainder would then continue to conformtothetermsandrequirements ofapplicablelaw. 15 of16 IN WITNESS WHEREOF,the parties hereto have caused this Contract tobe executed bytheir respectiveanddulyauthorizedofficersas ofthedayandyearfirstabovewritten. (SEAL) ATTEST: (Signatur^y&fAuthorized-Representative) -*Type orPrintName CitM OF Squtu MAffl/ AGENCY Witnesses: r.C^lCl^(Jj^ChyLvL*^^By: Signature / By:(_^ By:f/UtiJ&4j jy^LA^i r (Signature ofAuthorized Representative) Haw*t\wii Type orPrint Name Signature Matia.M-Mentnde :z- Type orPrint Name nJ Tvn^'nr PriTypeorPrint Name ATTEST: --X /**X -2.e MIAMI-DADE COUNTY,FLORIDA 16 of16 RGEM.BURGESS OUNTY MANAGER Attachment A MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION AGREEMENT PROGRAM NARRATIVE SECTION I;GENERAL Name of Organization:Citv of SouthMiamiSeniorCenter Address:6701SW 62nd Avenue.SouthMiami.FL 33143 Phone Number:305-668-2514 Fax Number:305-663-6345 Contact Person:Joanna Revelo Agreement Amount:$23.000 Agreement Period:10/01/05-9/30/05 SECTION D:NARRATIVE Describe the organization's goal:To provide safe,decent and affordable housing forthe elderlyresidents of SouthMiami.In addition,theSenior Center provides social,cultural. educational andrecreationalopportunitiesfortheresidentsandothereligibleseniors.Asapart of theoverallgoal of the Senior Center,thefacilityaimsto provide a hot nutritionally mealto the elderly residents during the weekend.Currently,the seniors receive meal service during the week,butareunabletoaffordorprepareahotmealduring Saturday andSunday. Describe what is proposed for funding:Through its Parks and Recreation Department the City of South Miami intends to provide hot meal service to the senior citizens atthe South Miami Senior Center.Meals will be distributed between the traditional lunch and dinner times. Anoutsideagencywillbe contracted toprovidethe weekend mealsserviceforthe elderly. The meals service (cantina-stvle^willserve approximately 70-75elderly residents. Page 1 of4 Describe how those servicesmeet County government mandates:"Whereas,theHome RuleCharterauthorizes Miami-Dade Countytoprovidefortheuniformhealthandwelfare of the residents throughout the County...".the Citv of South Miami is able to provide a needed and unduplicated serviceinit provision of hotnutritiousweekendmealstotheelderlyattheSenior Center,thus ensuring the health and welfare of those senior citizens atthe facility. SECTION HI:PROFILE OF SERVICES Workloadmeasures (detail typeof service and number of clients tobe served ineach category of service): TheCitv of SouthMiamiwillprovidethreehotnutritiousmeals (cantina-stvle)to approximately 70-75 residents of the Senior Center located at 6701 SW 62nd Avenue.South Miami. Eachresidentwillreceiveonehotmealperdayduringtheweekend(Saturdayand Sunday).Aneveningmealwillalsobe included onFridayaspartofthe weekend meals deliveryprogram.Themealswillbepre-packagedandreadytobeservedforeachresident. Unit Cost (Detail unit costforservice):Eachmealwillcostapproximately$2.89to $3.15 (negotiations are underway for meal unit cost and will be finalized upon execution of all contract agreements.Therefore,theabovecostslistedisanestimate). Page 2 of4 SECTION IV;STATEMENT OF OBJECTIVES (objectives must be measurable,and specific.Pleasequantifyandnotetimeframeforcompletion of eachobjective) The objective isto provide freehot nutritious weekend meals to approximately 70-77 elderly residents of theSouth Miami Senior Center.Each weekend,atotal of three prepackaged andreadyto serve meals willbe distributed toeach qualifying elderly resident. Itis estimated that with the proposed amount of funding,this program will be ableto providea weekend meals program for approximately fourtofive months. The above will satisfy two objectives: 1)to extend the existing weekday meal program toeach qualifying resident 2)to provide one hot nutritious meal to each resident on Saturday and Sunday SECTION V:ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization plans to raise additional or in-kind contributions: TheCitv of South Miami will provide in-kind contributions through theuse of its administrative personneltimefortheoperationandmanagement of theElderlyWeekendMealsprogram. Operational staff timewillbeusedtoreceiveandoverseethedistribution of themealsprogram and administrative time will be used for the grant management and compliance of the grant award. As stated earlier,this program will supplement an existing weekday meals program whichoperates Monday thruFriday. Describehow your organization will do outreach and public awareness: A general announcement willbemadeatthe facility during the weekday meals program 1 as well as include household fivers to each ofthe residents/households soliciting registration for themeals program.. Page 3 of4 SECTION VI:PERSONNEL Submit an organizational chart and identify any positions that are funded in total or in part (state percentages)byMiami-DadeCounty. Submit job descriptions for each position totally orpartially to be funded by Miami-Dade County. I understand that while this information represents a performance projection,I must receive approval from Miami-Dade Department of Human Services prior to any operational or performance variations. i Signature andTitle of Person Completing Form JoannaRevelo 305-668-2514 Print name Telephone Number Grant Writer Print Title SECTION VI:PERSONNEL -Addendum to Attachment A CITY OF SOUTH MIAMI PARKS AND RECREATION ORGANIZATIONAL CHART (See attached) Not Applicable any positions funded intotalorinpartby Miami-Dade County. N/A -job descriptions foreach position totallyor partially tobefundedby Miami-Dade County. Page4 of4 o en -si Parks &Recreation Department Parks Supervisor Lead Worker Maintenance Worker II (5) Maintenance Worker II (2PT) POSITION/TITLE Director Administrative Assistant Recreation Superintendent Parks Supervisor Senior Site Manager Recreation Supervisor Recreation Leader Recreation Aide Part Time Recreation AidePT (Seasonal) Lead Worker Maintenance Worker II (FT) Administrative Assistant Senior Site Manager i Recreation Leader (1PT) Recreation Aide (2PT) Parks &Recreation Director Recreation Leader Maintenance Worker II 2004-2005 >:: APPROVED (FT) 2005-2006 PROPOSED (FT): ,2004-2005 ':,;• APPROVED(PT) ,2005-2006 PROPOSED(PT) 1 1 0 0 1 1 0 0 13 13 15 15 &I.5J-tmgm 39\m Recreation Supervisor Recreation Leader (2PT) Recreation Aide(4PT) Recreation Aide Seasonal (8PT) Recreation Superintendent Recreation Supervisor Recreation Leader (4PT) Recreation Aide (4PT) i ~ Recreation Aide Seasonal (7PT) Recreation Supervisor (1PT) Recreation Leader (1PT) Recreation Aide(3PT) ATTACHMENT B MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION CONTRACT/AGREEMENT BUDGET SECTION!.GENERAL Name of Organization:City ofSouth Miami Address:6130 Sunset Drive,South Miami,FL 33143 Phone Number:305-663-6342 Fax Number:305-663-6345 Contact Person Joanna Revelo Agreement Amount 23,000 Agreement Period:10-1-05 through9-30-06 SECTION P.SOURCES OF FUNDING List below other funds,and their sources,along with County requested funds that will finance the proposed programorproject. AGREEMENT TOTAL BUDGET PROPOSED PROGRAM TOTAL BUDGET DHS Grant $23,000 $23,000 Other Miami-Dade Grants(specify)$0 $0 FederalGrants(specify)$0 $0 StateGrants(specify)$0 $0 Fees/Other Revenue (specify)$0 $0 Total Budget $23,000 $23,000 MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION Pa«e2 SUMMARY FOR PROPOSED BUDGET CATEGORY REQUESTED AMOUNT DESCRIPTION Personnel $0 Salaries &Fringes Operating $23,000 All Other Costs Capital $0 Property/Equipment>$750 TOTAL $23,000 SECTION III.ITEMIZED BUDGET Describe each expenditure item.Besuretowriteasubtotalwhere requested.If other fundslistedin SectionIIaboveareusedtosupporttheproposecprogramorproject,indicatetheamount of fundsbudgeted forthe proposed Miami-Dade County grant,and the amount budgeted from other sources.The subtotals for theMiami-DadeCountyfundsand other fundsshouldequalthetotalforeach budget category. Salaries (Personnel)Indicate Full Time (FT)or Part Time (PT) JOB TITLE/POSITION STATUS FT OR PT ANNUAL SALARY COUNTY FUNDS %OF ANNUAL SALARY COUNTY FUNDED OTHER FUNDS TOTAL $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 S UB-TOTALS $°l:.)i $0 $0 MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION Page 3 FRINGE BENEFITS (Personnel) COUNTY FUNDS %OF FRINGE BENEFITS COUNTY OTHER FUNDS TOTAL Social Security $0 $0 $0 $0 Retirement $0 $0 $0 $0 Group Health $0 $0 $0$0 Worker's Compensation Insurance $0 $0 $0 $0 Unemployment Insurance $0 $0 $0 $0 Other (specify)Life/Disability $0 $0 $0 $0 SUB-TOTALS $0 $0 $0 STAFF TRAVEL (operating)COUNTY FUNDS OTHER FUNDS TOTAL Local Travel $0 $0 $0 Out-of-town Travel $0 $0 $0 SUB-TOTALS $0 $0 $0 SUPPLIES describe below (Operating)COUNTY FUNDS OTHER FUNDS TOTAL Office Supplies $0 $0 $0 Program Supplies $0 $0 $0 Janitorial Supplies $0 $0 $0 Other (specify)$0 $0$0 $0$0 $0 SUB-TOTALS $0$0 $0 PROFESSIONAL SERVICES (specify below)COUNTY FUNDS OTHER FUNDS TOTAL SUB-TOTALS $0 $0$0 MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION Page 4 EQUIPMENT describe below (Operating) COUNTY FUNDS OTHER FUNDS TOTAL Minor Equipment $0 $0 $0 Major Equipment (over $750 per item)$0 $0 $0 SUB-TOTALS $0 $0 $0 1 S.]C°vms OTHER FUNDS TOTAL INDIRECT COST $0 $0 $0 SUB-TOTALS $0 $0 $0 OTHER COSTS describe below (Operating) COUNTY FUNDS OTHER FUNDS TOTAL Accounting Services/Audit $0 $0 $0 Equipment Rental $0 $0 $0 Printing $0 $0 $0 Postage $0 $0 $0 Telephone $0 $0 $0 Electricity $0 $0 $0 Waste Disposal $0 $0 $0 Water &Sewer $0 $0 $0 OfficeSpace(Rental)$0 So $0 Maintenance (Building &Grounds)$0 $0 $0 Maintenance (Equipment)$0 $0 $0 Insurance (Property/Liability)$0 $0 $0 Miscellaneous (specify) Meal Service $23,000 $0 $23,000 SUB-TOTALS $23,000 $0 $23,000 COUNTY 1;vBsm ..FUNDS OTHER FUNDS TOTAL 1TOTAL PROPOSED BUDGET $23,000 $0 $23,000 MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION Page 5 •DIRECT SERVICE COSTS S 13)^0®° (Total cost of equipment,supplies,personnel,etc. directly related tothe provision of services to clients/recipients/participants) •NONDIRECT COST $"O - (Total itemized costs thatarenot directly related to services provided to clients/recipients/participants) SECTION IV:TABLE OF ORGANIZATION AND JOB DESCRIPTIONS I understand that any budget changes require the approval of Miami-Dade County Department of Human Services Contract Management Division prior to exceeding any line item expenditure. Maria V.Davis/City Manager Print/TypeName&Title Date ATTACHMENT C ReportingPeriodCovered: Name of Organization: Address: SALARIES-Gross: Salaries FRINGE BENEFITS Social Security Retirement Group Health Insurance Workmen's Compensation Insurance Unemployment Insurance (Form UCT-6) Other (specify): STAFF TRAVEL Local Travel Out of Town Travel SUPPLIES Office Supplies ProgramSupplies Janitorial Supplies Other(specify): PROFESSIONAL SERVICES to Budgeted Amount MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION SUMMARY OF EXPENDITURE REQUEST Contract Amount: Current Month Reg. ProgramName: •Amount Paid Contract Period: EQUIPMENT MinorEquipment Major Equipment(over$750) INDIRECT COSTS OTHER COSTS Accounting Services/Audit EquipmentRental Printing Postage Telephones Electricity Waste Disposal Water &Sewer Office Space Cost-(tease) Maintenance-BldgVGrd. Maintenance-Equipment Insurance (Property/Liability) Miscellaneous(specify): TOTALS •VOUCHER #V_ •INDEX CODE _ •VENDOR # •RESOL# •AMOUNT Budgeted Amount Contract #: Current Month Reg. •Amount Paid $-$ I hereby certify thatthisexpense report submittedbythe undersigned constitutes approved or wHI bereimbursedbyotherfunding sources. $$ expenses during the period listed above,and that no expenses for which reimbursement is requested have been EXECUTIVE DIRECTOR/AGENCY DESIGNEE DATE •Approved by: TO BE COMPLETED BY DHS STAFF ONLY CONTRACT OFFICER DATE AnXH^NTC NameofOrganization: Address:. SALARIES -Gross: Salaries FRINGE BENEFITS SocialSecurity Retirement GroupHealthInsurance Workmen's Comensation Insurance UnemploymentInsurance (Form UCT-6) Other(specify): STAFF TRAVEL Local Travel Out of Town Travel SUPPLIES OfficeSupplies Program Supplies Janitorial Supplies Other (specify): PROFESSIONAL SERVICES Budgeted Amount MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION YEAR-END CLOSEOUT REPORT Reporting Period Covered: Contract Amount: Actual YTDExp. 10/1/05-9/30/06 Program Name: Closeout/ Final Amount Contract Period: EQUIPMENT Minor Equipment Major Equipment(over$750) INDIRECT COSTS OTHER COSTS Accounting Services/Audit Equipment Rental Printing Telephones Electricity Waste Disposal Water &Sewer Office Space Cost-(lease) Maintenance-BtdgVGrd. Maintenance-Equipment Insurance (Property/Liability) Miscellaneous(specify): TOTALS Budgeted Amount Contract #: Actual YTDExp. 10/1/05-9/30/06 to Closeout/ Final Amount I hereby certify that this expense report submitted bythe undersigned constitutes approved budget expenses during the period listed above,and that noexpenses for which relmbursemens Is requested has been orwillbereimbursedbyotherfundingsources. EXECUTIVE DIRECTOR/AGENCY DESIGNEE DATE •Approvedby: CONTRACT OFFICER DATE TO BE COMPLETED BY DHS STAFF ONLY Attachment D DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise)shall indicate byan "X"all affidavits that pertain to this contract and shall indicate by an "N/A"all affidavits that do not pertain to this contract.All blankspacesmustbefilled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT;MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT;MIAMI-DADE CRIMINAL RECORDAFFIDAVIT- DISABILITYNONDISCRIMINATIONAFFIDAVIT;andthePROJECTFRESHSTARTAFFIDAVITshall not pertain to contracts with the United States or any of its departments or agencies thereof,the State or any political subdivision or agency thereoforany municipality ofthis State.The MIAMI-DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof;it shall,however,pertain to municipalities of the State of Florida.AH other contracting entities or individuals shall read carefully each affidavit to determine whetherornotitpertainstothiscontract. I»Maria V.Davis .__,being first duly sworn state: Affiant The full legal name and business address of the person(s)or entity contracting or transacting business with Miami-Dade County are (Post Office addresses are not acceptable): 59-6000431 Federal Employer Identification Number (If none,Social Security) CITY OF SOUTH MTAMT Name of Entity,Individual(s),Partners,or Corporation Doing Business As(if same as above,leave blank) Stree*Address City State Zip Code __Xl.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec.2-8.1 ofthe County Code) 1.If the contract or business transaction is with a corporation,the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%)or more of the corporation's stock.If the contract or business transaction is with a partnership,the foregoing information shall be provided for each partner.If the contract or business transaction is with a trust,the full legal name and address shall be provided for each trustee and each beneficiary.The foregoing requirements shall not pertain to contracts with publicly traded corporations orto contracts with the United States orany department or agency thereof,the State or any political subdivision or agency thereof or any municipality of this State.All such names and addresses are(Post Office addresses are not acceptable): lof5 -X-II. 3. 2. 3. FullLegalName Address Ownership .U/A.70 % The full legal names and business address of any other individual (other than subcontractors, material men,suppliers,laborers,or lenders)who have,or will have,any interest (leeal,equitable beneficial or otherwise)in the contract or business transaction with Dade Countv are"(Post Office addresses are not acceptable): •W7*ft- Aiiy person who willfully fails to disclose the information required herein,or who knowingly discloses false information in this regard,shall be punished by a fine of up to five hundred dollars ($500.00)or imprisonment in the County jail for up to sixty (60)days or both. 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 or business transaction or renewal thereof which involves the expenditure often thousand dollars ($10,000)or more shall require the entity contracting or transacting business to disclose the following information.The foregoing disclosure requirements do not apply 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. 1.Does your firm have a collective bargaining agreement with its employees? JL__Yes No 2.Does your firm provide paid health care benefits for its employees9 Yes No-X- Provide a current breakdown (number of persons)of your firm's work force and ownership as to race,national origin and gender: White: Black: Hispanics: 37Males Jj^_Females 31 Males _q Females 3 3 Males ?a Females Males Females: Asian:0 Males 0 Females American Indian:0 Males 0 Females Aleut (Eskimo):0 Males 0 Females :Males Females X_m.AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT,PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 ofthe County Code.) lc aaa0^06 ^County Ordinance No.98-30,entities with annual gross revenues in excess of$5,000 000 seeking to contract with the County shall,as a condition of receiving a County contract, have:1)a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its 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 in its own procurement of goods,supplies and services.Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness m assuring the entity does not discriminate in its 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 voteofthe 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 ofthe 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. XX 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,and has submitted the plan and policy to the County's ?^PaJ?nent of Business Development 175 N.W.1"Avenue,28th Floor,Miami,Florida The firm does not have an affirmative action plan and/or a procurement policy as described above,buthasbeengranteda waiver. xJV.MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has Vv has not as ofthe date ofthis affidavit been convicted ofa felony during the past ten (10)yearsT ^^ An officer,director,or executive of the entity entering into a contract or receiving funding from the SnoTSi ^^n0t"date °f th,'S affidavit been convicted of afelony during the past xJv\MIAM-DADE E^LOYMEOT 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 ofMiami-Dade County,Florida,the above ttJ^J^EF*a dmg"free workp,ace-A™~<»~*-I**- 1.danger of drug abuse in the workplace 2.the firm's policy ofmaintaining adrug-free environment at all workplaces J.availability of drug counseling,rehabilitation and employee assistance programs 4.penalties that may be imposed upon employees for drug "abuse violations ife!?th^°LQntity -u^laJS°Lreq^ire an emPIoyee t0 s'gn astatement,as acondition of employmentthattheemployeewillabidebythetermsandnotifytheemployerofanycriminaldmecoSon S3 ^ateF ^JS?(5)1ayS after reCeivin*notice ofsuc*convic/onS ta^-SSpersonnelactionagainsttheemployeeuptoandincludingtermination.ppropnaie sCe°rv*^92')l mal bC W3iVed if ^e SpeciaI c^acteristicS of the product orserviceofferedbythepersonorentitymakeitnecessaryfortheoperationoftheCountyorforthehealth,safety,welfare,economic benefits and well-being of the public.Contra*inZvlnl^t frn£*1 Pr°V-d-6d m^?le 7.in part-*the United States or *£State of Florida shall beExemptedr^^^T^f^^zr^rinstances where *-pr~-in -^s 3 of 5 X_VI.MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFin avtt tr>142-91 codified as Section 1lA-29^qof to C^un^ffT (C<3Wty °rdmanCe Na empU»^(^^F'orid,an each of twenty (20)or «w^JX^£ktwX d2n*J£?yf*?£t "0rking day durinScompliancewithilitemsintheaforeTnttonedSee:P ^*'f0"°W,ng informa,ion in adoption of ach«d!crSTSJ^^Ji!"^for m,ed.ical reasons-for the blr*or=°»S^on wimo«rk7^Wh0 has a—»^1* a^ncr&T'r Smte^of FtaShS ^v0""??5 T**e.Mni^States or any department or X.VD.DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) ^Zy^^t^C^^^^^^^P1^««j -d agrees to continuewithallapplicablereguirementeofaTE™ii«JJ i?f*^=on0a«°'-"nder this project complies contracts with me United StSs or ™«ta£L J*0reg°,ng Lreauiieme"«shall not pertain tosubdivisionoragencyth^^,here0f'the StaK or any P°"'-' ^TA^-^IS^^^C^LINQUENT AND CURRENTLY DUE FEES OR sXtafljsssaX's si5TSff?ji,-rw named ^cOTporation-verifies that all delinquent and currentirduTfees nr «t«•i 'T aucontrac,t.wi,h *e County property taxes,utility taxes ma ™Lai licenses 2;'rh L 'Ud'ng b?n°!L'imited ,0 real andtheDadeCountyTaxCollector*Twell «nin.r ^•hlchi are°ollected '"<"e normal course byin«enameof&?ci^ X_K.CURRENT ON ALL COUNTY CONTRACTS,LOANS AND OTHER OBLIGATIONS wtt^^^Sff^^to^S^^^""^n°,e °r 0,hCT '°an d°~ 4 of 5 X__X.PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has a contract with the 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 fcire consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent*Children)as a result ofthe Personal Responsibility and Work Opportunity Reconciliation Act of 1996.the firm may request waiver 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 grantawards. X__XI.DOMESTIC VIOLENCE LEAVE (Resolution 185-00;99-5 Codified At 11A-60 Et.Seq of the Miami-Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance Ordinance 99-5 codified at 11A-60 eL seq.of the Miami Dade County Code,which requires an employer wluch has ra the regular course ofbusiness fifty (50)or more employees working in Miami- Dade County for each working day during each of twenty (20)or more calendar work weeks in the current or proceeding calendar years,to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5)page document entitled,"Miami-Dade County Affidavits"and have indicated by an "X"all affidavits that pertain to this contract and have indicated by an "N/A"all affidavits thatdonot pertain tothiscontract 'i?K HI: Lffiant)(Date) SUBSCRIBED AND SWORN TO (or affirmed)before me this 3^>day of bfojltJbpr 20Q5 by HcX/JC^T^vjLa „-..—J "-***"—*..He/SJie is personally knownto me or has presented ^identification. (Type of Identification) ignature ofNotary)(Serial Number) ——aitrW.Nkenga Payne ___^^^^^^ (Print or Stamp ofNotary)fyM\^commission DD255W7 (Expiration Date) X£f Expires October 05.2007 v ' Notary Public -Stamp State of £Wl(k Notarv Sea, (State) 5 of 5 ATTACHMENT Dl Form A-12 Code of Business Ethics Inaccordancewith Resolution R-994-99eachpersonorentitythatseekstodobusinesswithMiami-Dade CountyshalladopttheMiami-DadeCounty/GreaterMiamiChamber of CommerceCode of BusinessEthicsas follows: TheMiami-DadeCounty/GreaterMiamiChamber of Commerceseekstocreateandsustainanethicalbusiness climateforits members andthe community by adopting aCodeof Business Ethics.Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined hereintheir individual codes of ethics,which willguidetheir relationships with customers, clientsand suppliers.ThisModelCode can andshouldbe prominently displayed atallbusinesslocationsand maybeincorporatedintomarketingmaterials.Miami-Dade County/GreaterMiamiChamber of Commerce believesthatitsmembersshouldusethisCodeasamodelforthe development oftheirorganizations'business codes of ethics. This Model Codeisa statement of principles to help guide decisions andactionsbasedon respect forthe importance of ethicalbusinessstandardsinthe community.Miami-Dade County/GreaterMiamiChamber of Commerce believestheadoption of a meaningful code of ethicsisthe responsibility of everybusinessand professional organization. ByaffixingasignatureintheProposalsignaturepage,FormA-12,theProposerherebyagreesto comply with the principles of Miami-Dade County/Greater Miami Chamber of Commerce Code of BusinessEthics.If the Proposerfirm'scodevariesinanywaytheProposer must identify the difference(s)ona separate documents attached toFormA-12. CompliancewithGovernmentRulesandRegulations •We the undersigned Proposer will properly maintainallrecordsand post alllicensesand certificates in prominent placeseasilyseenbyouremployeesandcustomers; •Indealingwithgovernmentagenciesandemployees,wewillconductbusinessinaccordancewithall applicablerulesandregulationsandintheopen; •We,theundersigned Proposer willreportcontractirregularitiesandother improper orunlawful businesspracticestotheEthicsCommission,theOffice of InspectorGeneralorappropriatelaw enforcement authorities. Recruitment Selectionand Compensation of Contractors Consulting.Vendors,and Suppliers •We,theundersigned Proposer willavoidconflicts of interestanddisclosesuchconflictswhen identified; •Giftsthat compromise the integrity of abusinesstransactionare unacceptable;wewillnotkickback anyportion ofacontractpaymenttoemployees of theothercontracting party-oracceptsuchkickback. Business Accounting •Allourfinancial transactions willbeproperlyandfairlyrecordedinappropriatebooks ofaccount,and there will be no "offthe books"transactions or secret accounts. Promotion and Sales of Products and Services •Our products willcomplywithall applicable safetyandquality standards; •Wethe undersigned Proposer will promote and advertise ourbusinessandits products or services ina mannerthatisnotmisleadinganddoesnotfalsely disparage ourcompetitors. •We,theundersigned Proposer willconductbusinesswithgovernmentagenciesandemployeesina mannerthatavoidseventhe appearance of impropriety.Effortsto cum politicalfavoritismare unacceptable; •Our proposal willbecompetitive,appropriate totherequestfor proposals/qualifications documents andarrivedat independently; •Any changestocontractsawardedwillhaveasubstantivebasisandnotbepursued merely because we arethe successful Proposer. •We,theundersignedProposerwill,tothebest of ourability,perform government contractsawardedat thepriceandunderthetermsprovidedforinthecontract.We will not submit inflated invoices for goodsprovidedorservicesperformedundersuchcontracts,andclaimswillbemadeonlyforwork actuallyperformed.We willabide by allcontractingandsubcontractingregulations. •We,theundersignedProposerwill not,directlyorindirectly,offer togiveabribeorotherwisechannel kickbacksfromcontractsawarded,togovernmentofficials,theirfamily members orbusiness associates. •We,the undersigned Proposerwillnotseekorexpectpreferential treatment onproposalsbasedonour participationinpoliticalcampaigns. Public Life andPoliticalCampaigns •We,the undersigned Proposer encourage all employees to participate incommunitylife,public servicesandthepoliticalprocesstotheextentpermittedbylaw; •We,the undersigned Proposer encourage all employees to recruit,support andelect ethical and qualified public officials and engage themin dialogue and debate about business and community issuestothe extent permitted bylaw. •Our contributions to political parties,committees or individuals willbe made onlyin accordance with applicable lawsandwillcomplywithall requirements for public disclosure.All contributions made onbehalfofthe business mustbe reported to senior company management; •We,the undersigned Proposer willnot contribute tothe campaigns of persons who are convicted felons orthosewhodonotsignthe Fair Campaign Practices Ordinance. •We,the undersigned Proposer willknow knowingly disseminate false campaign information or support those who do. 2 of3 Pass-through Requirements •ThisCodeprohibits pass-through paymentswherebytheprimefirm requires thattheMBEfirm acceptspaymentsasanMBEandpassesthroughthosepaymentstoanother entity'. RentalSpace.Equipmentand Staff RequirementsorFlat Overhead FeeRequirements •ThisCodeprohibits rental space requirements,equipment requirements,staff requirements and/or flat overhead fee requirements,wherebythe prime firm requires theMBEfirmtorent space,equipment and/or staff fromtheprimefirmor charges a flat overhead feefortheuse of space,equipment, secretary,etc. MBE Staff Utilization •ThisCodeprohibitstheprimefirmfrom requiring theMBEfirmtoprovidemore staff thanis necessaryandthen utilizing theMBE staff forotherworktobeperformed by theprimefirm. ThisCodealsorequiresthatonanycontractwhereMBEparticipationispurported,thecontractshall specify essentialtermsincluding,butno limited to,aspecificstatementregardingthepercent of participationplanned for MBEs,the timing of payments~a&d whentheworkistobeperformed. Bv:rVL-tldJJ/< Signature ofAffiant Maria V.Davis,City Mqr. CITY OF SOUTH MIAMI Khmmki; Date ^,2o_^ 5J.3.'6-JJXJjQJsU AlJSJJL- Printed Name of Firm <S1 30 Snnspt flrivp.Smith Miami,FT.33143 Address ofFiinn SUBSCRIBED AND SWORN TO (or affirmed)before me this <3—day of NMjJfolQg/' By M m\(X»-D(^JV-J .He/She is personally known to me or has presented Affiant as identification. Type of Identification TJraPfgU»1 e ofNotary Serial Number Print or Stamp Name ofNotary f±£\My Commission ow^ Notary Public -State of f—Q \f\ 19%^eUo--05**7 ExpirationDate Notary Seal0— 3of3 .afiiC ATTACHMENT D2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129,Section 1) I,beingdulyfirst sworn,uponoath deposes andsaysthatthebidder of this contract or his agents,officers,principals,stockholders,subcontractors ortheir affiliates arenot debarredby Miami-Dade County. ///; (Signature of^fiant)(Date) SUBSCRIBED AND SWORN TO (or affirmed)before me this C^T^day of KjQN#J»vbQ^ 200fbbv H0uf»c^rlWi!>.He/She is personaUyJknown tomeorhas presented as identification. nature ofNotary) ^vi*Nkenga Payne o»^Expires" f^>My Commission D0255847 (Print or Stamp of Notary)\*/Expire8 October 05.2007 Notary Public -Stamp State of -(-vC^lCy— (State) 5/01 (Type of Identification) .Ttsssstqn (Serial Number) (Expiration Date) Notary Seal ATTACHMENT E SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1.This sworn statement is submitted to Miami-Dade County by.,Ma-ri^V.DflVJ R ,r-i-hy Manager (print individual's name and title) for—City of South Miami—_ (print Name of entity submitting sworn statement) whosebusinessaddressis fii ^n p„r,gP+-r>r>i^or South Miami,FL 33143 and if applicableitsFederal Employer IdentificationNumber(FEIN)is qp-finnn^i If the entity hasno FEIN,include the Social Security Number of the individual signing this sworn statement: 2.I understand that a "public entity crime"as defined in paragraph 287.133 (lXg),Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States,including,but not limited to,anybidor contract forgoods or services to be provided topublic entity oragencyorpoliticalsubdivisionofany other stateor of theUnited States andinvolving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misinterpretation. 3.I understand that "convicted"or "conviction"asdefinedin Paragraph 287.133 (l)(b),Florida Statutes,means afinding of guiltoraconvictionofapublic entity crime,with or without an adjudication of guilt,inanyfederal or statetrialcourtofrecordrelatingtocharges brought by indictment or information after July 1,1989,asaresult of a jury verdict,non jury trial,or entry of a plea of guilty or nolo contendere. 4.I understand that an "affiliate"as defined in paragraph 287.133(l)(a),Florida Statutes,means: 1.Apredecessororsuccessorofapersonconvictedofapublic entity crime;or2.An entity under the controlofany natural personwhoisactiveinthe management ofthe entity andwhohasbeen convictedofapublic entity crime.Theterm"affiliate"includesthoseofficers,directors, executives,partners,shareholders,employees,members,andagentswhoareactiveinthe managementofanaffiliate.Theownershipbyonepersonofsharesconstitutingacontrolling interest inanotherperson,orapoolingofequipmentorincomeamongpersonswhennotforfair market value under an arm's length agreement,shallbeaprimafaciecase that oneperson controls another person.Apersonwho knowingly entersintoajoint venture withapersonwho hasbeenconvictedofapublic entity crimeinFloridaduringthepreceding36 months shallbe considered an affiliate. 1 of2 5.I understand thata"person"as defined in Paragraph 287.133(1 )(e),Florida Statutes,meansany natural person orentity organized underthe laws ofanystateorofthe United States withinthe legal power toenterintoabinding contact and which bidsor applies tobidon contracts forthe provision of goods or services letbya public entity,or which otherwise transacts or applies to transact business withapublicentity.Theterm "person"includesthose 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 entity submitting this sworn statement (Please indicate which statement applies.) X Neither the entity submitting this sworn statement,nor any of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity hasbeen charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement,oroneor more of its officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management of the entity,nor any affiliate of the entity hasbeen charged with and convicted of a public entity crime subsequent to July 1,1989.However,there has been a subsequent proceeding before a Hearing Officer of the State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest toplace the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM (Signature) Sworn to and subscribed .before me this 3^day of N Qfafce/~,20 OS. Personally known \s OR Produced Identification Notary Public -State of FlOft (Type of Identification) ^,^Nkenga Payne^/V.MyComm«sk)nD0255847 35MycommissionexpirestOkSJO'l (Printed typed or stamped commissioned name of notary public) 2 of2 DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION MONTHLY PROGRESS REPORT FY 2005-2006 AGENCY'S NAME City of South Miami,Miami Senior Center ATTACHMENT F NAME AND TITLE OF PERSON COMPLETING THIS REPORT Joanna Revelo,Grants Administrator PLEASE CHECK THE REPORTING PERIOD •October •April •November •May •December •June •January •July •February •August •March •September •FINAL REPORT NUMBER OF NEW CLIENTS SERVED THIS MONTH SUMMARIZE PROGRAM OBJECTIVES/GOALS ACCOMPLISHED THIS MONTH: (This section cannot be left blank-please list each objective and hours of service delivery) Objective 1:Extendtheexistingweeklymealservice at the South Miami Senior Center to include weekends (Saturdays and Sundays). Hours of Service Delivery:Service to be providedFriday afternoons with delivery of enough meals per registered senior resident for Saturday and Sunday. Objective 2:Provide one hotmealto each senior atthe senior center on Saturdays and Sundays.Between 70 -75 seniors per week. Hours of Service Delivery:Same as above. REPORT ON PROGRAMMATIC PROBLEMS ENCOUNTERED THIS MONTH: (This section cannot be left blank) IS YOUR AGENCY PLANNING TO DO A BUDGET MODIFICATION DURING THIS MONTH:YES NO COMMENTS: Grants Administrator Date Submitted Authorized Signature and Title ATTACHMENT G MIAMI-DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Name of Organization:pttv of sdh-th mtamt Addressttnn g1ir)gg>4-nriup,sn Mi ami, Florida 33143 REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104,theCommunityBased Organization must submit thelist of firsttheirsubcontractorsorsub-consultantswhowillperformanypart of theScope of Services Work,ifthis Agreement isfor $100,000 ormore. The Community Based Organization mustcompletethisinformation.If the Community Based Organizationwillnotutilize subcontractors,thentheCommunityBasedOrganizationmuststate"No subcontractors will be used";do not state "N/A". Name of subcontractor or Sub-consultant address City and State No Subcontractor used since grant award is less than $100,000 REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT IncompliancewithMiami-DadeCounty Ordinance 97-104,the Community BasedOrganizationmust submitalist of supplierswhowillsupply materials fortheScope of Servicestothe Community Based Organization,if thisContract Agreement is $100,000 ormore. The Community BasedOrganizationmustfilloutthisinformation.If the Community Based Organizationwillnotusesuppliers,the Community Based Organization must state"Nosupplierswillbe used",do not state "N/A". Name of Supplier ADDRESS City and State No Subcontractor —Grant award is less than $100,000 J hereby certify that the foregoing information istrue,correct and cornplete: Signature ofAuthorized Representative:>rWuCfctQ ^/'J&AJ /.$ Title:citv Manaa^r s Date:11 l6[0jr.it-y Manager Firm Name:c.M-y nf smith Miami Fed ID No.59-6QQQ431 Address:6120 SunGct Drivo City/State/Zip:,Snn1-h Miami,FT,33143 Telephone:605)668^2510 Fax3(05 J663-6345 E-mail:mdavis@citvofcouthmiami. net ATTACHMENT H LIVING WAGE REQUIREMENT (Miami-Dade County Ordinance 99-44) Effective November 11,1999 the provisions of Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Code of Miami-Dade County shall apply toall service contracts involving the expenditure of over $100,000 peryearfor "Covered Services". "Covered Services"are the type of services purchased by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1)County Service Contracts (i)food preparation and/or distribution (ii)security services (Hi)routine maintenance services such as custodial,cleaning,refuse removal, repair,refinishing and recycling (iv)clericalor other non-supervisory officework,whether temporary or permanent (v)transportation and parking services,includingairportand seaport services (vi)printing and reproduction services (vii)landscaping,lawn and/or agricultural services In accordance withMiami-DadeCountyOrdinance 99-44,all Service Contractorsentering intoacontractwithMiami-Dade County toprovide Covered Services as described above shallpayto all ofits employees providing suchCoveredServicestotheCountya Living Wage of no less than $8.56 perhourplusHealth Insurance as described in the aforementioned ordinance,or$9.81perhour without Health Insurance. Such Health Benefitsshall consist ofpaymentofatleast$1.25perhourtowardsthe provisionofhealthcare benefits for employees andtheir dependents.Proofof the provision of Health InsurancemustbesubmittedtotheCountytoqualify for the wage rate for employees with healthbenefits.TheService Contractor shall alsoagreetoproduce all documentsand records relating to payroll andcompliance with this Ordinance prior to awardofacontractasaresultofthis solicitation upon request bytheCounty. If records reflect thattheService Contractor isin violation ofthis Ordinance,theCounty hasthe right tosanctiontheService Contractor toincludebutnot limited to termination, fine and suspension. This Ordinance encompasses various responsibilities thatmustbe accomplished bythe successful proposer suchas record keeping,posting and reporting.Upon the award of this contract,thesuccessful proposer mustbe prepared tocomplywith these requirements as outlined in Ordinance 99-44. 5/01 lof2 FORMA-11 MIAMI-DADE COUNTY,FLORIDA MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99-44 and Section 2-8.9 ofthe Miami-Dade CountyCode) Solicitation No.:Not Applicable —Grant Award is less than $100,000 Tide:fity of Snnth Miami Rpninr Ppni-Pr -W^oVonri Mpals Program I,Maria V.Davis ,being first duly sworn hereby state and certifythatincompliancewith Miami-Dade County Ordinance 99-44 andSection2-8.9 of theMiami-Dade County Code,by accepting award of this contract,the bidder or proposer agrees topaythe living wage required by Miami-Dade County Ordinance 99-44 toall employees assigned tothis contract.Thebidderor proposer further understands thatthe current livingwage applied tothis contract is $8.56 per hour plus health benefitsasdescribedinthe ordinance,or $9.81 perhourwithouthealthbenefits. By:/AjfaZtcf^fj/Atir KhX)•3 .20 fc Signaturec£^ffiant Date rity nf Smith Miami 5_/.2__-ZlJslJSlJSlJAU_3_/l__/_ r*i-f-y r\-f Qnnfh Mi ami M ,,. Printed Name of Firm finn Sim«»i-DrivP.Srmrh Miami.FT.33143 Address of Firm SUBSCRIBED AND SWORN TO (or affirmed)before me this 5r°-day of MW^Jbo^,20<yT by jlfi/1 6-4JLXi)\,^>.He/She is personally known to me or has presented Affiant as identification. Type ofIdentification ^Signature of Notary Serial Number *fe__Nkenga Payne Print or Stamp Name of Notary ;?\M\My commission DD255847 Expiration Date ^>ofcr Expires October 05.2007 Notary Public -State of JpVtiA&g.Notary Seal Rev.1/20/00 2 of2