Res. No. 087-00-10980Resolution No.87-00-10980
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MAIMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT TO CONTINUE WITH THE CITY'S PARTICIPATION IN THE
MEALS FOR THE ELDERLY PROGRAM.
WHEREAS,TheCity of SouthMiami participates with Miami-Dade County through
the Community Action Agency's Meals forthe Elderly Program;and
WHEREAS,In order to continue participating inthis program,theCity
Administration must execute arenewal agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager is hereby authorized to execute the Renewal
Agreementattachedheretoas"Exhibit1",tocontinuethe City's participation inthe
Meals forthe Elderly Program.
Section 2.This resolution shall take effect immediately upon approval.
PASSEDANDADOPTEDthis 18th day of April,2000.
ATTEST:
READ AND APPROVED AS TO FORM:
^^
CITY ATTORNEY
/<&fer//y^
Meals Program 2000Scurr
APPROVED:
\JP&
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Feliu:Yea
Commissioner Bethel:Yea
Commissioner Russell:Yea
Commissioner Nisccwbe:Yea
OfTY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor&Commission DATE:April 13,2000
FROM:Charles Scurr
City Manager ,7 /)fj
SUBJECT:Agenda #&
(jj>
Commission
Meeting
April 18,2000
Meals for the
Elderly-Renewal
Agreement
REQUEST
The attached resolution seeks approval fora renewal agreement withMiami
Dade County for the Meals for the Elderly Program.This program provides over
20,000 meals annually (60-80 seniors served onadaily basis),which the Senior
Center receives.The Senior Center also receives over 30 meals weekly for
homebound clients,which our staff delivers.
BACKGROUND
For the past eight (8)years this program has been a tremendous benefit to the
residents of South Miami and this is a continuous contract that has been
extremely beneficial.The County pays for meals and the City provides staff and
a monthly rental of $25.00 foran annual total of $300.00 cash expense to the
City.
The funds will be disbursed from account number 2000-3450,"Contractual
Services".Available balance is $10,501.00.
RECOMMENDATION
I recommend that we renew this agreement with Miami-Dade County through the
Community Action Agency.
AGREEMENT
ThisAgreement,madethis 1st day of January,1999,byandbetweenMiamiDade
County,a political subdivision of the State of Florida (herein after referred toas "COUNTY"),
through its Community ActionAgency (herein after referred toas "CAA"),395NWFirstStreet,
Miami,Florida 33128,andtheCity of SouthMiami,apoliticalsubdivisionoftheState of
Florida,(hereinafterreferredtoas"SOUTHMIAMI"),6130SunsetDrive,SouthMiami,Florida
33143,states conditions and covenants pursuant to which SOUTH MIAMI shall continue
participating in CAA's Mealsforthe Elderly Program (herein after referred toas "PROGRAM").
WHEREAS,Resolution No.1206-99 authorized the County Manager to receive,expend
andsubcontractforTitle ffl-C of theOlderAmericansActgrantfundsreceivedthroughtheArea
AgencyonAgingforDadeandMonroecounties,forthecontinuedoperationandadministration
of CAA'sMealsforthe Elderly PROGRAM;and
WHEREAS,SOUTH MIAMIdesirestocontinue participating inCAA'sMealsforthe
ElderlyPROGRAM,andtheCOUNTYdesirestocontinueprovidingmealsattheSouth
Miami's facility.
NOW THEREFORE,in consideration of the mutual covenants recorded herein,the
parties hereto agreeas follows:
ARTICLE I
Scope of Services
l.l SOUTH MIAMI agrees:
a.Provide staff toserveTitle IG-C approvedmealstoclientsparticipatinginthe
Meals forthe Elderly Program atthe contractor's South Miami site.To make
availabletothe participants of CAA Mealsforthe Elderly PROGRAM the dining
room,kitchen andrestrooms of thefacility,Monday through Friday,except
holidays,from 8:30 a.m.until2:00p.m.at 6701 SW62 Avenue,South Miami.
b.To provide maintenance services daily,andonanas needed basis.
c.To provide tables,chairs and other furnishings as required forthe operation of the
PROGRAM in the South Miami site.
d.To provide hot and cold running water,heatandair conditioning,electricity and
garbage collection,atno cost tothe County or CAA.
e.Topay rental costs to Miami-Dade County's Housing Agency.
southmiami00:eldprgm00 Page 1 of 11
0
f.Accept andcollect donations fromprogram'sparticipantsand forward the
collections toCAAFiscal Management Office atleastonceper month.
g.Toprovideitems pertinent to thepreparing,cleaning andserving of meals.Such
itemsshallincludebutnotbelimitedto:garbage bags,papertowels,gloves,
soap,dishcloths,dish detergent,cleansers.
h.ToprovidesupportservicestothePROGRAM'Sparticipants.Suchservicesshall
include,but not limited to:nutrition,crafts,education,outreach,cultural and
recreational activities.
i.To complete andsubmit reports andother information requiredasbyCAAin
connectionwithSouthMiami'sparticipationintheprogram.
1.2 The COUNTY agrees:
a.To provide and make payment directly tothe vendor the cost forone noon-time
meal,per person,per day,toeighty(80)participants of the SOUTH MIAMI meals
fortheElderlyProgram,MondaythroughFriday,except holidays,duringtheterm
of this Agreement.
b.CAA will provide assistance in obtaining staff fromlocal schools and colleges to
provide PROGRAM participants with non-food service activities.Such activities
shall include but not be limited to:crafts,nutrition,education,exercise,music,
discussion groups.
ARTICLE II
Term of Agreement
2.1 Effective Term.Both parties agreethattheeffectiveterm of this agreement shallbe
from January 1.1999 to December 31.2000.
ARTICLE III
Indemnification
3.1 Indemnification bv the SOUTH MIAMI.SOUTH MIAMI shall indemnify and hold
harmless the COUNTY and its officers,employees,agents and instrumentalities fromany
andliability,lossesor damages,includingattorney'sandcosts of defense,whichthe
COUNTY orits officers,employees,agents instrumentalities mayincurasaresult of
claims,demands,suits,causes of actionsor proceedings of anykindornature arising out
of,relating to or resulting from the performance of this Agreement bythe government
entity of itsemployees,agents,servants,partners,principalsorsubcontractors.SOUTH
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MIAMI shall payallclaimsand losses in connection therewith and shall investigate and
defendallclaims,suitsoractions of anykindornatureinthename of theCOUNTY,
where applicable,includingappellate proceeding,andshallpayallcosts,judgments,and
attorney's fees which may issue thereon.Provided,however,this indemnification shall
onlybetotheextentandwithinthe limitations ofSection768.28 Fla.Stat.,subjecttothe
provisions ofthatStatutewhereby SOUTH MIAMI shallnotbeheld liable topaya
personal injury orproperty damage claimorjudgmentbyanyoneperson which exceeds
thesum of $100,000,oranyclaimorjudgmentorportionsthereof,which,whentotaled
withallotherclaimsor judgment paidSOUTHMIAMIarisingout of thesameincident
or occurrence,exceedthesum of $200,000 from anyandallpersonalinjuryorproperty
damage claims,liabilities,lossesorcauses of actionwhichmayariseasaresult of the
negligence of SOUTH MIAMI.
ARTICLE IV
Insurance
4.1 Modification and Changes.SOUTH MIAMIshall notify the COUNTY of any intended
changes ininsurance coverage,includingbutnotlimitedtoanyrenewals of existing
insurancepolicies.Uponreview of SOUTH MIAMI'S Scope of Servicesbythe
COUNTY'SRisk Management Division,the COUNTY may increase,decrease,waiveor
modifyany of thefollowinginsurancerequirements.AnyrequestbySOUTHMIAMIto
decrease,waiveormodifyany of thefollowinginsurance requirements mustbeapproved
in writing bythe COUNTY'S Risk Management Division.
4.2 Minimum Insurance Requirements:Certificates of Insurance.SOUTH MIAMI shall
furnish tothe Department,Miami DadeCounty,GSA Risk Management,Certificate(s)of
Insuranceindicatingthatinsurancecoveragehasbeenobtainedwhichmeetsthe
requirements as outlined below:
a.Worker's Compensation Insurance forall employees of the South Miami as
required by Florida Statute 440.
b.Public Liability Insurance ona comprehensivebasis inan amount notless than
$300,000 combined single limit per occurrence for bodily injury and property
damage.Dade County mustbeshownasan additional insured with respect to
this coverage.
c.Automobile Liability Insurance covering all owned,non-owned and hired vehicles
used in connection with the work,inan amount not less than $300,000 combined
singlelimitperoccurrenceforbodilyinjuryandpropertydamage.ForProviders
using vans or mini-vans with seating capacities of fifteen (15)passengers or more,
thelimit of liability requiredforAutomobileLiabilityInsuranceis$500,000.
Page 3.of 11
d.Professional LiabilityInsurance,whenapplicable,inthename of theSouthMiami
in an amount not less than $300,000.
4.3 Classifications and Ratings.Theinsurancecoveragerequiredshallincludethose
classifications,as listed in standard liability insurance manuals,which most nearlyreflect
theservicesoroperationsdescribedintheScope of Services.Allinsurancepolicies
requiredaboveshallbeissuedbycompaniesauthorizedtodobusinessunderthelaws of
the State of Florida,with the following qualification:
The company mustberatednolessthan"B"asto management,andnolessthan
"Class V"asto financial strength bythelatest edition of Best's Insurance Guide,
published byA.M.Best Company,Oldwick,NewJersey,orits equivalent,subject
tothe approval of the County Risk Management Division.
or
ThecompanymustholdavalidFloridaCertificate of Authority asshowninthe
latest"List of AllInsurance Companies Authorized or Approved toDoBusiness
in Florida",issued bytheState of Florida Department of Insurance andare
members of the Florida Guaranty Fund.
Certificates of Insurance shall indicate thatno modification or change in insurance shall
bemade without thirty(30)days written advancenoticetothe certificate holder.
4.4 Failure to Provide Certificates-of Insurance.If South Miami fails to furnish the
Countywiththe Certificate of Insurance or written verification requiredunderthissection
orasdeterminedbytheCounty'sRiskManagementDivisionafterreview of theScope of
Services,theCountyshallnotdisburseanyfundsuntilitis provided withthenecessary
Certificates of Insuranceorwritten verification.Failureto provide the Certificates of
Insurance or written verification within sixty(60)days of execution of this Agreement
mayresultin termination of this Agreement.
ARTICLE V
Proof of Licensure
5.1 Proof of Licensure and Certification.IfSouthMiamiisrequiredbytheState of
FloridaorMiamiDadeCountytobelicensedorcertifiedtoprovidetheservicesor
operate the facilities outlined inthe Scope of Services,the South Miami shall furnish a
copy ofall required current licenses pr certificates.Examples of services or operations
requiring such licensure or certification include butarenot limited tochild care,day care,
nursing homes,boarding homes.
IfSouth Miami fails to furnish the County with the licenses or certificates required under
thisSection,theCountyshallnotdisburseany funds until itisprovidedwithsuch
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licensor certificates.Failureto provide the licenses or certificates within sixty (60)days
of execution of this Agreement may result in termination of this Agreement.
ARTICLE VI
Conflict of Interest
6.1 Conflict of Interest.South Miami agreestoabide by andbe governed by Dade County
Ordinance No.72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al.of
theCode of Miami Dade County),as amended,which is incorporated herein byreference
as if fully setforth herein,in connection with itscontract obligations hereunder.
ARTICLE VII
Civil Rights
7.1 Civil Rights.SouthMiamiagreestoabidebyChapter 11 A,Article IV of theCode of
MiamiDade County ("CountyCode"),asamended,whichprohibitsdiscriminationin
employment.TitleVII of theCivilRightsAct of 1968,asamended,whichprohibits
discriminationin employment andpublicaccommodation;the Age Discrimination Act of
1975,42 U.S.C.,asamended,which prohibitsdiscriminationin employment because of
age;Section504 of theRehabilitation Act of 1973,29U.S.C.,*794,asamended,which
prohibits discrimination onthebasis of disability;and theAmericanswith Disabilities
Act,42 U.S.C.'12103etseq.,which prohibitsdiscriminationin employment and
accommodation because of disability.
It isexpressly understood thatupon receipt of evidence of discrimination under any of
theselaws,theCounty shall havetherightto terminate thisAgreement.Itis further
understood that South Miami must submit an affidavit attesting thatitisnotinviolation
of the Americans with Disability Act,theRehabilitationAct,theFederalTransit Act,49
U.S.C.'1612,andthe Fair Housing Act,42 U.S.C.'3601 etseq.If SouthMiamiorany
owner,subsidiary,orother firm affiliatedwithor related toSouthMiami,is found bythe
responsible enforcement agency,the Courts orthe County tobein violation of these Acts,
the County will conduct no further business with South Miami.Any contract entered into
based upona false affidavit shall be voidable bythe County.IfSouth Miami violates any
of theActs during theterm of any contract South Miami iswiththeCounty,such contract
shall be voidable bythe County,even if South Miami was notin violation atthetimeit
submitted its affidavit.
ARTICLE VIII
Notices
8.1 Notices.Itis understood and agreed between the parties that written notice addressed to
the Department and mailed or delivered to the address appearing on page one (1)of the
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Agreement and written notice addressed to South Miami and mailed or delivered tothe
address appearing onpageone(1)of thisAgreementshall constitute sufficient noticeto
either party.
ARTICLE IX
Autonomy
9.1 Autonomy.BothpartiesagreethatthisAgreementrecognizesthe autonomy of and
stipulatesorimpliesnoaffiliation between thecontractingparties.Itisexpressly
understood andintendedthatSouthMiamiisonlyarecipient of funding supportandis
notanagentorinstrumentality of theCounty.Furthermore,South Miami's agentsand
employees arenotagentsor employees of theCounty.
ARTICLE X
Breach of Agreement
10.1 Breach.A breach bySouthMiamishallhaveoccurredunderthis Agreement if:(l)the
SouthMiamifailstoprovidetheservicesoutlinedintheScope of Serviceswithinthe
effective term of this Agreement;(2)South Miami ineffectively or improperly usesthe
County funds allocated under this Agreement;(3)South Miami does not furnish the
Certificates of Insurance required bythis Agreement oras determined bythe County's
Risk Management Division;(4)South Miami doesnot furnish proof of licensure and
certification required by this Agreement;(5)South Miami failsto submit,or submits
incorrect or incomplete,proof of expenditures to support disbursement requests or
advance funding disbursements orfailsto submit or submits incomplete or incorrect
detailed reports of expenditures orfinal expenditure reports;(6)South Miami doesnot
submit or submits incomplete or incorrect required reports;(7)SouthMiami refusesto
allow the County access to records or refuses to allow the County to monitor,evaluate
and review the South Miami's program;(8)South Miami discriminates under any of the
laws outlined in Section VII of this Agreement;(9)South Miami falsifies or violates the
provisions of theDrugFree Workplace Affidavit;(10)SouthMiami,attempts tomeetits
obligations under this Agreement through fraud,misrepresentation or material
misstatement;(11)South Miamifailsto correct deficiencies found during a monitoring,
evaluation or reviewwithin the specified time;(12)South Miami failsorrefusestoreturn
allitems of capitalimprovementinthesameconditionasreceivedatthebeginning of the
Agreementexceptordinarywearandtear;or(13)SouthMiamifailstofulfillinatimely
andpropermanneranyandall of itsobligations,covenants,agreementsandstipulations
inthisAgreement.Waiver of breach of anyprovisions of thiscontractshallnotbe
deemedtobea waiver of anyother breach andshallnotbe construed tobeamodification
of the terms of this Agreement.
10.2 County Remedies.If South Miami breaches this Agreement,the County may pursue any
orall of the following remedies:
Page 6,of 11
1.TheCountymay terminate this Agreement by giving written noticeto South Miami
of such termination and specifying the effective date thereofat least five (5)days
before theeffective date of termination.Inthe event of termination,the County may:
(a)requestthe return of allfinishedorunfinisheddocuments,data studies,surveys,
drawings,maps,models,photographs,reports prepared,and capital equipment
secured bySouth Miami withCounty funds under thisAgreement;(b)seek
reimbursement of County funds allocated toSouthMiamiunderthis Agreement;(c)
terminateor cancel anyother contracts entered intobetweentheCountyandSouth
Miami.South Miamishallberesponsibleforalldirectandindirectcostsassociated
withsuchtermination,includingattorney'sfees.
2.TheCountymaysuspendpaymentinwholeorin part underthis Agreement by
providingwrittennoticetoSouthMiami of suchsuspensionand specifying the
effectivedate thereof,at least five(5)days before theeffective date of suspension.If
payments aresuspended,the County shallspecifyinwritingtheactionsthat must be
takenbySouthMiamiascondition precedent to resumption of paymentsand shall
specify a reasonable dateforcompliance.TheCountymayalsosuspendany
payments in whole orinpart under any other contracts entered into between the
County and South Miami.South Miamishallberesponsibleforalldirectand
indirectcostsassociatedwithsuchsuspension,includingattorney'sfees.
3.The County may seek enforcement of this Agreement including butnot limited to
filinganaction with acourt of appropriate jurisdiction.South Miami shallbe
responsible foralldirectand indirect costs associated with such enforcement,
including attorney's fees.
4.The County may debar South Miami fromfuture County contracting.
5.If,foranyreason,South Miami should attempt to meet its obligations underthis
Agreement through fraud,misrepresentation ormaterial misstatement,the County
shall,whenever practicable terminate this Agreement by giving written noticeto
South Miami orsuch termination and specifying the effective date thereof atleast
five (5)days before the effective date of such termination.The County may
terminate orcancelanyother contracts which such individual or entity has with the
County.Such individual or entity shallbe responsible forall direct and indirect
costsassociated with such termination orcancellation,including attorney'sfees.Any
individual or entity who attempts to meet itscontractual obligations with the County
throughfraud,misrepresentationormaterial misstatement may bedebarredfrom
County contracting forupto five (5)years.
6.Any other remedy availableatlawor equity.
TheCountyManagerisauthorizedtoterminatethis Agreement on behalf of theCounty.
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10.3 Damages Sustained.Notwithstanding theabove,SouthMiamishallnotberelievedof
liability tothe County for damages sustained by the County by virtue of any breach of the
Agreement,andtheCountymaywithholdany payments toSouthMiamiuntilsuchtime
astheexact amount of damages duethe County is determined.The County mayalso
pursueanyremediesavailableatlaworequityto compensate foranydamagessustained
bythebreach.SouthMiamishallberesponsibleforalldirectandindirectcosts
associatedwithsuchaction,includingattorney'sfees.
ARTICLE XI
Termination
11.1 Termination Bv Either Party.Bothpartiesagreethatthis Agreement maybe
terminated byeitherparty hereto bywrittennoticetotheotherpartyofsuchintentto
terminate atleastthirty(30)dayspriortotheeffectivedate of such termination.The
CountyManageris authorized toterminatethis Agreement onthebehalfofthe County.
ARTICLE XII
Miscellaneous
12.1 Sub-Contracts.Thepartiesagree that no assignment or sub-contract will bemadeorlet
in connection withthisAgreement without thepriorwrittenapproval of theDepartment,
whichshallnotbe unreasonably withheld,andthatall sub-contractors orassigneesshall
be governed bythetermsand conditions of thisAgreement.
12.2 Payment Procedures.The County agrees topay South Miami for services rendered
underthis Agreement basedonthe payment schedule,as specified in Section 1.2 (c)of
this Agreement.lol
(a)Non Payment of Subcontractors.Innoeventshall County fundsbe advanced
directly toany subcontractor hereunder.
12.3 Agreement Guidelines.SouthMiamiagreestocomplywithall applicable federal,state
and county laws,rulesand regulations,which are incorporated herein by reference or
fullysetforth herein.This Agreement shallbe interpreted according tothelaws of the
State of Florida and proper venueforthis Agreement shallbe Dade County,Florida.
12.4 Modifications.Any alterations,variations,modifications,extensions or waivers of
provisions of this Agreement including butnotlimitedto amount payable and effective
term shall only be valid when they have been reduced to writings,duly approved and
signed by both parties and attached tothe original of this Agreement.
Page 8 pf 11
The County Manager is authorized to make modifications to this Agreement as described
hereinon behalf of theCounty.
12.5 Renewal.This Agreement may be renewed for additional one-year periods,subject to
approval bythe County,the Department and South Miami.
12.6 Prohibited Use of Funds.
(1)AdverseActionsor Proceeding.SouthMiamishallnotutilizeCountyfundsto
retainlegalcounselforanyactionorproceedingagainsttheCountyoranyofits
agents,instrumentalities,employees of officials.South Miami shall notutilize
Countyfundstoprovidelegalrepresentation,advice of counseltoanyclientinany
actionorproceedingagainsttheCountyorany of itsagents,instrumentalities,
employees or officials.
(2)ReligiousPurposes.Countyfundsshallnotbeusedforreligiouspurposes.
12.7 Access to Records:Audit.South Miami understandsthatitmaybe subject toanaudit.
SouthMiamishall provide accesstoall of usrecordswhichelatetothis Agreement atits
place of business duringregularbusinesshours.SouthMiamiagreestoprovidesuch
assistance asmaybenecessaryto facilitate theirreview of auditbythe County toinsure
compliance with applicable accounting andfinancial standards.
12.8 Monitoring:Management Evaluation and Performance Review.South Miami
agrees to permit County personnel to monitor,review and evaluate the program which is
the subject of this Agreement.The Department shall monitor both fiscal and
programmatic compliance withallthe terms and conditions of the Agreement.South
Miami shall permit the Department to conduct site visits,client assessment surveys,and
other techniques deemed reasonably necessary tofulfillthe monitoring function.Areport
of the Department's findings willbe delivered toSouthMiamiand South Miami will
rectifyall deficiencies citedwithinthe period of time specified inthe report.If such
deficiencies are not corrected within the specified time,the county may suspend payments
or terminate this Agreement.The Department shall conduct oneor more formal
management evaluation and performance reviews of SouthMiami.Continuation of this
Agreementorfuturefundingis dependent uponsatisfactory evaluation conclusions.
12.9 Counterpart.ThisAgreementissignedin _6_counterparts,andeach counterpart shall
constitute an original of this Agreement.
12.10 Headings.Use of Singular and Gender.Paragraphheadingsarefor convenience only
andarenotintendedtoexpandorrestrictthescopeorsubstance of theprovisions of this
Agreement.Whereverusedherein,thesingularshallincludethepluralandpluralshall
includethesingular,andpronounsshallbereadasmasculine,feminineorneuterasthe
context requires.
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12.11 Totality of Agreement/Severabilitv of Provisions.This 11 page Agreement with its
attachmentsas referenced below containallthetermsand conditions agreed upon bythe
parties:
Attachment A-Miami-Dade County Affidavits
Attachment B-State Public Entities Crime Affidavit
Noother Agreement,oralorotherwise,regardingthesubjectmatter of this Agreement
shallbe deemed to exist orbindany of thepartieshereto.If any provision of this
Agreement isheldinvalidorvoid,theremainder of this Agreement shallnotbeaffected
thereby if such remainder would then continue to conform tothetermsand requirements
of applicablelaw.
Page 10 of 11
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first written above.
(SEAL)
CITY OF SOUTH MIAMI
By:
(Signature of City Manager)
Typeor Print Name
ATTEST:
HARVEY RUVIN,CLERK
By:
DEPUTY CLERK
Attest:
By:
(Signature of CityClerk)
Type or Print Name
MIAMI DADE COUNTY,FLORIDA
By:
Page 11 of 11
MERRETT R.STIEHEIM
COUNTY MANAGER