Res. No. 115-97-10085RESOLUTION NO.115-Q7-inn«c;
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION
IN THE MEALS FOR THE ELDERLY PROGRAM.
WHEREAS,theCityofSouthMiamiparticipateswithDadeCounty
in the CommunityAction Agency's Meals fortheElderly Program;and
WHEREAS,in order to continue participating inthisprogram,
theCity Administration mustexecutearenewalagreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.ThattheCity Manager is hereby authorized to
execute the Renewal of Agreement attached hereto as "Exhibit 1"to
continue the City's participation inthe Meals for the Elderly
Program.
Section 2
upon approval.
This resolution shall take effect immediately
PASSED AND ADOPTED this 10
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
a:\res,raealsdade97
day of June,1997
Commission Vote:5-0
Mayor Price:Yea
Vice Mayor Robaina
Comm.Oliveros Yea
Comm.Brthel Yea
Comm.Young Yea
Yea
TO:
FROM:
City of South Miami
Parks&RecreationDepartment
Inter-Office Memorandum
Mayor&Commission DATE:June5,1997
L.Dennis Whitt
City Manager
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<rSUBJECT:Agenda Item
CommissionMeeting
June 10,1997
MealsfortheElderly
Renewal Agreement
The attached resolution seeks approval for an agreement with Metro Dade County
for the Meals for the Elderly Program.This program provides over 22,000 meals
annuallywhichtheSeniorCenter receives.TheSeniorCenteralsoreceivesover
30 meals for homebound clientswhichour staff delivers.
This program hasbeena tremendous benefit tothe residents ofSouth Miami and
I recommend that we renew this agreement with Metro Dade County.
C:\WPDOCS\meals.wliiu97
AGREEMENT
This Agreement,made this 1st day of January,1997,by and between Metropolitan Dade
County,a political subdivision of the State of Florida (herein after referred to as "COUNTY")
through its Community Action Agency (herein after referred to as '"CAA"),395 NW First Street
Miami,Florida 33128,and the City of South Miami,a political subdivision of the State of
Florida,(herein after referred to as "SOUTH MIAMI")6130 Sunset Drive,South Miami,Florida
33143,states conditions and covenants pursuant to which SOUTH MIAMI shall continue
participating in CAA's Meals for the Elderly Program (herein after referred to as "PROGRAM").
WHEREAS,Resolution No.1405-96 authorized the County Manager to receive,expend
and subcontract for Older Americans Act,Title III-C grant funds of the Older Americans Act
received through the Alliance for Aging for Dade and Monroe counties,for the continued
operation and administration of CAA's Meals for the Elderly PROGRAM;and
WHEREAS,SOUTH MIAMI desires to continue participating in CAA's Meals for the
Elderly PROGRAM,and the COUNTY desires to continue providing meals at the SOUTH
MIAMI'S facility,located at 6701 SW 62 Avenue,to PROGRAM participants.
NOW THEREFORE,in consideration of the mutual covenants recorded herein,the
partiesheretoagreeas follows.
1.1 SOUTH MIAMI agrees:
a.To make available to the participants of CAA Meals for the Elderly PROGRAM
the dining room,kitchen and restrooms of the facility,Monday through Friday,
except holidays,from8:30 a.m.until 2:00 p.m.
b.Toprovide maintenance services daily,andonanas needed basis.
c.Toprovide tables,chairs andother furnishings as required forthe operation ofthe
PROGRAM in the South Miami site.
d.To provide hot and cold running water,heat and air conditioning,electricity and
garbage collection
e.TopayrentalcoststoDadeCounty'sDepartment of HousingandUrban
Development (HUD)
f.Toprovideitemspertinenttothe preparing,cleaning andserving of meals.Such
items shall include butnotbe limited to:garbage bags,paper towels,gloves,soap,
dishcloths,dishdetergent,cleansers.
g.Toprovideforatleastonestaffpersontoconductfoodserviceandnoon-food
serviceactivitiesforPROGRAM participants.Suchactivities shall include,butnot
agreement:mfesoumia:tj PAGE 1 of 9 <?
be limited to nutrition,education,outreach,crafts,music,discussion groups,
exercise,etc.,as well as materials for operation of these specified activities.
h.To provide all services and items specified in Section 1.1 of this Agreement at no
costtothe COUNTY,CAAorthePROGRAM.
1.2TheCOUNTY agrees:
a.To provide and make payment directly to the vendor the cost for one noon-time
meal,per person,per day,to sixty-five (65)participants of the SOUTH MIAMI
meals for the elderly program,Monday through Friday,except holidays during the
term of thisAgreement.
b.CAA will provide assistance in obtaining staff from local 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,
discussiongroups.
1.3 The COUNTY and SOUTH MIAMI both agree:
a.Notices.Itis understood and agreed between the parties that written notice
addressed to CAA and mailed or delivered to the address appearing on page one
(1)of the Agreement and written notice addressed toSOUTH MIAMI and mailed
or delivered to the address appearing on page one (1)of this Agreement shall
constitute sufficient notice to either party.
b.Termination By Either Party.Both parties agree that this Agreement may be
terminated by either party hereto by written notice totheother party of such intent
toterminateatleastsixty(60)dayspriortothe effective date of such termination.
TheCounty Manager is authorized to terminate this Agreement onthebehalfof
the County.
c Effective Term.Both parties agree thatthe effective termofthis agreement shall
befrom January 1,1997 to December 31,1997.
d.IndemnificationbySOUTHMIAMI.SOUTH MIAMI shall indemnify and hold
harmless theCountyandits officers,employees,agentsand instrumentalities from
anyandall liability,losses or damages,including attorney's feesandcostsof
defense,whichtheCountyorits officers,employees,agentsor instrumentalities
may incurasaresultof claims,demands,suits,causes of actions or proceedings of
any kind ornature arising outof,relating toor resulting from the performance of
this Agreement by SOUTH MIAMI orits employees,agents,servants,partners
principals or subcontractors.SOUTHMIAMI shall payall claims and losses in
connectiontherewithand shall investigateanddefendall claims,suitsoractions of
any kind or nature inthe name ofthe County,where applicable,including appellate
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proceedings,and shall pay all costs,judgments,and attorney's fees which may
issue thereon.Provided,however,this indemnification shall only be to the extent
and within the limitations of Section 768.28 Florida Statues,subject to the
provisions of that Statue whereby the government entity shall not be held liable to
pay a personal injury or property damage claim or-judgment by any one person
which exceeds the sum of $100,000,or any claim or judgment or portions thereof,
which,when totaled with all other claims or judgment paid by SOUTH MIAMI
arising out of the same incident or occurrence,exceed the sum of $200,000 from
any and all personal injury or property damage claims,liabilities,losses or causes
of action which may arise as a result of the negligence of SOUTH MIAMI.
e.Civil Rights.SOUTH MIAMI agrees to abide by Chapter 11 A,Article IV of the
Code ofMetropolitan Dade County ("County Code"),as amended,which prohibits
discrimination in employment Title VII of the Civil Rights Act of 1968,as
amended,which prohibits discrimination in employment and public
accommodation;the Age Discrimination Act of 1975,42 U.S.C.,as amended,
which prohibits discrimination in employment because of age;Section 504 of the
Rehabilitation Act of 1973,29 U.S.C.,794,as amended,which prohibits
discrimination on the basis of disability;and the Americans with Disabilities Act,
42 U.S.C.,12103 et seq.,which prohibits discrimination in employment and
accommodation because of disability.
Itis expressly understood that upon receipt of evidence of discrimination under
any of these laws,the County shall have the right to terminate this Agreement.It
is further understood that the Contractor must submit an affidavit attesting that it
is not in violation of the Americans with Disability Act,the Rehabilitation Act,the
Federal Transit Act,49 U.S.C.1612,and the Fair Housing Act,42 U.S.C.3601 et
seq.If SOUTH MIAMI or any owner,subsidiary,orother firm affiliated with or
related to SOUTH MIAMI,is found by the responsible enforcement agency,the
Courts or the County to be in violation of these Acts,the County will conduct no
further business with SOUTH MIAMI.Any contract entered into based upon a
false affidavit shall be voidable by the County.If SOUTH MIAMI violates any of
the Acts during the term of any contract SOUTH MIAMI has with the County,
such contract shall be voidable bythe County,even if SOUTH MIAMI wasnot in
violation at the time it submitted its affidavit.
f Sub-Contracts.The parties agree thatno assignment or sub-contract will be
made or let in connection with this Agreement without the prior written approval
of CAA,which shall notbe unreasonably withheld,andthat all such
sub-contractors or assignees shall be governed bythetermsand intent of this
Agreement.
g Conflict of Interest.SOUTH MIAMI agrees to abide by and be governed by
DadeCounty Ordinance No.72-82 (Conflict of Interest Ordinance codified at
Section 2-11.1 et al.of the Code of Metropolitan Dade County),as amended,
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which is incorporated herein by reference as if fully set forth herein,in connection
withitscontract obligations hereunder.
Insurance.SOUTH MIAMI shall furnish Metropolitan Dade County,C/O Risk
Management Division,111 NW First Street,Suite 2340,Miami,Florida
33128-1928,Certificate(s)of Insurance indicating that insurance coverage has
been obtained which meets the requirements as outlined below:
(1.)Worker's Compensation Insurance for all employees of SOUTH MIAMI as
requiredbyFlorida Statute 440.
(2.)Public Liability Insurance on a comprehensive basis in an amount not less
than $300,000 combined single limit per occurrence for bodily injury and
property damage.Dade County must be shown asan additional insured
with respect tothis coverage.
The insurance coverage required shall include those classifications,as listed
in standard liability insurance manuals,which most nearly reflect the
services or operations described in Section 1.1 of this Agreement.All
insurance policies required above shall be issued by companies authorized
to do business under the laws of the State of Florida,with the following
qualification:
The company must be rated no less than "B"as the management,
and no less than "Class V"as to financial strength by the latest
edition of Best's Insurance Guide,published by A.M.Best
Company,Oldwick,New Jersey,or its equivalent,subject to the
approval ofthe County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as
shown in the latest "List of All Insurance Companies Authorized or
Approved to Do Business in Florida",issued by the State of Florida
Department of Insurance and are members of the Florida Guaranty
Fund.
Certificates of Insurance shall indicate that no modification or change in
insurance shall be made without thirty (30)days written advance notice to
the certificate holder.
SOUTH MIAMI shall notify the County of any intended changes in
insurance coverage,including but not limited to any renewals of existing
insurance policies.Upon review of SOUTH MIAMI'S services by the
County's Risk Management Division,the County may increase,decrease
waive or modify any of the above insurance requirements.Any request by
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1.
SOUTH MIAMI to decrease,waive or modify any of the above insurance
requirements must be approved in writing by the County's Risk
Management Division.
AutonomY.Both parties agree that this Agreement recognizes the autonomy of
and stipulates or implies no affiliation between the contracting parties.It is
expressly understood and intended that SOUTH MIAMI is only a recipient of
funding support and is not an agent or instrumentality of the County.
Furthermore,SOUTH MIAMI'S agents and employees are not agents or
employees ofthe County.
j.Breach.Abreach by SOUTH MIAMI shall have occurred under this Agreement
if:(1)SOUTH MIAMI fails to provide the services outlined in Section 1.1 within
the effective term of this Agreement;(2)SOUTH MIAMI ineffectively or
improperly uses the County funds allocated under this Agreement;(3)SOUTH
MIAMI does not furnish the Certificates of Insurance required by this Agreement
or as determined by the County's Risk Management Division;(4)SOUTH MIAMI
does not furnish proof of licensor and certification required by this Agreement;(5)
SOUTH MIAMI 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)SOUTH MIAMI does not submit or
submits incomplete or incorrect required reports;(7)SOUTH MIAMI refuses to
allow the County access to records or refuses to allow the County to monitor,
evaluate and review SOUTH MIAMI'S program;(8)SOUTH MIAMI
discriminates under any of the laws outlined in Section 1.3 (e)of this Agreement;
(9)SOUTH MIAMI falsifies or violates the provisions of the Drug Free
Workplace Affidavit;(10)SOUTH MIAMI attempts to meet its obligations under
this Agreement through fraud,misrepresentation or material misstatement;(11)
SOUTH MIAMI fails to correct deficiencies found during a monitoring,evaluation
orreview within the specified time;(12)SOUTHMIAMI fails or refuses toreturn
all items of capital improvement in the same condition as received at the beginning
ofthe Agreement except ordinary wear and tear;or (13)SOUTH MIAMI fails to
fulfill in a timely and proper manner anyand all of its obligations,covenants,
agreements and stipulations in this Agreement.Waiver of breach of any provisions
of this contract shall not be deemed tobea waiver of any other breach and shall
notbe construed tobea modification ofthe terms of this Agreement.
k County Remedies.If SOUTH MIAMI breaches this Agreement,the County may
pursueanyorall of thefollowingremedies:
(1.)The County may terminate this Agreement by giving written notice to
SOUTH MIAMI of such termination and specifying the effective date
thereofatleast five (5)days beforethe effective date of termination.Inthe
eventof termination,theCounty may:(a)requestthereturn of all finished
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or unfinished documents,data studies,surveys,drawings,maps,models,
photographs,reports prepared,and capital equipment secured by SOUTH
MIAMI with County funds under this Agreement;(b)seek reimbursement
of County funds allocated to SOUTH MIAMI under this Agreement;(c)
terminate or cancel any other contracts entered into between the County
and SOUTH MIAMI.SOUTH MIAMI shall be responsible for all direct
and indirect costs associated with such termination,including attorney's
fees.
(2.)The County may suspend payment in whole or in part under this
Agreement by providing written notice to SOUTH MIAMI of such
suspension and specifying the effective date thereof,at est five (5)days
before the effective date of suspension.If payments are suspended,the
County shall specify in writing the actions that must be taken by SOUTH
MIAMI as condition precedent to resumption of payments and shall specify
a reasonable date for compliance.The County may also suspend any
payments in whole or in part under any other contracts entered into
between the County and SOUTH MIAMI.SOUTH MIAMI shall be
responsible for all direct and indirect costs associated with such suspension,
including attorney's fees.
(3.)The County may seek enforcement of this Agreement including but not
limited to filing an action with a court of appropriate jurisdiction.SOUTH
MIAMI shall be responsible for all direct and indirect costs associated with
such enforcement,including attorney's fees.
(4.)The County may debar SOUTH MIAMI from future County contracting.
(5.)If,for any reason,SOUTH MIAMI should attempt to meet its obligations
under this Agreement through fraud,misrepresentation or material
misstatement,the County shall,whenever practicable terminate this
Agreementbygivingwrittennoticeto SOUTH MIAMI of such
termination and specifying the effective date thereof at least five (5)days
before the effective date of such termination.The County may terminate or
cancel any other contracts which such individual or entity has with the
County.SOUTH MIAMI shall be responsible for all direct and indirect
costs associated with such termination or cancellation,including attorney's
fees.Any individual or entity who attempts to meet its contractual
obligations with the County through fraud,misrepresentation or material
misstatement may be debarred from County contracting for upto five (5)
years.
Renewal.This Agreement may be renewed for additional one-year periods,
subject to approval bythe County,the Department and SOUTHMIAMI.
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m.Totality of Agreement/Severabilitv of Provisions.This _8_page Agreement
with its attachments as referenced below contain all the terms and conditions
agreed uponbythe parties:
Attachment A-Metro Dade County Affidavits
AttachmentB-State Public EntitiesCrime Affidavit
No other Agreement,oral or otherwise,regarding the subject matter of this
Agreement shall be deemed to exist or bind any of the parties hereto.If any
provision of this Agreement is held invalid or void,the remainder of this
Agreement shall not be affected thereby if such remainder would then continue to
conform to the terms and requirements of applicable law.
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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)
By:
(Signature of City Manager)
Type of Print Name
HARVEY RUVIN,CLERK
By:
Deputy Clerk
agreement:mfesoumia:tj
City of South Miami
__By:_
(Signature of CityClerk)
Type of Print Name
METROPOLITAN DADE COUNTY,FLORIDA
By:
Armando Vidal,P.E,County Manager
PAGE 8 of 9
EXHIBIT A
Mealsfor Elderly Programs
Methodist Community Center Budget Summary
January 1,1997 through December 31,1997
FOOD COST:
Reimbursement for meal cost:
120 meals perdayx 261 days x $2.25 per meal =$70,470.00
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