02-06-07 Item 6South Miami
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�� 19270 OFFICE OF THE CITY MANAGER
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INTER- OFFICE MEMORANDUM` 2001
To: The Honorable Mayor Feliu and Members of the. City Commission
Via: Yvonne S. McKinley, City Manager
From: Cesar Garcia, Director
Parks & Recreation Department
Date: January 29, 2007 Agenda Item No.:
Subject: Authorizing the City Manager to execute grant agreement extension with Miami -
Dade County Department of Human Services for the After School House Program.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FY 2007 GRANT AGREEMENT WITH
THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES
IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF $33,750 FOR
THE PROVISION OF AFTER SCHOOL PROGRAMMING AND
TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE PROGRAM;
PROVIDING AN EFFECTIVE DATE.
Request: To ratify the City Manager's action by, authorizing the City Manager to
execute fiscal year 2007 grant agreement with Miami -Dade County
Department of Human Services.
Reason /Need: Approval of the attached resolution would allow us to continue providing
much needed assistance with the After School Program to include tutoring
services and structured programming for all participants of the After School
House.
Cost: $ 33,750.00
Funding Source: Miami -Dade County Department of Human Services, Fiscal Year 2007
grant.
Backup Documentation:
❑ Proposed Resolution
❑ Revised Grant Agreement with Miami -Dade County Department of
Human Services.
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A, FISCAL YEAR - (FY) 2007 GRANT
AGREEMENT WITH THE MIAMI -DADS COUNTY DEPARTMENT OF
HUMAN SERVICES FOR A MAXIMUM AMOUNT OF $33,750 FOR
THE AFTER SCHOOL PROGRAMMING AND TUTORING SERVICES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami wish to accept FY
2007 grant funds from the Miami -Dade County Department of Human Services; and
WHEREAS, the grant will provide funds for after - school tutoring and homework assistance;
and
WHEREAS, the Mayor and City Commission authorize-the- City Manager to execute the grant
contract for FY 2007 Department of Human Services Grant with the Miami -Dade County
Department of Human Services.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City wishes to accept the FY 2007 award from the Miami -Dade County
Department of Human Services.
Section 2 That the Mayor and City Commission authorize the City Manager to execute the
FY 2007 grant contract with the Miami -Dade: County Department of Human Services.
Section 3. The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Include File Name and Path
day of 12007.
I m*e
MAYOR
COMMISSION VOTE:
Mayor Horace Feliu
Vice Mayor Randy G. Wiscombe
Commissioner Jay Beckman
Commissioner Marie Brits
Commissioner Velma Palmer
PS0607 -24
M AMII -DADE DEPARTMENT OF HUMAN SERVICES
SOCIAL SERVICES CONTRACT ��a
This Contract, made this day of , 200 by and between
Miami -Dade County, a political subdivision of the State of Florida (hereinaft referred to as
"County ")` through its Depart ment of Human Services (hereinafter referred to as `Department "),
located at 2525 NW 62nd Street, 4d' Floor, Miami, Florida 33147, and City of South L having
offices at 6310 Sunset Drive Miami FL 33143 (hereinafter referred to as 'Provider ") states
conditions and covenants for the rendering of social and/or crime prevention services (hereinafter
referred to as "Services ") for the County.
WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health
and welfare of the residents throughout the County and further provides that all functions not
otherwise specifically assigned to others under the Charter shall be performed under the supervision
of the County Manager; and
WHEREAS, the Provider provides or will develop services of value to the County and has
demonstrated an ability to provide these services; and
WHEREAS, the County is desirous of assisting the Provider in providing those services and
the Provider is desirous of providing such services; and
WHEREAS, the County has appropriated funds through Ordinances 06 -130 and 06 -131 for
the Provider for the proposed services;
WHEREAS, the County has appropriated funds to the Provider for the proposed services,
NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the parties
hereto agree as follows:
L AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $33,750. Both parties agree that should
available County funding be reduced, the amount payable under this Contract may be
proportionately reduced at the option of the County.
II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the
Scope of Services incorporated herein and attached hereto as Attachment A.
The Provider will implement the Scope of Services as described in Attachment A in a
manner deemed satisfactory to the County. Arty modification or amendment to the Scope of
Services shall not be effective until approved by the Department in writing.
III. 13UDGET SUMMARY. The Provider agrees that all expenditures or costs shall be made in
accordance with the Budget which is attached herein and incorporated hereto as Attachment B.
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The provider may shift funds between line; items not to exceed fifteen percent (15 %) of the
total budget by submission of a Budget Modification Request to the Department for approval.
Variances greater than fifteen percent (15 %) in any line item shall require prior approval and a
budget modification approved by the President or Vice President of the provider as well as the
Department. The Budget Modification shall replace Attachment B.
In no event shall the budget include a line item for indirect costs in excess of fifteen percent
(15 %) of the total budget. If the budget includes a line item for indirect costs of less than fifteen
percent (15 %), then the Provider must support such expenditure with proper documentation.
The Provider may amend the budget no more than twice during the term of this Contract. A
final budget revision must be submitted 45 days prior to the expiration of the Contract.
IV. EFFECTIVE TERM. The effective tenn of this Contract shall be from January 1, 2007
or when executed by both parties, whichever is later, to September 30, 2007.
V. INDEMNIFICATION BY PROVIDER.
A. Government Entity. Government entity shall indemnify and hold harmless the
County and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the Contract by the government entity or its employees, agents, servants, partners,
principals or subcontractors. Government entity shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the County, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification
shall only be to the extent and within the limitations of Section 768.28 Florida Stat., subject to the
provisions of the Statute whereby the government entity shall not be held liable to pay a personal
injury or property damage claim or judgment by any one person which exceeds the sum of
$100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or
judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the government entity.
B. All Other Providers. The Provider shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Contract by the Provider or its employees, agents, servants, partners principals
or subcontractors. Provider shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the County,
where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's
fees which may issue thereon. Provider expressly understands and agrees that any insurance
protection required by this Contract or otherwise provided by Provider shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
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C. Term of Indemnification. The provisions of this section or indemnification shall
survive the expiration or termination of this Contract.
VI. INSURANCE.
A. Government Entity. If the Provider is the State of Florida or agency or political
subdivision of the State as defined in Section 768.28, Florida Statutes, the Provider shall furnish to
the County, upon request, written verification of liability protection in accordance with section
768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond
that provided in section 768.28, Florida Statues.
B. All Other Providers. The Provider shall furnish to Miami -Dade County, Department
of Human Services, 2525 N.W. 62nd Street, 4th Floor, Miami, Florida 33147, Certificate(s) of
Insurance or written verification as determined by the County's Risk Management Division after
review of the Scope of Services (Attachment A). The County shall not disburse any funds until it is
provided with the necessary Certificate(s) or written verification (binders) and such documents have
been approved by Risk Management. The Certificate (s) shall indicate that insurance coverage has
been obtained which meets the requirements as outlined below:
Worker's Compensation Insurance for all employees of the Provider as required by Florida
Statute 440.
Public Liability Insurance on a comprehensive basis in an amount not less than $300,000
combined single limit per occurrence for bodily injury and property damage. Miami -Dade County
must be shown as an additional insured with respect to this coverage.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with the work, in an amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage.
Professional Liability Insurance, when applicable, in the name of the Provider in an amount
not less than $250,000.
Insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than `B" as to management, and
no less than "Class V" as to financial strength by the latest edition of
Best's Insurance Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent subject to the approval of the County
Risk Management Division.
OT'
The company must hold a valid Florida Certificate of Authority as
shown in the latest "List of All Insurance Companies Authorized to do
Business in Florida," issued by the State of Florida Department of
Insurance and must be members of the Florida Guaranty Fund.
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Certificates of Insurance shall indicate that no modification or change in insurance shall be made
without thirty (30) days written advance notice to the certificate holder.
VII. PROOF OF LICENSURE/CERTIFICATION AND BACKGROUND SCREENING.
A. Licensure. If the Provider is required by the State of Florida or Miami -Dade County
to be licensed or certified to provide the services or operate the facilities outlined in the Scope of
Services (Attachment A), the Provider shall furnish a copy of all required current licenses or
certificates. Examples of services or operations requiring such licensure or certification include but
are not limited to childcare, day care, nursing homes, boarding homes.
If the Provider fails to furnish the County with the licenses or certificates required under this
Section, the County shall not disburse arty funds until it is provided with such licenses or
certificates.
Failure to provide the licenses or certificates within sixty (60) days of execution of this Contract
may result in termination of this Contract.
B. 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 by a provider that does not have regular custodial responsibility
for children... must ensure that the owners, operators, and all personnel who have direct contact
with children are of good moral character..." In order to ensure this condition "(b) The Department
of Juvenile Justice... shall require employment screening pursuant to chapter 435, using the level 2
standards set forth in that chapter for personnel in programs for children or youths."
Pursuant to the above passages from Florida Statutes, it is required that all provider agency
personnel working directly with children must have a completed Level 1 Screening response from
the Florida Department of Law Enforcement that indicates that there has been no prior involvement
in any of the disallowed conditions, before beginning work with client youths. Level l Screenings
can be accomplished electronically on line with the Florida Department of Law Enforcement:
www. fdle.state.fl.us /CriminalHistog /. In addition, recognizing that Level 2 Screening can take
several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients.
Any employee receiving positive response /responses to any of the enumerated charges as defined in
Level 1 and Level 2 background checks must immediately cease working with children or youths.
All employee personnel files shall reflect the initiation and completion of the required background
screening checks.
From the date of execution of this contract, Provider shall furnish the County with proof that
background screening Level 1 was completed. If the Provider fails to furnish to the County proof
that background screening Level 1 was completed and Level 2 was initiated prior to working
directly with client youths, the County shall not disburse any further funds and this Contract may be
subject to termination at the discretion of the County.
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The County requires that only employees and subcontracted employees with a satisfactory
background check as described in Section 435.03(3)(a), and through an appropriate screening
agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in
direct contact with the elderly, disabled and persons with mental illness, in settings such as but not
limited to adult day care center, assisted living facilities, home equipment screening nursing homes,
home health agencies (facilities for developmentally disabled, and mental health treatment facilities.
Within 30 days of execution of this contract, Provider shall furnish the County with proof that
background screening was initiated/completed. If the Provider fails to furnish to the County proof
that background screening was initiated within 30 days of execution of this contract, the County
shall not disburse any further funds and this Contract may be subject to termination at the discretion
of the County.
VIII. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Dade
County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the
Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set
forth herein, in connection with its Contract obligations hereunder.
IX. CIVIL RIGHTS. The Provider agrees to abide by Chapter l IA of the Code of Miami-
Dade County ( "County Code "), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which
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 public accommodations because
of disability. It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the County shall have the right to terminate this Contract. It is further understood that
the Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner,_ subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts
or the County to be in violation of these Acts, the County will conduct no further business with the
Provider.
Any contract entered into based upon a false affidavit shall be voidable by the County. If the
Provider violates any of the Acts during the term of any Contract the Provider has with the County,
such Contract shall be voidable by the County, even if the Provider was not in violation at the time
it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 1IA-
60 et. seq. of the Miami -Dade County Code, which requires an employer, who in the regular course
of business has fifty (50) or more employees working in Miami -Dade County for each working day
during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its
employees. Failure to comply with this local law may be grounds for voiding or terminating this
Contract or for commencement of debarment proceedings against Provider.
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X. NOTICES. It is understood and agreed between the parties that written notice addressed to
the Department and mailed or delivered to the address appearing on page one (1) of the Contract
and written notice addressed to the Provider and mailed or delivered to the address appearing on
page one (1) of this Contract shall constitute sufficient notice to either party.
XI AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood and
intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or
employees of the County.
XII. BREACH OF CONTRACT: COUNTY ]REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if. (1) the
Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the
effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds
allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance
required by this Contract or as determined by the County's Risk Management Division; (4) the
Provider does not furnish proof of 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
refuses to allow the County access to records or refuses to allow the County to monitor, evaluate
and review the Provider's program; (8) the Provider discriminates under any of the laws outlined
in Section IX of this Contract; (9) the Provider fails to provide Domestic Violence Leave to its
employees pursuant to local law; (10) the Provider falsifies or violates the provisions of the Drug
Free Workplace Affidavit (Attachment C); (11) the Provider attempts to meet its obligations
under this contract through fraud, misrepresentation or material misstatement; (12) the Provider
fails to correct deficiencies found during a monitoring, evaluation or review within the specified
time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract
or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities;
(14) the Provider fails to submit the Certificate of Corporate Status, Board of Directors requirement
or proof of tax status; (15) fails to meet any of the terms and conditions of the Dade County
Affidavits (Attachment C) or the State Affidavit (Attachment D); or (16) the Provider fails to fulfill
in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations
in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the terms of this
Contract.
B. County Remedies. If the Provider breaches this Contract, the County may pursue
any or all of the following remedies:
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days before
the effective date of termination.
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In the event of termination, the County may: (a.) request the return of all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and
secured by the Provider with County funds under this Contract; (b) seek reimbursement of County
funds allocated to the Provider under this Contract; or (c) terminate or cancel any other contracts
entered into between the County and the Provider. The Provider shall be responsible for all direct
and indirect costs associated with such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract by
providing written notice to the Provider of such suspension and specifying the effective date
thereof, of least five (5) days before the effective date of suspension. On the effective date of
suspension the Provider must immediately cease to provide services pursuant to this Contract. All
payments to Provider as of this date shall cease. If payments are suspended, the County shall
specify in writing the actions that must be taken by the Provider as condition precedent to
resumption of payments and shall specify a reasonable date for compliance. The County may also
suspend any payments in whole or in part under any other contracts entered into between the
County and the Provider. The Provider shall be responsible for all direct and indirect costs
associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not limited
to filing an action with a court of appropriate jurisdiction. The Provider shall be responsible for all
direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations under
this Contract through fraud, misrepresentation or material misstatement, the County shall,. whenever
practicable terminate this Contract by giving written notice to the provider of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. The County may terminate or cancel any other contracts which such individual or
entity has with the County. Such individual or entity shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's fees. Any individual or
entity who attempts to meet its contractual obligations with the county through fraud,
misrepresentation or material misstatement may be disbarred from county contracting for up to five
(5) years;
6. Any other remedy available at law or equity.
C. The County Manager is authorized to terminate this Contract on behalf of the
County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved
of .liability to the County for damages sustained by the County by virtue of any breach of the
Contract, and the County may withhold any payments to the Provider until such time as the exact
amount of damages due the County is determined. The County may also pursue any remedies
available at law or equity to compensate for any damages sustained by the breach. The Provider
shall be responsible for all direct and indirect costs associated with such action, including attorney's
fees.
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XIII. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate at
least thirty (30) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on the behalf' of the County.
XIV. PAYMENT PROCEDURES. The County agrees to pay the Provider for services rendered
under this Agreement based on the payment schedule, the line item budget, or both, which are
incorporated herein and attached hereto as Attachment B. Payment shall be made in accordance
with procedures outlined below in the Department's General Procedures Manual and if applicable,
the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40).
A. Reimbursement and Advances. The parties agree that this is a cost -basis Agreement
and that the Provider shall be paid through reimbursement payment based on the budget approved
under this Agreement (See Attachment B) and when documentation of service delivery is provided.
An advance up to the total amount payable under this Agreement may be paid to the Provider in one
lump sum payment. An advance of up to twenty -five percent (25 %) of the total amount payable
under this Agreement may be paid to the Provider if approved in writing by the Department. An
advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing
by the County Manager.
The Provider's request for advance payment must be submitted in writing and must specify
the reasons and justifications for such advance payment. It need not be accompanied by a detailed
expenditure report. The County shall have the sole discretion in choosing whether or not to provide
any advance payments and is not obligated to do so under any circumstances.
A Provider shall limit its request for an advance to once during the term of this Agreement.
If a Provider needs an additional advance for good cause shown it shall request it in writing from
the County Manager.
B. No Payment of Subcontractors. In no event shall County funds be advanced directly
to any subcontractor hereunder.
C. Requests for PH me The County agrees to pay all budgeted costs incurred by
the Provider which are allowable under the County guidelines. In order to receive payment for
allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a
Monthly Performance Report on forms provided by the Department. The Department must receive
the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than
the 15th day of the month following the month for in which services were provided. The Monthly
Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month
services were rendered and documented in the Monthly Performance Report. Upon submission of
satisfactory required monthly reports, the Department shall make payment.
The County will not approve payments for in -kind or volunteer services provided by the
Provider on behalf of the project. The Department, shall accept originals of invoices, receipts and
other evidence of indebtedness as proof of expenditure. When original documents cannot be
produced, the Provider must adequately justify their absence in writing and furnish copies as proof
of the expenditures.
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D. Processing the Request for Payment. After the Department reviews and approves the
payment request, the Department will submit a check request to the County's Finance Department.
The County's Finance Department will issue and mail the check directly to the Provider at the
address listed on page one (1) of this Agreement, unless otherwise directed by the Provider in
writing. The parties agree that the processing of a payment request from date of submission shall
take a minimum of thirty (30) days from receipt„ if support documentation/invoices are properly
documented. It is the responsibility of the Provider to maintain sufficient financial resources to
meet the expenses incurred during the period between the provision of services and payment by the
County.
Failure to submit monthly reimbursement requests in a manner deemed correct and
acceptable by the County, by the 15th day of each month following the month in which the service
was delivered, shall be considered a breach of this agreement and may result in termination of this
Agreement.
E. Final Request for PMLrnent. A final request for payment from the Provider will be
accepted by the Department up to forty -five (45) days after the expiration of this Agreement. If the
Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment
may include accruals of the personnel costs listed in Attachment B which the Provider is obligated
to pay after the close of the period for services provided within the term of the Agreement.
F. Closeout Report/Recapture of Funds. Upon the expiration of this Contract, the
Provider shall submit a Closeout Report to the Department no more than forty -five (45) days after
the expiration of this Contract. This report shall include a cumulative year -end summary of
Provider's performance and fiscal expenditures. If after receipt of this Closeout Report, the
Department determines that the Provider has been paid funds not in accordance with the Contract,
and to which it is not entitled, the Provider shall return such funds to the County or submit
appropriate documentation. The County shall have the sole discretion in determining if the Provider
is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any
unexpended or unallocated funds shall be recaptured by the County.
G. DHS Contract Management Manual. All requests for payment will be, processed
pursuant to the Department's General Procedures Manual. The Department will provide a copy of
this Manual to Provider.
XV. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents, instrumentalities,
employees or officials. The Provider shall not utilize County funds to provide legal representation,
advice or counsel to any client in any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials.
B. Religious Purposes. County fluids shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under this
Contract with funds received from any other funding sources.
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XVI. RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW.
A. Certificate of Corporate Status. The provider must submit to the Department, within
thirty (30) days from the date of execution of this Contract, a certificate of status in the name of the
provider, which certifies the following: that the provider is organized under the laws of the State of
Florida; that all fees and penalties have been paid. that the providers most recent annual report has
been filed; that its status is active; and that the provider has not filed an Article of Dissolution.
B. Board of Director Requirements. The Provider shall insure that the Board of
Directors is apprised of the fiscal, administrative and contractual obligations of the project funded
through the County by passage of a formal resolution authorizing execution of the Contract with the
County. Failure to provide a copy of the resolution within 15 days of execution of this contract may
result in termination of this Contract.
C. Proof of Tax Status. The Provider is required to submit to the County the following
documentation: (a) The I.R.S. tax exempt status determination letter; (b) the most recent I.R.S.
form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal
year end; (d) IRS 941 - Quarterly Federal Tax Return Reports within thirty -five (35) days after the
quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty
(60) days after the quarter ends.
D. Accounting Records. The Provider shall keep accounting records which conform
with generally accepted accounting principles. All such records will be retained by the Provider for
not less than five (5) years beyond the term of this Contract.
E. Financial Audit. If the Provider has or is required to have an annual certified public
accountant's opinion and related financial statements, the Provider agrees to provide these
documents to the Department no later than one hundred eighty (180) calendar days following the
end of the Provider's fiscal year, for each year during which this Contract remains in force or until
all funds earned from this Contract have been so audited, whichever is later.
F. Access to Records: Audit. The County reserves the right to require the Provider to
submit to an audit by an auditor of the County's choosing. The Provider shall provide access to all
of its records which relate to this Contract at its place of business during regular business hours.
The Provider agrees to provide such assistance as may be necessary to facilitate their review or
audit by the County to insure compliance with applicable accounting and financial standards. The
:Provider agrees to maintain supporting documentation for all services provided under this Contract
and shall submit such supporting documentation to the County upon request.
G. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of Inspector General which is empowered to perform random audits on all
County contracts throughout the duration of each contract. Grant recipients are exempt from paying
the cost of the audit which is normally' /4 of 1 % of the total contract amount.
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The Miami -Dade County Inspector General is authorized and empowered to review past, present
and proposed County and Public Health Trust programs, contracts, transactions, accounts, records
and programs. In addition, the Inspector General has the power to subpoena witnesses, administer
oaths, require the production of records and monitor existing projects and programs.
Monitoring of an existing project or program may include a report concerning whether the project is
on time, within budget and in compliance with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of proposed
change orders to the Contract. The Inspector General is empowered to retain the services of
independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process including but not limited to
project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents
and employees, lobbyists, County staff and elected officials to ensure compliance with contract
specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector General or Independent
Private Sector Inspector General (IPSIG) retained by the Inspector General, the Provider shall make
all requested records and documents available to the Inspector General or IPSIG for inspection and
copying.
The Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General's or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original
estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful
subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial
documents, construction documents, proposal and contract documents, back - charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,
or dividends received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontractors and all other Contracts executed by the Provider in connection with the performance
of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
H. Independent Private Sector Inspector General Reviews. Pursuant to Miami -Dade
County Administrative Order 3 -20, the Provider is aware that the County has the right to retain the
services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the County deems
it appropriate to do so. Upon written notice from the County, the Provider shall make available to
the IPSIG retained by the County, all requested records and documentation pertaining to this
Contract for inspection and copying. The County shall be responsible for the payment of these
IPSIG services, and under no circumstance shall the Provider's budget and any changes thereto
approved by the County, be inclusive of any charges relating to these IPSIG services.
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The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any independent
right of the County to conduct an audit or investigate the operations, activities and performance of
the Provider in connection with this Contract. The terms of this Section shall not impose any
liability on the County by the Provider or any third party.
L Progress Reports. The Provider shall furnish the Department with written monthly
progress reports (Attachment F) on the achievement of its goals as outlined in its Scope of Services.
The reports shall explain the Providers progress for that month. The data should be quantified when
appropriate. Said reports are due by the 15th day of the month following the end of each month.
The final progress report shall be due forty -five (415) days after the expiration or termination of this
Agreement.
J. Monitoring: Management Evaluation and Performance Review. This section shall
pertain only to Providers whose funding allocation under this Contract is more than $10,000 or
whose funding allocation becomes more than $10,000 during the term of this Contract.
The Provider agrees to permit County personnel to perform random scheduled monitoring, reviews
and evaluations of the program which is the subject of this Contract. The Department shall monitor
both fiscal and programmatic compliance with all the terms and conditions of the Contract.
The Provider shall permit the Department to conduct site visits, client assessment surveys, and other
techniques deemed reasonably necessary to fulfill the monitoring function. A report of the
Department's findings will be delivered to the Provider and the Provider will rectify all deficiencies
cited within the period of time specified in the report. If such deficiencies are not corrected within
the specified time, the County may suspend payments or terminate this Contract. The Department
shall conduct one or more formal management evaluation and performance reviews of the Provider.
Continuation of this Contract or future funding is dependent upon satisfactory evaluation
conclusions.
The Provider agrees that all monitoring reports completed by the Department shall be made
available to the Alliance for Human Services and its members/partners.
K. Client Records. The Provider shall maintain a separate individual case file for each
client/family served. This case file shall include all pertinent information regarding case activity.
At a minimum, the case file will contain referral and intake information, treatment plans, and case
notes documenting the dates services were provided and the kind of service provided. These files
shall be subject to the audit and inspection requireinents under Article XVI Section F, G, H and J of
this Contract.
L Health Insurance Portability and Accountability. Any person or entity that
performs or assists Miami -Dade County with a function or activity involving the use or disclosure
of individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and
the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy,
security and electronic transfer standards, that include but are not limited to:
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1. Use of information only for performing services required by the contract or as
required by law;
2. Use of appropriate safeguards to prevent non - permitted disclosures;
3. Reporting to Miami -Dade County of any non - permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Bidder/Proposer and reasonable assurances that
IIHP/PHI will be held confidential;
5. Making Protected health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment; and incorporating
any amendments requested by the customer;
7. Making PHI available to Miami -Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PHI available to Miami -Dade
County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Bidder/Proposer must give its customers written
notice of its privacy information practices including specifically, a description of the types of uses
and disclosures that would be made with protected health information.
M. Disaster Plan/Continuity of Operations Plan (COOP). The Provider shall submit to
the Department an Agency Disaster Plan/COOP by April 1St of each contract year. If the Provider
does not have a COOP Plan currently with the Department (submitted within the past year) it must
submit a COOP Plan within 30 days of execution of this Contract. The Plan should be updated
annually. At a minimum, the Plan should describe how the Provider establishes and maintains an
effective response to emergencies and disasters, and must comply with any Emergency
Management related Florida Statutes applicable to the Provider. The Disaster Plan is subject to
review and approval of the County.
XVII. SUBCONTRACTORS AND ASSIGNMENTS.
A. Subcontracts. The parties agree that no assignment or subcontract will be made or
let in connection with this Contract without the prior written approval of the Department, which
shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the
terms and conditions of this Contract.
B. If this Contract involves the expenditure of $100,000 or more by the County and the
Provider intends to use subcontractors to provide the services listed in the Scope of Service
(Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the
subcontractors and suppliers on the form attached as Attachment E. Provider agrees that it will not
change or substitute subcontractors or suppliers from those listed in Attachment E without prior
written approval of the County.
XVIII. MISCELLANEOUS.
A. Out of Town Travel. Costs for out -of- -town travel are allowable, if they are useful
for the administering of program activities. All travel must be approved through DHS Contract
Management Division two weeks prior to date travel is to be taken and pursuant to the provisions
outlined in the Contract Management Manual.
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B. Petty. Community Based Organizations who establish a petty cash fund must
maintain detailed support documentation in accordance with the provisions outlined in the Contract
Management Manual.
C. Publicity. It is understood and agreed between the parties hereto that this Provider is
funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that
events funded by this Contract shall recognize the County as a funding source. The Provider shall
ensure that all publicity, public relations, advertisements and signs recognizes the County for the
support of all contracted activities.
This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones,
dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery.
The use of the 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
County is its funding source.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade County, Florida.
E. 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 of this Contract.
The County and Provider mutually agree that modification of the Scope of Services
schedule of payments, billing and cash payment procedures, set forth herein and other such
revisions may be negotiated as a written amendment to this Contract between the parties.
The County Manager is authorized to make modifications to this Contract as described
herein on behalf of the County.
The Office of the Inspector General shall have the power to analyze the need for, and the
reasonableness of proposed change orders.
F. Counterparts. This Contract is signed in five 5 counterparts, and each counterpart
shall constitute an original of this Contracts
G. Headings, Use of Singular and Gender. Paragraph headings are for convenience
only and are not intended to expand or restrict the scope or substance of the provisions of this
Contract. Wherever used herein, the singular shall include the plural and plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as the context requires.
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H. Totality of Contract/Severability oil Provisions. This sixteen (16) page Contract with
it recitals on the first page of the Contract and with its attachments as referenced below contain all
the terms and conditions agreed upon by the parties:
Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Payment Request
Attachment D: Miami -Dade County Affidavits
Attachment D 1: Code of Business Ethics
Attachment D2: Miami -Dade County Debarment Disclosure Affidavit
Attachment E: State Public Entities Crime Affidavit
Attachment F: Progress Report
Attachment G: List of Subcontractors and Suppliers
Attachment H: Living Wage Requirement
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed
to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void,
the remainder of this Contract shall not be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
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i
Control #PS0607 -24
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their
respective and duly authorized officers as of the day and year first above written.
(SEAL)
ATTEST:
AGENCY
By: _ By:
(Signature of Authorized Representative) (Signature of Authorized Representative)
Type or Print Name Type or Print Name
Witnesses:
By: _ By:
Signature Signature
Type or Print Name Type or Print Name
i
k
ATTEST:
HARVEY RUVIN, CLERK MIAMI -DADS COUNTY, FLORIDA
By. By:
DEPUTY CLERK GEORGE M. BURGESS
COUNTY MANAGER
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ATTACHA'IENT A
MIAMI -DARE DEPARTMENT OF HUMAN SERVICES
CONTRACT MANAGEMENT DIVISION
AGREEMENT PROGRAM NARRATIVE
SECTION I: GENERAL
Name of Organization:
Address:
Phone Number: Fax Number:
Contact Person:
Agreement Amount: _ Agreement Period:
SECTION H: NARRATIVE
Describe the organization's goal:
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Describe how those services meet County government mandates:
SECTION III: PROFILE OF SERVICES
Workload measures (detail type of service and number °of clients to be served in each category of
service):
Unit Cost (Detail unit cost for service):
2 of4
SECTION IV: STATEMENT OF OBJECT TS (objectives must be measurable, and specific. Please
quantify and note timeframe for completion of each objective).
SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES
Describe how your organization plans to raise additional funds or in -king contributions:
Describe how your organization will do outreach ,and public awareness:
SECTION VI: PERSONNEL
Submit an organizational chart and identify any positions that are funded in total or in part (state
percentages) by Miami -Dade County.
Submit job descriptions for each position totally or partially 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.
Signature and Title of Person Completing Fora
Print Name Telephone Number
Print Title
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ATTACHMENT D
DEPARTMENT OF HUMAN SERVICES
CONTRACT MANAGEMENT DIVISION
MIAMI -DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "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
blank spaces must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DARE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; N 1AMI-DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADS 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. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
I, , being first duly sworn state:
Ailiant
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):
Federal Employer Identification Number (If none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (if same as above, leave blank)
Street Address City State Zip Code
I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the 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 or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
10J °S rev 11106
Full Legal Name Address Ownership
2. 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 (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any 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.
H. 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 of ten 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?
_ Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your firm's
work force and ownership
as to race, national origin and gender:
White: Males
Females Asian:
Males
Females
Black: Males
Females American Indian:
Males
Females
Hispanics: Males
Females Aleut (Eskimo):
Males
Females
Males
Females:
Males
Females
III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.)
In accordance with 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: i) 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
in 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
The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5,000,000.
The firm does have annual revenues i i excess of $5,000,000; however, its Board of Directors is
representative of the population make -up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 NW, 1st Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. I" Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
IV. 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
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No.. 92 -115 of the Code of Miami -Dade County, Florida, the above
named person or entity is providing a drug -free workplace. A written statement to each employee
shall inform the employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug -free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
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VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142 -91 codified as Section 11 A -29 et. seq of the County Code)
That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub.. L. 101 -336, 104 Stat 327, 42 U.S.C.
12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title I1, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain 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.
VIII. MIAMI -DADS COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2- 8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes — including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS .AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrinnentalities.
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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 ° /a) of the firm's work force 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 of the 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
organizations or recipients of grant awards.
XI. DOMESTIC VIOLENCE LEAVE (Resolution 155 -00 99 -5 Codified At I IA-60 Et. Seq. of the
T 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 1IA-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business 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
that do not pertain to this contract.
By: - - - —
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200_ by . He/She is personally
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number).
(Print or Stamp of Notary) (Expiration Date)
Notary Public - Stamp State of
(State) —
5 of
Notary Seal
ATTACHMENT Dl
Form A-12
Code of Business
In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami -Dade
County shall adopt the Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics as
follows:
The Miami Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business
climate for its members and the community by ,adopting a Code of Business Ethics. Miami -Dade
County /Greater Miami Chamber of Commerce encourages its members to incorporate the principles and
practices outlined here in their individual codes of ethics, which will guide their relationships with customers,
clients and suppliers. This Model Code can and should be prominently displayed at all business locations and
may be incorporated into marketing materials. Miami Dade C my /Greater Miami Chamber of Commerce
believes that its members should use this Code as a model for the development of their organizations' business
codes of ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect for the
importance of ethical business standards in the community. Miami -Dade County /Greater Miami Chamber of
Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and
professional organization.
By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to
comply with the principles of Miami -Dade County /Greater Miami Chamber of Commerce Code of
Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the
difference(s) on a separate documents attached to Form A -12.
Compliance with Government Rules and Regulations
• We the undersigned Proposer will properly maintain all records and post all licenses and certificates in
prominent places easily seen by our employees and customers;
• In dealing with government agencies and employees, we will conduct business in accordance with all
applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate law
enforcement authorities.
Recruitment- and Compensation of Contractors Consulting Vendors and Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back
any portion of a contract payment to employees of the other contracting party or accept such kickback.
Business Accounting
• All our financial transactions will be properly and fairly recorded in appropriate books of account, and
there will be no "off the books" transactions or secret accounts.
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Promotion and Sales of Products and Services
• Our products will comply with all applicable safety and quality standards;
•
Wet
he undersigned Proposer will promote and advertise our business and its products or services in a
manner that is not misleading and does not falsely disparage our competitors.
• We, the undersigned Proposer will conduct business with government agencies and employees in a
manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are
unacceptable;
• Our proposal will be competitive, appropriate to the request for Proposals/qualifications documents
and arrived at independently;
• Any changes to contracts awarded will have a substantive basis and not be pursued merely because we
are the successful Proposer.
• We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at
the price and under the terms provided for in the contract.' We will not submit inflated invoices for
goods provided or services performed under such contracts, and claims will be made only for work
actually performed. We will abide by all contracting and subcontracting regulations.
• We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, their family members or business
associates.
• We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our
participation in political campaigns.
Public Life and Political Campaigns
• We, the undersigned Proposer encourage all employees to participate in community life, public
services and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and
qualified public officials and engage them in dialogue and debate about business and community
issues to the extent permitted by law.
• Our contributions to political parties, committees or individuals will be made only in accordance with
applicable laws and will comply with all requirements for public disclosure. All contributions made
on behalf of the business must be reported to senior company management;
• We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted
felons or those who do not sign the Fair Campaign Practices Ordinance.
• We, the undersigned Proposer will know knowingly disseminate false campaign information or
support those who do.
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Pass through Rolkemeirts
• This Code prohibits pass -&=& payments whereby the prime firm requires that the MBE firm
accts payments as an MBE and passes through those payments to another entity
Renal Space Fninment and Staff Requirements or Flat Overhead Fee Reauiremeirts
• This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat
overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment
and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment,
secretary, etc.
MBE Staff Utilization
• This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE participation is purported, the contract shall specify
essential terms including, but no limited to, a specific statement regarding the percent of participation planned
for MBEs, the timing of payments and when the work its to be performed.
By. , 20
Signature of Affiant Date
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this _ day of 20
By He/She is personally known to me or has presented
Aff-iant —
as identification.
Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public — State of _ Nom' Seal
i
3 of 3
Attachment D2
MIAMI -DARE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93 -129, Section 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami -Dade County.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed;) before me this day of
200_ by He /She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary)
Notary Public — Stamp State of
(State)
5101
(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 MWIEi?ade„ County
by
(print individual's name and title)
for
(print Name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is
If the entity has no 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 (1)(g), 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, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (i)(b), ftrida
means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result 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(i)(a), Florida. futures, means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The teen "Miliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of ijuipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie can that one person
controls anther person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida daring the preceding 36 months shall be
considered an affiliate.
1 of 2
S. I understand that a 'person" as defm' ed in Paragraph 287.133(1)(c), .Florida Statutes, means any
natural person or entity organized under the ]laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
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.)
_.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 has been charged with and convicted of a public entity crime
subsequent toJaly 1, 1989.
The entity submitting this sworn statement, or one or 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 has been 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 to place 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 FI.OAWA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20,
Personally known _
OR Produced Identification Notary Public - State of
_..._..._ My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
2 of
ATTACHMENT F
DEPARTMENT OF HUMAN SERVICES
CONTRACT MANAGEMENT DIVISION
MONTHLY PROGRESS REPORT
FY 2007
AGENCY'S NAME
NAME AND TITLE OF PERSON COMPLETING THIS REPORT
PLEASE CHECK THE :REPORTING PERIOD
❑ January 2007 ❑ June 2007
❑ February 2007 ❑ July 2007
❑ March 2007 ❑ August 2007
❑ April 2007 ❑ September 2007
❑ May 2007
❑ FINAL REPORT -
NUMBER OF NEW CLIENTS SERVED THIS MONTH
UMMARIZE PROGRAM OBJECTIVES /GOALS ACCOMPLISHED THIS MONT
(This section cannot be left blank — please list each objective and hours of service delivery)
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EPORT ON PROGRAMMATIC PROBLEMS ENCOUNTERED THIS MONTH:
section cannot be left
IS YOUR AGENCY PLANNING TO DO A BUDGET MODIFICATION DURING THIS
MONTH: YES NO
COMMENTS:
Date Submitted Authorized Signature and Title
2 of2
ATTACHMENT G
MIAMI -DARE DEPARTMENT OF HUMAN SERVICES
CONTRACT MANAGEMENT DIVISION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97 -104)
Name of Organization: Address:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97 -144, the Community Based Organization must
submit the list of first their subcontractors or sub- consultants who will perform any part of the ScoM o
Services Work, if this Agreement is for $100,000 or more_
The Community Based Organization must complete this information. If the Community Based
Organization will not utilize subcontractors, then the Community Based Organization must state "No
subcontractors will be used"; do not state
NAME OF SUBCONTRACTOR ORSUB - CONSULTANT ADDRESS Crrx AND STATE
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami- -Dade County Ordinance 97-104, the Community Based Organization must
submit a list of suppliers who will supply materials for the Scope of Services to the Community Based
Organization, if this Contract Agreement is $100,000 or more.
The Community Based Organization must fill out this information. If the Community Based
Organization will not use suppliers, the Community Based Organization must state "No suppliers will be
used", do not state "NW.
NAME PF SUPPLIER ADDREE SS QUA" STATE
I hereby certify that the foregowg wfWw&a ` x is try eonva and eonrWen•
Signature of -4uthoKzed ReprewWabi*:
Tide: Date:
Firm Nam: Fed ID No,
Address: City, /Stateope
Telephone: ) Far(_ E-mail:
ATTACHMENT H
LIV IM rrrwa- ..�. •• --- - - -
Effective November 11, 1999 the provisions of Miami -Dade County O�nanoes
Section 2-8.9 of the Code of Miami -Dade County shalt apply to all service
involving the expenditure of over $100,®00 per year for `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
(iii) routine maintenance services such as custodial, cleaning, refuse removal,
repair, refinishing and recycling
(iv) clerical or other non - supervisory office work, whether temporary or permanent
(v) transportation and parking services, including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and/or agricultural services.
In accordance with Miami -Dade County Ordinance 99-44, all Service Contractors entering
into a contract with Miami -Dade County to provide Covered Services as described above
shall pay to all of its employees providing such Covered Services to the County a Living
Wage of no less than $8.56 per hour plus Health Insurance as described in the
aforementioned ordinance, or $9.81 per hour without Health Insurance.
Such Health Benefits shall consist of payment of at least $1.25 per hour towards the
provision of health care benefits for employees and their dependents. Proof of the
provision of Health Insurance must be submitted to the County to qualify for the wage rate
for employees with health benefits. The Service Contractor shall also agree to produce all
documents and records relating to payroll and compliance with this Ordinance prior to
award of a contract as a result of this solicitation upon request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County
has the right to sanction the Service Contractor to include but not limited to termination,
fine and suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the
successful proposer such as record keeping, posting and reporting. Upon the award of
this contract, the successful proposer must be prepared to comply with these requirements
as outlined in Ordinance 99-44.
5/01
I of 2
FORM A 11
WkW DADE COUNTY, FLORIDA
MIAMI -DARE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2 -8.9 of the Miami -Dade County Code)
Solicitation No.:
Title:
L , being first duly sworn hereby state and
certify that in compliance with Miamr -Dade County Ordinance 99-44 and Section 2 -8.9 of the Miami -Dade
County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage
required by Miami -Dade County Ordinance 9944 to all employees assigned to this contract. The bidder or
proposer further understands that the current living wage applied to this contract is $8.56 per hour plus health
benefits as described in the ordinance, or $9.81 per hour without health benefits.
By:
Signature of Affiant
Date
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
by
Affiant
Type of Identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public - State of
Rev. 1120100
20
20�
He/She is personally known to me or has presented
as identification.
2 of 2
Serial Number
Expiration Date
Notary Seal