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04-03-07 Item 15South Miami M- America CAD CITY OF SOUTH MIAMI I I I INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor Feliu, and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Cesar Garcia, Director Parks & Recreation Department Date: April 3, 2007 Agenda Item No. :150* Subject: Authorizing City Manager to Execute a Contract with Construction Catering, Inc. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN THE AMOUN OF $23,000 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114 - 2041 -572 -3450; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute an agreement with Construction Catering, Inc., for the delivery of weekend meals to senior residents in South Miami. Reason/Need: The City of South Miami has been awarded a grant in the amount of $23,000.00 from the Miami Dade County Department of Human Services to provide weekend meals to South Miami senior residents. In order to provide this service as efficiently and effectively as possible, it would be in the City's best interest to contract with an experienced food catering service to prepare and deliver the meals. Cost: The attached resolution would allow the City Manager to execute a service agreement with Construction Catering, Inc., a qualified Miami -Dade County vendor (Dade County Bid No2365- 4/09), which is valid until 3/20/08. The service agreement allows for Construction Catering, Inc., to provide three meals per weekend to approximately 175 seniors per week. Not to exceed $23,000.00 Funding Source: Funding for this purchase is included in the current Fiscal Year budget in the Department of Human Services Social Services 23 K — Senior Meals Program account number 114 - 2041.- 572 -3450, with a current balance of $23,000.00. Backup Documentation: 0 Proposed Resolution 0 Copy of 2006 -2007 Meals Resolution with the County Copy of Construction Catering, Inc., Service Agreement & Proof of Insurance Documentation Q Copy of other acquired non - awarded bids South Miami NI- Amedca Ciy CITY OF SOUTH MIAMI III F INTER - OFFICE MEMOIRANDUM It 2001 To: Honorable Mayor Feliu, and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Cesar Garcia, Director Parks & Recreation Department Date: April 3, 2007 Agenda Item No. Subject: Authorizing City Manager to Execute a Contract with Construction Catering, Inc. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN THE AMOUN OF $23,000 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114 - 2041 -572 -3450; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute an agreement with Construction Catering, Inc., for the delivery of weekend meals to senior residents in South Miami. Reason/Need: The City of South Miami has been awarded a grant in the amount of $23,000.00 from the Miami Dade County Department of Human Services to provide weekend meals to South Miami senior residents. In order to provide this service as efficiently and effectively as possible, it would be in the City's best interest to contract with an experienced food catering service to prepare and deliver the meals. Cost: The attached resolution would allow the City Manager to execute a service agreement with Construction Catering, Inc., a qualified Miami -Dade County vendor (Dade County Bid No2365- 4/09), which is valid until 3/20/08. The service agreement allows for Construction Catering, Inc., to provide three meals per weekend to approximately 175 seniors per week. Not to exceed $23,000.00 Funding Source: Funding for this purchase is included in the current Fiscal Year budget in the Department of Human Services Social Services 23 K — Senior Meals Program account number 114 - 2041 - 572 -3450, with a current balance of $23,000.00. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC., IN THE AMOUNT NOT TO EXCEED $23.000.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM ACCOUNT NUMBER 114 - 2041 - 572 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has received a grant from the Miami -Dade County Department of Human Services for the purpose of providing additional weekend meals to South Miami senior residents; and WHEREAS, Construction Catering, Inc., is a Miami -Dade County approved vendor which currently provides food service for several senior centers across the County, including the South Miami Senior Center; and WHEREAS, Construction Catering, Inc., will provide the weekend meal delivery service for an amount not to exceed $23,000.00. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the City Manager is authorized to execute a contract with Construction Catering, Inc., for the provision of weekend meal delivery service for South Miami senior residents. Section 2. Payment in an amount not to exceed $23,000.00 is charged to the Department of Human Services 23K – Senior Meals Program account number 114- 2041 - 572 -3450, with a current balance of $23,000.00. Section 3. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of , 2007. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: IV F&I ........ • 0—I 1 APPROVED: MAYOR Commission Vote: Mayor: Horace Feliu Vice Mayor Randy Wiscombe Commissioner: Marie Birts Commissioner : Jay Beckman Commissioner: Velma Palmer 7 Y CONTRACT AWARD SHEET MIAMI•DADE ) EPARTMENT OF PROCUREMENT MANAGEMENT 0 BIDS AND CONTRACTS DIVISION BPO: ABCW0700672 BID NO.: 2365- 4/09 -2 Previous Bid No.: 2365- 4/09 -1 TITLE: FOOD CATERING SERVICES /CAA'S SPONSORED ELDERLY PROGRAM COMMODITY CODE NO.: 961 -15 OTR YEARS: 4 LIVING WAGE APPLIES: [-]YES ® NO CONTRACT PERIOD: March 21, 2007 through March 20, 2008 AWARD BASED ON MEASURES: ❑ YES ® I\f0 ® SR.PROCUREMENT AGENT: Sherry Clentscale, CPPB PHONE: 305- 375 -3900 ❑ Set Aside ❑ Bid Preference Goal ❑ BBE ❑ HBE ❑ WBE Owned Firms ❑ Local Preference ❑ CSBE Level ❑ Prevailing Wages (Reso. 90 -143) ❑ Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 591275454 VENDOR: CONSTRUCTION CATERING, INC. STREET: 2472 NW 21 TERRACE CITY /STATE /ZIP: MIAMI, FL 33142 F.O.B. TERMS: DESTINATION PAYMENT TERMS: NET 30 DAYS DELIVERY:. AS REQUIRED TOLL FREE PHONE # N/A PHONE: 305- 633 -5668 FAX: 305- 633 -1489 E -MAIL: gstinfil @aol.com CONTACT PERSON: GUSTAVE ESTANFIL DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 1 PART #2: ITEMS AWARDED GROUP I -MEALS I Lunch Meal with Milk 952.74 GROUP II -GIFT PACKS 1. Gift Wrapped Fruit Packs $4.53 2. Canned Pack of Decorated Cookies $3.32 GROUP III - EMERGENCY HURRICANE MEALS 1. Emergency Meal - Box 1 $4.56 2. Emergency Meal - Box 2 $4.56 3. Emergency Meal — Box 3 $4.56 4. Emergency Meal — Box 4 $4.56 5. Emergency Meal - Box 5 $4.56 PART #3: AWARD INFORMATION ❑ BCC ❑ DPM AWARD DATE: 2/15/06 AGENDA ITEM #: N/A BIDS & CONTRACTS RELEASE DATE: 3/21/06 OTR YEAR: 2 of 4 ADDITIONAL ITEMS ALLOWED: No SPECIAL CONDITIONS: TOTAL CONTRACT VALUE: $ 831,000.00 USER DEPARTMENT(S) DOLLAR ALLOCATED CAA $ 831,000.00 DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION . 2 Mar -28 -2001 DI :47am from -MIAMI 'DADE HOUSING SITE W 306 G86 "7040 T -855 P•001/001 F -621 w'.W'n ..x... -W Va. t +• is t eat trop w' sao-► xYm.■ A t trtw t e atw CONSTRU 1 aUULO6 RaDpGEH �� — THIS CERTIFICATE 18 WSUED AS A MATTER OF INFoFtI9 A*WN ONLY AND CONFERS NO RIOWS UPON THE CERTIPICA`CI ORR s S Rvrxo s :u4s Cz HOLDER, THIS CERTIFICATE ROES NOT AA98NI1, EXTt"IVt3 OR x.4821 South Dixie Highway ALTEk THE COVERAGE AFFORpEb BY THi? POLICIES BELOW. MIAMI D% 33176 -7828 Ehon ; 305 - 238 -1000 rax ; 305 -°256 -9643 INBURERS AFFORDING COVERAGE NAIL 9 _. _.�..�.:_ -poop: , ..,_...._,.,.__.....,....,...., INSURt149 Allstate Insurah00 Ccsxtt�o 19232 INSURCRS1 Colony lnaural cp Com)My Cor�atructa,on terinq, Inc M Gust inc INSURMC. 12 �Ta West 21 Tarracso - xiazBa. A 33142 INSUR na: .. , -. 1 _._.. .. ..._.. �. _._ _ ... _ poop. _ .»,.,....._.... - 7tvt3UttGR ln; rctv�aart`s 1HL' POLiCIR3 OF INSURANCE LISTbO 09LOW HAVE bECN t$SUEO TO THE INSUmb NATOW AGOVS Fat't 1W POLICY PERIOD INOICAUD. NCTWITiiSTANCING ANY RIKIL11REMENT, TERM aiq coNDITIQN OF ANY CONTRACTOR OTHER }7aCUt+ W W N REOPEN Y0 vWHIC11I T+IIS CERTIFICATE MAYBE IJ6UGD OR MAY PARTAIN, THE INSURANCE AVYUROZO MY THE POLICIES DESCRIBED HERAIN (B 8U 207 TCALL TW 71RMA. EXCLUSIONS AND 0ONUITIOW or Kullrl 1'0LI+;tC3- AGGREGKI`E LIMITS SHOWN MAY HAVE >DOGN REDUCED UY PAIO CLAW. poop;. ........... .:...,..,��.�..,.- �p .,._..,,- _.. "r..:.... .......,.....,,.. ILTR NSR TYPEOFiNSURANCE POLICYNU110191i DA�TE(MMIDOrY� tiAt MNtIDRRtYY - LIMITS ©ENERAt- LIABILI3Y EACH OCCURREN:E 61 00113 '000 i3 �C COMMERCIALGENRRALLIAAUTY AP,4960113 08116106 08/16/47 DAMAQ T jREitREU NKEMiHES�Cakacasunwt st 0 04 _ CLAIMS MAID& =1 OCCUR mED I:XP (My yna ar6N1} 3 Fa7cG"� LiClE3t� • PER_SONALKAbVttJJURY 911000000 . _ GENERALAUGtiEtaAf6;.. &2�OD0,000 AC,fiREGATE LIMIT APPLIES PER: OWL <a3gOI7U4T5 Com.yvoPAr30 POLICY pm, o l.nC AUT0410DILELIABILITY CONSINED BOW! LIMI'P 31000000 . A X _ ANY AUTO 048842041 00/16/019 08/16/07 {cfiaccidc�r {} - - ALL OWNED AUTOS BODILY INJURY � -- 0C11EDI1LED ALffOd's ilxQ personl _.. - w. IiIREn aUTOE aDOILY tN.lttRY a NaN•DWRr6nUroS {Pottt.tl� ant} PROPERTY DAMAGE � {1�ar su,tdaa} GARAr3R;LIAB LITY _. AUTO ONLY • CA A0011* 114T v -3 •. ANY AUTO t7rtlCR �N CA AC C AUTO U .....:.". At)0 9 EXCPSWUMBREl_LA LIABILITY' EACH OCGUkR tSc & OCCUR � � CLAIMS MADE AGGkLeaATE 3 d�bllP.1Y11LE E' WORKERS COMPENSATION AND 1 pRY� yt�ITs ER EMPL1uY &R5' L[AUILITY m _l ILL. EtiCt 1 ACC }pC(df _ " 5' ANY 0ROF- 9fei'URfPARTNMC- XLCUfIVP - OFFWERW EWER 2)(CLUOU07 (E.L.oiStAfiG- _EAI'MPLOY @E 9 It yga. iite�itilm trrtltf z' ;ECtAL PROV +BiONN bw,, poop__ �.�..,...�.... Got rD16VAOF.;- FQtICY LIMIT 3 Ot?Mfi', D'SCRI[FRON OB OPERATIONS IL oATION5 f WRICLEA I "CLUSIGNS ADpkD BY ENDOWMENT' (SPECIAL PROVISIONS CATZRZR9 ;CXCZ,ODXXry WAREHOUSE AS INCIDEN12AL TO CATERING CERTIFICATE' HOLDER CANCELLATION _ CITYSOU 81401JL I? AIJYOFTHEASOVEt)gSGRIPEDPO UCI ESSUCANOFcL EDnrrDRETHc16WiRATj0N Dxra 7'HEREap, THP IE3UING INEUtiEB WILL ENORAVDR 70 MAIL 10 DAYS wR1't1'm NOICE TO TR CERTIFICAT : MDLDP.A NAW10 TO THE LE[IhT, BUT FAILURE TO 00 Eta SHALL city of South Miami IMPOSE NO08LIOATIONORLIABOTYCIF ANY KIND UPURTHCffVWER, ITS AGENTS OR 0130 sunvat Drive ROPRIMENTATIVES. south Miami III 33143 AU OR UNTATIVII AGORI ZS {ZDQ IFRBj O ACORD CORPORATION 1880 i �nar.x acz l�c•aGd h2R S�lo�tl{31 Ot1tiZ9��ia 83:`46 (aSza) L002 '9Z -dv;q conshioedon cagofft Incm Construction Catering Inc, will provide the following services to City of South Miami at "H � i 'I SW 0 A Vell LIC, Miami, Fl. 3_3 ) 143. Service Agreement Meals are based on the four — cycle four-week menus attached which are designed for the nutrition of adults by a licensed nutritionist, meeting the usual, one-third RDA required. Construction Catering will be closed on the following dates: Labor Day, Christmas Day, and New Years Day. Any other holidays not mentioned in this contract, may also be observed. We will cooperate on providing meals for these holidays and special arrangements including additional cost to be determined. Special meals will be provided as needed with sufficient notification from Monday through Friday only. Special meals may be Box Lunches. The food will be transported III Illeriiios containet•s III order to maintain the proper temperature required by law. As a reminder, we are a current food vendor or supplier for The Miami Dade County. The cost per meal will be $ 3.30 per person. Food quality is to be nutritional and of a good quality. Portion sizes are standard adult portions and labeled as often as practicable on the menus. All nicalsvvill be prepared and guaranteed in accordance t,vlth Miami Dade County Bid # 2365-4/09. Payment plans are as follow: Payments are due on the I't day of each month and will not exceed a total of $ 23,000 for the length of the agreement,, This contract will start upon notification and will terminate on Accepted on this day of 21006, with the intend to I be legally bound Witness 'C )n tj 11, 1 11 ering c. IAiilhon/cd Witness South Miami (Authorized Representative) 2472 N.W. 21 st Terrace - Miami, Florida 33142 Phone (305) 633-5668 * Fax (305) 633-1489 _ MENU A ._ MENU B Meatloaf W /Brown Gray Chicken Parmesan Mashed Potatoes Buttered E Noodles Baby Carrots Sweet Potatoes Dimmer roll ale !'� t Dinner Koji i WEEK2 K2 MENU A IY.ENU $ Teri Teriyaki Chicke- Fish In Tomato Sauce z Co z • - - -D z e zce White Rice Peas TN.:.:..._ -- -- --- -v , . _.... WEED 2 January 9, 2007 To: Ana Lanabal, South Miami Elderly Services From. John Olmo, Vice-President Re-, Catered meals Quotation In response to your request, Greater Miami catered sub-mits the following information as provided to us.- 1) Serving approximately 75 clients MI individual apartments in the same building, 2. ) Providing two hot hone bound individualized rneals per client, 3.) Meals are to be delivered on Friday's, 4.) All deliveries are to be accomplished by one driven delivery person., 5.) That the deliveries are accomplished in a 2 I/z hour pe-tiod and 6.) That meals are to meet the 1/3 RDA based on the guidelines provided by the Alliance on Aging. Our offer is as follows-, 1.) $ 7,75 per two meal combo per client, 2.) this breaks down as $ 4.35 for the first meal -',vhich includes the costof the delivery and $ 3.40 for the second meal, and 3.) We will follow the attached proposed menus whicli meet program requirements. I We look forward to your reply of our proposal and would be happy to answer any questions you may have at your earliest convenience- Thank you for your consideration. S8383iV) INVIN HIV38D 11 - I NdWg LOH '01*UeP 08 N I" Tv M c: m m -0 w 0 08 N Sd3831VO INVIN MUD NdLt:9 LOOZ APUEP I" Tv M c: -0 w m C) fH 414 X < rn 12 A rn 0 x A 0 m z z > rn I- M 0 mo 0 YL M E 0 z M� a C O W M m 050 G? IFI In rn x c m c C: F 19 In H 19 CIO g 2 'tp�v mm 6 - C ogar- M v A CR m X -b up - *0 0) R V fn zCAp TAu z m 0 r- m Coo F X 23 rn E -4 M Q T A S� fro omz 00 T 7, -a m z m % 47) S 0 Ogk Of 0) (0 W p W a) M ;1) F F rn z -.1 In :0 ;CD: m m -4 z mi -1 ;U C, H 0 W m ro Sd3831VO INVIN MUD NdLt:9 LOOZ APUEP I" Tv M c: m X < rn 12 A rn 0 x A 0 Sd3831VO INVIN MUD NdLt:9 LOOZ APUEP m ! aLi4aOS M �2m mW n N m m m m m. -0 r. mo �N 7J m m ttt � p N v p IN a m s m m >f w� G m m6.. m ' w ce N ;un m tom .. OD 0 W A N W . m' m+ va � r7 €€t yt�� a m��yniiS' ir+ �t3 �1 p y In n 'T -f in % a. •n T Am =g god �� Q Ri 40' Q Z 0 In m W rn C Ato a 6WE Si C MR p O 2 ca �y�rn m Ck Q a mz co c t4 Wm IT o to I fi 3�ta Z Qr. qA m w �i M m� mo �N 7J m ttt � p N s a� d A d S198'ON n C 4a t A a M. w m w� a t ic g Ia!�k. a Y m 1A 9. rn S 0 SUSS M INVIN d3lV3d9 NdLt :g LOOZ 'Ol'UPP La 32 tr Ln aZW In ffil �Oub myyppp gQmG R3 OT -1 roy, 7i =r' in 0 [mmmnmg, p.P `��pi_ D F �npm 05e3 mm O_ p �c rni z m ADS_ w v m co y4 Ip� fir.. ih'S A�� mmfx N nR Ffl �i LS � 00" ICA aba mm� m vZi 9 �'o Se� � m= r 0p °Fc~�i m . rDrAA A m IT ju in, gC_ C yT. m m 2 4 .w N O 7D 'ppO� CSC ?pCi i ci a ni � yx A3 �1 rte' OD m �x z F C 88 0 6F i 0'o m n C 4a t A a M. w m w� a t ic g Ia!�k. a Y m 1A 9. rn S 0 SUSS M INVIN d3lV3d9 NdLt :g LOOZ 'Ol'UPP 9 d StWON cl a m Xg Is A It Ja Cy S83HIV) INVIN 831VI80 Nd0:9 LOOZ '01*uEr nun ml Inn AG v c 1 S ;D X A3 CD fa CA X ,ql In fo rn US P4 M sit ist IM via b3 Fil in 0 gag mZ org; cl a m Xg Is A It Ja Cy S83HIV) INVIN 831VI80 Nd0:9 LOOZ '01*uEr 01/06/2007 14:10 3052646145 PIPE LUZARR'AGA CATER PAGE 03 PEPE UZARRAC4A CATER' Nq CORP. Ana Lerzadal Page 3 MenmK Roast chicken with mojo sauce f cup of Mashed potatoes cup of assorted vegetables % cup of tomato and cucumber salad with dressing !z cup diced apples 8 oz milk $4.50 per person The above proposal can be modified at your request. Thank you for the opportunity to serve your All Major Credit Cards Accepted, Ciity afSouth Miami- Am Larradal ()1106/07 01/06/2007 14:10 3052646145 PEPE LUZARRAGA CATER PAGE 01 PEpE LtjZA1tIRACA CATERiNq CORP. City of South Miami January 6, 2007 Attn: Ana Larzadal drop off: Ph. 306 -450 -0367 Fax: 305- 809 -0712 SATURDAY AND SUNDAY LUNCH AND DINNER FOR 75 (750 PER DAY) Menuk 4 oz Carne coon papa Vegetables Yt cup of`rice cup of boiled plantains cup of tossed salad with low fat dressing 1 roll, Margarine /z cup of fruit cocktail 8 oz of milk Menu #1 4 oz fried chicken '/Z cup Of hvmefries 34 cup of okraRomatoes cup tossed salad with low fat dressing 1 roll, margarine cup of applesauce and cinnamon 8 oz. milk Meng, #3 Baked macaroni and cheese with ham '/ cup of corn ' cup of string beans Cole slaw '/2 cup of pears 8 oz milk 01ty of Sou(h Miami- And lArxada{ OVOW07 01/06/2007 14:10 3E52646145 PEPE LUZARRAGA CATER PAGE 02 Ana Larzadal Page 2 P'EPE ir:UzARRp►" AirERiNq CoRp. Mon #4 4 oz bbq chicken 1 baked potato 'A cup of peas ' cup od salad with low fat dressing 1 roll, margarine % cup of pineapples 8 oz milk MenyA 4 oz IPulpeta de carne '%2 cup of yellow rice 12 cup of sweet potatoes Mixed salad with low fat dressing 1 roll, margarine cup of peaches. 8 oz milk Now Lk 6 oz of rice with fish, corn and petit poua % cup of vegetables with mojo sauce Green salad with tomato and cucumber with low fat dressing 1 roll, margarine 1% cup of mandarins 8 oz of milk Ciity of Sc)nth Aliarn! Ana LarrAdal O FD6107 RESOLUTION NO. 111-06-123.34 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE, CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $23,000 WITH THE MIAMI -DADE DEPARTMENT OF-HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY'2006 -07 social services funding from the Miami -Dade Board of County Commissioners in the amount of $23,000 for the Elderly Meals Weekend Program at the South Miami Senior Center; and WHEREAS, the grant award will provide partial funds to provide weekend meals to the elderly residents of the South Miami Senior Center; and WHEREAS, the City was formally notified of the grant award on November 3rd, 2006, and was provided with contract agreement documents to be executed no later than Novembe .r =20; 2006; WHEREAS, the Mayor and City Commission authorize the City Manager, Yvonne Soler - McKinley and Assistant City Manager, W. Ajibola Balogun to execute the grant: contract agreement for the FY 2006 -2007 social services funding through the Miami -Dade County Department of Human. Services. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City wishes to accept a grant from the. FY 2006 -2007 Miami -Dade County Department of Human Services social services funding in the amount of $23,000; Section 2: That the Mayor and City Commission authorize the City,Mpnager and Assistant City Manager to execute the FY 2006 -2007 grant agreement with Miami -Dade Department of Human Services. Section 3: This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this d day of -nett= '2006. A TEST: APP VED: Y CLERK MA OR C 5 -0 Commission Vote READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beekman: Yea CT ORNEY y South Miami AD- Amedcaci y 1 f " CITY OF SOUTH MIAMI s • tNtORPORnTFp • 1927 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City, Commission Via: Yvonne S. McKinley, City Manager From: Julie L. Dalzell Grants Administrator Date: November 7, 2006 Agenda Item No: (EMERGENCY ) Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $23,000 WITH THE MIAMI -DADE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY'. RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER: PROVIDING AN EFFECTIVE DATE. Request: Authorization for the City Manager and Assistant City Manger to execute an Agreement with Miami -Dade Department of Human Services for the provision of limited weekend meal service to needy seniors through the South Miami Senior Center. The contract requires the named designation of two officials to execute the contract. Reason/Need: Seniors have access to hot meals on weekdays at the South Miami Senior Center. As the center is not open for the provision of meals on the weekends, this award allows for limited provision of hot meals on the weekends to needy seri-lors. The City of South Miami was previously awarded $23,000 in the 2005 -2006 funding- cycle. Cost: The full $23,000 award is used to provide weekend meal service to the seniors. There is no match requirement and no commitment of City funds. Funding Source: $23,000 from DHS Grant Backup Documentation: • Proposed Resolution • Award Contract 1 2 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AU'T'HORIZING THE, CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $23,000 WITH THE MIAMI-DADS DEPARTMENT OF. HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY' 2006 -07 social services funding from the Miami -Dade Board of County Commissioners in the amount of $23,000 for the Elderly Meals Weekend Program at the South Miami Senior Center; and WHEREAS, the grant award will provide partial fiends to provide weekend meals to the elderly residents of the South Miami Senior Center; and WHEREAS, the City was formally notified of the grant award on November 3rd, 2006, and was provided with contract agreement documents to be executed no later than November720, 2006; WHEREAS, the Mayor and City Commission authorize the City Manager, Yvonne Soler - McKinley and Assistant City Manager, W. Ajibola Balogun to execute the grant contract agreement for the FY 2006 -2007 social services funding through the Miami -Dade County Department of Human Services. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City wishes to accept a grant from the. FY 2006 -2007 Miami -Dade County Department of Human Services social services funding in the amount of $23,000. Section 2: That the Mayor and City Commission authorize the Citylgpager and Assistant City Manager to execute the FY 2006 -2007 grant agreement with Miami -Dade Department of Human Services. Section 3: This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ur1wa Commission Vote. " Mayor Feliu: Vice Mayor Wiscombe: Commissioner - Palmer: Commissioner Birts: Commissioner Beckman: SA0607 -SO AHAMI -DARE DEPARTMENT OF HUMAN SERVICES SOCIAL SERVICES CONTRACT This Contract, made this day of , 200__, by and between Miami Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Department of Hiiian Services (hereinafter referred to as "Department "), located at 2525 NW 62� Street, 4s` Floor, Miami,_Flg da 3314'7. and Crtv of South Miami !Senior Centers having offices at 6130 Sunset Drive South Miami, Florida 33143 (hereinafter preferred 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 Ordinance 06-130 and Ordinance 06 -131 to 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 foltows: L AMOUNT 1PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $23400. 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. IL 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 Provides' will implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the Department in writing. DL BUDGETSliMMARY 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. X of X6 CB 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 arty 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. N MECTIVE ITRM. The effective term of this Contract shall be from October 1,.2006 or when executed by both parties, whichever is later, to September 30, 20117. V. iNDE�ICATI & BY PR[?VIDER A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and a1111 ab1 lity, 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 968.28 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. 2vf16 CB C. Term ofIndemaifiggipp. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. VL Il"+TSIFRANE. 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 Prr+yiders. The Provider shall furnish. to Nfiami -Dade County, Department of Human Services, 2525 N.W. 62" Street, 40' Floor, Mami, 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 k). 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 damago. 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 AM Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the 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 to do Business in Florida," issued by the State of Florida Department of Insurance and must be members of the Florida Guaranty Fund- 3 ofZ6 CB Certificates of Dance shall indicate that no modification or change in insurance shall be made without thirty (3.0) days written advancer notice to the certificate bolder. VM PROOF OF LICENSUREICE LCATION 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 Tomes. If the Provider fails to furnish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates_ Failure to .provide the licenses or certificates within sixty (50) days of execution of this Contract may result in termination of this Contract. B. Backed Screepgg. 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 Julstice... 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/CriminaREstory /. In addition, recognizing that Leven 2 Screening can take several weeks, level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving positive responsdresponses 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 fiunish the County with proof that background screening Level 1 was completed. If the Provider fails to fn-nish to the County proof that background screening Level l 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. 4 vf16 CB 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 (Le. 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 famish 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. Vim. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Dada County Ordinance No. 72 -82 (Conflict of interest Ordinance codified at Section 2 -11.1 et a1. of the Code of Nfiami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. IXa CIVIL ItIiGHT'S. The Provider agrees to abide by Chapter 11A of the Code of Miami - Dade County ("County Code"), ais, 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 proln- its discrimination in employment and public acconunodations 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 teen 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 affiditvvit. The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § I l A- 60 et. seq of the Mami 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. Svf.t6 cc 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. Nn 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 fiends allocated under this Contract; (3) the Provider does pot fuunish 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 licensurefcertification or proof of background screening required by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete proof csf 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; (i) 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; (S) the Provider discriininates 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; (1 -0) 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 arty of the terms and conditions of the Dade County Affidavits (Attachment C) of 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 shalt not be Construed to be. a modification of the terms of this Contract. B. . CouM 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 feast five (5) days before the effective date of termination d oflb CB 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 at 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 attomey's fees; 4. The County may debar the Provider from future County contracting; S. X 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) yam; 6. Any other remedy available at law pr equity. . C. The County Manager is authorized to terminate this Contract on behalf of the County. _. A 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 du-rd and indirect costs associated with such action, including attorney's fees. 7of16 CB MR TERUMATTON 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 EROCEDURES. 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 9440). A Reimbursement an Advances. The parties agree that this is a cost - basis Agreement and that the Provider shall be paid through rieimbursement 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 stile 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 Payment. 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 15* 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. 8of16 CB D. Processing the. Request for Pa t. After the Department reviews and approves the payment request, the Department will submit a check tequest 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 waiting, 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 reirnbursement requests in a manner deemed correct and acceptable by the County, by the 15 h day of each month following the month in which the' service was delivered, shall lie considered a breach of this agreement and may result in termination of this Agreement. E.- Find Request for Pa Ment, 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 ofthe Agreement. F. Closeout ReppaMeea^ptur 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 f rods 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 documentations. The County shall have the sole discretion in determining if the Provider is entitled to such fiends 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. PROROffED USE OF DS. A. Adverse Actions or Proceeding, The Provider shall not utilize County funds to retain legal counsel for and+ 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. P. Religious knoses. County funds shall'not be used for religious purposes. C. Commingi_in_g_ Fun ds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. 9 of 16 CB XV RECORDS, REPORTS, ,�IWONTTORING 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 fled an Article of Dissolution. B. Board of Director Egguirements. 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 ofthis 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 LR. 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 Rec ords. 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. R 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 OtRce 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'/ of 1% of the total contract amount. io of .76 CB 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 411 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' suppiiets, 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 Inspegor General Rpyiews. 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 by 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_ .11 of 16 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 parry.. I. 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 15* day of the month following the end of each month. The final progress report shall be due forty -five (45) days after the expiration or termination of this Agreement. I Monitoring: Managgment 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 ofthia 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 pontain referral and intake information, treatment plans, and case notes documenting- the dates services were provided andl the kind of service provided. These files shall be subject to the audit and inspection requirements under Article YVI Section F, G, H and 1 of this Contract_ L Health Insurance Portability and Accountability Act. 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 (M-H) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and .Accountability Act OWAA) 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: xZ of I6 CB 1. Use of information only for performing services required by the contract or as required by law; I 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 1IH WER will be held confidential; 5. Making Protected health information (PH1) 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. Malang internal practices, books and records related to PM available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, andlor 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 P WContiWait of Qpe rations Plan (COOP). The Provider shall submit to the Department an Agency Disaster Plan/COOP by April 1s` 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. XVIL SUBCONTRACTORS AND ASSIGNMENTS. A. SubcoWacts. 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 wilt not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. XVIUL. AUSCEII AN7EOUS. A Out ofTown 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 previsions outlined in the Contract Management Manual. 13 *f16 CB B. PM Cash. 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 bfficial 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. Modificatiom arld Change t ?r ers. 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 Contract. G. Headings. Use of Sin ug lar and Gende r. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns.shall be read as masculine, feminine or neuter as the context requires. H. Totaho f Gontract/Severabiiiiy of 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 DI: Code of Business Ethics Attachment D2: Miami Dade County Debarment Disclosure Affidavit Attachment E: State Public Entities Crime Affidavit Attachment p': 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. isvfl6 CB SA0607 -90 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duty 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 ATTEST: M AM -DADS COUNTY, FLORIDA HARVEY RUVIN, CLERIC ]By: By: DEPUTY CLERK GEORGE M. BURGESS COUNTY MANAGER AGREEMENT PROGR&M— NARRATIVE_ SECTION L- GENERAL Name of Organization: Address: Phone Number: Fax Number: Contact Person: Agreement Amount: Agreement Period: SECTION H: NARRATIVE Describe the organization's goat: Describe how those services meet County government mandates: SECTION III: PROFILE OF SERVICES Workload measures (detail type of sewAce and number of clients to be served in each category of sery ce): ' Unit Cast (Detail unit cost for service): Page 2 of SECTION IV: STATEMENT OF OBJEC MS (objectives must be measurable, and specific. Please quantify and note timeframe for completion of each objective). SECTION V: ORGANI2ATIONAL SUPPOFT ACTIVITIES Describe hove your organization plans to raise additional funds or in -kind contributions: Describe how your organization will do outreach and public awareness: i j I SECTION 'Viz 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 County prior to any operational or performance variations. Signature and Title of Person Completing Form Print Name Telephone Number Print Title Pare 4 of4 A 0 b x r� v m j n iJ N 4 0 1: O � i O d d s {iii Ly A v 10% c Z CL 4� ps Z � 0 g r C 0 cl go 6 m Z rn Cr _ N d H a m C N T 0 C � �a a m b 2 L a. C A IEEE rt 3 00 m.1 T A 0 b x r� v m j n iJ N 4 0 1: Eg 7 i O a d s {iii Z c A v 10% c Z CL 4� ps Z � 0 g r C 0 cl go 6 m Z A 0 b x r� v m j n iJ Q rn 3 rn z 0 c 3 a z m CL 4� ps tj � 0 d o g C cl go 6 Z rn m H Q V G y 9 Q Q7 17i 1!1 v S 0 \ � .� SO : § § ... t § � � § 52 x. � ■ ■� . ƒ�� I,■ � . ]\ .$ B ■. E ( . # . § § . � . � � . . . f. ■ �. � .� � ■ § § ... § � � § � . � � ■ �. ' \ . . . .n�:. �� ■ : a m � O1 n e n d d o 5 a n nni c m O ID m 3 O b r C m C m � S m m 3 m a rg c 6 � �i n yNy CC W A r ? R VLF 26 as a CS I~ m Z W d � � � � � O � b O ,fit, � 7• "` (�T � � d rg � g3 Pr d 3 S 11r a a kx � S a r ? R VLF 26 as a CS I~ m Z W MIAMI -DADE COUNTY ATTACHMENT C DEPARTMENT OIL HUMAN SER'VI CE, S MONTHLY RIiIMBURSEMENT REQUEST Rule ofOrganizallon: ddress: Telephone: Fax• :ontact Person: Agreement Perlod:� greemenl Amount: 'ontracts Officer:.,,—_ SECTION II: FISCAURE1MBURSEMENT )irera[ing expenses covering period from to . are outlined below: Budgeted Current DIIS USE ' Amount Montle Exn. ONLY _ ;ALARTES - Gross: ;ataries ' FRINGE BENEFITS iocial Security Retirement Croup Health Insurance Workinen's Cmnpensalion Insurance Unemployment Insurance 1Form UCT -61 Other (specify): STAFF TRAVEL Local Travel Out of Town Travel SUPPLIES office SuppBes Program Supplies - — .1nniforial Supplies' Other (specify): EQUIPMENT Minor Office Equipment — Minor Program Equipment — --- Major Cnphal Office Equipment to..rs7so) -- Capi tnt Program Equipment (over 57503 .� "IN1)1ItECTCO 'IS — — 0T11L1i COSTS Accounting ServiceslAudit 1'rhiting Te-lephnoes Electricity — 1V:iste pisltusal ..- Wnter & Sewer — office Space Cost - 11cosel Main Lena nce -Illd gJGrd. Maintenance - Equipment I nsurance (Property /Liability) fyliscelloncops (specify): 11110FESSIONAL SERVICES Tolal Operating Expenses S i I hereby certify flint this euperue reparf sabndtred by the undersigned consfirittes approved burlgei expenses tluriug iire period Hifird «bare, nni that no erpenserfor which reinibnrsenierrr is regieestfif has been or wlil be reiniburseel by ather�5turling sonrcer, DATE EXECUTI V E DI RE(-TO JUA G£NCY DESIGNEE `Please altach all required supporting documentation (eg., ny11_res, proof of tax payments, payroll registers, crgties a chccics, cic). in $Hint stnuence of your lint -item budget. •'ludirect Costs unrsf not exceed 15%.. Provide Calculaflotts /Doeurneat to Substanfia[e Indirect Cosl 11atc ATTACHMENT D AnAMI IDADE COUN'T'Y" 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 DARE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; M [AM[ DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMIDADE CRIMINAL RECORD .AFFIDAVIT; DISABILITY NONDISCRJAGNATION 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 and+ me�nicipahty of this State. The MIAMI DAllE FAMILY LEAVE Al?FIDAViT shall not pertain to contracts wrth the United States or any of its deparmuerrts or agencies or the State of Florida or any. political subdivision or agency thereof; it shall, however, pertain to municrpalities of the State of Florida. All other contracting entities or �ndrviduals shall read carefully each affidavit to determine whether or not it pertains to this contract. . being first duly sworn state: Afflant The full legal game and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Ohre addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Eii*, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City - State Zip e 1. iVIIAAR DADS COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 ofthe County Code) 1 If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds diregdy or indirectly five percent (5 51o') or more of the corporation's stack If the contract or business transaction is with a partnorship,-the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the frill legal name and address shall be provided for each trustee and each beneficiary. The foregoing requrrements shall not pertain to. contracts with publicly traded corporations or to eonbuts 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 (Past Office addresses are not acceptable): 1 of 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 leave, 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. II. MIAMI DARE COUNTY EWLOYM1Xr DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8 -1; Subsection (d)(2) ofthe County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure often thousand dollars ($10,000) or more shall require the entity contracting or transacting business to d3oclose 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. L Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your film provide paid health care benefits for its employees? Yes No 1 Provide a current breakdown (number of persons) of your firm's work force and ownership as to rasa, national origin and gender: White: Males Females Asian: Males Females Black: Males Females Americana Indian: Males Females Hispanics. Males Females Aleut (Eskimo): Males Females Males Females: Males Females IlI. AFFIRMATIVE ACTION/NONDISCRTMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PF CTICESv (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 erqployrrment 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 acid 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 shalt not be required to have writtenn affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2 of S The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the Comity Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make -tip of the nation and has submitted a wrrtten, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Departmeirt of Business Developments 175 N.W, Ist 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 *Iudes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W_ 1" 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. 1V. MIAMI DADE COUNTY CRD41 NAL 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. MAW-DARE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami Dade County, Florida, the above named person 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 f ands policy of maintaining a drug-free environment at all workplaces 3. availability of drag counseling; rehabilitaion 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 afh r receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance loo. 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, econonne 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 he exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements ofthose governmental enfities. 3 ef5 VI. MIAMI DADE EMPLOYMETiT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 11A-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 Iran worked far 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 bistb. or adoption of a child, or for the care of a chil�3, spouse or other close relative who has a serious health condition. without risk of t�,n,at'son of emrployment 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. DISABILTI'Y NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organisation 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 ernploymnem 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 Star 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title II, Public Services, Title III, Public Accommodations and Services Operated by Private Entities; TAIc. 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;1he. 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 ofthis State. VI11. MIAMI DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR ` TAXES (Sec. 2- 8.I(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 ear 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 Collestor'as well as Dade County issued pang tickets for vehicles registered in the name of the firm, c6il m tion, organization or individual have been paid. IX.. CURRENT ON ALL COUNT C 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 instrumentalities. K PROJECT FRESH START (Resolutions R-702-98 and 358 -99) Any firm that has a contract with the County that results in actual panent of $500,000 or more shall contribute to Project Fresh Stark the Countys Welfare to Work Initiative. However, if five percent (51%). 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-702-99 and R-358-99 by submilfing a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. M. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At IIA-60 Et. Seq. of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at 1.1A -60 et. seq. of the Miami Dade County Code, which req� 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) (Print or Stamp ofNotary) Notary Public -- Stamp State of (State) (Serial Number) (Expiration Date) Notary Seal ATTACHMENT Dl Form A -12 Code of Business Ethics 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 County /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 aWudng 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 Re ulations • 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 Selection and Ca ensation 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. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We the 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 - .- ..._...:.,:- :....... , aetual�y perforiued..:Ve ivtll .abide..by.alt..contrachng. and: subbcontractcng. zegulations-=- ....._:..:_._::__._.....,. _ • 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 CMaias • 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 ahem 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. 2 of3 Pass thro -g i Requirements + This Code prohibits pass - through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity. Rental Space. Equipment and Staff Requirements or Flat Overhead Fee Requirements • This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat i 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. i MBE Staff Utiiizatian 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 Iimited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: _____ 2° Signature of Afiiant Date Printed Narne of Firm Address offirm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20____ By He/She is personally known to me or has presented Affiant as idm ification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public - State of _ Notary Seal 3of 3 � I ATTACHMENT D2 i MIAMI -DADE 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' (Date) (Signature of Affiant) 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) (Expiration Date) Notary Public Stamp State of _ Notary Seal (State) 5101 ATTACHMENT E SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATiJTES, ON PUBLIC ENTITY CREMS 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 iilE=M_L-kade CouM_ by (print individual's name and title) for (print Name of entity submitting sworn statement). whose business address is _ - - - - -- - -_ - -- . and if applicable its Federal Emploper Identification Number (FEIN) is If the entity bas no FEIN; include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as debmed 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, conosion, racketeering, conspiracy, or material midaterpretation. 3. I understand that "convicted'" or "conviction" as defined in Paragraph 287133 (1)(b), Maridd Sfa�fes, 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 remelt of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere, 4. I understand that an "a#Filiate" as defined in paragraph 297.133(1)(a), Florida. Statates, means: L 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 sad who has been convicted of a public entity crime. The term "affiliate includes those officers, directors, executives, partners, shareholders, employees, mmbers,. and agents who are active in the mamgemont of "an affiliate. The ownership by one person of shares constituting a contra mg interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreeme4 shall be a prima facie can that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1 oft 5. I understand that a "person-" as defined in Paragraph 287.133(1)(e), 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 enfitg The terns " person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. ti 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 to July 1,1'389. The entity submitting this sworn statement, or one or more of its officers, directors, execatives, partners, shareholders, employees, members, or dents who are active % 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, 2989. 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 TMS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTHWD 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 THIINSHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of .20 Personally known OR Produced Identii'icafion - Notary Public State of My commission expires (Type of Identification) (Printed typed or stamped commissioned name of notary public) 2 of 2 ATTACHMENT F DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION MONTHLY PROGRESS REPORT FY 200612007 AGENCY'S NAME NAME AND 1TTLE OF PERSON COMPLETING THIS REPORT PLEASE CHECK THE REPORTING EERIOD ❑ October ❑ April ❑ November ❑ May ❑ December ❑ June ❑ January ❑ July ❑ February ❑ August ❑ March ❑ September ❑ FIlVAL REPORT NLI BER. OF NEW , CLIENTS SERVED THIS MONTH SU3UM[AUrzE PROGRAM OBJECTIVES /GOA,I.S ACCOMPLISHED THIS MONTI] This section cannot be left blank — please list each ob ective and hours of service deity ) 1 of 2 REPORT ON PROGRAMMATIC PROBLEMS ENCOUNTERED THIS MONTH: (This section cannot be left blankk 2 of 2 ATTACHN ENT 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 -104, the Community Based Organization must submit the list of first their subcontractors or sub - consultants who will perform any part of the Scoff, of 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 "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT Incompliance 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 "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: _ Title: Date: Firm Name: w Fed. ID No. Address: City /State /Zip: Telephone ) —Fax: (. ) E -mail: _ ATTACHMENT H LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 994) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 9944 and Section 2-5.9 of the Code of Miami -Dade County shall apply to all service contracts involving the expenditure of over $100,000 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 $8.58 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. I of 2 FORM A -11 MIAMI -DADIE COUNTY, FLORIDA MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99-44 and Section 2 -8.9 of the Miami -Dade County Code) Solicitation No.: rifle: l, , being first duly sworn hereby state and certify that in compliance with Miami-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 99-44 to all employees assigned to this contracL 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: , 20 Signature of Affsant Date Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20p._, by He /She is personally known to me or has presented Affrant as identification. Type of Identification Signature of Notary .� Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Notary Seal 2 of