11-01-05 Item 6South Miami
7 CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor Date: November 1, 2005
and City Commission
From: Maria V. Davis Agenda Item #
City Manager OKAuthorizing the City Manager to accept
a grant from Miami -Dade County for Police
Department records management
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT AND
EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FY
2005/06 FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FROM
MIAMI -DADE COUNTY IN THE AMOUNT OF $4,991.00; DESIGNATING $1,663.00
FROM THE MANAGEMENT INFORMATION SYSTEMS OPERATING EQUIPMENT
ACCOUNT #001 - 1340 - 513 -6430 AS MATCHING FUNDS AS REQUIRED BY THE
GRANT; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The United States Department of Justice Federal Drug Control and System
Improvement Grant has allocated funding through Miami -Dade County to the City of
South Miami Police Department for the purpose of improving records management. The
Department has been awarded $4,991.00 which will be used to purchase additional
laptops, software and interface system for the patrol officers. This equipment will allow
the officers to continue to write reports and conduct routine checks while still in their
vehicle. The City is required to provide a cash match in the amount of $1,663.00 which
will come from the MIS Operating Equipment Account number 001.1340.513.6430. The
balances on this account are as follows:
Beginning Account Balance $73,076.00
This Request $ 1,663.00
New Account Balance $71,413.00
RECOMMENDATION:
We recommend that the City Manager be authorized to execute the grant documents for
the acceptance of this grant.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT
AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING
TO THE FY 2005/06 FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY IN THE AMOUNT OF
$4,991.00; DESIGNATING $1,663.00 FROM THE MANAGEMENT
INFORMATION SYSTEMS OPERATING EQUIPMENT ACCOUNT #001 -1340-
513 -6430 AS MATCHING FUNDS AS REQUIRED BY THE GRANT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Justice, through the Federal Drug Control and
System Improvement Grant, has allocated through Miami -Dade County to the City of South Miami Police
Department $4,991.00 for the purpose of records improvement within the department; and
WHEREAS, the Police Department desires to use the funds to purchase additional laptops,
software and interface systems for patrol officers so they can continue to write reports and conduct
routine checks while still in their vehicle; and
WHEREAS, matching funds in the amount of $1,663.00 required for this grant are available in
the fiscal year 2005 -2006 MIS Operating Account budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section L The City Manager is authorized to accept and execute all applicable contract
documents from the Federal Drug Control and System Improvement Grant
through Miami -Dade County in the amount of $4,991.00.
Section 2. The City Manager is authorized to designate $1,663.00 from the Management
Information Systems Operating Account # 001.1340.513.6430, with a current
balance of $73,076, as matching funds required by the grant.
Section 3. This resolution will take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2005.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
CADocuments and Settings\ArickeWy Documents \Word Documents \ResolutionBymeGrant.doc
MIAMI -DADE COUNTY DEPARTMENT OF HUMAN 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 Human Services (hereinafter referred to as "Department "),
located at 2525 N.W. 62'a Street Suite 4225 – Miami FL 33147, and the CITY OF
SOUTH MIAMI located in Miami -Dade County, Florida (hereinafter referred to as "Provider "),
provides the terms and conditions pursuant to which the Provider shall provide a C riminal
Justice Record Improvement Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug
Abuse Act of 1988, hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it 'possesses the legal
authority to enter into this Agreement by way of resolution, motion or similar action that has
been duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami -Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the Criminal Justice Record Improvement Project by providing a portion of the
federal funds awarded to Miami -Dade County to the Criminal Justice Record Improvement
Project; and
WHEREAS, the County as contractor /grantee for the State of Florida is authorized to
purchase said services for the Criminal Justice Record Improvement Project as an allowable
activity under the ACT; and
WHEREAS, the County requires the above- mentioned services from the Provider in
order to fulfill its' contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
1. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $4,991. Both parties agree that should
available County funding be reduced, the amount payable under this Agreement may be
proportionately reduced at the option of the County.
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II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
Ill. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2005
through September 30, 2006.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County, including the required 25% Cash Match, and provide all
equipment and supplies required for the provision of services.
V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 913-61 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and
all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set
forth.
B. Supplanting. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 913- 61.006 (5), Florida
Administrative Code.
VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. 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
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herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract.
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish 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 Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing Criminal Justice Record Improvement services shall have
appropriate training and experience in the field in which he /she practices and abide by all
applicable State and Federal laws and regulations and ethical standards consistent with those
established for his /her profession. Ignorance on the part of the Provider shall in no way relieve
it from any of its responsibilities in this regard.
XL CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami -
Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et
al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its Contract obligations hereunder.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami -
Dade County ( "County Code "), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Provider violates any of the Acts during the term of any Contract
the Provider has with the County, such contract shall be voidable by the County, even if the
Provider was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance,
codified as § 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami -Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
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XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered
personally or sent by mail or by facsimile to the parties at the following addresses or to such
other address as either party may specify:
If to the COUNTY:
Miami -Dade County
Department of Human Services
2525 NW 62nd Street, Suite 4225
Miami, Florida 33147
Attention: Ms. Michaela Doherty
If to the PROVIDER:
South Miami Police Department
6130 SW 72nd Street
South Miami, FL 33143
Attention: Lt. Bruce Ross
XIV. 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 i ntended t hat t he P rovider i s o my a r ecipient o f f unding s upport 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.
XV. BREACH OF AGREEMENT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) 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; (6) the Provider discriminates under any of the
laws outlined in Section XI I of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a t imely a nd p roper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. County Remedies. If' the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
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1. The County m ay terminate t his Contract b y g iving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. 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; (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. 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 action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Manager is authorized to terminate this Contract on behalf of
the County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
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at least sixty (60) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on behalf of the County.
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. 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.
A. Budget Variance. Funds may be shifted between approved line items, not to
exceed fifteen percent (15 %) of the total budget, without a written amendment. Variances
greater than fifteen percent (15 %) in any approved line item shall require a written amendment
approved by the Department.
B. Recapture Funds. At the conclusion of the third quarter and upon submission of
the Quarterly Performance Report and Invoice, the County will review the Provider's Year -To-
Date expenditures.
1. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter to fully expend the
contract by the end of the program year.
2. This expenditure plan must be approved by the County.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the County will recapture the anticipated unexpended amount for use in
another program, without a formal amendment process.
C. Payment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B). The Provider agrees to invoice the County for each
Criminal Justice Record Improvement using the Quarterly Project Performance Report &
Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section
XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in
accordance with the form provided in Attachment C. The final Quarterly Project Performance
Report & Invoice shall be submitted by October 15, 2006.
D. The Provider agrees to mail all invoices to the address listed above, Section XIII.
E. The County agrees to review invoices and to inform the Provider of any
questions. Payments shall be mailed to the Provider by the County's Finance Department.
F. No payment of subcontractors. In no event- shall county funds be advanced
directly to any subcontractor hereunder.
XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY,
A. Acquisition of Property. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
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new property, when suitable property required for the successful execution of projects is
already available within the Provider organization, will be considered an unnecessary
expenditure.
B. Screening. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any
loss, damage, or theft of the property must be investigated and fully documented and made part
of the official project records.
D. Equipment Acquired with Crime Control Act Block /Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Management. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date of d isposal a nd s ale p rice; 2) a p hysical i nventory of t he
property must be taken and the results reconciled with the property records at least once every
2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage
or theft of t he p roperty. A ny I oss, d amage, o r t heft s hall b e i nvestigated b y f he P rovider a s
appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of 3 years from the date of
the disposition or replacement or transfer at the discretion of the County. If any litigation, claim,
or audit is started before the expiration of the 3 -year period, the records shall be retained until
all litigation, claims, or audit findings involving the records have been resolved.
XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES.
The Provider shall keep records of program services in sufficient detail to provide any reports
that may be requested by the County.
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A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Agreement. In accordance with contract requirements
from the State of Florida, records for the Criminal Justice Record Improvement Project
services must reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Agreement.
B. Reporting Requirements.
1. Quarterly Proiect Performance Report and Invoice. The Provider shall
submit the Quarterly Project Performance Report and Invoice to the Department of Human
Services by January 15, April 15, July 15, and October 15, 2006 covering the Agreement
activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall
be submitted in the format and using the form attached hereto as Attachment C.
2. Other Required Reports. The Provider shall submit other reports as may
be required by the Department of Human Services during the program year.
C. Changes to Reporting Requirements. The Provider understands that the
County may at any time require changes i n d ata collected, records o r reporting, a s may be
necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Agreement. The Provider shall provide assistance as may be
necessary to facilitate a financial /program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General
E. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of the 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 1/4 of 1 % of the total contract amount.
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 witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
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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) d ays prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project - related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back- charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts 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 a ctivities. T he provisions o f t his s ection a re n either intended n or s hall t hey b e
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami -
Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this agreement for inspection and copying. The County shall be responsible for
the payment of these IPSIG services, and under no circumstances shall the Provider's budget
and any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
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G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation
shall at a minimum include access to the Provider's premises and records.
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, a dvice o r counsel to a ny c lient in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling F unds. T he P rovider s hall n of c ommingle f unds p rovided under
this Contract with funds received from any other funding sources.
XXI. MISCELLANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Manager. Provided, however, that the County may
effect amendments to this Contract without the written consent of the Provider, to conform this
Contract to changes in the laws, directives, guidelines, and objectives of County, State and
Federal Governments.
Any alterations, variations, amendments, or other modifications 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 amendments of the Scope of Service, line item
budget of more than fifteen percent (15 %) of the total budget set forth herein and other such
revisions my be negotiated as written amendment to this Contract between the parties. The
County Manager is authorized to make amendments to this Contract as described herein on
behalf of the County.
C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
Page 10 of 12
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. Publicity. It is understood and agreed between the parties hereto that this
Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to the Miami -Dade County
Department of Human Services, the Florida Department of Law Enforcement
(FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. 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 Services (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. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as
the context requires.
H. Total of Contract/Severability of Provisions. This twelve (12) page Contract with
its 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:
Quarterly Project Performance Report & Invoice
Attachment D.
Miami -Dade County Affidavits
Attachment D1:
Code of Business Ethics
Attachment D2:
Miami -Dade County Debarment Disclosure Affidavit
Attachment D3:
State Public Entities Crime Affidavit
Attachment E.
Provider's Disclosure of Subcontractors and Suppliers
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 requirement of applicable law.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their respective and duly authorized officers, the day and year first above written.
Signature Title
Name (typed)
ATTEST:
By: By:
(Corporate Seal)
ATTEST:
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
By:
Page 12 of 12
MIAMI -DADE COUNTY, FLORIDA
GEORGE M. BURGESS
COUNTY MANAGER
PROGRAM NARRATIVE
Jurisdiction Name: SOUTH MIAMI
Address: 6130 SW 72 Street,
South Miami, FL 33143
Program Area: Records Improvement
Program Name: Records Improvement
Contact Person: Lt. Bruce Ross
Contact Numbers: 663 -6313 Office
663 -6337 Fax
Program Dates: 10/01/05 through 09730/06
Target Population: City Residents
Problem Identification
South Miami Police Department was awarded grant funds five years ago, to begin its
conversion to a paperless system of criminal justice reporting. They began their efforts with
supplying patrol officers with laptop computers. This allowed officers to complete reports
conduct background checks while on routine stops. Although the department was able to
purchase 28 laptops, they fell short in being able to supply each of their officers with
equipment. Additionally, the computers are now more than five years old and are in need of
repair or replacement.
Program Description
Keeping current with equipment and software the department wishes to purchase new
equipment for patrol officers. The equipment will make it possible to access necessary data
from NCIC /FCIC without calling the dispatcher. Many times, a dispatcher is so busy handling
these various responsibilities that an officer will have to wait to receive information that they
have requested. This delay can endanger an officer's life. Once an officer can access
NCIC /FCIC from the patrol vehicle, the dispatcher will be relieved of this additional duty, and
the officer will have the information at his /her fingertips.
Incorporating laptop reporting at the patrol officer's level would establish a more efficient
record keeping process. The use of laptops will reduce the time needed to store data and
provide for a more accurate record of police services. South Miami will be able to transmit and
receive i nformation w hen c onducting F CIC a nd N CIC c hecks. A dditionally, the department
can share information with other local law enforcement agencies. Grant funds will be used to
purchase equipment to improve the department's criminal justice records system.
PROGRAM BUDGET
Jurisdiction Name: SOUTH MIAMI
Program Area: Record Improvement
Program Name: Record Improvement Program
Salaries and Benefits, Total
Operating Capital Outlay
Laptop computers 2 @ $1268 ea.
Software licenses 2 @ $1559 ea.
Maintenance and Service contract
Contractual Services, Total
Expenses, Total
Total Budget
Dade County will reimburse an amount not to exceed: $4,991
The 25% CASH MATCH for this grant is: $1,663
The source of the CASH MATCH is:
General Funds, City of South Miami
OCC level begins at $500.
9/26/2005, Sm$05
Contact Person: Lt. Bruce Ross
(305) 663 -6313 PH - -(305) 663 -6337 FX
Program Dates: 10/01/05 - 09/30/06
$2,536
$3,118
$1,000
$0
$6,654
$0
$0
$6,654