HomeMy Public PortalAbout09-7964 Edward J. Byrne Memorial Justice Grant Sponsored by: City Manager
RESOLUTION NO. 09-7 9 6 4
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ACCEPT THE AWARD OF GRANT
FUNDS FROM THE DEPARTMENT OF JUSTICE AND
THROUGH THE MIAMI-DADE COUNTY OFFICE OF
GRANTS COORDINATION FOR THE FY 2010 EDWARD J.
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) IN THE AMOUNT OF FOUR THOUSAND FIVE
HUNDRED AND NINETY-EIGHT DOLLARS ($4,598.00)
FOR THE PROVISION OF A SCHOOL RESOURCE
OFFICER PROGRAM
WHEREAS, the City of Opa-locka ("City") is committed to finding external sources of
funding from county, state and federal grants; and
WHEREAS, Miami-Dade County ("County") has been awarded federal funds from the
Drug Control and System Improvement Formula Grant program; and
WHEREAS, Miami-Dade County is desirous of supporting an expansion of the services
provided by the School Resource Officer Project by providing a portion of federal funds awarded
to the County for purpose of the School Resource Officer Project; and
WHEREAS, the City of Opa-locka has applied for grant funds from the Edward J. Byrne
Memorial Justice Assistance Grant (JAG); and
WHEREAS, the City Manager is requesting authorization to accept the awarded JAG
funds for the FY 2010 Edward J. Byrne Memorial Justice Assistance Grant (JAG) for the
provision of a School Resource Officer Project to be established within the City of Opa-locka.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Resolution No. 0 9—7 9 6 4
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to accept the award of grant funds from the FY 2010 Edward J. Byrne Memorial Justice
Assistance Grant (JAG) and through the Miami-Dade County Office of Grants Coordination in
the amount of Four Thousand Five Hundred Ninety-Eight Dollars ($4,598.00) for the provision
of a school resource officer program.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 22 day of NOVEMBER , 2009.
JOSE' LLEY
MAYOR
Attest: Approved as to foom and legal sufficiem y:
eborah S. Irby Burnadette Norris-Weeks, Esq.
City Clerk City Attorney
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorot Johnson
Commissioner Ti. y Holmes
Commissioner ''1:' Tydus
FROM: Bryan K. Finnie, Interi .6 y Manager
DATE: November 3,2009 /
RE: Acceptance and • .,0 orization of Department of Justice Grant Awards
Request: STAFF IS ' QUESTING THAT THE CITY COMMISSION OF OPA-
LOCKA AUTHORIZE THE ACCEPTANCE OF THE DEPARTMENT OF
JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
FOR THE AMOUNT OF FOUR THOUSAND FIVE HUNDRED AND
NINETY-EIGHT DOLLARS ($4,598).
Description: The proceeds from the JAG award will be used to create a school resource officer program.
Financial Impact: No Fiscal Impact. One hundred percent of the proceeds are grant dollars.
Implementation Timeline: Immediately
Legislative History: Resolution No.
Recommendation(s): Staff recommends approval.
Analysis: This recommendation is based on the Miami-Dade Award Letter and Contract.
Attachments: Award Letter
Contract
PREPARED BY: Charmaine Parchment
End of Memorandum
Office of Grants Coordination
M I A M I•DADE 111 NW 1st Street 19th Floor
� F Miami, Florida 33128-1994
y.f,,_;'„'r j T 305-375-4742 F 305-375-4049
miamidade.gov
Carlos Alvarez, Mayor
October 13, 2010
•
Chief James Smith
Opa Locka Police Department
2495 All Baba Avenue
Opa Locka, FL 33054
RE: Contract Award FY2010
Edward Byrne Memorial Justice Assistance Grant Program
Dear Chief Smith:
We are pleased to provide you with the contract for your program under
the Dade County Drug Control and System Improvement Program
FY2010. This year, the total amount of your federal award will be
$4,598.
We are providing you with copies of 4 original contracts for your
program. Each of the four contracts must have the ORIGINAL
signatures of the Manager/Mayor and City Clerk, and must have the city
seal affixed on the contract signature page. Also, the contracts include
several Affidavits each of which require an ORIGINAL and notarized
signatures. Upon signing by your city officials, the contracts are to be
returned to this office along with the City Council resolution to accept
these funds. Our staff will complete the execution process in the County
and send you a fully executed contract for your records. Reimbursement
for First Quarter expenditures can occur ONLY if the contract is fully
signed by the jurisdiction and returned to the Office of Grants
Coordination with the accompanying council resolution.
In accordance with your communication with this office, it is our
understanding that you are the designated contact person for this
project. As such, all routine correspondence and reporting activities
throughout the grant year will be directed to your attention. Please notify
us immediately if this designation changes.
If you have any questions on this matter, please do not hesitate to
contact our office. We look forward to working with you this year!
Sincerely,
6Michaela Doherty
Project Planner
Enclosures
MIAMI-DADE COUNTY
CONTRACT
This Contract, made this day of 2009, by and between
Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as
"County") through its Office of Grants Coordination (hereinafter referred ito as "Department"),
located at 111 N.W. First Street, 19th Floor Miami, FL 33128, and the CITY of OPA LOCKA a
municipality located in Miami-Dade County, Florida (hereinafter referred to as "Provider"). This
Contract provides the terms and conditions pursuant to which the Provider shall provide a
School Resource Officer 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 Contract 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 School Resource Officer Project by providing a portion of the federal funds
awarded to Miami-Dade County to the School Resource Officer Project; and
WHEREAS, the County as contractor/grantee for the State of Florida is authorized to
purchase said services for the School Resource Officer 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:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $4,598. 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.
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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.
III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2009
through September 30, 2010.
IV. CASH MAT CH 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; however a Cash Match is not required for this grant term.
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 11 D-9 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance
Grant Program Application for Funding Assistance and all laws, rules, regulations relating
thereto are incorporated herein by reference as if fully set forth. Furthermore, this award is
subject to all applicable rules, regulations, and conditions as contained in the Financial and
Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs,
Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102,
as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and
policies as may be reasonably prescribed by the State or Federal Government consistent with
the purposes and authorization of Public Law 90-351, as amended, and Public Law 100-690.
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 11 D-9, 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
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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. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract. Nothing herein shall be construed to extend any party's liability
beyond that provided in section 768.28, Florida Statutes.
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.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing School Resource Officer services shall have appropriate licenses,
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.
XI. 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
at 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.
Nepotism. Notwithstanding the aforementioned provision, no relative of any officer,
board of director, manager, or supervisor employed by the Provider shall be employed by the
Provider unless the employment preceded the execution of this Contract by one (1) year. No
family member of any employee may be employed by the Provider if the family member is to be
employed in a direct supervisory or administrative relationship either supervisory or subordinate
to the employee. The assignment of family members in the same organizational unit shall be
discouraged. A conflict of interest in employment arises whenever an individual would otherwise
have the responsibility to make, or participate actively in making decisions or recommendations
relating to the employment status of another individual if the two individuals (herein sometimes
called "related individuals") have one of the following relationships:
1. By blood or adoption: Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece;
2. By marriage: Current or former spouse, brother- or sister-in-law, father- or mother-in-
law, son- or daughter-in-law, step-parent, or step-child; or
3. Other relationship: A current or former relationship, occurring outside the work setting
that would make it difficult for the individual with the responsibility to make a decision or
recommendation to be objective, or that would create the appearance that such individual could
not be objective. Examples include, but are not limited to, personal relationships and significant
business relationships.
For purposes of this section, decisions or recommendations related to employment status
include decisions related to hiring, salary, working conditions, working responsibilities,
evaluation, promotion, and termination.
An individual, however, is not deemed to make or actively participate in making decisions or
recommendations if that individual's participation is limited to routine approvals and the
individual plays no role involving the exercise of any discretion in the decision-making
processes. If any question arises whether an individual's participation is greater than is
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permitted by this paragraph, the matter shall be immediately referred to the Miami-Dade County
Commission on Ethics and Public Trust.
This section applies to both full-time and part-time employees and voting members of the
Provider's Board of Directors.
No person, including but not limited to any officer, board of directors, manager, or
supervisor employed by the Provider, who is in the position of authority, and who exercises any
function or responsibilities in connection with this Contract, has at the time this Contract is
entered into, or shall have during the term of this Contract, received any of the services, or
direct or instruct any employee under their supervision to provide such services as described in
the Contract. Notwithstanding the before mentioned provision, any officer, board of directors,
manager or supervisor employed by the Provider, who is eligible to receive any of the services
described herein may utilize such services if he or she can demonstrate that he or she does not
have direct supervisory responsibility over the Provider's employee(s) or service program.
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., §2000d 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.
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:
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If to the COUNTY:
Miami-Dade County
Office of Grants Coordination
111 NW First St., 19th Floor
Miami, Florida 33128
Attention: Ms. Michaela Doherty
If to the PROVIDER:
Opa-Locka Police Department
2495 Ali Baba Ave
Opa Locka, FL 33054
Attention: Cpl. Tony Lacks
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 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.
XV. 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 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 XII 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 E); (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 E); (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 timely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. County Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. In the event of termination, the County may: (a)
request the return of all finished or unfinished documents, data studies, surveys, drawings,
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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 Mayor or Mayor's designee 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
at least thirty (30) days prior to the effective date of such termination. The County Mayor or
Mayor's designee 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.
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A. Budget Variance. Funds may be shifted between approved line items, not to
exceed ten percent (10%) of the total budget, without a written amendment. Variances greater
than ten percent (10%) 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
School Resource Officer Project using the Quarterly Expenditure Report as it appears in
Attachment D, and to do so on a quarterly basis, as stated in Section XIX. B.2. The Quarterly
Expenditure Report shall be prepared in a manner in accordance with the form provided in
Attachment D. The final Quarterly Expenditure Report shall be submitted by October 15, 2010.
D. The Provider agrees to mail all Quarterly Expenditure Reports to the address
listed above, Section XIII.
E. The County agrees to review Expenditure Reports 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
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
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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 disposal and sale price; 2) a physical inventory of the
property must be taken and the results reconciled with the property records at least once every
two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss,
damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider
as 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 three (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 three-year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
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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.
A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Contract. In accordance with contract requirements
from the State of Florida, records for the School Resource Officer 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 Contract.
B. Reporting Requirements.
1. Quarterly Project Performance Report. The Provider shall submit the
Quarterly Project Performance Report to the Office of Grants Coordination by January 5, April
5, July 5, and October 5, 2010 covering the Contract activity for the previous quarter. The
Quarterly Project Performance Report shall be submitted in the format and using the form
attached hereto as Attachment C.
2. Quarterly Expenditure Report. The provider shall submit the Quarterly
Expenditure Report with supporting documentation to the Office of Grants Coordination by
January 15, April 15, July 15, and October 15, 2010 covering the expenditures to be reimbursed
for the previous quarter. The Quarterly Expenditure Report shall be submitted in the format and
using the form attached hereto as Attachment D.
3. Other Required Reports. The Provider shall submit other reports as may
be required by the Office of Grants Coordination during the program year.
C. Changes to Reporting Requirements. The Provider understands that the
County may at any time require changes in data collected, records or reporting, as 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 Contract. 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.
Created on 9/3/2009 3:07 P;11 Page 9 of 14
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
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 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 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.
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 Contract 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
Created on 9/3/2009 3:07 P:11 Page 10 of 14
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.
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, and 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, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
D. Double Payments. Provider costs claimed under this Contract may not also
be claimed under another contract or grant from the County or any other agency.
Any claim for double payment by Provider shall be considered a material breach
of this Contract.
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 Mayor or Mayor's designee. 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.
Created on 9/3/2009 3:07 PM Page 11 of 14
The County and Provider mutually agree that amendments of the Scope of Service, line item
budget of more than ten percent (10%) 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 Mayor or Mayor's designee 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.
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 Miami-Dade County, 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 F. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment F without prior written approval of the County.
G. Review of this Contract. Each party hereto represents and warrants that they
have consulted with their own attorney concerning each of the terms contained in this Contract.
No inference, assumption, or presumption shall be drawn from the fact that one party or its
attorney prepared this Contract. It shall be conclusively presumed that each party participated
in the preparation and drafting of this Contract.
H. 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.
Created on 9/3/2009 3:07 Pr►1 Page 12 of 14
I. Total of Contract/Severability of Provisions. This fourteen (14) 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
Attachment D Quarterly Expenditure Report
Attachment E: Miami-Dade County Affidavits
• Attachment E1: Code of Business Ethics
Attachment E2: Miami-Dade County Debarment Disclosure Affidavit
Attachment E3: State Public Entities Crime Affidavit
Attachment F: 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.
INTENTIONALLY LEFT BLANK
Created on 9/3/21109 3:07 PM Page 13 of 14
it
IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of
its Attachments, 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: MIAMI-DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
By: By:
DEPUTY CLERK GEORGE M. BURGESS
COUNTY MANAGER
Created on 9/3/2009 3:07 PM Page 14 414
SUMMARY OF ATTACHMENTS
ATTACHMENT A Scope of Services
ATTACHMENT B Program Budget
ATTACHMENT C Quarterly Project Performance Report
ATTACHMENT D Quarterly Expenditure Report
ATTACHMENT E Miami-Dade County Affidavits
ATTACHMENT El Code of Business Ethics
ATTACHMENT E2 Miami-Dade County Debarment Disclosure Affidavit
ATTACHMENT E3 State Public Entities Crime Affidavit
ATTACHMENT F Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name: OPA LOCKA Contact Person: Cpl. F. Lacks
Address: 2495 Ali Baba Ave., Contact Numbers: 0 (786) 285-1316
Opa Locka, FL 33054 F (305) 953-3417
Program Area: School Resource Officer Program Dates: 10/01/09 through 09/30/10
Program Name: RADKid Project Target Population: School Age Youth
Problem Identification
The City of Opa-Locka is a small municipality in the north central area of Miami-Dade County, with
limited resources serving a population with many needs. Opa-Locka has one of the highest overall
crime rates in the County, and a significantly disproportionate level of violent crime, including child
murder and other violence against young children. Many children who reside in Opa-Locka are
frequently exposed to violence in their communities and have little opportunity to learn appropriate
skills to help them cope and keep them safe. There is a clear and compelling need for a
comprehensive child safety program targeting all the children attending Opa-Locka elementary
schools. This remains an important priority for both the Police Department and the community.
Program Description
The Department intends to expand the scope of its School Resource Officer function to increase and
improve the range and effectiveness of its child safety programming efforts. In addition to traditional
SRO functions, we would like to utilize the funding to provide training and associated travel expenses
for the SRO officer in the RADKid program. This training will add a widely endorsed child safety
program specifically designed for elementary school students to the tool belt of the SRO. The
equipment purchases are necessary to enhance classroom presentations by using the RADKid
specialized props and materials.
The SRO officer will continue to offer crime prevention presentations and counseling for both
students and parents during the upcoming grant year. The department's future plan will be to
incorporate the RADKid curriculum as part of their crime prevention initiative, once the officer's
training and certification are completed and the requisite equipment is procured. Crime prevention
classes conducted by the SRO will reinforce basic child safety concepts and will provide information
and resources beneficial to both parents and students. JAG funds will be used to provide for training
and equipment to support RADKid program activities for the following school year and become a
permanent departmental function of Opa-Locka's school policing services.
Jurisdiction Name: OPA LOCKA Contact Person: Cpl. F. Lacks
Address: 2495 Ali Baba Ave., Contact Numbers: 0 (786) 285-1316
Opa Locka, FL 33054 F (305) 953-3417
Program Area: School Resource Officer Program Dates: 10/01/09 through 09/30/10
Program Name: RADKid Project Target Population: School Age Youth
Required Activities Planned Measures Monitoring Plan
Conduct 30 counseling sessions The Provider shall be The Provider is to submit the
for students during the grant responsible for: following information to the
year. County in a complete and timely
Officers to conduct: manner:
Provide 10 counseling sessions
for parents during the grant year. Crime prevention classes Program Plan and Activity
Parent counseling Schedule.
Conduct 12 crime prevention Student counseling
class presentations during the Make student referrals Copies of invoices and
grant year. cancelled checks for materials
Train officers for an upcoming purchased.
RADKid program.
Schedule of Outreach Meetings
Purchase program equipment &Activities
for a RADKid program.
ATTACHMENT B
PROGRAM BUDGET Attachment B
Jurisdiction Name: OPA LOCKA Contact Person:Cpl. F. Lacks
Program Area: School Resource Officer 0(786)285-1316 F(305)953-3417
Program Name: School Resource Officer Program Dates: 10/01/09-09/30/10
Salaries and Benefits,Total $0
Contractual Services,Total $0
Operating Capital Outlay, Total $0
Expenses,Total $4,598
RadKIDS Instructor Training $425
Travel for training $633
RadKIDS Simulation Suit&student packs $2,000
Kicking shields $120
Blocking pads $120
Simulation Dummy $325
Instructor shirts 3 @$35 $105
Parent Manuals 50 @$5 ea $250
Sam's Secret Book 2 @$10 ea $20
Flip Chart $150
Program Banners $250
Promotional DVD $10
Lapel pins=$20 $20
Stickers=$20 $20
Student wrist bands $150
Total Budget $4,598
9/17/2009,Op$10
ATTACHMENT C
Edward Byrne Memorial Justice Assistance Grant Program
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
SCHOOL RESOURCE OFFICER PROJECT
Fiscal Year 2009/2010
(City)
(Project Name)
(Name of Person Completing Form) (Title) (Phone)
Report-Number Quarterly Period Report Due Dates,:
1 October 1 - December 31 January 5
2 January 1 - March 31 April 5
3 April 1 -June 30 July 5
4 July 1 -September 30 October 5
•Report Ntirither s Quarterly Period Report Suorrtissioit Efate`
Note: Those questions that are directly related to your program have been highlighted for your
convenience. All questions must be answered and explained in the NARRATIVE portion of this report.
Any report not received by January 5; April 5; July 5; and/or October 5,will result in the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
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ATTACHMENT D
Attachment D
Edward Byrne Memorial Justice Assistance Grant
Quarterly Expenditure Report
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2 January 1 — March 30 April15
3 April 1 —June 30 July 15
4 July 1 — September 30 October 15
�3^�ry,°�*£ ' '.�":y �J r0`�
Edward Byrne Memorial Justice Assistance Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(To Be Copied on Jurisdiction Letterhead)
City: Date of Claim:
Project Name: Claim Number:
Telephone: Claim Period:
Name of Person Completing Form:
1. Total Federal Budget $ 2. Amount This Invoice $
3. Amount of Previous Invoices $ . 4. Remaining Budget Balance $
(Subtract lines 2&3 from line 1)
Sub Object Budget Line Item Exceeds Federal Category
Code Categories Disallowed Budget Funds Totals
Salaries&
Benefits
Contractual
Services
Operating/
Capital Equipment
Expenses
Total Claim
We request payment in accordance with our contract agreement in the amount of 100%of the Total Costs for this
Claim$
Attached,please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and
none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within
the contractual scope of services and all of the goods and services have been received,for which reimbursement is requested.
Respectfully submitted,
Chief of Police/Other City Official Payment Approved, Miami Dade County
IMiami Dade County Page 2 of 3
'School Resource Officer
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS-Payroll Expenses
City: Date of Claim:
Project Name: Claim Number:
Name Date of Type of Total
Officer/Staff Activity Activity* Hours
(Presentation,Parent Meeting,Field trip,etc.)
TOTAL HOURS . AT$ . PER HOUR = $
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF$ IS CORRECT.
OFFICER/STAFF SIGNATURE:
OFFICER/STAFF SOCIAL SECURITY NUMBER:
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
Note: Payroll registers,time sheets and OT slips,documenting payroll expenses,must be attached to process this payment.
Miami Dade County Page 3 of 3
'School Resource Officer
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment,Supplies,Material Expenses)
City: Date of Claim:
Project Name: Claim Number:
Item Date Check
Vendor Description Paid Number Amount
•
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment
ATTACHMENT E
ATTACHMENT E
JAG/BYRNE GRANT ADMINISTRATION
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT;,and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its depaltarents or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
I, ,being first duly sworn state:
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting business with
Miami-Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification Number(If none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As(if same as above, leave blank)
Street Address City State Zip Code
_I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec. 2-8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are(Post Office addresses are not acceptable):
Full Legal Name Address Ownership
1 of 5
2. The full legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest(legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00)or imprisonment in the County jail for up to sixty(60)days or both.
_II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT(County Ordinance No. 90-
133,Amending sec. 2.8-1; Subsection(d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown(number of persons)of your firm's
work force and ownership as to race,national origin and gender:
White: Males Females Asian: Males Females
Black: Males Females American Indian: Males Females
Hispanics: Males Females Aleut(Eskimo): Males Females
Males Females: Males Females
_III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii)a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discriminatory employment and
procurement policies, and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
2 of 5
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of$5,000,000.
The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors is
representative of the population make-up of the nation and has submitted a written,detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of$5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. 1st Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above,but has been granted a waiver.
IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County has
has not as of the date of this affidavit been convicted of a felony during the past ten(10)years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has has not as of the date of this affidavit been convicted of a felony during the past
ten(10)years.
V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance No.
92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 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 firm's policy of maintaining a drug-free environment at all workplaces
3. availability of drug counseling,rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
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VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section 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 has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty-four(24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however,pertain to municipalities of this State.
_VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor,or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
_VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2-8.1(c)of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
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X. PROJECT FRESH START(Resolutions R-702-98 and 358-99)
Any firm that has a contract with the County that results in actual payment of$500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5%)of the firm's work force consists of individuals who reside in Miami-Dade County and who have
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,the firm may
request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At 11A-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 11A-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty(50)or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years,to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and
have indicated by an"X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits
that do not pertain to this contract.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed)before me this day of
200_ by . He/She is personally
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public—Stamp State of Notary Seal
(State)
5of5
ATTACHMENT El
ML4MI-DADE COUNTY FLORIDA ATTACHMENT El
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 affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby
agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the
Proposer must identify the difference(s) on a separate document attached to Form A-12.
Compliance with Government Rules and Regulations
• We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
• In dealing with government agencies and employees, we will conduct business in accordance
with all applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitment, Selection and Compensation of Contractors Consulting, Vendors, and Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
9/16/2009 Page 1 of 3
MIAMI-DADE COUNTY,FLORIDA
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 actually performed. We will abide by all contracting and
subcontracting regulations.
• We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise
channel kickbacks from contracts awarded, to government officials, their family members or
business associates.
• We, the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation in political campaigns.
Public Life and Political Campaigns
• We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
• Our contributions to political parties, committees or individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
• We, the undersigned Proposer will not contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
9/16/2009 Page 2 of 3
MIAMI-DADE COUNTY,FLORIDA
• We, the undersigned Proposer will not knowingly disseminate false campaign information or
support those who do.
Pass-through 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 overhead fee requirements, whereby the prime firm requires the MBE firm to rent
space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of
space, equipment, secretary, etc;
MBE Staff Utilization
• This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE participation is purported, the contract shall
specify essential terms including, but not limited 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:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200_ by . He/She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
9/16/2009 Page 3 of 3
ATTACHMENT E2
Attachment E2
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:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed)before me this day of
200_ by . He/She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public—Stamp State of Notary Seal
(State)
5/01
ATTACHMENT E3
Attachment E3
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to Miami-Dade County
by
(print individual's name and title)
for
(print Name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number(FEIN)is
If the entity has no FEIN,include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States,including,but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict,non jury trial,or entry of a
plea of guilty or nolo contendere.
4. I understand that an"affiliate"as defined in paragraph 287.133(1)(a),Florida Statutes,means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person,or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case 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.
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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 entity. The term "person" includes those officers, executives, partners, shareholders,
employees, members,and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement,nor any of its officers,directors,executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1,1989.
The entity submitting this sworn statement,or one or more of its officers,directors,executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 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 Identification Notary Public-State of
My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
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ATTACHMENT F
ATTACHMENT F
JAG/BYRNE GRANT ADMINISTRATION
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 Provider must submit the list of first tier
subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this
Contract is for$100,000 or more.
The Provider must complete this information. If the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used"; do not state "N/A".
NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
The Provider must fill out this information. If the Provider will not use suppliers, the Provider must
state "No suppliers will be used", do not state"N/A".
NAME OF SUPPLIER ADDRESS CITY AND STATE
No suppliers will be used.
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title: Date:
Firm Name: Fed. ID No.
Address: City/State/Zip:
Telephone: ( ) Fax: ( ) E-mail:
MIAMI-DADE COUNTY
DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
CHECKLIST FOR CONTRACT COMPLETION
AND SIGNATURES
1. Mayor/City Manager to sign and affix Corporate Seal on page 12 of each
Contract (4 copies).
2. Attachment E: Miami-Dade County Affidavits- Complete page 1 and
answer enumerated questions with an "X" if it pertains to contract or
"N/A" if it does not apply. Page 5 must be signed AND notarized.
3. Attachment El: Code of Business Ethics- Page 3 must be signed AND
notarized.
4. Attachment E2: Miami-Dade County Debarment Disclosure Affidavit-
must be signed AND notarized.
5. Attachment E3: State Public Entities Crime Affidavit- ALL blank spaces
on Pages 1 & 2 must be filled in. Please note the TWO options on Page
2; form must then be signed AND notarized.
6. Attachment F: Provider's Disclosure of Subcontractors and
Suppliers- Fill in name and address of municipality, type in "No
subcontractors will be used", and "No suppliers will be used" under
respective items. Do not state "N/A" and do not leave blank. The bottom
section must be signed and completed.
Be sure to complete a checklist on each contract package prior to returning them
to this office. This will avoid errors and omissions that delay execution of your
contract. If you have any questions about the contract or attachments, please
call Michaela Doherty at (305) 375-2108, or email at mic3Ccmiamidade.gov.
OPA LOCKA
FY10
CONTRACT PACKAGE