HomeMy Public PortalAbout10-8002 Crime Prevention Program Sponsored by: City Manager
Resolution No. 10- g 0 0 2
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 MIAMI-DADE COUNTY OFFICE OF
GRANTS COORDINATION IN THE AMOUNT OF FORTY
ONE THOUSAND SIX HUNDRED AND FIFTY DOLLARS
($41,650) FOR THE CITY OF OPA-LOCKA CRIME
PREVENTION PROGRAM FOR FISCAL YEAR 2010;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka, Florida ("City") is committed to finding external
sources of funding from county, state and federal grants; and
WHEREAS, the City has been awarded grant funds from Miami-Dade County Office of
Grants Coordination, in the amount of Forty One Thousand Six Hundred and Fifty Dollars
($41,650); and
WHEREAS,the awarded grant funds are to be utilized for various crime prevention services
for Fiscal Year 2010; and
WHEREAS,the City Commission of the City of Opa-locka, Florida, desires to accept the
award of grant funds for the City's crime prevention program.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
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 Miami-Dade Office of Grants Coordination in
Resolution No. 10-S 0 0 2
the amount of Forty One Thousand Six Hundred and Fifty Dollars ($41,650) for the City of Opa-
locka Crime Prevention Program for Fiscal Year 2010.
Section 3. The City Manager is hereby authorized to enter into and execute the necessary
agreement(s) to effectuate the award of grant funds, in substantially the form attached hereto, as
approved by the City Attorney.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13 day of JANUARY , 2010.
L. KELLEY
M OR
Attest to: Approved a• to form an. le_al •►fP iency:
DO' A H . RBY JOS l ' l ELLER, ESQUIRE
CITY CLERK IN I ' RIM ITY ATTORNEY
01 /13/2010
DATE
Moved by: HOLMES
Second by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorothy Joh
Commissioner Timot olmes
Commissioner RI:- ydus
FROM: Bryan K. Finnie,In : City Manager
DATE: December .
RE: Acc• .nce and Authorization of Miami-Dade County funds for the City of
1 a locka Youth Crime Prevention Program.
Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA AUTHORIZE THE ACCEPTANCE OF THE MIAMI-
DADE COUNTY IN THE AMOUNT OF FORTY-ONE THOUSAND SIX
HUNDRED AND FIFTY DOLLARS ($41,650.00)/
Description: The proceeds from the award will be used to prevent at-risk youth between the ages of eight
(8) to eighteen (18) years of age from becoming involved in or returning to criminal or
deviant activities.
Financial Impact: No Fiscal Impact. One hundred percent of the proceeds are grant dollars. Proceeds
will be posted in the revenue account number 172-337-500.
Implementation Timeline: Immediately
Legislative History: None
Recommendation(s): Staff recommends approval.
Analysis: This recommendation is based on the Miami-Dade Contract.
Attachments: Contract
PREPARED BY: Charmaine Parchment
CERTIFICATE OF CORPORATE RESOLUTIONS,
CORPORATE STATUS AND INCUMBENCY OF
, a Florida Not for Profit Corporation
The undersigned, as President of , a Florida not-
for-profit Corporation(the "Corporation"), hereby certifies that:
1. The Corporation is a duly formed, validly existing corporation in good
standing under the laws of the State of Florida.
2. By the unanimous written consent of the Board of Directors of the
Corporation, the following resolutions were adopted as of 2009, and the same have
not been revoked, cancelled, annulled or amended in any manner and are in full force and effect
on the date hereof:
WHEREAS, the Corporation has been awarded Contract # for the
provision of social/crime prevention services to Miami-Dade County ("the
Contract"), Fiscal Year 20 -20 in the total amount of
$ .00;
WHEREAS, the Corporation desires to fulfill its contractual responsibilities and
accomplish the objectives in the Contract's Scope of Services;
WHEREAS, a quorum was present and voted for the passage of these resolutions,
NOW THEREFORE, BE IT RESOLVED, that the Corporation, on its own
behalf, approves the Contract.
FURTHER RESOLVED, that the Corporation ratifies the execution of the
Contract by and between the Corporation and the County.
FURTHER RESOLVED, that the Corporation hereby authorizes the execution
and delivery of the Contract and all attachments required to be executed and
delivered by the Corporation in connection with the Contract, which are necessary
or appropriate to consummate the Contract.
FURTHER RESOLVED, that the President, the Vice President, the Secretary, any
other officer of the Corporation or any other duly authorized representative
employed by the Corporation listed below, acting alone in either case, with full
power of substitution, be and hereby is authorized to execute and deliver, and the
Secretary of the Corporation is hereby authorized to (but is not required to) affix
the seal of the Corporation to and attest the same upon the Contract, but with such
modifications and additional provisions as the officer of the Corporation
executing the same may deem advisable. All of the documents executed and
delivered as aforesaid shall be and constitute the acts and obligations of the
Corporation.
FURTHER RESOLVED, that the Corporation hereby ratifies and confirms the
acts of its officer or duly authorized representative employed by the Corporation
executing and delivering all such documents and instruments, including but not
limited to: the Contract, any amendments, payments requests, and budget
modifications attendant to the Contract, regardless of whether such acts were
performed before or subsequent to the date of the adoption of this Resolution.
FURTHER RESOLVED, that the Corporation directs its officers and employees
to perform all of the Corporation's obligations and undertakings under the
Contract.
FURTHER RESOLVED, that these Resolutions shall continue in full force and
effect and may be relied upon by the Corporation and the County, until receipt of
written notice of any change therein.
3. The following persons are hereby authorized by the Corporation to
execute and deliver all such documents and instruments related to the Contract, including
but not limited to: any amendments, payments requests and budget modifications
attendant to the Contract, regardless of whether such acts were performed before or
subsequent to the date of the adoption of this Resolution.
NAME TITLE SIGNATURE
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the
Corporation's corporate seal as of the day of , 2009.
Printed Name:
Signature:
Title:
(Corporate Seal)
OGC 010(Revised 10/1/09)
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10-OPAL-CB
FY 2009-10 County General Funds
Ordinance #9-83 and 9-85
AGREEMENT
This Agreement made and entered into as of this day of , 2009,
by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter
referred to as "County"), having its principal office at 111 N.W. 1St Street, 19th Floor, Miami,
Florida 33128 and City of Opa Locka, a corporation organized and existing under the laws of the
State of Florida, having its principal office at 780 Fisherman Street, Opa Locka, Florida 33054
(hereinafter referred to as "Provider"), states conditions and covenants for the rendering of
human and social services (hereinafter referred to as-"Services") forthe County
WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform
hwelth-aud=we'fare ottie-rettdentc tt _ .c lit . •_r . erprovides-that a_tt functions
not otherwise specifically assigned to others under the Charter shall be performed under the
supervision of the Mayor or the Mayor's designee; and
WHEREAS, the Provider provides or will develop services of value to the County and
has demonstrated an ability or desire to provide these services; and
WHEREAS, the County is desirous of assisting the Provider in providing those services
and the Provider is desirous of providing such services; and
WHEREAS, the County has appropriated funds for the proposed services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
The following words and expressions used in this Agreement shall be construed as follows,
except when it is clear from the context that another meaning is intended:
a) The words "Agreement" "Contract" or "Contract Documents" shall mean collectively
these terms and conditions, the Scope of Services (Attachment A) and the Budget
Documents (Attachment B) and all other attachments hereto, as well as all amendments
or budget revisions issued hereto.
b) The words "Contract Manager" shall mean Miami-Dade County's Director of the Office
of Grants Coordination ("OGC") or the Director's designee, or the duly authorized
representative designated to manage the Contract.
c) The word "Days" shall mean Calendar Days, unless otherwise specifically noted.
d) The word "Deliverables" shall mean all documentation and any items of any nature
submitted by the Provider to the County's Contract Manager for review and approval
pursuant to the terms of this Agreement.
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e) The words "directed", "required", "permitted", "ordered", "designated", "selected",
"prescribed" or words of like import to mean respectively, the direction, requirement,
permission, order, designation, selection or prescription of the County's Contract
Manager; and similarly the words "approved", acceptable", "satisfactory", "equal",
"necessary", or words of like import to mean respectively, approved by, or acceptable or
satisfactory to, equal or necessary in the sole discretion of the County's Contract
Manager.
f) The words "Effective Term" shall mean the date on which this Agreement is effective,
including start date and end date.
g) The words "Extra Work" or "Change Order" or "Additional Work" shall mean resulting in
Services as re q uired in this-Agreement; as directed-and/or a pp roved by the County _-
h) "HIPAA" means Health Insurance Portability and Accountability Act of 1996.
i) The words "Scope of Services" shall mean the document appended hereto as
Attachment A, which details the work to be performed by the Provider.
j) The word "subcontractor" or "subconsultant" shall mean any person, entity, firm or
corporation, other than the employees of the Provider, who furnishes labor and/or
materials, in connection with the Work, whether directly or indirectly, on behalf and/or
under the direction of the Provider and whether or not in privity of Agreement with the
Provider.
k) The words 'Work", "Services" "Program", or "Project" shall mean all matters and things
required to be done by the Provider in accordance with the provisions of this Agreement.
I) "Service Authorization Agreement" (Attachment K) shall mean the previous Agreement
signed by the Provider, which included initial draft Scope(s) of Service and Budget
Documents. This Service Authorization Agreement was designed to allow for the
continuity of services and for the payment of an advance to the Provider. Any funds that
were forwarded under the Service Authorization Agreement shall be accounted for and
subtracted from any funds due under this Contract. The terms of this executed Contract
shall supersede the terms of the Service Authorization Agreement.
ARTICLE 2. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable
for services rendered under this contract shall not exceed:
Crime Prevention Program $41,650
The Provider acknowledges that the above amount reflects the original contract amount and
that any funds paid out pursuant to the Service Authorization Agreement previously executed by
the Provider shall be subtracted from the amount(s) above.
Both parties agree that should available County funding be reduced, the amount payable under
this Contract may be proportionately reduced at the sole discretion and option of the County.
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All services undertaken by the Provider before the County's execution of this Contract shall be
at the Provider's risk and expense.
It is the responsibility of the Provider to maintain sufficient financial resources to meet the
expenses incurred during the period between the provision of services and payment by the
County.
ARTICLE 3. SCOPE OF SERVICES
The Provider shall render services in accordance with the Scope of Services
incorporated herein and attached hereto as Attachment A.
The Provider shall implement the Scope of Services as described in Attachment A in a
manner deemed satisfactory to the County.- Any modification or amendment to-the-Scope-o
Services shall not be effective until approved by the County and Provider in writing.
s-------- ARTICLE 4 B ?G ET SUMMARY — _.-- _,...m- _
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.
The Provider may shift funds between existing line items: 1) without a budget revision, if
the change to the line item does not exceed fifteen percent (15%); or 2) with a budget revision
requested by the Provider's President, Vice President, Executive Director, or other designated
representative as stated on the Authorized Signature Form attached hereto, and approved by
the OGC, if the changes to a line item exceed fifteen percent (15%). A budget revision is also
required in order to add new line items. Please note: In no event shall expenditures in any
approved budget line item exceed fifteen (15) percent of that line item. The approved Budget
Revision shall replace Attachment B in its entirety.
In no event shall the budget include a line item for indirect costs in excess of fifteen
percent (15%) of the total budget. If the budget includes a line item for indirect costs of less
than fifteen percent (15%) of the total budget, then the Provider must clearly describe the line
item in the budget narrative.
The Provider may request a budget revision to amend the budget no more than twice
during the term of this Agreement. A request for a budget revision must be submitted to OGC
no later than forty-five (45) days prior to the expiration of this Agreement.
ARTICLE 5. EFFECTIVE TERM
Both parties agree that the effective term of this Agreement shall commence on October
1, 2009 and terminate at the close of business on September 30, 2010.
ARTICLE 6. INDEMNIFICATION BY PROVIDER
A. Government Entity. Government entity shall indemnify and hold harmless the
County and its officers, employees, agents and instrumentalities from any and all liability, losses
or damages, including 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
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performance of this Agreement by the government entity or its employees, agents, servants,
partners, principals or subcontractors. Government entity shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat.,
subject to the provisions of that Statute whereby the government entity shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person which exceeds
the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgment paid by the government entity arising out of the same incident or
occurrence, exceed the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the
govet nment entity.
B. All Other Providers. Provider shall indemnify and hold harmless the County
and its officers, employees, agents and instrumentalities from any and all liability, losses or
-6__damages, including attorne sl-fees and costs-of defense-,-whickh the-County- 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 Agreement 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 Agreement 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.
C. Term of Indemnification. The provisions of Article 6 shall survive the expiration
or termination of this Contract.
ARTICLE 7. INSURANCE
If the total dollar value of all County contracts with the Provider exceeds $25,000 then the
following insurance coverage is required:
A. Government Entity. If the Provider is the State of Florida or an agency or
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. The provider shall also furnish
the County, upon request, written verification of Workers Compensation protection in
accordance with Florida Statutes, Chapter 440.
B. All Other Providers.
1. Minimum Insurance Requirements: Certificates of Insurance. The
Provider shall submit to Miami-Dade County, do Office of Grants Coordination (OGC), 111
N.W. 1st Street, 19th Floor, Miami, Florida 33128-1994, original Certificate(s) of Insurance
indicating that insurance coverage has been obtained which meets the requirements as outlined
below:
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A. All insurance certificates must list the COUNTY as "Certificate Holder" in the
following manner:
Miami-Dade County
111 N.W. 1st Street, Suite 2340
Miami, Florida 33128
B. Worker's Compensation Insurance for all employees of the SERVICE
PROVIDER as required by Florida Statutes, Chapter 440.
C. Commercial General Liability Insurance in an amount not less than $300,000
combined single limit per occurrence for bodily injury and property damage.
Miami-Dade County must be shown as an additional insurcd with respcct to
— th1s coverages
D. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles
-- use in-c6rmecti-o-rrwith-th Work-provided-under this-Agreem e in-arramount
not less than $300,000* combined single limit per occurrence for bodily injury and
property damage.
*NOTE: For SERVICE PROVIDERS supplying vans or mini-buses with seating
capacities of fifteen (15) passengers or more, the limit of liability required for Auto
Liability is $500,000.
E. Professional Liability Insurance in the name of the SERVICE PROVIDER, when
applicable, in an amount not less than $250,000.
F. All insurance policies required above shall be issued by companies authorized to
do business under the laws of the State of Florida, with the following
qualifications:
1. The company must be rated no less than "B" as to management, and no
less than "Class V" as to financial strength, according to the latest edition
of Best's Insurance Guide published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the COUNTY's
Risk Management Division.
OR
2. The company must hold a valid Florida Certificate of Authority as shown
in the latest "List of All Insurance Companies Authorized or Approved to
Do Business in Florida," issued by the State of Florida Department of
Insurance, and must be a member of the Florida Guaranty Fund.
G. Certificates will indicate that no modification or change in insurance shall be
made without thirty (30) days advance written notice to the Certificate Holder.
H. Compliance with the foregoing requirements shall not relieve the SERVICE
PROVIDER of its liability and obligations under this Section or under any other
section of this Agreement.
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I. The COUNTY reserves the right to inspect the SERVICE PROVIDER'S original
insurance policies at any time during the term of this Agreement.
J. Applicability of Article XI of this Agreement affects SERVICE PROVIDERS
whose combined total award for all services funded under this Agreement
exceed a $25,000 threshold. In the event that the SERVICE PROVIDER whose
original total combined award in less than $25,000, but receives additional
funding during the contract period which makes the total combined award exceed
$25,000, then the requirements in Article XI shall apply.
K. Failure to Provide Certificates of Insurance. The Contractor shall be
responsible for assuring that the insurance certificates required in conjunction
w4th this Section remain in force for the duration of the effective terirrof this
Agreement If insurance certificaJes are scfied ied-to expire the
term, the Provider shall be responsible for submitting new or renewed insurance
certificates to the County prior to expiration.
In the event that expired certificates are not replaced with new or renewed
certificates which cover the effective term, the County may suspend the
Agreement until such time as the new or renewed certificates are received by the
County in the manner prescribed herein; provided, however, that this suspended
period does not exceed thirty (30) calendar days. Thereafter, the County may, at
its sole discretion, terminate this Agreement.
ARTICLE 8. PROOF OF LICENSURE/CERTIFICATION AND BACKGROUND
SCREENING
A. Licensure. If the Provider is required by the State of Florida or Miami-Dade
County to be licensed or certified to provide the services or operate the facilities outlined in the
Scope of Services (Attachment A), the Provider shall maintain a copy of all required current
licenses or certificates. This documentation should remain on file at the Provider agency and
shall be made available to the County for on-site review and audit. Examples of services or
operations requiring such licensure or certification include but are not limited to child care, day
care, nursing homes, and boarding homes.
If the Provider fails to furnish the County with the licenses or certificates requested under
this Section, the County shall not disburse any funds until it is provided with such licenses or
certificates. Failure to provide the licenses or certificates within forty-five (45) days of the
County's request may result in termination of this Agreement.
B. Background Screening. In the event criminal background screening is
required by law, the State of Florida and/or the County, only employees and subcontracted
personnel with a satisfactory national criminal background check through an appropriate
screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law
Enforcement or Federal Bureau of Investigation) may work in direct contact with juveniles.
Unless specifically requested by the County in writing, the Provider is not required to
submit any background screening information to the County. This documentation should remain
on file at the Provider agency and shall be made available to the County for on-site review and
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audit. When applicable, if the Provider fails to furnish the County with proof of the satisfactory
background screening required under this Article, the County shall not disburse any funds until
the County is provided with documented proof that the required background screening was
initiated.
The County requires that only employees and subcontracted personnel with a
satisfactory background check as described in Section 39.001 (2), Florida Statutes and through
an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida
Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with
juveniles.
Pursuant to Section 985.01 2(a) Florida Statutes, "each contract entered into...for services
delive ed on an appointment or intermittent basis by a provider that does not have regular
custodiat responsibitlty for childreq... must-ensure that the owners, operators,and atrpersonnefi
who have direct contact with children are of good moral character..." In order to ensure this
condition "(b) The Department of Juvenile Justice... shall require employment screening
-purse ant t nhapte 43 –using the tevet 2—standards-set forth`-rr that-chapter for-persarmetin-
programs for children or youths."
Pursuant to the above passages from Florida Statutes, it is required that all provider agency
personnel working directly with children must have a completed Level 1 Screening response
from the Florida Department of Law Enforcement that indicates that there has been no prior
involvement in any of the disallowed conditions, before beginning work with client youths. Level
1 Screenings can be accomplished electronically on line with the Florida Department of Law
Enforcement: www.fdle.state.fl.us/CriminalHistory/. In addition, recognizing that Level 2
Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work
directly with clients.
Any employee receiving positive response/responses to any of the enumerated charges as
defined in Level 1 and Level 2 background checks must immediately cease working with
children or youths. All employee personnel files shall reflect the initiation and completion of the
required background screening checks.
From the date of execution of this contract, Provider shall furnish the County with proof that
background screening Level 1 was completed. If the Provider fails to furnish to the County
proof that background screening Level 1 was completed and Level 2 was initiated prior to
working directly with client youths, the County shall not disburse any further funds and this
Contract may be subject to termination at the sole discretion of the County.
The County requires that only employees and subcontracted employees with a satisfactory
background check as described in Section 435.03(3)(a), and through an appropriate screening
agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in
direct contact with the elderly, disabled and persons with mental illness, in settings such as but
not limited to adult day care center, assisted living facilities, home equipment screening nursing
homes, home health agencies (facilities for developmentally disabled, and mental health
treatment facilities.
Within thirty (30) days of execution of this contract, Provider shall furnish the County with proof
that background screening was initiated/completed. If the Provider fails to furnish to the County
proof that background screening was initiated within thirty (30) days of execution of this
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contract, the County shall not disburse any further funds and this Contract may be subject to
termination at the sole discretion of the County.
ARTICLE 9. CONFLICT OF INTEREST
A. 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.
B. No person under the employ of the COUNTY, who exercises any function or
- entered-into, shalt have during the term of this Agreement;any personal-financiat -.._--_--_--
interest, direct or indirect, in this Agreement.
°° -- No-person,-rrcluding but-not-Umited-to-any officer;--board-of-diractors;- -.-
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 Agreement,
has at the time this Agreement is entered into, or shall have during the term of this
Agreement, received any of the services, or direct or instruct any employee under
their supervision to provide such services as described in the Agreement.
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.
D. In accordance with County Ordinance No. 08-113, and the Code of
Miami-Dade County Section 2-8.1.1, collusion in bidding for County contracts is
prohibited. Two (2) or more related parties shall be presumed collusive if each
submits a bid or proposal for any County purchases of supplies, materials and
services (including professional services, other than professional architectural,
engineering and other services subject to Sec. 2-10.4 and Sec. 287.055 Florida
Statutes), lease, permit, concession or management agreements regardless of the
value of the contract being solicited. The Provider is required to submit an affidavit
(see Attachment C of this Agreement) regarding their relation to other bidders for
similar purchases or services, except those excluded from this provision.
ARTICLE 10. 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 on the basis of race, creed, religion, color, sex, familial status, marital status,
sexual orientation, pregnancy, age, ancestry, national origin or handicap; 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. §6101, as amended, which
prohibits discrimination in employment because of age; the Rehabilitation Act of 1973, 29
U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the
Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in
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employment and public accommodations because of disability; the Federal Transit Act, 49
U.S.C. §1612, as amended; and the Fair Housing Act, 42 U.S.C. §3601 et seq. It is expressly
understood that the Provider must submit an affidavit attesting that it is not in violation of the
Acts. 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 Domcstic Violence Leave, codified as §
11A-60 et__seq of the Miami-Dade County Code,which requires an employer, who irr 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 yeas`- - - ---
Failure to comply with this local law may be grounds for voiding or terminating this Agreement or
for commencement of debarment proceedings against Provider.
ARTICLE 11. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT:
Any person or entity that performs or assists Miami-Dade County with a function or
activity involving the use or disclosure of "individually identifiable health information (IIHI)"
and/or "Protected Health Information (PHI)" shall comply with the Health Insurance Portability
and Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards
Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards,
include but are not limited to:
1. Use of information only for performing services required by the contract or as required
by law;
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Provider and reasonable assurances that IIHI/PHI will be
held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the client for review and amendment; and incorporating any
amendments requested by the client;
7. Making PHI available to Miami-Dade County for an accounting of disclosures; and
8. Making internal practices, books, and records related to PHI available to Miami-Dade
County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of
transmission (paper records and/or electronic transfer of data). The Provider must give its
clients written notice of its privacy information practices, including specifically, a description of
the types of uses and disclosures that would be made with protected health information.
Provider must post, and distribute upon request to service recipients, a copy of the County's
Notice of Privacy Practices.
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ARTICLE 12. NOTICE REQUIREMENTS
Notice under this Agreement shall be sufficient if made in writing, delivered personally or
sent via U.S. mail, electronic mail, facsimile, or certified mail with return receipt requested and
postage prepaid, to the parties at the following addresses (or to such other party and at such
other address as a party may specify by notice to others) and as further specified within this
Agreement. If notice is sent via electronic mail or facsimile, confirmation of the correspondence
being sent will be maintained in the sender's files.
If to the COUNTY:
Miami-Dade County
Office of Grants Coordination
111 N.W. 1st Street, 19"4-Floor
IV(iami, Florida 33 -23 —
Attention: Daniel T. Wall, Director
Electronic mail: dtw @miamidade.gov
If to the PROVIDER:
Bryan K. Finnie
City Manager
City of Opa Locka
780 Fisherman Street
Opa Locka, Florida 33054
Electronic mail: ssmith @opalockafl.gov
Either party may at any time designate a different address and/or contact person by giving
written notice as provided above to the other party. Such notices shall be deemed given upon
receipt by the addressee.
ARTICLE 13. AUTONOMY
Both parties agree that this Agreement recognizes the autonomy of the contracting
parties and 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.
ARTICLE 14. SURVIVAL
The parties acknowledge that any of the obligations in this agreement, including but not
limited to Provider's obligation to indemnify the County, will survive the term, termination, and
cancellation hereof. Accordingly, the respective obligations of the Provider under this
agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
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ARTICLE 15. BREACH OF AGREEMENT: COUNTY REMEDIES
A. Breach. A breach by the Provider shall have occurred under this Agreement if:
(1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A)
within the effective term of this Agreement; (2) the Provider ineffectively or improperly uses the
County funds allocated under this Agreement; (3) the Provider does not furnish the Certificates
of Insurance required by this Agreement or as determined by the County's Risk Management
Division; (4) if applicable, the Provider does not furnish upon request by the County proof of
licensure/certification or proof of background screening required by this Agreement; (5) the
Provider fails to submit, or submits incorrect or incomplete, proof of expenditures to support
disbursement requests or advance funding disbursements or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the
Provider does not submit or submits incomplete or incorrect required reports; (1) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate and review the Provider's program; (8) the Provider discriminates under any of the
laws outlined in Article 10 of this Agreement, (9) the Provider, attempts to meet its obligations
-- • : • -- - 0.: : .i, misrcpresc- - =-, . - - - - -- - -•--- ---
Provider fails to correct deficiencies found during a monitoring, evaluation, or review within the
specified time as described and defined in a Corrective Action Plan (CAP); (11) the Provider
fails to issue prompt payments to small business subcontractors or follow dispute resolution
procedures regarding a disputed payment; (12) the Provider fails to submit the Certificate of
Corporate Status, Board of Directors requirement, or proof of tax status; and (13) the Provider
fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements,
and stipulations in this Agreement.; (14) the Provider fails to meet any of the terms and
conditions of the Miami-Dade County Affidavits (Attachment D) or the State Affidavit
(Attachment E); or (15) 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 Agreement.
B. County Remedies. If the Provider breaches this Agreement, the County may
pursue any or all of the following remedies:
1. The County may terminate this Agreement by giving written notice to the
Provider of such termination and specifying the effective date thereof. 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 Agreement (b) seek reimbursement of County funds
allocated to the Provider under this Agreement; (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
Agreement 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;
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3. The County may seek enforcement of this Agreement including but not
limited to filing an action in 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 Agreement through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Agreement by giving written notice to the provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity Shall be
responsible for all direct and indirect costs associated with-such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation, or material misstatement may be
6. Any other remedy available at law or equity.
C. Authorization to Terminate Agreement. The Mayor or the Mayor's designee is
authorized to terminate this Agreement on behalf of the County.
D. Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Contract by the County shall not be deemed a waiver of any rights or remedies,
nor shall it relieve the Provider from performing any subsequent obligations strictly in
accordance with the term of this Contract. No waiver shall be effective unless in writing and
signed by the parties. Such waiver shall be limited to provisions of this Contract specifically
referred to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
E. 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 Agreement, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The County may also pursue any
remedies available at law or equity to compensate for any damages sustained by the breach.
The Provider shall be responsible for all direct and indirect costs associated with such action,
including attorney's fees.
ARTICLE 16. TERMINATION BY EITHER PARTY
Both parties agree that this Agreement 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 Mayor or the Mayor's designee is authorized to
terminate this Agreement on the behalf of the County.
ARTICLE 17. PAYMENT PROCEDURES
The County agrees to pay the Provider for services rendered under this Agreement
based on the payment schedule, the line item budget, or both, which are incorporated herein
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and attached hereto as Attachment B. Payment shall be made in accordance with procedures
outlined below and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance
94-40).
A. Reimbursement and Advances. The parties agree that this is a cost-
basis Agreement and that the Provider shall be paid through reimbursement payment based on
the budget approved under this Contract (See Attachment B) and when complete and proper
documentation of service delivery and incurred expenses are provided to the County. Upon
proper and complete execution of the Service Authorization Agreement or this Contract (to
include proof of insurance), whichever comes first, the County will provide the Provider with
twenty-five percent (25%) of the Contract amount. An advance of more than twenty-five percent
(25%) may be paid to the Provider if approved in writing by the Mayor or the Mayor's designee.
--- ------ ------------ -- - - - - -------
The Provided request-Tor advance payment must-be-submitte in writing an" must--
specify the reasons and justifications for such advance payment. It need not be accompanied
by a detailed expenditure report. The County shall have the sole discretion in choosing whether
or not kv_pro i -. _ .. .• . .. .4 • • .. _ • •• _ . - -
B. Monies Owed to the County. The County reserves the right, in its sole discretion,
to reduce payments to the Provider in order to recapture any monies owed to the County. In
accordance with County Administrative Order No. 3-29, the Provider that is in arrears to the
County is prohibited from obtaining new County contracts or extensions of contracts until such
time as the arrearage has been paid in full or the County has agreed in writing to an approved
payment plan.
C. No Payment of Subcontractors. In no event shall County funds be advanced
or paid by the County directly to any subcontractor hereunder. Payment to approved
subcontractors shall be made by Provider following requirements and limitations as detailed in
Article 21 of this Agreement.
D. Requests for Payment. The County agrees to pay all budgeted costs incurred
by the Provider that are allowable under the County guidelines. In order to receive payment for
allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a
Monthly Performance Report on forms provided by the OGC. The OGC must receive the
Monthly Summary of Expenditures Report and the Monthly Performance Report no later than
the 21st day of the month following the month in which services were provided. The Monthly
Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the
month services were rendered and documented in the Monthly Performance Report. Upon
submission of satisfactory required monthly reports, the OGC shall make payment.
The County will not approve payments for in-kind or volunteer services provided by the
Provider on behalf of the project. The OGC shall accept originals of invoices, receipts and other
evidence of indebtedness as proof of expenditures. When original documents cannot be
produced, the Provider must adequately justify their absence in writing and furnish copies as
proof of the expenditures.
E. Processing the Request for Payment. After the OGC reviews and approves
the payment request, the OGC will submit a check request to the County's Finance Department.
The County's Finance Department will issue and mail the check directly to the Provider at the
address listed on page one (1) of this Agreement, unless otherwise directed by the Provider in
writing. The parties agree that the processing of a payment request from date of submission
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shall take a minimum of forty-five (45) days from receipt, if support documentation/invoices are
properly documented. It is the responsibility of the Provider to maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County.
Failure to submit monthly reimbursement requests with supporting
documentation in a manner deemed correct and acceptable by the County, by the 21st day of
each month following the month in which the service was delivered, shall be considered a
breach of this Agreement and may result in termination of this Agreement.
F. Final Request for Payment. A final request for payment from the Provider will
be accepted by the OGC up to thirty (30) days after the expiration of this Agreement. If the
Provider failb to comply, all rights to payment shall be forfeited. The request for the final
payment may inctucte accruals of the personnel costs listed-irrAttachm-ent B;which the-Provider
is obligated to pay after the close of the period for services provided within the term of the
Agreement.
G. Closeout Reporting Process/Recapture of Funds. Upon the expiration of this
Contract, the Provider shall submit Closeout Report documents to the OGC no more than thirty
(30) days after the expiration of this Contract. These documents shall include a cumulative year-
end summary of Provider's program performance, the Year-End Closeout Report and the
Property Inventory Report. If after receipt of these documents, the OGC determines that the
Provider has been paid funds not in accordance with the Contract, and to which it is not entitled,
the Provider shall return such funds to the County or submit appropriate documentation. The
County shall have the sole discretion in determining whether the Provider is entitled to such
funds and the County's decision on this matter shall be binding. Additionally, any unexpended
or unallocated funds shall be recaptured by the County.
ARTICLE 18. 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 Agreement with funds received from any other funding sources. The Provider shall
establish a separate account exclusively for receipt of the funds received pursuant to this
Agreement.
ARTICLE 19. REQUIRED DOCUMENTS, RECORDS, REPORTS, AUDITS, MONITORING
AND REVIEW
A. Certificate of Corporate Status. The Provider must submit to the OGC, within
thirty (30) days from the date of execution of this Agreement, a certificate of corporate status in
the name of the Provider, which certifies the following: that the Provider is organized under the
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laws of the State of Florida; that all fees and penalties have been paid; that the Providers most
recent annual report has been filed; that its status is active; and that the Provider has not filed
Articles of Dissolution.
B. Board of Director Requirements. The Provider shall insure that the
Provider's Board of Directors is apprised of the programmatic, fiscal, and administrative
obligations under this agreement funded through County Funds by passage of a formal
resolution authorizing execution of this Agreement with the County. A current list of the
Provider's Board of Directors and officers must be included with the submission. Said resolution
shall at a minimum list the name(s) of the Board's President, Vice President and any other
persons authorized to execute this Agreement on behalf of the Provider, and reference the
service categories and dollar amounts in the award, as may be amended. A copy of this
corporate resolution must be submitted to the County prior to contract execution.
C. Proof of Tax Status. The Provider is required to submit to the County the
following-documentation-- -. ` - �. ... .`a.au • 1 • din is-1 •. - n- 01 U u[.y
recent I.R.S. form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the
Provider's fiscal year end; (d) IRS form 941 - Quarterly Federal Tax Return Reports within thirty-
five (35) days after the quarter ends and if the form 941 reflects a tax liability, proof of payment
must be submitted within forty-five (45) days after the quarter ends.
D. Business Application. The Provider shall be a registered vendor with the
County's Department of Procurement Management, for the duration of this Agreement. It is the
responsibility of the Provider to file the appropriate Vendor Application and to update the
Application file for any changes for the duration of this Agreement, including any option years.
E. Section 2-11.1(d) of Miami-Dade County Code as amended by Ordinance 00-1, requires
any county employee or any member of the employee's immediate family who has a controlling
financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for
Miami-Dade County from competing or applying for any such contract as it pertains to this
solicitation, must first request a conflict of interest opinion from the County's Ethic Commission
prior to their or their immediate family member's entering into any contract or transacting any
business through a firm, corporation, partnership or business entity in which the employee or
any member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County and
that any such contract, agreement or business engagement entered in violation of this
subsection, as amended, shall render this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579-9093.
F. Accounting Records. The Provider shall keep accounting records which
conform to generally accepted accounting principles. All such records will be retained by the
Provider for not less than three (3) years beyond the term of this Agreement, and shall be made
available for review upon request from County authorized personnel.
G. Financial Audit. If the Provider has or is required to have an annual certified
public accountant's opinion and related financial statements, the Provider agrees to provide
these documents to the OGC no later than one hundred eighty (180) days following the end of
the Provider's fiscal year, for each year during which this Agreement remains in force or until all
funds received pursuant to this Agreement have been so audited, whichever is later.
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H. Access to Records: Audit. The County reserves the right to require the
Provider to submit to an audit by an auditor of the County's choosing or approval. The Provider
shall provide access to all of its records which relate to this Agreement at its place of business
during regular business hours. The Provider agrees to provide such assistance as may be
necessary to facilitate their review or audit by the County to insure compliance with applicable
accounting and financial standards.
I. Quarterly Reviews of Expenditures and Records. The County Commission
Auditor may perform quarterly reviews of Provider expenditures and records. Subsequent
payments to the provider shall be subject to a satisfactory review of Provider records and
expenditures by the County Commission Auditor, including but not limited to, review of
• ••• • •• • - _ '. • - ' .- .' • - _ • - - - - - • . - •. • - _ '. •
support-eligible expenditures. The Provider agrees reimburse the County for ineligible
expenditures as determined by the County Commission Auditor.
Q-ual - A-ssurrauce t-Re—ord ee_rn _
p g Tl�Pr�ide�s�- ��s1� –..-_.- _-
require that the Provider's subcontractors and suppliers maintain, complete and accurate
program and fiscal records to substantiate compliance with the requirements set forth in the
Attachment A, Scope of Services, of this Agreement. The Provider and its subcontractors and
suppliers, shall retain such records, and all other documents relevant to the Services furnished
under this Agreement for a period of five (5) years from the expiration date of this Agreement.
The Provider agrees to participate in evaluation studies, quality management activities,
Corrective Action Plan activities, and analyses carried out by or on behalf of the County to
evaluate the effectiveness of client service(s) or the appropriateness and quality of care/service
delivery. Accordingly, the Provider shall permit authorized staff involved in such efforts the right
of access to the Provider's premises and records
K. Confidentiality Requirements. To establish and implement policies and
procedures that ensures compliance with the following security standards and any and all
applicable State and Federal statutes and regulations for the protection of confidential client
records and electronic exchange of confidential information. The policies and procedures must
ensure that:
(1) There is a controlled and secure area for storing and maintaining active
confidential information and files, including but not limited to medical
records;
(2) Confidential records are not removed from the Provider's premises,
unless otherwise authorized by law or upon written consent from the
County;
(3) Access to confidential information is restricted to authorized personnel of
the Provider, the County, the United States Department of Health and
Human Services, the United States Comptroller General, and/or the
United States Office of the Inspector General;
(4) Records are not left unattended in areas accessible to unauthorized
individuals;
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(5) Access to electronic data is controlled;
(6) Written authorization, signed by the client, is obtained for release of
copies of client records and/or information. Original documents must
remain on file at the originating provider site;
(7) An orientation is provided to new staff persons, employees, and
volunteers. All employees and volunteers must sign a confidentiality
pledge, acknowledging their awareness and understanding of
confidentiality laws, regulations, and policies;
(8) Procedures are developed and implemented that address client chart and
medical record identification, filing methods, storage, retrieval,
organiZ ion and—maintenance, access and security, confidentiality-,
retention, release of information, copying, and faxing.
L. Progress Reports. The Provider shall furnish the OGC with monthly
progress/performance reports in accordance with the activities and goals detailed in Attachment
F of this Agreement. The reports shall explain the Provider's progress for the month. The data
should be quantified when appropriate. The final progress report shall be due no later than
thirty (30) days after the expiration or termination of this Agreement.
M. Monitoring: Management Evaluation and Performance Review. This section
shall pertain only to Providers whose funding allocation under this Agreement is $10,000 or
more or whose funding allocation becomes $10,000 or more during the term of this Agreement.
The Provider agrees to permit County authorized personnel to monitor, review and
evaluate the program/work which is the subject of this Agreement. The OGC shall monitor both
fiscal and programmatic compliance with all the terms and conditions of the Agreement. The
Provider shall permit the OGC to conduct site visits, client assessment surveys, and other
techniques deemed reasonably necessary to fulfill the monitoring function. A report of the
OGC's findings will be delivered to the Provider and the Provider will rectify all deficiencies cited
within the period of time specified in the report. If such deficiencies are not corrected within the
specified time, the County may suspend payments or terminate this Agreement. The OGC may
conduct one or more formal management evaluation and performance reviews of the Provider.
Continuation of this Agreement or future funding is dependent upon satisfactory evaluation
conclusions by the County.
N. Client Records. The Provider shall maintain a separate individual client chart
for each client/family served, where appropriate. This client chart shall include all pertinent
information regarding case activity. At a minimum, the client chart shall contain referral and
intake information, treatment plans, and case notes documenting the dates services were
provided and the type of service provided. These client charts shall be subject to the audit and
inspection requirements under Article 19, Sections F, G, and H of this Agreement.
O. Disaster Plan/Continuity of Operations Plan (COOP). The Provider shall
develop and maintain an Agency Disaster Plan/COOP. At a minimum, the Plan will describe
how the Provider establishes and maintains an effective response to emergencies and
disasters, and must comply with any Emergency Management related Florida Statutes
applicable to the Provider. The Disaster Plan/COOP must be submitted to the OGC no later
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than April 1st of the contract term and is also subject to review and approval of the County in its
sole discretion. The Provider will review the Plan annually, revise it as needed, and maintain a
written copy on file at the Provider's site.
ARTICLE 20. Office of Miami-Dade County Inspector General and the Commission
Auditor
The Provider understands that it may be subject to an audit, random or otherwise, by the
Office of Miami-Dade County Inspector General or an Independent Private Sector Inspector
General retained by the Office of the Inspector General, or the County Commission Auditor.
Independent Private Sector Inspector General Reviews. The attention of the
Provider is hereby-directed to the requirements--of Miami-Dade County Code Section-2-1076; in
that the Office of the Miami-Dade County Inspector General (IG) shall have the authority and
power to review past, present and proposed County programs, accounts, records, contracts and
transactions The-IG-shaiFflave-the-power-to subpoena--witnesses;administer-oaths and require--— -
the production of records. Upon ten (10) days written notice to the Provider from IG, the Provider
shall make all requested records and documents available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board of County
Commissioners whether a particular project, program, contract or transaction is or was
necessary and, if deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an existing project or
program may include reporting whether the project is on time, within budget and in conformity -
with plans, specifications, and applicable law. The IG shall have the power to analyze the need
for, and reasonableness of, proposed change orders.
The IG may, on a random basis, perform audits on all County contracts throughout the
duration of said contract (hereinafter "random audits"). This random audit is separate and
distinct from any other audit by the County. To pay for the functions of the Office of the
Inspector General, any and all payments to be made to the Provider under this contract will be
assessed one quarter (1/4) of one percent of the total amount of the payment, to be deducted
from each progress payment as the same becomes due unless this Contract is federally or state
funded where federal or state law or regulations preclude such a charge. The Provider shall in
stating its agreed prices be mindful of this assessment, which will not be separately identified,
calculated or adjusted in the proposed budget form.
The IG shall have the power to retain and coordinate the services of an independent
private sector inspector general (IPSIG) who may be engaged to perform said random audits,
as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and
performance and procurement process including, but not limited to, project design,
establishment of bid specifications, bid submittals, activities of the contractor, its officers, agents
and employees, lobbyists, County staff and elected officials in order to ensure compliance with
contract specifications and detect corruption and fraud.
ARTICLE 21. SUBCONTRACTORS and ASSIGNMENTS
A. Subcontracts. The parties agree that no assignment or subcontract will be
made or let in connection with this Agreement without the prior written approval of the OGC in
its sole discretion, which shall not be unreasonably withheld, and that all subcontractors or
assignees shall be governed by all of the terms and conditions of this Agreement.
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1) If the Provider will cause any part of this Agreement to be performed by a
Subcontractor, the provisions of this Agreement will apply to such
Subcontractor and its officers, agents and employees in all respects as if
it and they were employees of the Provider; and the Provider will not be in
any manner thereby discharged from its obligations and liabilities
hereunder, but will be liable hereunder for all acts and negligence of the
Subcontractor, its officers, agents, and employees, as if they were
employees of the Provider. The services performed by the Subcontractor
will be subject to the provisions hereof as if performed directly by the
Provider.
--------------
2) The Provider, before rnakiny any subcontract for any portion of the
services, wilt slate in writibTIO flee County the name of the propose
Subcontractor, the portion of the Services which the Subcontractor is to
perform, the place of business of such Subcontractor, and such other
require the Provider not to award any subcontract to a person, firm, or
corporation disapproved by the County in its sole discretion.
3) Before entering into any subcontract hereunder, the Provider will inform
the Subcontractor fully and completely of all provisions and requirements
of this Agreement relating either directly or indirectly to the Services to be
performed. Such Services performed by such Subcontractor will strictly
comply with the requirements of this Agreement.
4) In order to qualify as a Subcontractor satisfactory to the County in its sole
discretion, in addition to the other requirements herein provided, the
Subcontractor must be prepared to prove to the satisfaction of the County
that it has the necessary facilities, skill and experience, and ample
financial resources to perform the Services in a satisfactory manner. To
be considered skilled and experienced, the Subcontractor must show to
the satisfaction of the County in its sole discretion that it has satisfactorily
performed services of the same general type which is required to be
performed under this Agreement.
5) The County shall have the right to withdraw its consent to a subcontract if
it appears to the County that the subcontract will delay, prevent, or
otherwise impair the performance of the Contractor's obligations under
this Agreement. All Subcontractors are required to protect the
confidentiality of the County's and County's proprietary and confidential
information. Provider shall furnish to the County copies of all
subcontracts between Provider and Subcontractors and suppliers
hereunder. Within each such subcontract, there shall be a clause for the
benefit of the County permitting the County to request completion of
performance by the Subcontractor of its obligations under the
subcontract, in the event the County finds the Contractor in breach of its
obligations, the option to pay the Subcontractor directly for the
performance by such subcontractor. Notwithstanding, the foregoing shall
neither convey nor imply any obligation or liability on the part of the
County to any subcontractor hereunder as more fully described herein.
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B. If this Agreement involves the expenditure of $100,000 or more by the County
and the Provider intends to use subcontractors to provide the services listed in the Scope of
Service (Attachment A) or suppliers to supply the materials, the Provider shall provide the
names of the subcontractors and suppliers on the form attached as Attachment I. Provider
agrees that it will not change or substitute subcontractors or suppliers from those listed in
Attachment I without prior written approval of the County.
C. Prompt Payments to Subcontractors. The Provider shall issue prompt
payments to subcontractors that are small businesses (annual gross sales of $750,000 or less
with its principal place of business in Miami-Dade County) and shall have a dispute resolution
procedure in place to address disputed payments. Pursuant to the County's Sherman S. Winn
Prompt Payment Ordinance (Ordinance 94-40), Section 2-8.1.4 of the Cude of Miami-Dade
ounfy,-Administrative Grder No.. 3--19; and the Ronda FrompfPaymenf Act-, payme s must be
made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to
small business subcontractors or adhere to dispute resolution procedures may be grounds for
ARTICLE 22. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS
Provider agrees to comply, subject to applicable professional standards, with the
provisions of any and all applicable Federal, State and the County orders, statutes, ordinances,
the rules and regulations which may pertain to the Services required under this Agreement,
including but not limited to:
a) Miami-Dade County Florida, Department of Business Development Participation
Provisions, as applicable to this Agreement.
b) Miami-Dade County Code, Chapter 11A, Article 3. All Providers and
subcontractors performing work in connection with this Agreement shall provide
equal opportunity for employment and services without regard to race, creed,
religion, color, sex, familial status, marital status, sexual orientation, pregnancy,
age, ancestry, national origin or handicap. The aforesaid provision shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Provider
agrees to post in a conspicuous place available for employees and applicants for
employment, such notices as may be required by the Dade County Equal
Opportunity Board or other authority having jurisdiction over the work setting forth
the provisions of the nondiscrimination law.
c) "Conflicts of Interest" Section 2-11 of the Code of Miami-Dade County, and
Ordinance 01-199.
d) Miami-Dade County Code Section 10-38 "Debarment".
e) Miami-Dade County Ordinance 99-5, codified at 11A-60 et. seq. Code of Miami-
Dade County pertaining to complying with the County's Domestic Leave
Ordinance.
Page 20 of 23
CB
f) Miami-Dade County Ordinance 99-152, prohibiting the presentation,
maintenance, or prosecution of false or fraudulent claims against Miami-Dade
County.
Notwithstanding any other provision of this Agreement, Provider shall not be required pursuant
to this Agreement to take any action or abstain from taking any action if such action or
abstention would, in the good faith determination of the Contractor, constitute a violation of any
law or regulation to which Contractor is subject, including but not limited to laws and regulations
requiring that Contractor conduct its operations in a safe and sound manner.
ARTICLE 23. MISCELLANEOUS
A. Publicity. It—is understood and agreed k.etween ttie parties I►eietu that this
Provider it funded by Miami-Dade County.—"Further, by the acceptance Of these kinds, the
agrees that events funded by this Agreement shall recognize and adequately reference
the County as a funding source. The Provider shall ensure that all publicity, public relations,
ai ns reco sizes an re erencesfie '" oun the o a
9 9 Y p -----
contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall
plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages,
promotions, and stationery. The use of the official County logo is permissible for the publicity
purposes stated herein. Provider shall submit sample or mock up of such publicity or materials
to the County for review and approval. The Provider shall ensure that all media representatives,
when inquiring about the activities funded by this contract, are informed that the County is its
funding source.
B. Governing Law and Venue. This Agreement is made in the State of Florida and
shall be governed according to the laws of the State of Florida. Venue for this Agreement shall
be Miami-Dade County, Florida.
C. Modifications. Any alterations, variations, modifications, extensions, or waivers
of provisions of this Agreement 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 Agreement.
The County and Provider mutually agree that modification of the Scope of Service,
schedule of payments, billing and cash payment procedures, set forth herein and other such
revisions may be made as a written amendment to this Agreement executed by both the parties.
The Mayor or the Mayor's designee is authorized to make modifications to this
Agreement as described herein on behalf of the County.
The Office of the Inspector General shall have the power to analyze the need for, and
the reasonableness of proposed modifications to this Agreement.
D. Counterparts. This Agreement is executed in three (3) counterparts, and each
counterpart shall constitute an original of this Agreement.
E. 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 Agreement. 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.
Page 21 of 23
CB
F. Review of this Agreement. Each party hereto represents and warrants that
they have consulted with their own attorney concerning and participated in the drafting of each
of the terms contained in this Agreement. No inference, assumption, or presumption shall be
drawn from the fact that one party or its attorney prepared this Agreement. It shall be
conclusively presumed that each party participated in the preparation and drafting of this
Agreement.
G. Totality of Agreement / Severability of Provisions. This Agreement and
Attachments, with it recitals on the first page of the Agreement 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: Collusion Affidavit
Attachment D Miami-Dade County Affidavits
State Public Entities Crime Affidavit -
Attachment F: Monthly Payment Request
Attachment G: Monthly Progress Report
Attachment H: Final Year-End Closeout Report
Attachment I: List of Subcontractors and Suppliers (NOTE:Attachment I must
be completed and included with this Agreement only if the accompanying contract award
totals $100,000 or more.)
Attachment J: Authorized Signature Form
Attachment K: Service Authorization Agreement
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is
held invalid or void, the remainder of this Agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and requirements of applicable law and
ordinance.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 22 of 23
CB
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract
date herein above set forth.
CITY OF OPA LOCKA MIAMI-DADE COUNTY
By:
Name:
By:
Title: Name: Jennifer Glazer-Moon
Date:
Title: Spec Asst/Director OSBM
Date:
Attest:
Authorized Person OR Attest:
Notary Public HARVEY RUVIN, Clerk
Board of County Commissioners
Print Name:
Title:
By:
Print Name:
Corporate Seal OR Notary Seal/Stamp:
Page 23 of 23
ATTACHMENT A
MIAMI-DADE COUNTY OFFICE OF GRANTS COORDINATION
CONTRACTS AND GRANT MANAGEMENT
SCOPE OF SERVICE NARRATIVE
(Complete a separate form for every allocation identified in your organization's award letter)
SECTION I: GENERAL INFORMATION
Name of Organization: City of Opa-Iocka Crime Prevention Program
Address: 780 Fisherman Street, Opa-locka, FL 33054
Program Contact Person: Starex Smith
Rhone Number (305) 953-2821 Fax Number: (305) 953=2870
E-mail Address: Ssmith( opalockafl.gov
Fiscal Contact Person: Faye Douglas
Phone Number: (305) 953-2821 Fax Number: (305) 953-2870
E-mail Address: fdouglasCa Opalockafl.gov
Contract Amount: $41,650 Contract Period: October 1, 2008— September 30, 2009
SECTION II: PROGRAM NARRATIVE
Descriptive Program Name: Crime Prevention Program
Describe the program goals: The overall goal of this program is to prevent at-risk youth between
the ages of eight (8) to eighteen (18) years of age from becoming involved in or returning to criminal
or deviant activities.
Describe what is proposed for funding:
Youth are accepted to the Crime Prevention Program through recommendations of various
governmental juvenile service divisions, Miami-Dade County Public Schools, and voluntary parental
enrollment. Youth receive intervention activities including: counseling, academic assistance, health
and life skills curriculum/programming, and summer jobs. Services are year round with emphasis
placed on youth referred from Juvenile and Suspension Program Services. These youth will receive
an intensive nine (9) week program to assist them in achieving their academic and social goals, while
maintaining criminal free lives. A large portion of the funding will be used to take these youth on
academic and recreational field trips to positively expose them to activities away from the social ills
many of their communities are faced with. These field trips are frequent, and serve as motivators in
encouraging youth to perform well in and out of the classroom. These field trips include restaurants,
concerts, and out of town trips. Youth will also put on a number of events geared around Red Ribbon
Week and Black and Hispanic History Month. Staff will conduct monthly meetings with youth and their
families to provide feedback from counselors in reference to the youth's participation in the program,
as well as their participation in school. It is important that there be a web of support with parents,
youth, and staff.
ATTACHMENT A
Describe how those services meet County government mandates:
As a municipality, the City of Opa-locka goals and initiatives are all in accordance with County,
government mandates. We have a capable staff in the City Attorney's office and the Finance
Department that sole purpose is to comply with governmental mandates and regulations.
SECTION III: PROFILE OF SERVICES
Annual workload measures (for each type of service to be provided including the number of clients to
be served in the program) [i.e., 3 hours of after school care for twenty-five (25) children ages 5 — 10,
one home delivered meal for 50 seniors every day (18,250 meals)]:
outputs:
Direct products of program
Activities/Services Name and Description: activities/efforts.
Dcstribe each my
rim - service-activity-that that wilt be provided-tumeet the needs of— -- —_ �fotal#Units of-- -
�
participants.Identify which best practice models or evidence based practices are being # Service
used. For each activity,include frequency,intensity and duration Unduplicated (days/sessions)
Participants Delivered per year
1 hour of Educating participants on Arise Foundation Curriculum(Life 40 42 weeks at 210
Skills) sessions
1 hour Physical Fitness 40 42 weeks at 210
sessions
1 hour of Homework and Academic Assistance 40 42 weeks at 210
sessions
1 hour of Group Counseling 40 42 weeks at 210
sessions
Unit Cost(Define the unit(s) of service and detail the unit cost(s) for the service): $1,041.25 is
the costs of services per unit.
Location of Service Site(s) and Hours of Service at each Site: (List all sites including the physical
street address with zip codes and the hours of operation for each site):
City of Opa-locka Youth Crime Prevention Program
215 North Perviz Ave.
Opa-locka, FL 33054
Hours: 8:00 am. — 7:30 P.M, Monday thru Friday
2 of 3
ATTACHMENT A
SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives.
Please quantify and note timeframe for completion of each objective [i.e.,75% of children attending
after school tutoring program will increase their reading score by a full letter grade as measured by
pre and post-testing during the contract year]).
Data Collection&
Management
Indicators
Methodology used to
Evidence of whether Data Source/
Outcomes program is achieving its Measurement Tool* collect and manage data.
Expected benefits for participants outcomes. Include the What data tool will be Answers the questions by
during and after program activities. number and percent of collected from whom(ex.,
These may be initial,intermediate participants who attain the program records;participant whom, where, when, and
or long-term(see instructions for outcome(may be more than survey;trained observers; how data are collected
detailed definitions . one per outcome). specific tests).
To improve participants- 75%of 40 participants Daily attendance Evaluation Specialist
attendance at school and in will improve their reports generated by from St.Thomas
individual classes by the end attendance in school school counselors will University will assist
of the contract_year. _ be used to record the with the collections of
attendance record of evaluation tools,data _
participants during all organization and
scheduled classes. reporting.
To obtain higher grade point 75%of 40 participants Report cards and Evaluation Specialist
averages through academic will improve their transcripts will be from St. Thomas
gains in core classes resulting grade point averages provided through University will assist
in credit accumulation by the resulting in credit school counselors with the collections of
end of the contract year. accumulation and evaluation tools,data
academic promotion organization and
reporting.
To improve overall behavior 75% of 40 participants Progress reports will be Evaluation Specialist
during school hours by the will improve their given on a weekly basis from St. Thomas
end of the contract year. behavior during school along with the University will assist
hours. behavioral grade on with the collections of
report cards evaluation tools, data
organization and
reporting.
Not be involved in any 90% of 40 participants Police and school Evaluation Specialist
criminal activity from will abstain from all reports. from St. Thomas
entrance to exit of the criminal activity University will assist
program. with the collections of
evaluation tools,data
organization and
_reporting.
3 of 3
ATTACHMENT A
SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES
Describe how your organization will do outreach and public awareness of program activities:
Outreach and public awareness is demonstrated through special events, cultural programs, and
telephone calls, emails, T-Shirts, and field trips. In its thirty-third (33rd) year of services in the City of
Opa-locka and Miami Gardens, as well as other Miami-Dade County communities, the Opa-locka
Youth Crime Prevention Program has received coverage from news stations, newspapers, and
magazines throughout the State of Florida. This grant will allow us to continue spreading the good
news about the wonderful things Miami-Dade County has allowed us to accomplish through our
Annual Teen Summit, our city's access channel OPATV, Newsletters and our website.
The City of Opa-locka is aggressively seeking other funding to supplement our youth programs.
Fundraisers will be conducted as well as grant submitted to continue the support of this valuable
SECTION VI: PERSONNEL
I understand that while this information represents a performance projection, I must receive approval
from Miami-Dade Office of Grants Coordination prior to any operational or performance variations.
Starex Smith
Signature and Title of Person Completing Form Print Name and Title
Phone Number
4 of 3
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�4 a) City of Opa-locka
a ■ m Crime Prevention Program FY2009-2010
R - 2009-2010 Miami Dade Office of Grants Administration
Grant Budget Narrative
October 1, 2009 — September 30, 2010
$41,650
Budgeted Item Budgeted Amount Justification
Salaries $301000.00 To secure a qualified counselor II position needed
------------
to facilitate the program.
Benefits $9,228.00 This line item covers FICA/MICA at a rate of
— — T.65%which Malt $2;295;ort an`S omp=at
rate of 3.58% which totals $1,074, Health Ins. at a
rate of 442.73% which totals $3099, and
Retirement totaling $2760
Field Trips $1,422.00 Program participants will attend educational,
recreational and cultural field trips to decrease
ignorance and promote positive exposure and
experience to a variety of venues. These trips will
primarily be used as rewards and incentives for
those participants who have demonstrated
behavioral academic improvements within the
program and in their respective schools. All Field
trips will be free to participants and are inclusive of
meals at area restaurants and fast food stores and
will be billed accordingly.
Meals Snacks $1,000.00 Provide daily snacks to participants as well as
meals during workshops and when youth are out
of school.
ATTACHMENT C
BID NO.:
BID TITLE:
COLLUSION AFFIDAVIT
(Code of Miami-Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No.08-113)
BEFORE ME, A NOTARY PUBLIC, personally appeared
who being duly sworn states: (insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in this
affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise
authorized to bind the bidder of this contract.
I state that the bidder of this contract
■ is no re a es o any o e of er pa es •i••ing in e compe ive so ici a • , - •
that the contractor's proposal IS genuine and not sham or colrusive or made th the interest or on behalf of any person not therein named, and that the contractor has
not, directly or indirectly, induced or solicited any other proposer to put in a sham
T_ proposal,or any other-person;firm;or corporation-to-refrain-from-proposing.,-and-that.-mt
the proposer has not in any manner sought by collusion to secure to the proposer an — -
advantage over any other proposer.
OR
❑ is related to the following parties who bid in the solicitation which are identified and
listed below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for
contract award. In the event a recommended contractor identifies related parties in the
competitive solicitation its bid shall be presumed to be collusive and the recommended
contractor shall be ineligible for award unless that presumption is rebutted by
presentation of evidence as to the extent of ownership, control and management of such
related parties in the preparation and submittal of such bids or proposals. Related parties
shall mean bidders or proposers or the principals, corporate officers, and managers
thereof which have a direct or indirect ownership interest in another bidder or proposer
for the same agreement or in which a parent company or the principals thereof of one(1)
bidder or proposer have a direct or indirect ownership interest in another bidder or
proposer for the same agreement. Bids or proposals found to be collusive shall be
rejected.
By: 20
Sig nature of Affiant Date
/ / / ! / / / /
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
BID NO.:
BID TITLE:
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
20
He/She is personally known to me or has presented
as identification. Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public—State of
Notary Son'
•
ATTACHMENT D
Miami-Dade County
MIAMIDADE VENDOR AFFIDAVITS FORM FEDERAL EMPLOYER
COUNTY (Uniform County Affidavits) IDENTIFICATION NUMBER(FEIN)
In order to establish a file for your firm, you must
enter your firm's FEIN or if none, the owner's Social
Department of Procurement Management Security Number. This number becomes your"County
Vendor Assistance Unit Vendor Number"
111 NW lst Street, Suite 1300, Miami, Florida 33128-1974 Please enter your Federal Employee Identification
Telephone: 305-375-5773 Fax No: 305-375-5409 Number (FEIN) Qr your Social Security Number
www.miamidade.aov/dam (ssN).
Complete the Vendor Affidavits Form to update affidavits previously submitted with the
Vendor Registration Package. It is the vendor's responsibility, to keep all affidavit ❑ F.E.I.N.
information current, complete and accurate, by submitting any modifications to the
Department of Procurement Management, Vendor Assistance Unit. ❑
S.S.N.
-- - - - --- - — —" -----
- -- Name of Entity,indiViduar(§);Partners;or C-orporation
Doing Business As(If some as above,leave blank)
Street Address (Post OTfice addresses are not acceptable)
1.MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT
(Sec. 2-8.1 of the Miami-Dade County Code)
a. Firms registered to do business with Miami-Dade County must fully disclose their legal name, physical address and ownership. Publicly
traded Corporations are exempt from this requirement, but must indicate by letter that it is a Publicly Traded Corporation and
include the name of the stock exchange market and symbol where registered.
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 trust, the full legal name and address shall be provided for each trustee and each
beneficiary. (Post Office addresses are not acceptable). (Duplicate page if needed for additional names).
If no officer,director or stockholder owns(5%)or more of stock,please write"None"below.
FULL LEGAL NAME TITLE ADDRESS %OF
OWNERSHIP
b. Provide the full legal names and business addresses of any other individuals (other than subcontractors, material men, suppliers,
laborers, or lenders) that have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business
transaction with Miami Dade County (Post Office addresses are not acceptable). If"None",please indicate in space below:
FULL LEGAL NAME TITLE ADDRESS %OF
OWNERSHIP
4/23/2008
2. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ordinance No. 90-133,amending Section 2.8-1(d)(2) of the Miami-Dade County Code)
The following information is for compliance with all items in the aforementioned Section:
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 Black Hispanic Other
Males Males Males Males
Females Females Females Females
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance.
3. MIAMI-DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE CERTIFICATION
(Section 2-8.1.2(b) of the Miami-Dade County Code)
Alf perverts"and entitles tharcantracrwith MtarnM;tade-County-are-required-to certify-that they-wilt taintairra-drug-free-workplace and suds -
persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace.
In compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, the above named firm 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 firms' 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 firm shall also require an employee to sign a statement,as a condition of employment that the employee will abide by the terms of the drug-
free workplace policy 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. Firms may also comply with the
County's Drug Free Workplace Certification where a person or entity is required to have a drug-free workplace policy by another local,state or
federal agency,or maintains such a policy of its own accord and such policy meets the intent of this ordinance.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance.
4. MIAMI-DADE COUNTY DISABILITY AND NONDISCRIMINATION AFFIDAVIT
(Article 1,Section 2-8.1.5 Resolution R182-00 Amending R-385-95 of the Miami-Dade County Code)
Firms transacting business with Miami-Dade County shall provide an affidavit indicating compliance with all requirements of the Americans with
Disabilities Act(A.D.A.).
I,state that this firm,is in compliance with and agrees to continue to comply with,and assure that any subcontractor,or third party contractor shall
comply with all applicable requirements of the laws including,but not limited to,those provisions pertaining to employment,provision of programs
and services,transportation,communications,access to facilities,renovations,and new construction.
The American with Disabilities Act of 1990(ADA), Pub.L 101-336, 104 Stat 327,42 U.S.C.Sections 225 and 611 including Titles I,II,Ill,IV and
V.
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
I, hereby affirm that I am in compliance with the below sections:
Section 2-10.4(4)(a) of the Code of Miami-Dade County (Ordinance No. 82-37), which requires that all properly licensed architectural,
engineering,landscape architectural,and land surveyors have an affirmative action plan on file with Miami-Dade County.
Section 2-8.1.5 of the Code of Miami-Dade County, which requires that firms that have annual gross revenues in excess of five (5) million dollars
have an affirmative action plan and procurement policy on file with Miami-Dade County. Firms that have a Board of Directors that are
representative of the population make-up of the nation may be exempt.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance
2
4/23/2008
5. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Section 10.38 of the Miami-Dade County Code)
Firms wishing to do business with Miami-Dade County must certify that its contractors,subcontractors,officers, principals,stockholders,or affiliates
are not debarred by the County before submitting a bid.
I,confirm that none of this firms agents,officers,principals,stockholders,subcontractors or their affiliates are debarred by Miami-Dade County.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. I 1
6. MIAMI-DADE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT
(Section 2-8.1 of the Miami-Dade County Code)
Firms wishing to transact business with Miami-Dade County must certify that all delinquent and currently due fees,taxes and parking tickets have
been paid and no individual or entity in arrears in any payment under a contract, promissory note or other document with the County shall be
allowed to receive any new business.
I,confirm that all delinquent and currently due fees or taxes including,but not limited to,real and personal property taxes,convention and tourist
develoamenttaxes,utility taxes,and Local Business Tax Receipt collected in the normal course bathe Miami-Dade County Tax Collector and
County issued parking tickets for vehicles registered in the name of the above firm,have been paid.
I further affirm that this firm complies with Section 2-8.1, which requires that no individual or entity that is in arrears in any payment under a
—.contract,promissory.note_or other—document_with the_County_shot b ollo_wec tole mix a� 2ew busings _ _ __
My initials acknowledge that i have read the aforementioned requirements and the entity is in compliance.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 1, Section 2-8.7(i) and 2-11(b)(1) of the Miami-Dade County Code through (6) and (9) of the County Code and County Ordinance No 00-1
amending Section 2-1 1.1(c) of the County Code)
Firms wishing to transact business with Miami-Dade County must certify that it has adopted a Code that complies with the requirements of Section
2-8.1 of the County Code.The Code of Business Ethics shall apply to all business that the contractor does with the County and shall,at a minimum;
require the contractor to comply with all applicable governmental rules and regulations.
I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the County Code,and that
such code of business ethics shall apply to all business that this firm does with the County and shall,at a minimum,require the contractor to comply
with all applicable governmental rules and regulations.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance
8. MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT
(Article V of Chapter 11,of the Miami-Dade County Code)
Firms contracting business with Miami-Dade County,which have more than fifty(50) employees for each working day during each of twenty (20)
or more work weeks in the current or preceding calendar year,are required to certify that they provide family leave to their employees.
Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter (signed by an
authorized agent)that it does not have the minimum number of employees required by the County Code.
I confirm that if applicable,this firm complies with Article V of Chapter II of the County Code,which requires that firms contracting business with
Miami-Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the
current or preceding calendar year are required to certify that they provide family leave to their employees.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance.
9. MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Section 2-8.9 of the Miami-Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the
County Code.
I confirm that if applicable, this firm complies with Section 2-8.9 of the County Code, which requires that all applicable employers entering a
contract with Miami-Dade County shall pay the prevailing living wage required by the section of the County Code.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. 7
4/23/2008 3
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Article 8,Section 11A-60- 11A-67 of the Miami-Dade County Code)
Firms wishing to transact business with Miami-Dade County must certify that it is in compliance with the Domestic Leave Ordinance.
I confirm that if applicable,this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have,in the regular
course of business,fifty (50) or more employees working in Miami-Dade County for each working day during the current or preceding calendar
year.
My initials acknowledge that I have read the aforementioned requirements and the entity is in compliance. ( 1
AFFIRMATION
I, being duly sworn, do attect under penalty of perjury that the entity is in compliance with all requirements outlined in the Miami-Dade County
______Vendor_Affidavits__L-_10,_pages_5Jhrough_8 of this Vendor Registration Package.
_____
I also attest that I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the
Miami-Dade County,Vendor Assistance Unit,immediately if any of the statements attested hereto are no longer valid.
(Signature of Affiant) (Date)
Printed Name of Affiant and Title
NOTARY PUBLIC INFORMATION
Notary Public—State of:
State County of
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20
by He or she is personally known to me ❑ Or has produced identification ❑
Type of Identification Produced
Signature of Notary Public (Serial Number)
Print or Stamp of Notary Public Expiration Date Notary Public Seal
4/23/2008 4
ATTACHMENT E
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF ANOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to
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:
A. A predecessor or successor of a person convicted of a public entity crime; or
B. 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
I of 2
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
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,
-executers share loyees;members;or agents whoareastiuein---
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)
2 of 2
MIAMI-DADE COUNTY (Attachment F)
OFFICE OF GRANTS COORDINATION
COST-BASED CONTRACT MIAMI 1 E7
MONTHLY SUMMARY OF EXPENDITURES REPORT ++
Agency Name: Allocation Amount:
Agency Address: Contract Number:
Contact Person: Agreement Period: 10/1/2009 9/30/2010
Ordinance
Program Name: Today's ' • 11•
Print Month Below
Actual operating expenses covering the Month of: are outlined in Column II below:
Approved Budget Line Items Approved Budget OGC Use Only '
Monthly Expenses
Amount `(Do not write In this column)
DIRECT COSTS: •
Personnel
1. Position
Fringes
2. Position
Fringes
3. Position
Fringes
4. Position
Fringes
5. Position
Fringes
6. Position
Fringes
Other Direct Costs (describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
INDIRECT COSTS:
Personnel
1. Position
Fringes
2. Position
Fringes
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
TOTALS: $ - $
To avoid delays in payment, provide complete back-up documentation for all expenses listed in Column II
and provide appropriate authorization on the signature page(Page 2, over)
OGC 029(rev.11/16/09) Page 1 of 2
AUTHORIZATION
I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above,and that no expenses for which
reimbursement is requested has been or will be reimbursed by any other funding sources.
Executive Director/Agency Designee Print Name Executive Director/Agency Designee Signature
November 19,2009
Print Title Date
County/Department Use Only
C.O.NOTE:
VOUCHER#:
FISCAL PREPARED BY:
INVOICE#:
DATE:
VENDOR#:
INDEX CODE:
FISCAL APPROVED BY:
SUB-OBJECT:
DATE: AMOUNT TO PAY:
OGC 029(rev.11/16/09) Page 2 of 2
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CO
' MIAMI-DADE COUNTY (Attactment H)
OFFICE OF GRANTS COORDINATION M®�
FISCAL YEAR 2009-10 CLOSEOUT REPORT
LINE ITEM BUDGET REFLECTING ACTUAL EXPENDITURES.
Agency Name: Allocation Amount:
Agency Address: Contract Number
Contact Person: Agreement Period: ..: ; 10/1/2009-9/30/2010
Telephoner Ordinance Number ..
Program Name: Dated 11/19/2009
1. II. Iil.
Approved Budget tma tte�tts
_
_
I_Actual expenses from Closeout[Final Amount
Approved Midget
Amount Oct.1,2009 through OGC Use Only
DIRECT COSTS: Sept.30,2010 (Do not write in this column)
Personnel
1. Position T ._—
Fringes
2. Position
Fringes
3. Position
Fringes
4. Position
Fringes
5. Position
Fringes
6. Position
Fringes
Other Direct Costs (describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs (describe in narrative)
Other Direct Costs(describe in narrative)
Other Direct Costs(describe in narrative)
INDIRECT COSTS: ;. ,: .-
Personnel
1. Position
Fringes
2. Position
Fringes
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
Indirect Costs(describe in narrative)
TOTALS: $ - $ -
I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above,
and that no expenses for which reimbursement is requested has been or will be reimbursed by other funding sources.
Executive Director/Agency Designee Print Name Print Title
11/19/2009
Executive Director/Agency Designee Signature Date
OGC 027(rev.11/16/09) Page 1 of 2
County/Department Use Only
CONTRACTS&GRANTS MANAGEMENT UNIT SECTION
C.O.
AL❑ BG❑ EH❑ SS❑ OTHER❑
AF❑ CP❑ ML❑ TB❑ OTHER❑
AN❑ DO❑ NR❑ YM❑ OTHER❑
BS❑ DG❑ SJ❑ OTHER❑ OTHER❑
C.O.NOTE:
FISCAL UNIT SECTION
PREPARED BY:
VOUCHER#:
DATE:
INVOICE#:
APPROVED BY: VENDOR#:
DATE: INDEX CODE:
SUB-OBJECT:
AMOUNT TO PAY:
OGC 027(rev.11/16/09) Page 2 of 2
ATTACHMENT I
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97-104)
Name of Organization: Address:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Community Based Organization
must submit the list of first their subcontractors or sub-consultants who will perform any part of
the-Seope-of-Services-Wok-if-this Ag-reement-is-for $104,000-or-more.The Community Based Organization must complete this information. If the Community Based
----Organi-z-ati€ n--- w+lic-not-utili ctnr then-_the_Commu_ni ased Organization must
state "No subcontractors will be used"; do not state "N/A". --
NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Community Based Organization
must submit a list of suppliers who will supply materials for the Scope of Services to the
Community Based Organization, if this Contract Agreement is $100,000 or more.
The Community Based Organization must fill out this information. If the Community Based
Organization will not use suppliers, the Community Based Organization must state "No
suppliers will be used", do not state "N/A".
NAME OF SUPPLIER ADDRESS CITY AND STATE
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title: Date:
Firm Name: Fed. ID No.
Address: _ City/State/Zip:
Telephone: ( ) Fax: ( ) E-mail:
Page 1 of 1
(USE SERVICE PROVIDER'S LETTERHEAD)(Attachment J)
AUTHORIZED SIGNATURE FORM
DATE:
This form certifies the names,titles and signatures of individuals authorized by the Provider to sign contracts,
checks,budget revisions,payment requests, and other requests that may be requested by the Office of Grants
Coordination(OGC)for disbursement of funds. Attached hereto and incorporated herein is a certified copy of a
duly authorized and executed resolution passed by the Provider's Board that provides for this authorization. These
signature authorizations are retained by the Office of Grants Coordination for auditing purposes. Should the
Provider desire to change the information on this document, a certified and authorized and executed Resolution
dcscribing the dcsircd changcs should be submitted to the OGC.
NAME(please type) TITLE(please type) SIGNATURE
I. Prime Contracts and Subcontracts
II. Checks (List amount limits)
III. Budget Revision Requests
IV. Payment Requests