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Contract 01 27 S)) q The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A CONTRACT This Contract made and entered into as of this day of l' � vC _ 20 by and between Miami -Dade County, a political subdivision of the State of orida (the "County "), having its principal office at 111 N.W. 1S Street, 27th Floor, Miami, F' ida 33128 and The City of Miami Beach / /F.E.I.N #59- 6000372, a corporation organized and existing under the laws of the State of Florida, having its principal office at 1700 Convention Center Drive, Miami Beach, FL 33139 ( "Provider "), states conditions and covenants for the rendering of human and social services ( "Services ") for the County. WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the 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 Contract shall be construed as follows, exce 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 Homeless Trust ( "County ") 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 for review and approval pursuant to the terms of this Contract. 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 Page 1 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 Contract is effective, including start date and end date. g) The words "Extra Work" or "Change Order" or "Additional; Work"-shall, mean resulting in additions or deletions or modifications to the amount, type or value of the Work and Services as required in this Contract, as directed and /or approved by the County. h) "HIPAK 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 "sub consultant" 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 privities of contract 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 Contract. ARTICLE 2. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: Identification Assistance Program $18,750.00 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. 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. The County, at its sole discretion, may allow Provider an advance of N/A once the Provider has submitted an appropriate request and submitted an invoice in the form required by the County. Page 2 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 of Services shall not be effective until approved by the County and Provider in writing. ARTICLE 4. BUDGET SUMMARY The Provider agrees that all, expenditures or costs shall be made in accordance with the Budget, which is attached hereto and incorporated herein as Attachment B. The parties agree that the Provider with the County's prior written approval; revise the schedule of payments or the line item budget, and such revision shall not require an amendment to this Contract. ARTICLE 5. EFFECTIVE TERM Both parties agree that the Effective Term of this Contract shall commence on March 1, 2011 and terminate at the close of business on September 30, 2011 Contingent of the existence of sufficient funding and the approval of the County, this Contract may be extended for four (4) additional one (1) year terms, at the County's sole discretion. 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 performance of this Contract by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the Limitations of Section 768.28,. 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 government entity. Page 3 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising . out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents,. servants, partners principals or.subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 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, c/o Miami Dade County Homeless T rust (COUNTY), 111 N.W. 1S Street, 27th Floor, Miami, Florida 33128 -1994, original Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: A. All insurance certificates must list the County as. "Certificate Holder" in the following manner: Miami -Dade County 111 N.W. 1 St Street, Suite 2340 Miami, Florida 33128 B. Worker's Compensation Insurance for all employees of the 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. Page 4 of 27 The City of Miami Beach Identification Assistance Program. PC- 1011 -ID -A Miami -Dade County must. be shown as an additional insured with respect to this coverage. D. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used in connection with the Work provided under this Contract, in an amount not less than $300,000* combined single Limit per occurrence for bodily-'injury and property damage: *NOTE: For 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 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 I without thirty (30) days advance written notice to the Certificate Holder. H. Compliance with the foregoing requirements shall not relieve the Provider of its liability and obligations under this Section or under any other section of this Contract. I. The County reserves the right to inspect the Provider's original insurance policies at any time during the term.of this Contract. J. Applicability of this Article Providers whose combined total award for all services funded under this Contract exceed a $25,000 threshold. In the event that the 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 this Article shall apply. Page 5 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A K. Failure to Provide Certificates of Insurance. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section - remain in force for the duration of the effective term of this Contract.. If insurance certificates are scheduled to expire during the effective 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 Contract 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 Contract. 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 or any law or regulation to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish to the County a copy of all required current licenses or certificates. Examples of services or operations. requiring such licensure or certification include but are not limited to childcare, day care, nursing homes, and boarding homes. If the Provider fails to furnish the County with the Licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Agreement may result in termination of this Agreement at the County's d B. Background Screening The Provider agrees to comply with all applicable Maws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors. Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply with all applicable laws (including but not limited to Chapters 39, 402 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work with vulnerable persons., as defined by section 435.02, Florida Statutes, as may be amended from time to time. In the event criminal background screening is required by law, the State of Florida and /or -the County, the Provider will permit only employees and subcontractors 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) to work in direct contact with vulnerable persons. Page 6 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A The Provider agrees to ensure that employees and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working with vulnerable persons. Provider shall furnish the County with proof that employees and subcontracted personnel, who work with - vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the Provider fails to furnish to the County proof that an employee or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working with a vulnerable person or vulnerable persons, 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 responsibilities in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, any personal financial interest, direct or indirect, in this Contract. C. Nepotism. Notwithstanding the aforementioned provision, no relative of any officer, board of director, manager, or supervisor employed by the Provider shall be employed by the Provider unless the employment preceded the execution of this Contract by one (1) year. No family member of any employee may be employed by the Provider if the family member is to be employed in a direct supervisory or administrative relationship either supervisory or subordinate to the employee. The assignment of family members in the same organizational unit shall be discouraged. A conflict of interest in employment arises whenever an individual would otherwise have the responsibility to make, or participate actively in making decisions or recommendations relating to the employment status of another individual if the two individuals (herein sometimes called "related individuals ") have one of the following relationships 1. By blood or adoption: Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece; 2. By marriage: Current or former spouse, brother- or sister -in -law, father- or mother -in -law, son- or daughter -in -law, step - parent, or step- child; or 3. Other relationship: A current or former relationship, occurring outside the work setting that would make it difficult for the individual with the responsibility to make a decision or recommendation to be objective, or that would create the appearance that such individual could not be objective. Examples include, but are not limited to, personal relationships and significant business relationships. For purposes of this section, decisions or recommendations related to employment status include decisions related to hiring, salary, working conditions, working responsibilities, evaluation, promotion, and termination. Page 7 of 27 The City of Miami Beach Identification Assistance Program PC- 10.11 -ID -A An individual, however, is not deemed to make or actively participate in making decisions or recommendations if that individual's participation is limited to routine approvals and the individual plays no role involving the exercise of any discretion in the decision- making processes. If any question arises whether an individual's participation is greater than is permitted by this paragraph, the matter shall be immediately referred to the Miami -Dade County Commission on Ethics and Public Trust. This section applies to both full. -time and part -time employees and voting members of the Provider's Board of Directors. D. No person, including but not limited to any officer, board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function- or responsibilities in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, received any of the services, or direct or instruct any employee under their supervision to provide such services as described in the Contract. Notwithstanding the before mentioned provision, any officer, board of directors, manager or supervisor employed by the Provider, who is eligible to receive any of the services described herein may utilize such services if he or she can demonstrate that he or she does not have direct supervisory responsibility over the Provider's employee(s) or service program. Staff members, or. their immediate family members (spouse, children, siblings, mother or father) of Homeless Trust funded programs, who are eligible for and wish to receive services from a Homeless Trust funded program must receive the approval of the Executive Director of their employer'(i.e. the Provider) prior to applying for and receiving those services. This approval must be in writing and accompany any referral for such services. Any Provider knowingly accepting a referral of an employee of a Homeless Trust funded program, and providing services .without the written approval of the Executive Director of the Provider, will be subject to .the recoupment /disallowance by _ the County of any funds paid for services to this individual and /or their immediate family member. When, the services are to be provided at the same agency the employee works for, this information must be disclosed in writing to the director of the Homeless Trust, which shall be reviewed - for eligibility determination and a sign off must come from the County. This provision does not apply to staff members seeking emergency shelter, medical or legal services. Providers must complete a Client Services Authorization Form (Attachment P) for staff members seeking services. 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 Page 8 of 27 t The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 Domestic Violence .Leave, codified as § 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in the .regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract, or for commencement of debarment proceedings against Provider. 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; 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. Page 9 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A ARTICLE 12. NOTICE REQUIREMENTS Notice under this Contract 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 Contract. 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 Homeless Trust 111 N.W. 1 St Street, 27th Floor Miami,. Florida 33128 Attention: David Raymond, Executive Director Electronic mail: dray @miamidade.gov If to the PROVIDER: Jorge M. Gonzalez City Manager The City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Electronic mail: CityManager@miamibeachfl.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. k ARTICLE 13. AUTONOMY Both parties agree that this Contract 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 Contract, 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 Contract, which by nature -would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. ARTICLE 15. BREACH OF CONTRACT: COUNTY REMEDIES A. Breach. A breach by the Provider shall have occurred under this Contract if. (1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of Page 10 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -III -A Insurance required by this Contract 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 Iicensure /certification or proof of background screening required by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits* incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the Provider does not submit or submits incomplete or incorrect required reports; (7) the Provider refuses to allow the County access to records or refuses to -allow the County to monitor, evaluate and review the Provider's program; (8) the Provider discriminates under any of the laws outlined in Article 10 of this Contract; (9) the Provider, attempts to meet its obligations under this Contract through fraud, misrepresentation, or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation, or review within the specified time as described and defined in its Performance Improvement Plan (PIP); (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; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements, and stipulations in this Contract; (14) the Provider fails to meet any of the terms and conditions of. the Miami -Dade County Affidavits (Attachment C) and the State Affidavits (Attachment D) . 0 Applicable ® Not Applicable or (15) the Provider fails to fulfill in a timely and proper manner any or all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. In the event that the County determines certain Contract goals (as defined in the Scope of Services) are not being met then the County, in its sole discretion may place the Provider on a Performance Improvement Plan (PIP). The following is a delineation of some instances where a PIP may be required: a. HMIS- Based on Provider's past performance on prior contracts in the area of Homeless Management Information System compliance it is subject to a PIP- during this contract term. The Provider is required to submit a Monthly Progress Report and an HMIS- generated Monthly Progress Report for each month of the contract. Compliance will be determined when it is deemed that the two (2) reports are in substantial conformity with each other for a period of two consecutive months. (Substantial conformity as meaning a minimum .of 95% accuracy on all elements). At the time of compliance, the Provider shall only be required to submit the HMIS - generated Monthly Progress Report. o Applicable n Not Applicable b. Utilization — Bused on Provider's past performance on, prior contracts in the area of utilization compliance, this contract is subject to a PIP. During this contract term, the Provider must submit all invoices in a timely manner. The Provider shall invoice at a rate of 95% of targeted expenditures for the invoicing period. If the Provider fails to comply, all rights to payments will be forfeited if the County so chooses. Failure to submit accurate invoices for appropriately documented and eligible expenditures at a rate of 95% of targeted expenditures by the end of the third quarter of this contract term may result in the termination of this contract by the County. o Applicable Z Not Applicable Page 11 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A c. Program Performance —,,Based on Provider's past performance on prior contracts in the area of program goals and outcome objectives, this Contract is subject to a PIP. During this Contract term, the Provider must achieve those goals specified in the Contract. Performance he these annual goals shall be evaluated on a quarterly basis, and if by the end of the third quarter of the contract period substantial compliance (meeting the. targeted goals) is not achieved, it may result in the termination of this contract with the County. ❑ Applicable ® Not Applicable The above is subject to the review and approval of the County B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof. In the event of termination, the County may: (a) request the return of finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees, 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof. If payments are suspended, the County shall specify in writing the actions that'must 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 contra cts_ entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing an action 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 Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date. 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 debarred from county contracting for up to five (5) years; Page 12 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 6. Any other remedy available at law or equity. C. Authorization to Terminate Contract. The Mayor or the Mayor's designee is authorized to terminate this Contract 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 Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. ARTICLE 16. TERMINATION FOR CONVENIENCE The County may terminate this Contract, in whole or part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with further expenditure of the funds. Both parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. However, if the County determines in the case of partial termination that the reduced or modified portion of the grant will not accomplish the purposes for which the grant was made it may terminate the grant in its entirety. The County may also, in its sole discretion, terminate the contract. The Provider understands and acknowledges that if the County determines in its sole discretion that termination of the Contract is necessary for the healthy, safety, or welfare of the County then it may due so upon twenty -four (24) hours notice to the Provider. Page 13 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A ARTICLE 17. PAYMENT PROCEDURES The County agrees to pay the Provider for services rendered under this Contract based on the payment schedule, timely provision by the Provider of required reports and of supporting documentation of expenses and activities as described in this Contract, and the line item budget (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). 1. How payment will be made Payment requests shall be made to the County on a monthly basis and shall be signed by the Executive Director and the Financial Officer of the Provider, unless otherwise approved in writing, on the form incorporated herein as Attachment F "Monthly Payment Request ". The payment request for the previous month is due by the 15th of the month following the month for which payment is invoiced. 2. Any reimbursement may be withheld pending the receipt and approval by the County of all reports and documents required herein. 3. The parties agree that payment will be based upon a total sum of $ 18,750.00 and said amount shall be paid in seven (7) equal monthly installments of $2,678.57 for the provision of services outlined in Attachment A, "Scope of Services ". 4. As applicable, during the period of NIA through N/A , the Provider will submit a record of those individuals served utilizing Social Security Administration repayments as specified in the Scope of Services. The Provider will utilize these funds to serve those clients as specified and authorized in the Scope of Services 5. NIA Providers with cumulative utilization rates greater than ninety percent (90 %) during the first nine (9) months of this Contract may exceed this maximum number of billable bed days during the last quarter of the Contract term, up to the total Contract award amount, with the prior approval of the Executive Director of the Homeless Trust. 6. NIA Providers with .cumulative utilization rates lower than ninety percent (90 %) may be subject to a reduction in funding. 7. Within thirty (30) days of the termination or expiration of this Contract, a final report of expenditures shall be submitted to the County. If after the receipt of such final report, the County determined that the Provider has been paid funds not in compliance with the Contract, and to which it is not entitled, the Provider will be required to return . such funds to the County or submit documentation demonstrating that the expenditure was in compliance with this -Contract. The County shall have the sole and absolute discretion to determine if the Provider is entitled to such funds and the County's decision in this matter shall be final and binding. Page 14 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -III -A 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. The County reserves the right, at its sole discretion to convert this Contract to a cost -based Contract in which the Provider shall,. be paid through reimbursement payment based on the budget approved under this Contract and when documentation of completed and satisfactory service delivery is provided. Thus, it is imperative that the Provider maintain appropriate supporting documentation for all expenditures from the beginning of the Contract term (i.e., receipts, bank statements, cancelled checks, employee timesheet, etc.). Once the County, in its sole discretion has made the determination to convert to a cost -based method, the Provider shall submit to the Contract Manager, the Monthly Reimbursement form provided by the County on a monthly basis. Monthly reimbursement requests.(both retroactive and current) and accompanying supporting documentation must be received by the County no later than the 25 of the month following the month for which reimbursement is requested. 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 the Provider following requirements and limitations as detailed in Article 21 of this Contract. D. Processing the Request ' 'for Payment. After the County staff reviews the payment request, . the County will sumit a payment- request to the County's Finance Department. The County's Finance Department will issue payment via Automated Clearing House (ACH) or mail the check directly to the Provider at the address listed in Article 12 of this Contract, unless otherwise directed 'by the Provider in� writing. The parties agree that the processing of a payment request from date of submission by the Provider shall take a maximum of thirty (30) days from receipt of a complete and accurate payment request, pursuant to the County's Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40), Section 2 -8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3 -19, and the Florida Prompt Payment Act, if supporting documentation /invoices are properly documented as determined by the County in its sole discretion. 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. Page 15 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A E. Reporting Requirements. Failure to submit to the County the reports listed below in a manner deemed correct and acceptable by the County by the 1 day after the end of the month in which the service was delivered, or failure to submit to the County supporting documentation of Contract expenditures or activities within fourteen (14) days of any County request, shall be considered a breach of this Contract and may result in withholding payment, n.on- payment, or termination of this Contract. Applicable as indicated 1. Monthly Payment Requests /Invoice For Services (Attachment E) 0 2. Monthly Performance Reports (Attachment G) 0 3. Outcome Performance Measurements Monthly Report (Attachment H) ❑ 4. Client Contribution Report (Attachment 1) ❑ 5. Client Attendance Roster (Attachment J) ❑ .6. Quarterly Vacancy / Permanent Housing Placement Report(Attachment K) ❑ Performance Reports. The Provider agrees to participate in the Homeless Management Information System (HMIS) selected and established by the County. Participation. will include, but is not limited to, input of client data upon intake, daily updates of bed availability information, as well as updates of client files upon client contact, and maintaining current data for statistical purposes. The Provider understands that they are responsible for any ongoing cost to access the HMIS system. The Provider shall furnish the County with Monthly, Quarterly, and Annual Performance Reports in accordance with the activities and goals detailed in the Scope of Services. The reports shall explain the Provider's progress for the quarter. 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 Contract. Continuation of this Contract and funding is contingent upon meeting established performance goals. Progress reports, produced through the Homeless Management Information System (HMIS) invoices .for services and client attendance rosters signed by the Executive Director of the agency shall by submitted by the Provider, as required. F. Final Report/Recapture of Funds. Upon the expiration or termination of this Contract, the Provider shall submit the final Annual Performance Report and Annual Actual Expenditure Report (Attachment L) to the County no later than thirty (30) days after the expiration or termination of this Contract. If after receipt of such final reports, the County 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 the County may reduce, by the amount of such funds, from any subsequent payment to which the Provider is entitled, or the Provider may submit appropriate documentation within seven (7) days of notice from the County. The County shall have the sole discretion in determining if the Provider is entitled to such funds and the County's decision on this matter shall be final and binding. Additionally, any unexpended or unallocated funds shall be recaptured by the County. Additionally, the Provider agrees to assign any proceeds to the County from any contract, including this Contract, between the County, its agencies or instrumentalities and the Provider or any firm, corporation, partnership or joint venture in which the Provider . has a controlling financial interest ,in order to secure repayment of any reimbursements for services provided under this or any other contract for which the County discovers was not reimbursable through its inspection, review and /or audit pursuant to this Contract. Page 16 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 Contract 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 Contract. D.' Double Payments. , Provider costs claimed under this Contract may not also be claimed under another contract.or grant from the County or any other agency. Any claim for double payment by Provider shall be considered a material breach of this Contract. ARTICLE 19. REQUIRED DOCUMENTS, RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW A. Certificate of Corporate Status. The Provider must submit to the Contract Manager, within thirty (30) days from the date of execution of this Contract, a certificate of corporate status in the name of the Provider, which certifies the following: that the Provider is organized under the laws of the State of Florida; that all fees and penalties have been paid; that the Providers most recent annual report has been filed; that its status is active; and that the Provider has not.filed Articles of Dissolution. B. Board of Director Requirements. The Provider shall ensure that- the Provider's Board of Directors is apprised of the programmatic, fiscal, and administrative obligations under this Contract funded through County Funds by passage of a formal resolution authorizing execution of this Contract with the County. A copy of this. corporate resolution must be submitted to the County prior to- contract execution. A current list of the Provider's Board of Directors and officers must be included with the submission. The Provider acknowledges and understands that all contract documents shall be signed by either the Provider's President or Vice President. The Provider's resolution shall at a minimum: list the, name(s) of the Board's President, Vice President and, only in the event that the President or Vice President is not available to execute the contract documents, any other persons authorized to execute this Contract on behalf of the Provider; affirmatively state that a quorum was present at the time of adoption of the . resolution; and reference the service categories and dollar. amounts in the award, as may be amended. C. Proof of Tax Status. The Provider is required to submit to the County the following documentation (a) W -9 Form (Attachment M); (b) The I.R.S. tax exempt status determination letter; (c) the most recent I.R.S. form 990; (d) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal year end; (e) 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. Page 17 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A D. Conflicts of Interest. Section 2- 11.1(d) of Miami -Dade County Code as amended, 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 competing or applying for any such. contract as it pertains to this solicitation, to 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. Further, any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Contract voidable. E. 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 no less than three (3) .years beyond the term of this Contract, and shall be . made available for review upon request from County authorized personnel. F. 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 County no later than one hundred eighty (180) days following the end of the Provider's fiscal year, for. each year during which this Contract remains in force or until all funds received pursuant to this Contract have been so audited, whichever is later. G. 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 Contract at its place of business during regular business hours. The Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the County to ensure compliance with applicable accounting and financial standards. H. Quarterly Reviews of Expenditures and Records. The County Commission Auditor may perform quarterly reviews of Provider's expenditures and records. Subsequent payments to the Provider shall be subject to a satisfactory review of Provider's records and expenditures by the County Commission Auditor, including but not limited to, review of supporting ' documentation for expenditures and the existence of sufficient documentation to support eligible expenditures. The Provider agrees to reimburse the County for ineligible expenditures as determined by the County Commission Auditor. B. Quality Assurance / Recordkeeping. The Provider shall maintain, and shall 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 Contract. The Provider and its subcontractors. and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Contract for a period of ® three (3) years or ❑ years (for State contracts) ,from the expiration date of this Contract. . 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 Page 18 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -III -A care /service delivery. Accordingly, the Provider shall allow authorized County staff involved in such efforts to examine and review the Provider's premises and records. J. Confidentiality Requirements. The Provider "shall establish and implement policies and procedures which ensure 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 fides, 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; (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, organization and maintenance, access and security, confidentiality, retention, release of information, copying, and faxing. K. Monitoring: Management Evaluation and Performance Review. The Provider agrees to permit County authorized personnel to, monitor, review and evaluate the program /work which is the subject of this Contract. The County shall monitor fiscal, administrative, and programmatic compliance with all the terms and conditions of the Contract. The Provider shall permit the County to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the County'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 Page 19 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A within the specified time the County may suspend payments or terminate this Contract. The County may conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Contract and funding are dependent upon the County being satisfied with the results of the evaluations. L. Client Records. The Provider shall maintain a separate Jndivid.ual 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 Contract. M. 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 Florida Statutes related to Emergency Management that .are applicable to the Provider. The Disaster Plan /COOP must be submitted to the County no later than April 1 st 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 shall have 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 Page 20 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 Contract without the prior written approval of the County 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 Contract. 1) If the Provider will cause any part of this Contract to be performed by a Subcontractor, the provisions of this Contract 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 making any subcontract for any- portion of the services, will state in writing to the County the name of the proposed Subcontractor, the portion of the Services which the Subcontractor is to perform, the place of business of such Subcontractor, and such other information as the County may require. The County will have the right to 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 Contract 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 Contract. 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 Page 21 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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 Contract. 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 Contract. 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; and the option to pay the Subcontractor directly for the performance by such subcontractor. 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. B. 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 Code of Miami -Dade County, Administrative Order No. 3 -19, and the Florida Prompt Payment Act, payments 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 suspension or termination of this Contract or debarment. 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's orders, statutes, ordinances, rules and regulations that may pertain to the Services required under this Contract, including but not limited to: a) Miami -Dade County Florida, Department of Business Development Participation Provisions, as applicable to this Contract. b) Miami -Dade County Code, Chapter 11A, including but not limited to Articles III and IV. All Providers and subcontractors performing work in connection with this Contract 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 Page 22 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A 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) Conflict of Interest and Code of Ethics Ordinance, Section 2 -11.1 et seg. of the Code of Miami -Dade County, as amended. d) Miami -Dade County Code Section 10 -38, Debarment of contractors from County work. 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. f) Miami -Dade County Ordinance 99 -152 codified at Section 21 -255 et seq. prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami -Dade County. Notwithstanding any other provision of this Contract, Provider shall not be required pursuant to this Contract to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Provider, constitute a violation of any law or regulation to which Provider is subject, including but not limited to laws and regulations requiring that Provider conduct its operations in a safe and sound manner. ARTICLE 23. MISCELLANEOUS A. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Contract shall recognize and adequately reference the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes and references the County (by inserting the Miami -Dade County Homeless Trust Logo on all materials) for the support of all contracted activities. This is to include, but is not Limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official Miami -Dade County Homeless Trust 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 Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Venue for this Contract shall be Miami -Dade County, Florida. C. Modifications. Any alterations, variations, modifications, extensions, or waivers of provisions of this Contract including, but not limited to, amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. Page 23 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A The County and Provider mutually agree that modification of the Scope of Services, schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be made as a written amendment to this Contract executed by both parties. The Mayor or the Mayor's designee is authorized to make modifications to this Contract as described herein on behalf of the County. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed. modifications to this Contract. D. Counterparts. This Contract is executed in three (3) counterparts, and each counterpart shall constitute an original of this Contract. 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 Contract. Wherever. used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires. F. Review of this Contract. Each party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of this Contract. G. The County's Consultant. The Provider understands that in order to facilitate the implementation of this Contract, the County may from time to time designate in writing a development consultant to work with. the Provider. The County's consultant shall be considered the County's designee with respect to all portions of this Contract with the exception of those provisions relating to payment of the Provider for services rendered. The County shall provide written notification to the Provider of the name, address, and employees of the County's consultant. H. Contracts with Municipalities or Counties Outside Miami -Dade County to Provide Homeless Housing in Miami -Dade County. The Provider desiring to transact business or enter into a Contract with the County for the provision of homeless housing and /or services swears, verifies, affirms and agrees that (1) it has not entered into any current contract, arrangement of any kind, or understanding with any municipality outside of Miami -Dade County or any County (collectively "locality ") to provide housing and services for homeless persons in Miami -Dade County who are transported to Miami -Dade County by or at the behest of such locality and (2) during the term of this Contract, it will not enter into any such contract, arrangement of any kind, or understanding; provided, however, upon the written request of the Provider prior to entering into such contract, understanding that the County may, in its sole and absolute discretion, find and determine within sixty (60) days of such request that a proposed contract should not be prohibited hereby, as the best interests of the homeless programs undertaken by and on behalf of Miami -Dade County would not be negatively affected by such contract, arrangement, or undertaking. Page 24 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A I. Incident Reports. The Provider must report to the Miami -Dade County Homeless Trust information related to any critical incidents occurring during the administration of its programs. The Provider is to utilize the "Incident Report" form attached as Attachment N. In addition to reporting this incident to the appropriate authorities, the Provider must within twenty -four (24) hours of any incident, submit in writing a detailed account of the incident. This incident report should be addressed to the County. This incident report should be addressed to Miami -Dade County Homeless Trust, 111 NW First Street, 27 Floor, Suite 310, Miami, Florida 33128; telephone (305) 375 -1490 and facsimile (305) 375 -2722. J. Totality of Contract / Severability of Provisions. This Contract and Attachments, with it recitals on the first page of the Contract and with its attachments a's referenced below contain all the terms and conditions agreed upon by the parties: K. Property. This section applies to equipment with an acquisition cost of $5,000 or more per unit and all real property. a. Any real property under the Provider's control that was acquired /improved in whole or in part with funds from the Homeless Trust and any equipment purchased .for $5,000 or more shall be disposed of, at the expiration or termination of- this contract, in accordance with instruction from the Homeless Trust. Real Property is defined as land, including land improvements, structures, and appurtenances thereto, including movable machinery and equipment. Equipment means tangible, nonexpendable, personal property having a useful Fife of more than one year and an acquisition cost of $5,000 or more per unit. b. All equipment with an acquisition cost of $5,000 or more per units and all real property purchased in whole or in part with funds from this and previous contracts with the Homeless Trust, or transferred to the Provider t after being purchased in whole or in part with funds from the Homeless Trust shall be listed in the property records of the Provider and shall include a Legal description, size, date of acquisition, value at time of purchase, owner's name if different from the Provider, information on the transfer or disposition of the property, and map indicating whether property is in parcels, lots or blocks and showing adjacent streets and roads. Notwithstanding documentation required for reimbursement purposes, a copy of the purchase receipt for any asset described above purchased with Homeless Trust funds must also be included in' the Providers monthly reimbursement package submitted to the Homeless Trust in the month in which the item was purchased along with the "Provider Asset Inventory" .(Attachment O). Page 25 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A C. All equipment with an acquisition cost of $5,000 or more per unit and all real property shall be inventoried annually by the Provider and an inventory report shall be submitted to the Homeless Trust. This report shall include the .elements listed in the paragraph listed above. Attachment A: Scope of Services Attachment B: Budget Attachment C: Miami Dade County Affidavits Attachment D: State Affidavits (NOT APPLICABLE) Attachment E. Primary Care Invoice for Services (NOT APPLICABLE) Attachment F: Monthly Payment Requests Reports Attachment G: Monthly Performance Reports (NOT APPLICABLE) Attachment H: Outcome Performance Measurements Monthly Report Attachment I: Client Contribution Report (NOT APPLICABLE). Attachment J: Client Attendance Roster (NOT APPLICABLE) Attachment K: Vacancy /Permanent Housing Placement Report (Quarterly) , (NOT APPLICABLE) Attachment L: Annual Performance Report & Annual Actual Expenditure Report Attachment M: W -9 Form Attachment N: Incident Report Attachment O: Provider Asset Inventory Report Attachment P: Client Services Certification Form No other agreement, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder, of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law and ordinance. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 26 of 27 The City of Miami Beach Identification Assistance Program PC- 1011 -ID -A IN WITNESS WHEREOF, the parties have executed this Contract, along with all of its Attachments, effective as of the contract date herein above set forth. THE CITY OF MIAMI BEACH MIAMI -DADE COUNTY By. By Name: J Name: cwJurd. � �,� Title: w� - t!Y� Title. � e � a �'t Q � � C ..�ur►� Date: Date: Attest: Attest: HARVEY RUVIN, Clerk Authorized Person OR Board of County Commissioners Notary Public Print Name: B y: s ., Title: t UEl Zl61 Print Nam'e�� : �. . Corporate Seal OR Notary Seal /Stamp: APPROVED AS TO FORM & LANGUAGE ;&-FOR TLON Date Page 27 of 27 ATTACHMENT A SCOPE OF SERVICES THE CITY OF MIAMI BEACH IDENTIFICATION ASSISTANCE PROGRAM GRANT #: PC- 1011 -ID -A SCOPE OF SERVICES The provider agrees to provide identification assistance services to 200 homeless persons in Miami -Dade County. Note: It is noted that the abovementioned number is based upon an annual total, which will be prorated accordingly during the initial seven' (7) month contract period ( 112 homeless persons). The following services must be provided under this Agreement: ■ : Identification document replacement services for homeless persons in Miami -Dade County. Documents to be replaced include but are not limited to: 1. Florida Identification Cards 2. Birth Certificates 3. Marriage Certificates 4. School Records 5. Court Documents (judgments, orders, related documents) 6. Lawful Permanent Resident Cards 7. Naturalization Certificates 8. Florida Driver's Licenses Note: The cost of replacing the documents specified above may be funded via this grant or where applicable fee waivers may be obtained via the appropriate source. ■ Staff shall deliver identification services to homeless individuals. " Staff shall maintain a regular working schedule, as may be modified from time to time as mutually agreed upon in writing, with an intake specialist /case worker providing services. Staffing will be provided primarily in the Miami Beach Office of Homeless Programs located at 555 17"' Street, Miami Beach, Florida. ■ Provide referral services for community -based resources including but not limited to: legal and medical services, food, employment, vocational training and clothing. ■ Provide follow -up and tracking of each person assisted to determine outcome measures. PERFORMANCE MEASURES EXPECTED OUTCOMES INDICATO 1. Homeless clients will be assessed 300 clients will be assessed 2. Homeless clients will obtain vital personal 200 or 66% of homeless clients will obtain vital identification documents. personal identification documents. 3. Homeless clients will obtain official photo, 150 Or 50% of homeless clients will obtain official identification. photo identification. City of Miami Beach 'Identification Assistance Grant 1 Budget — Pro -rated (7 months) Category Requested JusMiicatiar� . .... Fundin Salaries 1 case .$8,166.67 Case worker -16 worker hours per week x 31 weeks Postage $291.67 Postage for birth certificates and immigration document r requests. Office Supplies $583.33 Case files, pens, paper, toner, labels, envelopes, Transportation $443 Transportation of clients to the Department of Motor Vehicles Identification $9,265.33 Identification Document Fees document replacement filing fees TOTAL $18 14 . _ ATTACHMENT C THE CITY OF MIAMI BEACH WAMI - DARE COUNTY HOM�I,ESS TR�JST , I MI -DAD; COUNTY REQUIRE AF�IIDA'�rTS Ii The contracting individual or entity (goveiuncntal or otherwise) shall indicate ley, an "X" all affidavits • ' that pertain to this contract and shall indicate by an "N %A" all affidavits that do not pertain to tins contract. All i blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DARE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADS CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and .the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the Uited States or any of its departments or agencies thereof; the State or any political subdivision or agency thereof or any municipality of this State. Tle MIAMI -DADS FAMILY LEAVE AFFIDAVIT shall, not pertain to contracts with the United States or any. of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to muiucipalties of the State of Florida. All other contracting,entities or individuals shall read carefully each affidavit to detern whether or not it pertains to this contract. I �E, - �� tJ �.r�- --�" , being first duly: sworn state:. . Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): S_ - Federal Employer Identincation Number (If none, Social Security) . Name of Entity, Individual(s), Partners, or Corporation i Doing Business As (if same as above, leave blank) Street Address. City a State Zip Code . V M Mull -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec, 2,8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the futl legal dame and business address shall be provided foz each officer and director and each stockholder who holds directly or indirectly five percent (S %) or More of the corporation's stock. If the contractor business transaction is with a partnership, the foregoing information shall be provided for each partner, If the contract or business transaction is with a trust, the frill legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements - shall not pertain to contracts with publicly traded corporations onto contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): i .. 16 Full Legal Nallie Acldresa Ownership 2. The full _legal naives and business address of any other individual (other than sltbcontractors, material- inen, suppliers, laborers,. or lenders), who leave, or will Have, any interest ( egal equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 1. Any person who willfully fails to disclose the irifonnation required' herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred-dollars ($500.00) or imprisonnieilt in the County jail for up to sixty (60) days or both, I- DDE`COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance "No. 90= { 33, Amending sec. 2.8 -1; Subsection (d)(2) 01 the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal 'thereof. which involves the expenditure of ten thousand dollars ($10,000) or more shall. require the entity contracting 'or transacting business to disclose the followirig. information. The foregoing disclosure; requirements do not apply.to contracts with the United'States for any department or agency ' thereof, the State or any political subdivision. or agency thereof or. municipality of this State: 1. �Rocs your firm have a collective bargaining agreement with.its employees? Yes No 2, ohs your firm provide paid health care benefits for its employees? Yes No 3. Provide a current�breakdowil (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males( Females Asian: ( Males Females Black: Males 5 - � - -- Females American Ilidian: _Males Females f lispallics; J Males. Females Aleut (Eskimo): Males Females Males. Females: Males Females � I h FIRMATIVE ACTION /NONDISCRIMINATION , OF' EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 - 30 codined`at 2 -8:1.5 of the County Code.) ' In accordance with County Ordinance No. 98 -30, entities with anneal gross revenues in excess of - $5;00.0,000 welting to.; contract with the County shall, its a condition `of reeelvulg a County contract, have: i) a written affinilative action plan which sets forth the procedures the entity utilizes to assure that it - does not discriminate in; its employment and promotion practices; gild ii). a written procurement policy which sets forth the procedures the entity utilizes to. assure that. it does not discriminate against minority worneii- owned businesses III its own procurement of ' goods . , supplies .and SeI11CBS. Such affirmative plans and procurement policies shall provide for perlociic review to: determine flier effectiveness 111 assuring the entity does not diSCrinl nate In its employment, promotion and procurement pI'actices. The foregoing notwithstanding, corporate entities whose boards of directors are represel7tative of the population make -up of the nation shall be .presumed to have non- discrinlinatoiy employment and pI'oCllrellletlt. policies, and shall not be required to have wrlttM afflrl lathe action plans and proCLli e111el1t { policies 111 order t0 I'eCe1Ve i Cotlilty contract. , The *foregoing pi esuiall)tion May b''e 1•ebutted. The requirements of County Ordinance No, 98 -30 may be waived upon the written recommendation of the County Manager that It is in vest interest of the County to do so and upon approval of the Board Of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5 The firm does have annual revenues in excess of $5,000,000; however, its Board of Dii e toi representative of the population make -up of the nation and has subnutted a written, detailed listing of its Board of Directors including the .race or etluveity of each board member, to the County's Department of Business Development, 175. N.W, 1st, Avenue, 28th Floor, Mianu, Florida 33128, �TIi ruin has annual gross revenues in excess of $5,000,000 and the firm does have a written in action plan and procure illent policy as described above, which includes periodic w reviews to determine effectiveness, and has subnutted the plan and policy to the County's Department of. Business Development, 175 N.W. 1 Avenue, 28th Floor, Mianu, Florida I ) 33128; The firm does not have an affzz action. .plan and /or a procurement policy as described above, but has been granted a waiver. I -DADE COUNTY CRIMINAL RECORD .AFFIDAVIT (Section 2 -8.6 of the County Code) Th1 - individual or .entity entering into a contract or receiving funding from the County has C hta�s _ no� as of the date of this an been convicted of a felony during the past ten (10) years. l An officer, director, o rtive of the entity entering into a contract 'or receiving funding from the County has has not as of the date of this affidavit been convicted of 'a felony during the past ten (10) years. V. I - DADS EMPLOYMENT DRUG - FREE WORKPLACE AFFIDAVIT (County Ordinance No. codified as Section 2 -8.1.2 of the Count y 'Code) That in compliance with Ordinance No. 92 -15 of the Code of Mian-i -Dade County, Florida, the above named person or entity is providing adrug =free workplace. A written statement to each employee j shall inform the employee about: danger of dr ug abuse in the workplace 2 the firm's policy of maintaining a drug -free envirorinient at all workplaces J rug counseling, rehabilitation and employee assistance progianls 3: availability of d 4, penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of ernployzmei`it that the employee will abide by the terms and notify the employer of any cririunal 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 terriunation, I Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or sez vice offered by the person or entity zi7ake it necessary for the operation of the County or for the health -, safety, welfare, .cconoia benefits and well - being of the public, Contracts involving funding which is provided in whole or in part by the United Slates or the State of F16rida shall be exenlpt.ed from the provisions of this ordinance in those instances vlhcre those provisions are In conflict with the i, requirements of those governmental entities. J E EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No, �V `T\41AMI -DAD C_� 142 -91 codified as Section I IA -29 et, sed of th County Code) C_,­" That in compliance. with Ordinance No. 142 -9-1 of the Code, of Miami Dade, County, Florida, an employer with fifty. (50) or. more employees working in Dade County for each workiiig day during each of twenty (20) or more calendar work weeks, shall provide the following information to compliance with all items in the aforementioned orclinnce: An employee who has worked for. the above firm at least one (1) year shall he entitled to iunety. (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of .a child, spouse or other close relative who has a serious health condition without, risk of ternation of employment or employer retaliation. nu b ' The foregoing requirements shall not pertain to contracts with the Uiuted' States or any departmert' or . rD agency thereof, or the State of Florida or any political subdivision: or agency thereof. It shall, however, pertain to municipalities of tiiis -State. II, ' D NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party cozi, actor under this project complies :requirements of . laws listed below including,. but not linv With all applicable ted to, those tlie provisions pertaining to employment, provision of programs and services, transportation, conu access 'to facilities, renovations, and new construction in the following laws: The Americans- with Disabilities Act of •1990 (ADA), Pub. L. 101 -336; 104 scat 327, 42 U,S.C, 12101 -12213 and 47 U.S.C..Sectons 225 and 61 -1 including Title I, Ernployinent; Title II, Public Services; Title Public a cconuno ation-s and Services Operated by Private Entities; Title IV, Teleconununications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 - U.S.C: Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612,; The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 363.1. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the "State or ally political ' - auldivision or agency thereof or any ii�unicipality of this State, N I; MIAMI -D ADE CO JNTTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR.. L TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above m naed firm; corporation, organization or individual desiring Ito. transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and proper taxes, utility taxes and occupational licenses. -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued .parking tickets for.vehicles registered in the name of the firm, corporation, organization or individual hzve been paid. IX!NT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to ' the County and is, not otherwise .in default of any contract, pron note or other loan document with the County or any of its agencies or instrumentalities. { r 19 r � 7 , ROJECT FRESH START (Resolutions R- 702 -98 and 358 -99). 0 or more shall Any firm that has a contract with the County that results in actual payment of �50Q,00. contribute to Project Fresh Start, the County's Welfare to Work Initiative.- Ilowever,� if five percent j (5 %) of the firm's , ,trork force consists of individuals who reside in Mianu -Dade County and who have.. lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as ' a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may . request waiver from the requirements of R- 702 -98 and R- 358 -99' 'D subnutting a waiver request affidavit. The foregoing requirement does not pertain to goveriument entities, not for profit o�nizations or recipients of grant awards. Xj) /;>OMESTIC. VIOLENCE LEAVE (Resohition 185 -00; 99 -5 Codified At 11A -60 Et. Seq: of the � jMiami -Dade County Code). The fine desiring to do business with the County is in compliance with '.Domestic Leave Ordinance, Ordinance -5, codified at I"IA -60 et. seq. of the Miairu .Dade County Code, which requires an employer which has. in the regular course of business fifty (50) or snore employees worlcing in Mianu- Dade County for each working day during each of twenty (20)' or more calendar work weeks in the current or proceeding calendar:years,. to provide Domestic Violence Leave to its employees, I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits ". and have ii7dicated by an "X" all, affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. - B ` ,- - % Y i ttue``of At cant) =— --� (Date). SUBSCRIBED AND SWORN TO (or affirmed) before me this ; r day of He /fie is personally known to 'me or has presented �,° as identification. {Type of Identification) r of Notary) {Serial Number) (Signatu ti ' - (Print or Staiilp of Notary) (Expiration Date) Notary Public — Starrmp State of - �'°p Notary Seal (State). 'T `� r , ,IC 35 T.".TF o'r.� I-;1tlRIDA AR ., P &'ilos h � C;cmrsliss on # DD807512 R 08 BONDED 1FihTJ A'rLANTI C B ONDUiG CO-, INC i. y • ` anfl I ATTACHMENT D NOT APPLICABLE ' i ATTACHMENT E NOT APPLICABLE p ATTACHMENT'F Miami -Dade County Homeless Trust Monthly. Payment Request NAME OF AGENCY: The City of Miami Beach SERVICE PERIOD: TO NAME -OF GRANT: Identification Assistance Program 7 GRANT NUMBER: PC- 1011 -ID'A TOTAL AWARD AMOUNT S 18,750.00 AMOUNT OF FUNDS REQUESTED THIS MONTH: AMOUNT OF FUNDS RECEIVED TO DATE: BALANCE REMAINING ON GRANT: 18,750.00 (following payment of this request) Signature of Agency Representative Date Printed Name of Agency Representative. ATTACHMENT , ,G s e NOT APPLICABLE ATTACHMENT H' OUTCOMES AND PERFORMANCE MEASUREMENTS MONTHLY REPORT' EXPECTED OUTCOMES INDICATORS I. Homeless clients will be assessed 300 clients will be assessed 2. Homeless clients will` obtain vital personal 200 or 66% of homeless clients will obtain vital identification documents. personal identification documents. 3. Homeless, clients will obtain official photo 150 Or 50% of homeless clients will obtain identification. official photo identification. EXPECTED'OUTCOMES CUR_ RENT MONTH YEAR -TO -DATE 1. Homeless clients will be assessed 300 clients will be assessed 2. 'Homeless clients will obtain vital :personal identification documents. 4 200 or 66% of homeless "clients will obtain vital personal identification documents. 3. Homeless clients will obtain official photo identification. 150 Or 50 % of homeless clients will obtain official photo identification. ATTACHMENT I. NOT APPLICABLE t ATTACHMENT J NOT APPLICABLE ATTACHMENT K NOT, APPLICABLE ATTACHMENT L MIAMI -DADE COUNTY HOMELESS TRUST ANNUAL ACTUAL EXPENDITURE REPORT CITY OF MIAMI BEACH HOMELESS' ASSISTANCE PROGRAM IDENTIFICATION ASSISTANCE. PROGRAM — GRANT .NUMBER-.PC- 1011 -ID -A MARCH 1, 2011. —. SEPTEMBER 30, 2011, Name of Agency: THE CITY OF MIAMI BEACH - : 18,750.00 Month of Services -_ Amount Paid Mar -11 A ' r -11 May -11 Jun -11 Jul -11 Aug-11 . Sep-11 , Total Requested 0.00 Balance Remaining $ 18,750.00 Executive Director Signature Executive Director_ Printed Name Signature Date 1 Attachment M Form W=9 Re uest for Taxpayer Give F orm to the (Rev. January 2011) Identification Number and Certification Attac AMIRS Do not Department of the Treasury send to the IRS. Internal Revenue Service ` Name (as -shown on your income tax return) C< < o Q G� C i Business name /disregarded entity name, if different from above a Check appropriate box for federal tax c classification (required): ❑ Individual /sole proprietor ❑ C Corporation. ❑ S Corporation ❑ Partnership ❑ Trust/estate a o *• ❑ Exempt payee 0 ❑ )► L Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership O ----------------------------=-- a E] Other (see instructions) ► Address (number, street, and apt. or suite no.) Requester's name and address (optional) - City, state, and ZIP code List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is. your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other - entities, it is your employer identification number (EIN). If you' do not have a number, see How to get a TIN on page 3: Note. If the account.is in more than one name, see the chart on page 4 for guidelines on whose . Employer identification number number to enter. / JJ( �D�� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service. (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions* You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to-an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person ► r C �, �'� Date ► Z �j� Not are nester Ives y ou a form other than Form W -9 to re nest Generallnstructions q g y a your TIN, you must use the requesters form if it is substantially similar Section references are to the Interna Revenue Code unless otherwise to this Form W -9. noted., Definition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who is required to file an information return with the IRS must • An individual. who. is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for A partnership, corporation company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United you paid, acquisition or abandonment. of secured property, cancellation . An estate (other than a foreign estate), .or of debt, or contributions you made to an IRA. • A domestic trust (as defined in Regulations section 301.7701 -7). Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the Special rules for partnerships. Partnerships that conduct a trade or requester) and, when applicable to: business in the United States are generally required to pay a withholding 1. Certify that the TIN you are giving is correct (or you are waiting fora tax on any foreign partners share of income from :such business. number to be issued), Further, in certain cases where a Form W =9 has not been received, a . partnership is, required to presume that a partner is a foreign `person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W -9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. ' is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 1 -2011) ' Form W -9 (Rev. 1 -2011) Page 3 Other entities. Enter your business name as shown on required federal part I Taxpayer Identification Number (TIN) tax documents on the "Name" line. This` name should match the name p shown on the charter or other legal document creating the entity. You Enter your TIN in the appropriate box. If you are a resident alien and may enter any business, trade, or DBA name on the "Business name% you do not have and are not eligible to get an SSN, your TIN is your - IRS disregarded entity name" line. individual taxpayer identification number (ITIN). Enter it in the social security number'box. If you do not have an ITIN, see How to get a TIN , Exempt Payee - below. If you areexempt from backup withholding, enter your name as If you are a sole proprietor and you have an EIN, you may enter either described above and check the appropriate box for your status, then your SSN or EIN. However, the IRS prefers that you use your SSN. check the "Exempt payee" box in the line following the "Business name/ 'If you are a single- member LLC that is disregarded as an` entity disregarded entity name," sign and date the form. separate from its owner (see Limited Liability Company (LLC) on page 2), Generally, individuals (including sole proprietors) are not exempt from enter the owner's SSN (or EIN, if the owner has one). Do *not enter the backup withholding. Corporations are exempt from backup withholding disregarded entity's EIN. If the LLC is classified as a corporation or for certain payments, such as and dividends. partnership, enter the entity's EIN. Note. If you are exempt from backup withholding; you should still Note. See the chart on page 4 for further clarification of name and TIN . complete this form to avoid possible erroneous backup withholding. combinations. The following payees are exempt from backup withholding: How to get a TIN. If you do not have a TIN, apply for one immediately. 1. An organization exempt from tax under section 501(a), any IRA,, or a To apply for an`SSN, get form SS -5, Application for a Social Security custodial account under section 403(b)(7), Card, from your local Social Security Administration office or get this If.the account satisfies the form online at www.ssa.gov. You may also get this form by calling requirements of section 401(f)(2), 1- 800 - 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer 2. The United States or any of its agencies or instrumentalities, Identification Number, to apply for an ITIN, or Form SS -4, Application for 3. A state, the District of Columbia, a possession of the United States, Employer Identification Number, to apply for an EIN. You can apply for . or any of their political subdivisions or'instrumentalities, an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on- Employer Identification Number (EIN) under Starting a 4. A foreign government or any of its political subdivisions, agencies, Business. You can get Forms W -7 and SS -4 from the IRS by visiting or instrumentalities; or IRS.gov or by calling 1- 800 -TAX -FORM (1- 800 - 829 - 3676).: 5. An international organization or any of its agencies or If you are asked to complete Form W -9 but do not thave a TIN, write instrumentalities. "Applied For" in the space for the TIN, sign and date the form, and give Other payees that may be exempt from, backup withholding include: it to the requester. For interest and dividend payments, and certain 6. A corporation; payments made with respect to readily tradable instruments, generally 7 A foreign central bank of issue, you will have 60 days to get a TIN, and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does 8. A dealer in securities or commodities required to register in the " not apply to other types of payments. You will be subject to backup` 'United States, the District of Columbia, or a possession of the United withholding on all such payments until you provide your TIN to the States,' - requester-. 9. A futures' commission merchant registered with the Commodity Note. Entering "Applied For" means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for-one soon. '10. A real estate, investment trust, - Caution: A disregarded domestic entity that has a foreign owner must 11. Amentity registered.at all times during the tax year under the use the appropriate Form W -8. Investment Company Act of 1940; Part 11. Certification 12. A common.trust.fund operated by a bank under section 584(a), To establish -to -the withholding• agent that you are a U.S. person, or 13. A financial institution, resident alien, sign Form W -9. You may be requested to sign by the 14.'A middleman known in the investment community as a nominee or withholding agent even'if item 1, below, and items 4 and 5 on page 4 custodian, or indicate otherwise. - 15. A trust exempt from tax under section 664 or described in section For a joint account, only the person whose TIN is shown in Parts 4947. should sign (when required). In the case of a disregarded entity, the The,following chart shows types of payments that may be exempt person identified on the "Name" line must sign. Exempt payees, see from backup withholding. The chartapplies.to the exempt payees listed . Exempt Payee on page 3. above,_ 1 through 15. Signature requirements. Complete the certification as indicated in items .1 through 3, below, and items 4 and 5 on page 4. IF the payment is for ... THEN the payment is exempt 1. Interest, dividend, and barter exchange accounts opened for ... before 1984 and broker accounts considered active during 1983.' Interest and dividend payments All exempt payees except You must give your correct TIN, but you do not have to sign the certification. for 9 2. Interest, dividend, broker, and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13. Also, C corporations. 1983. You must sign the certification or- backup withholding will apply. If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing 'patronage dividends your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Payments over $600 required � o be Generally, exempt payees 3. Real estate transactions. You must sign the certification. You may reported and direct sales over 1 through 7 2 cross out item 2 of the certification. $5,000 ' 'See Form 1099 -MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099- MISC.are not exempt from backup withholding medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. � y I I i DA E Z _ TT '0 Y L V I NCIDENT El} h :HECK IF CRITICAL Date of "li�cidtnt ~/ Time c,f Incident - am/pni Repertin� Party Pij()ne n_ — :ep6ii Party Name contract Prci\Iide•r 1�ame Program Name j'rpV idet. Locat1017 . Specific Pro�ranz: �c;�ec); all that apl)j�') El SIT E PI i�lZal� Car Snccrjr� locafionl address where incident nccrtr ed: TYPE J1r r �, D C IEI\7T D -EI� T�� E CY1 AL TER 4 TJOA T I NJURY L LATE�SS 0 THEFT , C❑ CLIOTI SEA T 0 S UI CIDE A TTEAl 1 Ej SEA UAL B1� TTER ) �( D 0T�IE. LA%CIDEA/TT ❑ P,� OPER T) DA 1� -� � GE SpccifV CF _ j\_1 A ° J � - .. (plc:>se rn tfl: �' or f' fet either ��.itness car T'articiha»i) ST NAME, FIFZST IpLNTIFIER C'LIC' T OTIIF; ; ,r is —77 7777 DESCRIPTION OF INCIDEN T C \/e detailed account — v,'hO \ , what, htl when. —add PLt`j s if E T A A CT ON AN-1 FOLi .LOW UP l min edi ate . corrective action taken Is fo now up a coon needed? Y's 1 ° 1f yes . specify - �s, � jNDJN71D J kL N0TIF1ED Abuse Re�,istry l- Applicable Lav, F,nforeement Department - e name. of aerson contacted, if report was accepted; the date and time if called or copy of report Lndlc�It l a he Subreci dent n1>ISt report to I'\hi inli -n idc le Colmt� I lone gs Trust in fornla i( inc d(1nt IncicJeni f.�.Po1 �s T } _ cl "lticdl Iikidems occur I durih�� the 101- �ll1LIIS1Cia1111. 11c ubmlt 111 \1'1 "Illll'! d the Eluthmritl�S t11, SllUl'e.clhlCill lull.l detailed acc��unt oftlle incident. This incident rc }tort shrnlld be �ddressed to �. slcTrltst.�ldil il�l��i 1 11sl C�fficcl ssi< ned. This in_ide.ni repol cdlould �� �Iddrefsse.d to ;\Iluml ^hid C _ on �,(),l 1 90 Li6d facslm l c (�U5) l Street. , I Floor. Suite 10. h %iiarlli. F1oa ida f i �-- Y of riiti 1s of Re.pc,rf��f�lc Incide Ls Altercation. � �hys]Cal cC�nfrontalion C>CCL] C�lF'nt and e11�p1QVee Ul a. " �l ] t�},?o or i.rIore alielits at the 'tili�e sere ices are belnLT n a clle.nt Is In the al c.ustod , of the. dt partlmi - It; � }, „ hich I esult in one ter 11�c�r clients or,el»p]o,yees phy sic : } rec.ei� il��� l��edica] trtatlnunt by. a Iic,ens d l:�calth card }professional: �. Client Deat A pal san ��hc�s life iern1inatts dut to or, alleE dly.due to an accidcrit 1 , act of hose, neglect cir other incident oc,cui in,� �1hi]e i1� tl�e J�resel�cc of x17 enal,]o ce,. in Homeless Trust colAracl:ed program' facility • 1 t hl ury or'Illness A medical c.ondltion—of a client requirin�� ,medical treatment. C. Ch e 1 liceli�ed hea]tl� care yofessional sustained or allegedly sustai»ed due .to an . accidel�t_ act of abuse, nealact or other inciciclll occurrin''��7liile i11 the, presence bf,an en1 plovee. in a Homeless Trust contracted program. d. 0Lhei Inci ent” An unusulal occurrence or cii cuunstance initiated Ley. sometlzin�� other than natural causes or out of the ordinary such as a'torl ado, h -1dnap ing, -slot, or J�osta «e situation,��TIZich jeopardizes the health, safety and welfare of clients. r� ley client aTl a client, employee o1) °a e. Sexual Battery An alle of sexual oaLL Q ' a � n,, client_ or client oil an employee as evidenced by medical e , P ce or Jam enforcement i11vo1ven7ent. r. Suicid e Attempt, An act -which clearl}r Ief7e.cts, the ph�Tsical "a.ttempt by a .client �o cause ]Zis or her o�n death `� }�liile in the il ysical custody of the department or a de alinae.l�tal contracted or ce of ed provider, ���hich Ieseilts in bodily injury reclulrin P . nleclical teati�7el�t by a hccnsed health care professional. Property Dama <oe dent invo]vin�� dan�a <Tc to proparty procurcd vAth I1omt Trust fu�idin��' An in c l . i i ►.� F r 1 i r J i -L-H� i n z �,Ot;?�T ; � 01'v�I FL F � TRUST 4L tORtNi FOR, ER1I'LO a'ELS CjF " T1 ��T- SERVj( -'LS CrF:TIFIC.�T`1J REFEF.P.. L RA 'M S HOMELESS TRUST FUNDED PROD �RSTF:LiCTiO'�S: Prop -ider nlal.ing r-efer must complete this t��t; -�7a�e form including Sly natures 1 Iicant and Prop idc r Repress ntativcs. Fay ec,mp]etec forms to Prop ider T:cceivirrg'� e; err a! fur �}} plan Housin' 211d or Scl (eferrin{, Provider. Cc)ljtact Parson: Title Phone l�um1? 'r I�' all G f INFC)PJAATION ON HEAD OF I- IOUSEHOLD: Last Name: First Name: Date of Bli SS INF`Or:J��1ATI0I� ON OTHER HI 0U)SEHOLD MET\rBERS: Name T elationship �� Employer Age Sex i I I 1 , I S ANY ))EMBER OF THE H ©USEHOLD EMPLOYED OR RELATED. TO AN EMPLOYEE �F, A I �T`!FELESS TRUST FU',N 7EB P�:OGl'�A)�Z? yes No I f { ?�lan�e or En-lplo�ee: — " Eml ]OYiM ProYider: Re.latiorlship to) Applicant: CERTIFICATION i . the undersi, ned, dc) lhcre'hy cel that the. above infnrlllrlllc)1� IDIOVided by me "ls true a "nd c.f t.( the lrec.i - hest of n Appl ica I l s - C1.i<Il ature: - h�efel <_ F'ro�ider �,uthc,l >�eir�sentatiae .. + Date Si c.1i - 1 \aInc 3 X T 4, g'RG\'l1)1 -R FL1 Er:P- -L FORT °� "f I'k.CJE T� \ %C? Ir °tfae Applicant 011 member (j.their household is in ernployec cif t'iic ��fcrrrn.� f�rc>vidcr, the ' approv' lI of tI e T'ro�" ider - Execr�ti� % e Director is Irereb` indiclfed hti sitiJnaturr ��ame, %Title Date if the A ppiicant or a m�rnber c>i their household is �i'n emliloyee of the prop ider ��l,ere. services «ill he r o` id'ed t}ie �� �rtr� al of Tir. .rovider Executive Direcior, the Homeless Trust Executivel) hector P pi aril tine .H omeless Trust Board Chair, are }rer�Ti�- indicated 1) .sici 2ture: D ate Pi ovide, Executive Director -Dade Count) County Homeless Trust Chairperson - Date Miami -Dade County Iomeless Trust Executive Directc - r Date - ADDITIONAL HOUSEHOLD INFOR- MA.TION.: � ']7ere is ihe'househoid living. now? (F'dcility name, exact address) Date of pt Explain the homeless situation, and what caused the current homelessness: TI 0 NOT L TO RIEFE av u r 1 pRON ABOVE INFORMATION DOES NOT ENSURE APPROVAL FOR BOUSING OR OTHER SERVICES REQUESTED. A DE'TEI�TVrINATTO>� WILL BE MADE FOLLOWING A C O>�!l.T'l ET .4SSESSIVfENT Or THE A PPLICANT'S CASE. THIS SECIT102 FO]t SFI� 1 VCE PROVIDER �YT F, F USE 0.1r -L1 ': ES rt:� ccts Erie, i.hlitt' Cri1Cr•irc: ?' • ,� C1 1 )'(1111 C O I'rr�tiJrrler .. 4i i'C'tiii lli,� Staff. F',ti SC )�i,4iNT.4C TiIL E�:LC'LiTET} CCiI'l' OF TI;IS 1)()CUMENT I Tf - 3E CLIENT FILL OF LE }IL SI [. \'ICI' G 1)P0\'IT?CR � T'EPSDh'1EL FILL OF I�EFERI�I?�C� T'1 O \'II?F Imo. I.