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HomeMy WebLinkAboutPrime Time Seniors, Inc. AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PRIME TIME SENIORS, INC. This Agreement made and entered into this 1st day of May, 2007, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and PRIME TIME SENIORS INC., hereinafter referred to as "Provider". WHEREAS, the City has funded the Provider for the period of May 1, 2007, to April 30, 2008, (one year) (hereinafter "the contract period"); and WHEREAS, the primary objective of the program is to provide socialization opportunities for senior citizens; and WHEREAS, the City has determined, through City Commission action, to provide the following funding to Provider to render the following services in Miami Beach: Prime Time Seniors, Inc. (the Program). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Provider agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and four (4) attachments, all of which are incorporated by reference into this Agreement: • Attachment I contains a description of the Program services and goals offered by the Provider. • Attachment II is a line item Budget. • Attachment III outlines financial management procedures and reporting forms for use with City funds. Section 2. Statement of Work: The Provider agrees to implement the Program in accordance with Attachments 1 and II, and as summarized as follows: Prime Time Seniors, Inc. To provide socialization opportunities and activities for Miami Beach senior citizens. Section 3. Agreement Amount: The City agrees to make available FIFTEEN THOUSAND DOLLARS AND 00/100 ($15,000) for use by the Provider to implement the Program during the term of the Agreement. Section 4. Alterations: Any proposed alterations in the Program offered by the Provider and/or the Budget shall first be submitted to and approved in writing by the City, said approval at the City's sole judgment and discretion. Section 5. Method of Payment and Reporting Requirements: Upon execution of this Agreement, the Provider agrees to submit a current list of its members/clients to the City. Additionally, the Provider agrees to submit quarterly Program progress reports to the City on the 10` day of the month following the end of each quarter, throughout the term of this Agreement. The Provider also agrees to submit, on May 30, 2008, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures during the term of this Agreement, including, but not limited to, performance data on client feedback, with respect to the goals and objectives outlined in Attachment I. Attachment III contains reporting forms to be used in fulfillment of this requirement. Other reporting requirements may be required by the City in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be considered by the City, at its sole discretion, as sufficient cause to suspend pending payments to the Provider, and/or terminate the Agreement for cause, pursuant to Section 11 herein. Section 6. Monitoring: The City, at its discretion, shall schedule no less than six (6) annual on-site monitoring visits with the Provider to evaluate the progress and performance of the Program and to provide technical assistance. A desk top review of the activities may be conducted in lieu of an on-site visit, if and only if, the Provider has had a satisfactory on-site review in the previous Program year, and is not a high risk Provider. Page 1 of 16 Section 7. Additional Conditions and Compensation - It is expressly understood and agreed that in the event of curtailment or non-production of said City funds, the financial sources necessary to continue to pay the Provider all or any portions of the funds contemplated herein will not be available, and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgment, that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City nor any individual member of the City Commission and/or City Administration thereof personally for the performance of this Agreement, and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees to comply with all applicable Federal regulations as they may apply to Program administration and to carry out each activity in compliance with the laws and regulations. Additionally, the Provider will comply with all State and local (City and County) laws and ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, such consent to be at the City's sole discretion and judgment. Section 10. Term: This Agreement commences on May 1, 2007, and terminates on April 30, 2008, with the understanding that at the end of the Agreement, the City has the authority to reappropriate any remaining unused funds. Section I1. Termination of Agreement: 11.1 Termination for Convenience: The City and Provider agree that this Agreement may be terminated for convenience and without cause, by either party hereto by written notice to the other party of such intent to terminate, at least thirty (30) days prior to the effective date of such termination. In the event of such termination for convenience by either party, the City shall cease any payments to Provider for costs resulting from obligations, which were not properly incurred before the effective date of termination. Additionally, Provider shall be solely responsible for submitting a final report, as provided in Section 5 of the Agreement, detailing all Program objectives, activities and expenditures up to the effective date of the termination. Said "final report" shall be due within five (5) working days following the effective date of the termination. Upon timely receipt of Provider's "final report", the City, at its sole discretion, shall determine the amount (if any) of the City funds to be returned to the City as a result of any incomplete Program items and/or items not satisfactorily performed, and shall provide Provider with written notice of any monies due. Said monies shall be due immediately and payable upon receipt of such notice by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of the City funds herein, or any assets acquired or improved in whole or in part with said funds. 11.2 Termination for Cause: Notwithstanding Subsection 11.1 above, the City may also place the Provider in default of this Agreement, and may suspend or terminate this Agreement, for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform in a material way, as same shall be determined by the City, in its sole discretion and judgment, in accordance with the terms of this Agreement, or any Federal, State, County or City statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the Provider, and applicable City, County, State or Federal rules and regulations. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; Page 2 of 16 and (iii) a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date or, in the event the default is of such nature that it cannot reasonably be cured within fifteen (15) days, and provided the Provider shall have commenced to cure the default within such fifteen (15) days and shall, in any event, cure same no later than sixty (60) days from notification thereof. In the event that Provider fails to correct such deficiency within the aforestated period, this Agreement shall be considered terminated for cause by the City, without further notice to Provider, and Provider shall be solely responsible for repayment to the City of any or all monies disbursed to Provider under this Agreement. Said monies shall be due immediately and payable upon receipt of notice by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of the City's funds herein, or any assets acquired or improved in whole or in part with said funds. 11.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the funds by the City, this Agreement will terminate, effective as of the time that it is determined such funds are no longer available. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or subsequent thereto. Other costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if, in the sole discretion of the City: a. The costs resulting from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and, in the case of termination, are noncancelable; and b. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. In the event of termination of the Agreement, at its sole discretion, the City may require Provider to transfer any assets to the City pursuant to Section 14 herein. Section 12. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11.375, and as supplemented in Department of Labor regulations. Section 13. Religious Organization or Owned Property: City funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City. a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct City funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The funds received under this Agreement shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Section 14. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 11 herein, or upon expiration of the Agreement, the Provider shall immediately transfer to the City any City funds on hand at the time of termination or expiration and any account receivable attributable to the use of City funds. Section 15. Sponsorships: The Provider agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider for, on behalf of, and/or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH" In written materials, the words "CITY OF MIAMI BEACH" shall appear in the same size letters or type as the name of the Provider. Page 3 of 16 Section 16. Examination of Records: The Provider shall maintain sufficient records in accordance with this Agreement to determine compliance with the requirements of this Agreement, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. b. Time sheets for split-funded employees, which work on more than one activity, in order to record the City activity delivery cost by Program and the non-City related charges. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 17. Audits and Inspections: At any time during normal business hours, and as often as City representatives may deem necessary, the Provider shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection or audit. Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the Provider's fiscal year. The Provider shall comply with the requirements and standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. Section 18. Indemnification/Insurance Requirements: The Provider shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees or invitees pursuant to this Agreement and/or the Program. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of the term of this Agreement. The Provider shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the City Administration. The Provider shall maintain and carry in full force during the term of this Agreement and/or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $300,000 single limit. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000. d. The City of Miami Beach shall be named as an additional insured under all such insurance certificates. Page 4 of 16 e. Thirty (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and his/her insurance company. f. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by 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 City's Risk Manager. g. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. All insurance required by this Agreement shall be and remain in full force and effect for the entire term of the Agreement and/or throughout the duration of the Program, whichever is greater, and each certificate or policy shall carry the provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days written notice to that effect, given by the insurance carrier to the City, and that the insurance carrier will not invoke the defense of performance of a governmental function by the Provider in performing this contract. Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement. The City shall have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. All of Provider's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage of the policy. Section l9. Conflict of Interest: The Provider covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the City funded activities has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of the Federal, State, County and City statutes, laws, regulations, ordinances or resolutions governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 20. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of the same shall lie in Miami-Dade County, Florida. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND PROVIDER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 21. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Vivian P. Guzman, Director Neighborhood Services Department City of Miami Beach ] 700 Convention Center Drive Miami Beach, FL 33139 Provider: Jacqueline S. Hertz, President Prime Time Seniors, Inc. 565 North Shore Drive Miami Beach, FL 33141 Page 5 of 16 Section 22. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $15,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $15,000, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $15,000, which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. AT ST: ~~~ ~ ~z~ CITY CLERK Robert Parcher A7 11,a1: /~/^~ f, ~~/ S.E~I2ETARY/SIGNATURE r``~ P'1ZINT NA AND TITL>J CITY OF MIAMI BEACH, FL/OR~A ~__. 1 Matti Herrera Bower Vice-Mayor r nu~IG II1vlG JG1~I1Vi(J, ll~l l.. ~ ~'- e. ~PR D T/SIGNATURE BY: Jacqueline S. Hertz, President NAME AND TITLE OF AUTHORIZED SIGNATORY APPROVED AS TO FORM & LANGUAGE & FOR F,UTION ~ Iz`~ I~~ Page 6 of 16 AGREEMENT May 1, 2007 to Apri130, 2008 ATTACHMENT I STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM To continue senior education program such as current events, music appreciation, health related issues, coping with problems associated with aging and many wonderful social programs. PROGRAM GOALS AND MEASURABLE OUTCOMES 1. Prime Time Seniors, Inc. will meet two times per week from May 1, 2007, to April 30, 2008, for current events, yoga and music appreciation. The sessions must include a minimum of 12 informational seminars with guest speakers to discuss issues including but not limited to Medicaid, Medicare, Social Security benefits, affordable housing and other topics of interest to senior citizens. A total of 104 sessions will be provided. 2. Prime Time Seniors, Inc. will increase membership by 50%. 3. Prime Time Seniors will serve a minimum of 40 seniors at each of the events. 4. Prime Time Seniors will reduce Administrative costs from 57% to 30%. SCHEDULE FOR IMPLEMENTATION Goal 7/2007 10/2007 1 /2008 4/2008 1 X X X X 2 X X X X 3 X X X X 4 X X X X Page 7 of 16 AGREEMENT May 1 2007 to April 30, 2008 ATTACHMENT II BUDGET SUMMARY SHEET Project Name: Elders and Seniors Emereine Needs Funding Year: 2007/2008 Provider Name: Prime Time Seniors, Inc. Categ Other Num Category Breakdown City of Miami Other Funding Total Beach Funds Funds Sources Funds ber Total City Funds Total Other Funds Grand Total Page 8 of 16 AGREEMENT BUDGET ITEMIZATION SHEET Project Name: _ Elders and Seniors Emeraine Needs Funding Year: 2007/2008 Provider Name: Prime Time Seniors. Inc. Category Amount Categ Category Breakdown City of O Total Funds ory Miami t Numb Beach h er Funds e r F u n d s Total Amount Page 9 of 16 AGREEMENT May 1, 2007 to April 30, 2008 ATTACHMENT III GUIDELINES FOR FINANCIAL MANAGEMENT OF City of Miami Beach-FUNDED ACTIVITIES FINANCIAL MANAGEMENT SYSTEM To comply with this Agreement, each Program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every City of Miami Beach dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the Provider's system does not meet these requirements and modifications are not possible, the City must administer the City of Miami Beach funds for the Program. SUPPORT FOR EXPENDITURES Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries (should be supported by proper documentation in personnel files of hire date, position, duties, compensation, raises with effective date, termination date, and similar type information. Non-exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from City of Miami Beach funds should prepare a time sheet indicating the hours worked on City of Miami Beach funded projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits (should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services (should be supported by a complete and signed copy of the contract between the organization and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor.) • Purchases (at a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements, and similar items do not represent support for an expense.) RECORDS Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for four years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on Provider's letterhead. Financial records are to be retained for a period of four years, with access guaranteed to the City, or U.S. Treasury officials or their representative. AUDITS One copy of the Provider's audited financial statement shall be submitted to the City immediately following the end of the fiscal year(s) during which City of Miami Beach funds are received. Page 10 of 16 REQUESTS FOR PAYMENTS Payments to Provider will be on a reimbursement basis. Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report forms, in a format consistent with the approved budget as shown in Attachment I1, including an analysis of expenses to budget. A cash advance may be available upon special request. All requests must be submitted to: Vivian P. Guzman, Director Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Page 11 of 16 CMB Bud et Account CITY OF MIAMI BEACH Provider: Prime Time Seniors, Inc. Reporting Period: Month/Year Project Name: Elders and Seniors Emerging Needs Date Submitted: FY 2006/2007 Bud et Amount ~IrJ~U~O Month This Month Year to Date Balance Ma -07 $ - $ $ 15,000.00 June-07 $ - $ $ 15,000.00 Jul -07 $ - $ $ 15,000.00 Au -07 $ - $ $ 15,000.00 Se -07 $ - $ $ 15,000.00 Oct-07 $ - $ $ 15,000.00 Nov-07 $ - $ $ 15,000.00 Dec-07 $ - $ $ 15,000.00 Jan-08 $ - $ $ 15,000.00 Feb-08 $ - $ $ 15,000.00 Mar-08 $ - $ $ 15,000.00 A r-08 $ - $ $ 15,000.00 This Request Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate the above expenditures. I certify that all goods and services have been received, that they all fall within the contractual scope of services and budget, and that these costs have not been paid previously by any other funding source. I certify that substantially all Program income received has been disbursed or will be disbursed within three (3) days of this request, in accordance with the provisions at 24 CFR 570.504 and that the amount of this request is additionally needed to pay invoices as listed. Authorized Signature FINANCIAL STATUS REPORT Name and Title of Person Submitting Report Page 12 of 16 2 U Q MW W Q g O } I- U N~ 1.L O a w w J LL a Z W J U Z Q Q Z J 2 v m m N W C N U/ m m a ~a c 0 v a m Q -~ ~b ~F ~ _ z z v a ~ a N _ N_ _ O Z 7! v ~ ._ ~ 'v ~- = ~ Z .j N t a N s = ~ _N = C ~ O yJi N Z Q C Q = v ~ ~ o ou z v E Q N Q = v N Z ~ a ~ ~ _ a ~ c Z :~ 3 x ,~ > i Z ~ n ~ CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Provider: PRIME TIME SENIORS, INC. Date: The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall certify and disclose accordingly. PRIME TIME SENIORS. INC. ,~ ' ~'" Sign ur = Date Print Name of Authorized Signatory lj Q Ol ~.,` c ~ i t%r. _ . Print Title of Authorized Signatory Page 14 of 16 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Provider: PRIME TIME SENIORS. INC. Date: '7 ~t ~ I d ~ The Provider shall insert in the space provided below the site(s) expected to be used for the performance of the Program contemplated under the Agreement: Place of Performance (include street address, city, county, state, zip code for each site): /Yl c hoc ~ ` ~'~l c e.4-~ F='C PRIlVIE TIME SENIORS. INC. ~.^\~y/ \ ~Sign`dtur~~ fF-r--mac: '~-v~ s !•~s Z Print Name of Authorized Signatory ~;~t7J~ Print Title of Authorized Signatory ~,/i ~r~ Date Page 15 of 16 ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT NAME OF FIRM, CORPORATION, OR ORGANIZATION PRIME TIME SENIORS, INC. AUTHORIZED AGENT COMPLETING AFFIDAVIT ~A-~. ~~,,.a.~ ~{-Z~c.F~ POSITION ~ t~-4-~ ~~ PHONE NUMBER (~~) ~6~ `l ~ ~ ~ I, ~'~=+' ~~~~ ~ ~ - l~~".~~`~"~- ,being duly first sworn state: That the above named form, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101- 12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631. ~~ S i at re Date SUBSCRIBED AND SWORN TO (or affirmed) before me on 1 ~~ ~ ~~ l~rt , ,.:, , by (Affiant) presented (Type of identification) (Signature,~f N (Print otary) ~~ . V Notary Public State of Flo Nydia Burgos My Commfasion DD542199 Expires 05IO6/2010 .v' 'r Notary Public ~%? /'~ C~l' .~ (State) Notary Seal ~/:,2 U/d The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami Beach. (Date) He/She ' personally known to m~ or has as identification. 'al Number) Page 16 of 16 Hernandez, Kerry From: Parcher, Robert Sent: Wednesday, August 22, 2007 7:22 AM To: Fernandez, Hilda; Guzman, Vivian Cc: Hernandez, Kerry Subject: RE: Prime Time Seniors, Inc -Agreement Vivian, I will process the above agreement for May 1, 2007 -April 30, 2008 based on Resolution 2005-25974 approved 7/27/05. Kerry, pls see me. Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. -----Original Message----- From: Fernandez, Hilda Sent: Tuesday, August 21, 2007 10:25 AM To: Parcher, Robert Subject: Re: Prime Time Seniors, Inc - Agreement Vivian: Pls follow up with Bob. As I recall, the appropriation was carried over for this FY. Call him asap. Thx MIAMIBEACH Hilda M. Fernandez, Assistant City Manager OFFICE OF THE CITY MANAGER 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7010 / Fax: 305-673-7782 / www.miamibeachfl.gov Sent from my BlackBerry wireless Handheld ----- Original Message From: Parcher, Robert To: Fernandez, Hilda Sent: Tue Aug 21 10:01:45 2007 Subject: Fw: Prime Time Seniors, Inc - Agreement Hilda, pls see my email below. How do yo want me to handle? Thanks 1 Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov <blocked::http://www.miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Parcher, Robert Sent: Thursday, August 16, 2007 5:28 PM To: Fernandez, Hilda Subject: Prime Time Seniors, Inc - Agreement Hilda, At the July 27, 2005 Commission meeting, the City Commission authorized a one-year allocation and to allocate $15,000 to Prime Time Seniors as a one-time allocations from the General Fund and next year to submit their request via the CDBG process. I am in possession of an agreement between the COMB and Prime Time Seniors, Inc., where the City has funded the Provider in the amount of $15,000 for the period of May 1, 2007 to April 30, 2008. Please confirm that this agreement (May 2007 - April 2008) is related to the City Commission action of July 27, 2005 or is this being approved pursuant to the City Manager's purchasing authority? Thanks Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov <blocked::http://www.miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 2