Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Miami-Dade County Dept. of Human Services Contract
;2007-~ 2k ~".5:~ MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES pC~ONTRACT This Contract, made this D '" day of _ ~R-< <-- 200, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"} through its Department of Human Services (hereinafter referred to as "Department"): located at 2525 N.W. 62"` Street. Suite 4228 -Miami. FL 33147, and the CITY OF AdIAMI BEACH located in Miami-Dade County, Florida (hereinafter referred to as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a Criminal Justice Record Improvement Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter info this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry cut on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the Criminal Justice Record Improvement Project by providing a portion of the federal funds awarded to Miami-Dade County to the Criminal Justice Record Improvement Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the Criminal Justice Record Improvement Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject 1o available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $14,179. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. Page 1 of~l? II. SCOPE OF SERVICE. The Provider agrees to render sE, tices in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. EFFECTIVE TERM. The effective term of this Agreement shall be from October t, 2007 through September 30, 2008. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 96-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. Vll. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and: 21 whenever.the County so requests, meeting with County staff to review such cortipliance. VIII. INDEMNIFICATION BY THE PROVIDER- Subject to the limitations of liability provided in Section 768.28, Florida Statutes, the Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents: servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Pagc2nf12 The provisions of this section, or indemnification shall survive the e..,,~ration or termination of this Contract. IX. INSURANCE. Ii Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in sect"son 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing Criminal Justice Record Improvement services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal lativs and regulations and ethical standards consistent with those established for his!her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by f~liami- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of (vliami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., § 2000 d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans vaith Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 el seq. If the Provider or any owner, subsidiary, or olfrer firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who ir. the regular course of business has fifty (SC) cr 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. Page i of 12 XIII. NOTICES. Notice under this Contract shall be sufficient if mauc in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: If to the COUNTY: Miami-Dade County Department of Human Services 2525 NW 62nd Street, Suite 4225 Miami, Florida 33147 Attention: Ms. Michaels Doherty If to the PROVIDER Miami Beach Police Department 1100 Washington Ave Miami Beach, FL 3313Q Attention: Commander Hernan Cardeno XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laevs outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud. misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the h9iami- Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and alt 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. 8. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: Pn;; e d of L 1. The Cc,..,ity may terminate this Contract by y,.,ng written notice to the Provider of such termination and specifying the effective dale thereof at least fie•e (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies: surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days befcre the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to tiling action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to (ive (5) years; 6. Any other remedy available at law or equity. C. The County h4anager is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount cf damages due the County is determined. The Provider shall be responsible for all direct costs associated with such action, including a±torney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on behalf of the County. Page ~ of I Z XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Prcvider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15°'0) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein. and attached hereto as Attachment B. The parties agree that this is a cest-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each Criminal Justice Record Improvement using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. 6.1. The Quarterly Project Performance Report 8 Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2008. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY -CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property evith federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is YuAe(i~f12 already available within th.. Provider organization, will be con;,,,tered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. 4Vhile there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damage or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block; Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider's procedures for managing equipment (including replacement), whether acquired in evhole or in part with project funds, evill, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participatcon in the cost of the property (Federal funds), location of property, use and condition of the property. disposition data including the date of disposal and sale price; 2} a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent Ions, damage or theft of the property. Any Toss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5} if the Provider is authorized or required to sell the properly, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any titigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, MONITORING AUDITS. AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. Pnge ' o(I Z A. Rewrds_ All program records will be retained by the ~ ,ovider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for the Criminal Justice Record Improvement Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of alt other program services provided under this Agreement. B. Reporting Requirements. 1. Quarterly Protect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2008 covering the Agreement activity (or the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. Chang_ es to Reaortinq Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate afinancial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Ntiami-Dade County Inspector General. Miami-Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount, The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require thre production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report Ya,~e R of I? concerning whether the prorcct is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected oificia!s to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction docurents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 'The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County io conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to fhe Provider, its officers, agents, employees, subconsullants and assignees. Nothing contained in this prevision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. Page 9 uj12 G. Evaluation Stu~ies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Laev Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, 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. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of alt the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as olhervvise enumerated herein, no amendment 1o this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized io make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other h4aterial. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in cennectior. with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. Page ] U qJ I Z D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds: the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami-Dade County Oepartment of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance {BJA). F. Subconiracts. The Provider agrees not to enter into subcontracts. retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of S100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Headings Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of ContracUSeverability of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report & Invoice Attachment D. Miami-Dade County Affidavits Attachment D1: Code of Business Ethics Attachment D2: Miami-Dade County Debarment Disclosure Affidavit Attachment D3: State Public Entities Crime Affidavit Attachment E. Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby iF such remainder would then continue to conform to the terms and requirement of applicable law. Page ! 1 of 7? IN WITNESS 1h`HEREOF, the parties herein have caused this Contract to be executed by their respective and duly auihor~zed officers, the day and year first above written. gnat e City Manager Title ;~~rgn ~.t - a:.a Name (typed? ATT T: By: _ W~ l.(~ Robert ?archer, Cib~ Clerk By: (Corporate Seal) ATTEST HARVEY RtUVIN• CLERK ;!'GUtJt1v!is,~n~•, SAO G+ B Z rn DEPIdTY CLER ~ ~ ~`-^ c~ ` (/ :v oR~ aL, h91Ab1 - E OUNTY LORIDA Br ~ _ .. RGE .BUR ESS COUNTY h•ANAGER APPROVED AS TO FORM & LANGUAGE FO ELUTION tWm to - f -. Page 11 of IZ SUMMARY OF ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT D'1 ATTACHMENT D2 ATTACHMENT D3 ATTACHMENT E Scope of Services! Program Narrative Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: Miami Beach Police Contact Person: Cmdr. Hernan Cardeno Address: 1100 Washington Avenue Contact Numbers: Office 305-673-7878 Miami Beach, FL 33139 Fax 305-673-7675 Program Area: Records Improvement Program Dates: 10/01/07 through 09+`30108 Program Name: Records ImprovemenUE-Cite Target Population: City Residents:'V~sitors Problem Identification In a changing society such as Miami Beach, the use of new technology helps improve the quality of services offered to its residents. The police department is one of several agencies attempting to advance the quality of service provided to the community. Currently, police officers issuing uniform traffic citations do not have access to the CJIS and NCIC data systems, which would allow officers to perform background checks during traffic stops. Providing officers with access to these criminal justice data systems would facilitate improving the function of the Department providing qualitative services to its residents. Without this access, the room for error is greatly increased when apprehending known subjects. Program Descri tion In this new grant year, Miami Beach will use grant funds to purchase software and hardware including personal data assistants (PDA's) used to access criminal justice information data. The use of these devices will allow communication with NCIC and FCIC in real time, providing officers with the capacity of checking suspects for outstanding violation andior warrants. With this in place the officer will be able to scan the driver s license, much like a credit card, which automatically records all of the violators information. Just as in a credit card transaction, this process is completed within seconds. Because it is generated electronically and transmitted wireless (via frequency facilitated by the use of an air-card). it is both legible and efficiently recorded. This new system will save time in several agencies involved in the process, including Miami-Dade's Clerk Office. Additionally, the Department will be able to issues electronic tickets to traffic violators. The instant transmission via an FTP Server will eliminate a data entry clerk from having to re-enter all of the information that is currently written out on citations, creating a transmittal affidavit to the clerk of the court. This initiative is being undertaken by several police agencies in Miami- Dade County and spear-headed by Miami-Dade courts. Year One Activities/Accomplishments & Unmet Needs (2003 20041 On the cutting edge of providing services to their residents, this year Miami Beach's Police Department automated several of the functions of their patrol unit. This innovated approach to increasing the efficiency of policing services has been a proven success this past year. Program activities included the purchase, installation and distribution of equipment. In the upcoming year they will purchase additionally equipment to save time and resources for the department and community. Year Two Activities/Accomplishments & Unmet Needs (2004 20051 During the grant year, the Miami Beach Police Department used grant funds to purchase hardware and software used to automate the process of issuing traffic citations. The new Pagr 1 vt'. innovative equipment has the capability to communicate wirelessly with Criminal Justice Data Systems and perform warrant and criminal history checks on subjects that have been stopped. This process reduced the citation process to a matter of seconds and saved time for the Department, the violator, and the Clerk of the Courts. Miami Beach was able to better serve citizens in the delivery of its traffic safety services. In the upcoming year, the Department will continue efforts to improve the efficiency and accuracy of their criminal justice records systems. They will use grant funds to purchase additional equipment for officers in the traffic unit. Year Three Activities/Accomplishments & Unmet Needs (2005 2006_) JAG funds were used to purchase electronic ticketing equipment, ticketing soft+n~are, and magnetic-stripe readers, hand held devices and portable Zebra printers. A maintenance service agreement and extended warranty were also purchased to insure proper upkeep of the equipment. Staff assigned to the administrative duties and oversight of the program worked on an overtime basis. Year Four Activities~Accomolishments 8 Unmet Needs (2006-2007) Our program currently allows officers equipped with small pocket PC style devices to electronically issue citations which are printed on a small Zebra printer. The vast majority of these officers are assigned to the motorcycle squad. Other traffic enforcement officers who ride in patrol cars have not been equipped with these devices, but are equipped with laptop computers. We are in the process of procuring software and hardware to expand the E- citation program to these mobile laptop users (who do not have access to use the pocket PC devices) in the field. This on-going initiative entails purchasing virtual partner engine software, wireless printers with magnetic-stripe readers, and associated hardware. This grant will be used to fund purchases of ten (10) packages (virtual partner engine software, wireless printers with magnetic-stripe readers, and associated hardware) to expand this program to cover additional personnel. Miami Beach is well underway with providing a more efficient means of information exchange with other criminal justice agencies. In the 2007;2008 grant year, the police department has determined a need to establish wireless protocols to improve the way business is conducted. JAG funds were used to purchase hand held PDA's with last year's grant funds; however due to technical changes with the vendor and the law; there is now a need for enhanced and updated software for this equipment. JAG funds will be used to purchase additional hardware and software that will be tailored to a criminal justice environment. Page 2 of Jurisdiction Name: Miami Beach Police Address: 1100 Washington Avenue Miami Beach, FL 33139 Program Area: Records Improvement {15C) Program Name: Records Improvement Contact Person: Cmdr. Hernan Cardeno Contact Numbers: Office 305-673-7878 Fax 305-673-7675 Program Dates: 10!01!07 through 09?30x08 Target Population: City Residents.+~~isitors 15C.08 To automate criminal ~ Purchase equipment and justice records system during software to enable an the grant year information exchange between the police department and NCIC/ CJIC data systems. h~onitorinq Plan Copies of invoices for materials purchased. Tracking of tickets issued with new devices. Improve the issuance of ttaiform tr~affic/citations. ((~`~ V MAR 2 0 20A~! Cmdr. Hernan Cardeno, MBPD j hlichaela Doherty, DHS Page ? of 3 ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: MIAMI BEACH Contact Person: Cmdr. Heman Cardeno Program Area: Record Improvement (305) 673-7776 PH -- (305) 673-7675 FX Program Name: Recortl Improvemen[ Program Dates: 10x01;07 - 9130+08 Salaries and Benefits, Total $561 i Supervisor X 8 Administrative hours X $70.12?hr (overtime} $561 Operating Capital Outlay $15,970 Citation Software -quick ticket 10 C $349 ea. 53,490 Zebra printers w?mag strip readers 10 ~ 5,1225 $12,250 Printer cables 10 L $23 5230 Contractual Services Total , 2 year tvarranty 10 @ $118 180 1 $1,516 Product service fee $ , $336 Expenses, Total $858 Printer parts and accessories $858 Total Budget 518,905 Dade County will reimburse an amount not to exceed: $14,179 The 25°l° CASH MATCH for this grant is: $4,726 The sou•ce of the CASH MATCH is: law Enforcement Trust Fund, City of Miami Beach 70'6'2007, Mb$O8 ATTACHMENT C Edward Byrne Memorial State and Loca! Law En/orcement Assistance Formula Grant Program DruO Control and Syslem Improvement Formula Grant Proo~am Quarterly Project Performance Report RECORD IMPROVEA4ENT PRO.IECT PURPOSE AREA 758 (Name of Person Completing Form) {Title) {Phone] STATE ID NUMBER' 2008-JAGC-DADE - 5-09-148 Re ort Number Quarterl Period Re ort Due Dates 1 October 1 -December 31 January 15 2 Janua 1 -March 31 Aril ? 5 3 April 1 -June 30 Jul 15 4 Jul 1 - Se !ember 30 October 15 Re ort Number Quarterl Period Re art Due Dates Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 16; April 16; July 16; andlor October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. i i i o ~ m N ' ~'c O O L d °• E O U a ~ v m O w U Q L T p C L O N C C ~ m ~ ~• N ~ g ~ -~ v C -' ~• d E C d ~ y • 1 ` d A 'q R C . y d C :a ~ ~ ? c ~ ~ ~ ~ c N o ~ c ~ ~ • L a ' o o: O r7, d O' N . . 3 C ~ ~ N w ~ ~ o l O a Q ~ O ~ c 7 t , N c C U d S L a = •L 3 -O . . °' ~ a ~ ~ _ tp ~ ~ a o Q ~ 7 ~ d 3 L N ~ y d ~ 7 ~ U: CS E U N Q O o L N 1 3 ~ '6 U C r d= >. L p o •y •L ~ E m d v y 9 C U U N O i p C ~ d: ~ _ N .. . • __ ~ ~ ~ ~ 3 ~ C O O (C ~ C d d N N N d 0 d U O n U a L C C N ~ a O N O O C O d d C ."7 N~ N ~ R ` ~ p p O N d~ C 7 ~ ~ d c O d Q G d ~ o 0 0 o E E a ~ ~ E , o U ~ ~, 3 c m 'c ,o w a i i a N o N ~ '~ o N U o o y 'J _ 7 o L ~ ~ U ' o ~ E r N d a a c v ~ ~ i L y c ~ 7 C ~ L w L l O 4: ~ ,vs L 'n ° o w w U U d ~ E . p Q E c c ., c y ~.. z ~ o ~~ ~ d = d d ~ ~ c ~ E c~ ~ U d ' d d ~ p ~ j p j - 0 7 C b p d r 3 E E E E ~ ~ E cs o m a o' u' o rn a a a • a a ~, T ~ a N E m ~ a' L '~ ~ '~ ~~ E E c c N W w o a o f . N q J °' a w d d m m ~+ E L E 3 H° o d p ~ N . _ Q LL E T C E d A A 10 16 61 3 C7 C ~ t d d ~ i 7 ~ ~ ~ > d c N = j = ~ ~" y d ~ ~ 3__ C F ~ C ~ E N N N N F• Q N N ~ d O - m Q .D O ~ O ~ U O O£ O ~ N N ~ p ~ ~ U N d ~ -~ >~~, ~ ~ L a o LUG G ~ C~' o Edward Byrne Memorial State and Locat Law En/orcement Assistance Formula Grant Program SUMb1ARY STATEMENT OF QUARTERLY PROJECT COSTS ~ (To Be Copied on Jurisdiction Letterhead} Cit : Date of Claimr Proect Name- Claim Number: Telephone: Claim Penod: Name O} Pef50n COmpleling Fortr,: l k _~rr ~.y~~;~ S.. r ~ G{w SLY` Y '..-iv. -.-.. iC^)w aa. ~ ~^ ~.9r s. w .~ -. ci..:1.~.or.~n!a:~.........~.._ire:~+1..:....xG.'_r..,.-.r..~..c:7..'IZ..i.::..z'A°.`.u•S n....:-:F...o~~-::~~i3:c,-~'CieS~.~.Idir ~ria6~:_ .~rs.<...~.u.rr.:y ~..r 1. To[al Federal Budget $ 2. Amount This Invoice $ __ +, rYM c` your cur•em Ua-.n; 3. Amount of Previous Invoices $ 4. Remaining Federal Balance $ ._____ (Sunmact ,:res 2 & 31ron+ r.+.~ p I ~ Su^~ Ob,eat 8udyet Lane Item Exceetls Federal Local Ca;egorv ~ Codc Categories D+sauuwed Budyet Funds Match Totals { Salaries & f Benefits f ~ Contractual Sero+ces .__-____ -_ __- Uperating~ :;;hint Equipment Expenses TOtal Cle~.m We regt:es; payment ~.n accordarce with oar contrec: agreement in :he zmcunt of ?5Y, o' thr. Tma Costs for Ltiis Clam $ (?,°~), the balance of costs. $ {259;), to be reco•detl as our ~~~~-6.i~d comriaution tc corep!y wrth the local match requirements. Atla~hed. please find the records which substanti2.te ;ne aaove expenditures I celity Ihai al! o` 1're costs have aeon paiC and none of thr, items have been previously reimbursed. A'I of ;ne ex{x.~ndi;ores comaly wtith the authorized budget and ta:l wGtnn the wnt•actea scope of services antl ah of the goods and services nave bee~~ recen•ed, for wh~Ch remb.:rseme^a is requesteo Respectlully submitted, Chief of Police+Other City Official Payment Approved. hliami Dade County Miami Dade County Page 2 of 3 Reco•d Improvement Project SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: kame -Date of Type of Total OfficedSlaff Activity AclivilV• Hours •(Presectaron, r'arent Meeting. Field rip, etc.) TOTAL HO:JRS AT $ PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE At.90UNT OF $ IS CORRECT. OFFICER?STAFF SIGNATURE: OFFICER?STAFF SOCIAL SECURITY NUA1(3ER: CHIE^ OF POUCE?CITY OFFICIAL SIGNATURE I VERIFY THAT THE ABOVE SERVICES b1~ERE PRO\'IDED: kLam. Gade Counly Recnrd Improvement Projecl Pane ? Cf y dv: Projecl Name. `r2^dar SUtdh1ARY STATEAIENT OF QUARTERLY PRODECT COSTS (Egwpmen:, Supplies, Material Expenses] Dale Cf Cla~m~. __ C~aim Numoec _ Item Dale Chec•; DeSCnaLOn Paid NJmber I __ ATOUnt 7 i TOTAL AP.IOUNT OF EXPENSES: -- --i NOTE: Copies of all invoices and cancelled checks for Mis request must be attached to Drocesa payment -~ ATTACHMENT D arr.acx~reNT n DEPARTMENT OF HUlf1AN SEKVICES BYRNE (.;RANT :AD'.1tiNISTRATION tirlAD~SI-llAllli COL'NTl' AFFID.A~'ITS The contracting individual or entity (governmental or otherwise) shall indicatr by an "X" all a[°rdavns that pertam to this contract and sha!1 indicate by an "Ni:1" all alhdavus that do no: pertain to th:s contract. All blank spices must be filled. The ~1L•1A11-DADS COU\Tl' 01'<'NFRSHIP DISCLOStiItE AFFIL).AV[T; MLAkfI-DARE COl-NTl` EIv1PL01'141"`srT DISCLOSUILI= :~F'FIl-)AVIT; 1,11A1.9I-D.ADL CR[11IN:1L ItIrCO1t.I) :\FF'II).~1~'17: DLiABILIT}' \U\DISCRItv1[NATTO\ AFFIL).AVTT: and t:^,c PRUJECI' L'RL-SH START AFFIDAVIT sha!1 not perm:: [o conracts wilh the L'~nited States or any of it departments or agcnetes thereof. the State ur anp political subdrvts:on or agency thercuCur any mun!c:palay of thin State. The A1IA~41-DADS FA~•tIL1" LE.gVI: APFfDA\'IT sha11 not pc:-ta:n to contracts with thr Lnited States ur am of ns depatvr:ents o: agcnctes or the State of Florida or any political subdnason or a,encv thereof; :: shall. however, pertam [o municipahuc; of the .1'tate• oC Florida. All other contracting entities or individtnds shall read caretully each atfid'avit to deterrnine whether or not n pertain; W thts contract. I. ~~ E M . ~~'O Pf7~'t6 Z _, beine f first duly svworn state: Aftianl The lull legal name and business address of the person(;) or entity contracune or transactutg business tvit}t A1ta::u-Dade Counry• arc (Yost Office addresses arc not acceptable): ~-°f -~oOC~3~Z Federal Employer Identification Vumhe: (If none, Soctal Security) --i/(T`-t Of' VLF-it~r+~t Ig~r°*~,1^/ '~amc of Emir. Individual(s). Partners, ur Corporation Doin% Rusrness .As (if same as above, leave blank) 11t~ c~ C_otiNc~i to ~ C,~-r~ AiL.,/1%s->.a.-.1t/3t1~-mot, Fz-33f3~ Street adores C'a}• State ~ Lr;: Code ~1L•"Ly11-llADE COUNTY OVdNEItSI-ill' DISCLOSE-RF. AFFIDAVIT (Scc_ ~-.S i of the Counh~ C ode) 1. [f the contract or business transaction rs with a corporation, the full ienal name znd business address shall be provided fur each officer and director and each stockholder who holds dn'ectly or indirectly live percent (~°;o) or more of the corporation's dock. If the contract or business transaction is with a partnership, the loregoute intormation shall be provided for each parmer. ];'the contract or business r.ansactiun is with a trust, the full Ic„al name and address steal: be provided for each trustee and each beneficiary. Lhe foreeoino requirements shall not pertain to contract; with publicly traded corporations or to contracts with the United States or any departmem or agency thereof. the State or any pohtical subdivision or agency thereof or ary man!cipahty of this State. :VI such names and addresses are (Post OCtiu addresses are not acceptablcl: Full Legal Name Address U«iterst;:p ;; `:4 1 of 2. The full legal names and business address o.` any other individual (other than suirun:ractors. material men, suppliers. lxborcrs. or lenders) .who have, or will have. am• hrterest (kcal. egaita~f: bcncitctal or otherwise) in the contract or business transaction with DaJc County are iYost Ottier addresses are not acceptable j: 3. My person who willfully fails to disclose the informatior. required herein, or w•ho knoLwingic discloses false iniormalion m this regard, shall be punished by a line o` up to lice hundred dollars (Si00.U0) or mtprisonmrnt in the County iail for up to sixty I(iQ) days o: bo4:. It-~ A41Ab9I-D.AI>E COL'NT1' L•?•1PLU1"?:]ENT DISCLOSURE:IPFID.4ViT (C'ourty Ordmar..e No. 9C+- 13~.:1mending sec. 2.8-1: Subsection (dj(2) of the County Codc). Fxccpt where precluded by federal or State laws or regulations, each contract or busiress iransarion or renewal thereof which utvoiyes the expenditure often thousand dollars (510,000) or more shali require the entity contracting or transacting business to disclose [hc follo:rinr inforntation. The foregi>u;g. disclosure requircmcnU do not appiy to contracts witF: the United Sta:cs or any department or agency thereof, the State or any pohticai subdivision or agency thereof or any municipalay of thu Stahz. ] ~es your firm have a collccnve bargaining agreement with its etployees? 1'es \o Z. Does your firm provide paid hea::h care benefits for its employees? Yes _ No 3. Prmade a current breakdown (number of persons) of your Lrtr.'s :work force. and owne.*.hip as to :ace, nacon;a orgtn and gender ~t'hite: _ !:9a'tes __ Fctr:ales Asia^ _ Alales _ Females Rlark: _ S9alcs _ Pernales American Indian: _ Macs _ Pe:naics Hispanics: ~9ales _ _ Females .Aleut (Esktmol: _ 1.laies Fcmaies _ _ _ ~lalrs _ Females: __ _ 11a!cs _ Females AFFlltIylATit'E ACTIUN:`NONL)ISCRIA•1INATION OF F~1PLU1'h1E?\T. PRUNIU'I'ION AND 1'ROCL?REAIENT PRACTICES (C.oumy Chdiaance 95-;6 codtfied at 3-r.l.~ of the Counn~ Code,) In accordance with County C}rd:nance No. 95-30, enUiies with annual TOSS revenues in excess of SS.OGU,U00 seeking ?o contract with the County shall. as a cond;tion of receiving a C'ounrv contract, have: i) a written atiirrmtivc action )liar. which sets fort;: tic procedures the c•ntt?y utilizes to asscre that it does not dacriminate m its ernpioyment and promotion practices: and n i a waaten procurcmcn: policy whtch sets forth the procedures the entiy utilires to assure that it ciocs not discrirninatc aeamst minority and women-owned businesses m its own procurement at goods, supplies and scr•ices. Such affirmauye action plans and procurement poficics shall provide for periodic re::e:v to deterrn:ne thc:r rlfectiveness in assuring the entity does not discr,rninate m as emniovmenl, promotion and procurcnreix pranc~cs. "['he fiircgoing notwahstand:ng. corporate en?itie> whose boards oY directors are renresentativc of [he population make-up of [ire nation ;hall br prcsu^ted to have non-discritninatorv employment and procurement policies, and shall riot be requ;red :o have wracn affirmative anion plans and procurc•mem poGcres in orclcr to receive a C:ounty contract. The foregoing presurr:ptten ma} 'ae rebuu::d. 2 of; The requirements of County Chdinarce No. 98-30 may be waived upon the written recontntendauon o: the County Manager ]hat it is in the best merest of the County to do so and upon appmvaJ of :he Board of County Commissioners by ma)orin vote of the members present. The tirm does not have annual gross revenues in excess of SSAOO.t)OQ. The firm does have annual revenues m excess of S~.UQ0.0~Q: however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed iishne oC ns Board of Directors, including the race or efnnicin° of each board member. w the Counn's Department of Business llevelopment. 1's 1,t`,'. lst :lvcnue. 28th Floor. t.4:anu. )-londa 33128. _~ "fhe fit7rt has annual f_TUSS revenues in excess of S~3,000,OQO and the tine does hate a wrater, affirmative acuor: plan and procwement policy as dcscnbcd above. which includes nenod:c reviews to deternunc cffcctivcncss, and hs submitted the plan and policy to the County': L)cpannunt of Business Developmen[ 1'•~ N.w'. Is' Avenue, 28th Floor. Miam+, Flonda 1312$; The tirnt does not have an af5mtaave acuor. plan and: or a prtrcurrmen; policy as dcscr.bed above, but ha been granted a waiver. 4LAMI-DADS C'OUNTI' CRii\11NAI. RECORD AFFIDAVIT ('Sectior, 2-8.G of the County Code)I ) The indvidual or entity en[enne min a contract or receiving funding from the County _ has Y has not as of the date of this at3idavit been convicted of a felony durin;, the past ten (: p}years. -~ :1.n officer, directrr. or executive of the entity cntc,ing into a contract or receiving tundmg from the County _ has ~ has not as of ihz date of this a1'.idavit been convicted of a felony donne the past ten (lOj years. ~'L1L~11-DAL)E E~1YLUl'•D1En1' llRl G-FREE w 01t]hYLACE AFF[DA\'IT (County Ordinance No. 92-li codified as Sec[ion 2-8. I ? of the County Codel "That :r, comphance wi[:; Ordinance No. 92-I ~ of the Code o`yLzr:r.-llade County, Flur.da. the above named person or entity is provrling a drug-free ~rorplace. A w•ntten statement to each employee shall inform the employee about: I . dancer of drug abuse in the workplace 2. the firm's policy of maintainin¢ a drug-free environment at al(werkplaces 3. avaiJablity of dnrg courschng, rchaMliurtion and cmployce ass+s:ancc programs ,. pcnaldes [hat may be unposed upon employees or drug abuse violations The person or entity shall also require an employee to sign a statement. as a condiuor. of employment that the employee will abide by the terms anti notify the employer of an•, crnninal dnig com•iction occurring no later than five (5) days after recervmg nonce of such conviction :md :mpo;e appropriate personnel action against the employee up to and including teimutation. comphance with Ordinance 10. 92-15 map be waived if the special chi ractenstics of :he product or service offered by [he person ur entity make :: necessary for the operation of the County or fur Ihc• heal[h, safety, welfare- economic benet;ts and welt-bang of the public. Contracts imoivute funding. which is provided in whole or in paa by t}:e United States or t}:e State of Florida shall be excmplyd from the provisions of this ordinance in :hose in.aances where those provisions arc m cor.tlict with ine rcquiremenU of those goverr:rnental eautics. of D1L•'~A4I-D.+1DE Eh1PLOY`v1F:N1 F:1Iy1[Ll' LEAVE :'\FFIDAVIT (County Urdinancc Xo. 142-91 codified as Section 1 L1-29 ct, scy of the County Cody) 'that in corttpliancr with Ordinance No. 142-91 of the Codc of Dltamt-Dade County, Florid:,. an rrnpioyer with fifty (50) or mon cmplopces yvorkine in Dadr County for each yyorking day during each of nyrenty (2U) or more calendar work weeks, shall proyade the follo~etng mfotntauon m compliance with all items in the aforemeruoned ordinance: Art employee who has worked for the above fi:m at least one (1) year shall be cnu!Icd to mrcty (901 days of famih icave during any itenty-four (2=) ntonlh period, for medical reasons. for the berth or adoption of a child. or for the care of a child, spouse or other close relative w•ho has a srr;ous hrahh condition without nsk of ter:nmauon of emoioyment or employe- rewha!ion. The foregoing requirements shall not pcnam to contracts with the L.'ni:cd Stars or arv department ur agency thereof, or the State of Florida or any political subdtvtsion or agency thcrcol'. It shall. owever, pertain to municipahues of this State. lSABLLIT~' NUN-L)iSCRTA•iTNATlO\ AFFIDAVIT (County Resolution R-3S?-95) 7 hat the above named firm, corporation or organization is m compliance with and agrters [o continue to comply with, and assure that any subcontractor. or thirri parg• contractor under tins protect complies with all applicably reyuirements of the laws listed below inc;udm„ but nut !imited tu, those provisions pertaining to employment, provision of programs and services. trarsoortauon. communications, access to facihtirs, reruvatirnts. and new cor.stnicuor, in thc• following layos: The .4mencans wait lltsabi!mcs :1ct of 199U (AI)A), Pub. T_.. 101-326. 104 Sta: 32?, 42 U.S.C. 12101-1221 ; ar.d 4? l?.S.C. Secfions 225 and GI l inc;udmg 7'ttle 1, Empluymem; Tale ^, Pui±lic Services: '11t1e 111, Yubhc :lccomtnodauons and Services Clpesated by Private E.uties; 1'ttle IV. Telecommunications; and Title V, hLsce;laneow Provisions; 'hhe Rehabtht:uion Act of 19'3. 29 U.J.C. SecUOn %y4; The Federal Transit Act, as amended 49 l:.S.C. Section 1612: 7'he Fatr Housing Ac! as amended, 42 l?.S.C. Section ?GUI-3631. The foregoing requtrcmcnt, shad nut pertain to umtracts with the United States ur tine depanmem or a,rrcy 4trreof, the State or any polutcal suodivision or agency thereo: or am mumcipalay of this State, R1L1:'v11-D.1llE CUU11I1' 1LtCi:11LD['~Ci DELINQUE\7 A\D Cl :RRE'~TL.Y Dl1%FFrS OR TAXES (Sec. 2-8.1(c) ot':he Counp Code) Escent for small nurchasr orders and sole source ewtmtets. that ahuve named first, corporation, organization or individuar. desirinc to transact husutess or enter into a cor.vact with the County vcrincs that all dehnyucnt and cunenay due lees or arses -- r.:cJnrint; but no; limited to real and pmpem [axes, u[ilip tales and occupuional license: -- watch are coaected in the normal cuurse by the Uadc County Tax Collcaor as wca as 1)adc Cuur.iv is.urd parking tickets 1'a' veincles registered fit[,-,din the name of the firm. comoration. organization or u:dn:dual have been pale!. _L\l)]jCUItI2E'~'i' UN :~1J_L CUUN'1'Y CUNI'R:•1CTS, LOA\S A\7) UTHER c_)kL1GATlO'~S U`" Thr individual cntiry seeking to tr:msact business with the CounR• is current ut all ris obhgauons to the Counh and is not otherwise m default of any conn:rac:. promissory note or other loar. docwnent yt<ith the Counts` or any of its agencies or instrumenta:ities. 4ofi PROJECT FRESH START (Resolutions R-'U2-93 and 3>5-99) .Any firm that has a contract wit}: the County that results in actual payment of S~UU,000 or more sha.I contribute to Project Fresh Start, rite County's ~Veifare to 1~1'ork Initiative. Nowe+rr, if live uercent (J~ol of the i'iren's +vork furcc connsts of mdcvtduals who reside ir. A9iami-llade Co~np• and wt:o hacc lost or will lose cash assistance benefits (forcneriy Aid to Families with Dependent Caildren) as a result of the Persona! Responsibiiip• and VI'ork (7pportunip• Recvncihation Act of 1996. rite firm may reques[ waiver from the regwremcnts of R'U2-9S and R-35S-99 by submitting a +viver request affidavit. The foregoing requirernert does not pertain to government entities, nut for nroli' rganizataons rn recinicnts of grant awards. • DOAfEST1C VIOLENCE LEAVE (Resolution iR5-Cn?: 99-5 Codified At ? IA-GU F.t. Sea. of the • Miarti-Wade Counq• Code). • The 9rnt desiring to do business vita the County rs rn compirtncc with Domestic Lc•acc• Urdmancc•. Ordinance 99-$, ci>dificd a! i 1A-60 ct, seq. of the ~Lanu Dade Counri Code, ++:-ich rcywn•s an employer which has m the regular course of business f:fry (~0) or more employees +;or4:mc in A1iami- L>adc• County for each workm?~ day during each o'.' iwenry_ (2U1 or mvrc• calends: work woks m the current or nutccedutg calendar years. «t provide Domestic \'tolencc I.cave tv its etnployecs I have carefully read this entire five (5) page documen! entitled. "Miami-llade County Affidavits" and have indicated by an "X" all affidavit; that pertain to this contract sod have indicated by :m "N::q" all affidavr[s that do not prnain to this contract. ~, r~ attire of . friant) (llate) SUBSCRIBL-D ANll SWORN TO (or aftirrned) before me ti:is ~ day of ~7 {~(C!-•~ 2UC~ by _~t'~np V'Yl m7 Q.~C Z _ He Sher persona?h• kno+ct [o me ur has p~re'sen-tcd"~ _ a~ i:Icr.uiuaUOn. (Type of ldentificationl (Srgna«rre Notar-' {Sc-~t .A a reel _ ~~. ~ ,~ ~v< ,4 ComG^Nf DD0696453• ~.~.._~ ~l_b~/ (Yrini or Sit-~ • ^~sotaF~Nres9r18rtpit 'jL~ tr;;nvn Dated ayxs. , P . .•„~~„ Pbntla NderyAsm., NC C Notary Public -Stamp Stale of ~~„- Notary Seal (State) - Sots ATTACHMENT D1 511A,M!-D.iDf Form A-12 Code of Business Ethics A`TACH':"EST C' In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami-Dade County shall adopt the Miami-Dade CountylGreater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami-Dade CountylGreater h4iami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. M14iami-Dade CountylGreater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships +n-ith customers, clients and suppliers. This Model Code can and should be prominently displayed al all business locations and may be incorporated into markeLng materials. A4iami-Dade CountylGreater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. A4iami-Dade CountylGreater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby agrees to comply with the principles of Miami-Dade CountylGreater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A-12. Com~!ipnce with Government Rules and Regu!ations • blre tl~~e undersigned Proposer will properly maintain all records and pest all licenses and certificates in prominent places easily seen by our employees and customers: • In dealing with government aoencies and employees. we wi!I conduct business in accordance with all applicable rules and regulations and in the open; • We. the undersigned Proposer wit! report contract irregularities and other improper or unla~n~ful business practices to the Ethics Commission, the ON.ice of Inspector General or appropriate law enforcement authorities. Recruitment. Selection and Compensation of Contractors, Consultinc. Vendors, and Suppliers • LNe, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; • Gifts that compromise the integrity of a business transaction are unacceptable: we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 10+412007 Page 1 of 3 1114,N1-fL4DE COLSNT)', PLORfDA Business Accounting • All our financial transactions will be properly and fairly recorded in approprate books of account, and there will be no off the books' transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; • ~Ne, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive. appropriate to the request for proposalsiqualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. • We, the undersigned Proposer will: to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. b1+e will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. V~Ne will abide by all contracting and subcontracting regulations. • We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officals: their family members or business associates. • UVe, the undersigned Proposer will not seek cr expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns • We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law'; • ~Ne, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialooue and debate spout business and community issues to the extent permitted by law: • Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. Au contributions made on behalf of the business must be reported to senior company management; • VVe, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. 1U+~i2oo7 Page 2 of 3 We, the undersigned Proposer will not knowingly disseminate false campaign infom•,atior. Gr support those who do. • This Code prohibits pass-through payments whereby the prime firm requires that the h98E firm accepts payments as an MBE and passes through those payments to another entity: Rental Space. Equipment and Staff Reouirements or Flat Overhead Fee Requirements • This Cods prohibits rental space requirements, equipment requirements, staff recuirements and!or flat overhead fee requirements, whereby the prime (irm requires the h46E firm to ren; space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization • This Cede prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the A46E staff for other work to be performed by the prime firm. his Code also requires :hat on any contract where ~•16E participation is purported, the contract shall specify essentia terms including, but not limited to. a specific statement regardmq the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. i na re f Affiant) (Date] SUBSCRIBED AND SIh+ORN TO (or affirmed) bafore me this ~U day cf r11i't1'C~ 200 by -- ~(~ ~t3(12Q,e? _._ H~!She Cs personally kno ~ me or has presented ____ -""~ (Type of Identification) as identification. --- {Sig ,urP ary) •,,,,•• NM~•••N "CARLA •GOMEZ•• z~F^;o~; °'~•,., Comm# OD069~463 ~Rtii[ OED Gt~fy) - ~ ' fbMo Ndery Asan., Yic ~. ....,. ., ,, ..,.~.~,e.u ....uouu..r; enal Numberi !~ (Expiration Date) 70+4;200? Page 3 of 3 ATTACHh4ENT D2 Attachment U? R~11~1b1I-DADS COl1NTl' DEBAR'~~9ENT DISCLOSt1RE AFI'IDA~'IT IOrdinancc 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents. officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami-Dade Count~~. iI :uurc oCAffrart) (r)atel Sl.IBSCR113Ell :~1\D S1~'OR ~ TU (or affirmed) before me this ~_ day of l~Y~~'_ _ ?oo b•. ~sx~~c.~1' 1 ~~~?C~~P2 - -~I~'She i. ersonal y kno m [o me or has presented _ _ _ _ _ (TYpe of Identification) aS identi#icativn (Si;~;ature~'.cota~i,.~) .....,. .....o .:................ CN2LA GOMEZ ",,,> Comm#DDO6l~6483 `~~< ri~~twi~~aau~a.~~}rrtl.l~~t},-,:1 „~ (Sepal Number} q12~~ zal (Expiration Date) Notary Public -Stamp State of ~% C~___ (State) 1\btary Seal 5?Ol ATTACHMENT D3 Attachment U3 S~~OR)~ ST.ATEMG\T FCRSUANT TO SECTIO\ 287.133 (3) (a), FLORIUA STATI'TFS. O\ FiBI,TC F'STITI' CRIMES THIS FORA AILST BE SIGNEU ~1\ll Sw`OK~ TO I\ THE YRESE~CE OF A \pTAR1' Pl'BLIC OR OTHER OFt1CIAL AI:THORIZEU "f0 AllMINISTER OATHS L This sworn statement is submitted to Ntiami•Dade Cnunri• (print individual's name •and title) for GET `t tam q„_, l F°rryts ~~~~ -- (print Namc of cntip submitting xsvurn statement) ~1 whose business address is _ ~~©O _ C~1~ /Si~h)J ~ -fy~_ PQ and if applicable its Federal Employer Identification Number (f'EIN) is ~~ ^ ~3~ Z. lC the entih has nn FEIN. inchtdc the Social Security Numher of the individual signing this sworn statement: 2. i understand that a "public enlih crime" as defined in paragraph 28'.13? (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to autl directh~ related to the transactions of business with am public entity or with an agency or political subdivision of any other state or with the Coiled Slates, including. but not IimiteA m. anc biA or cmrtract for gooAS or services to be provided to public entity or agency or political subdivision of am other state or of the l:nitcd Stales and im~olving antitrust, fraud, theft, hrihen. collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "rom•icteA" or "conviction" as defined in Paragraph 28'.133 Il)Ib). Florida Statutes, means a linding of guilt or a rnm•iction of a public entity crintc, with or without an adjudication of guilt, in am federal ur state trial court of rernrd relating M charges hrought by indictment or information after Juh 1, 1989, asr result of a jurc verdict. nun jurc trial, or entry nt a plea of guilty or polo contenders. 4. 1 understand [bat an "affiliate' as defined in paragraph 28?.133(1)ta), Florida Ctatutes, means: ]. A predecessor or successor of a person convicted of a public entity crime: or 2. An entih' under the control of arrv natural person who is active in the management of the entity and who has been convicted of x public entity crime. The term "affiliate" inchtdcs those officers, directors. executives, partners, shareholders. employers, ntcmbcrs. and agents vvbo arc active in the management of an affiliate. The ownership he one person of shares constinrting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement. shall be a prima facie case that one person controls another person. A person echo knowinglc enters into a joint venture with a person who has been wm-icted o(a public eritity crime in Florida during the preceding 36 months shall be considered an affiliate. 1 aJ? ~. 1 understand that a "person" as defined in Paragraph 28'.133(])(c), Florida Statutes, means anc natural person or entity organized under thc• laws of any state or of the Cnited States sithin dre legal power to enter into a binding contact and which bids or applies to bid on contracts Cur the provision of goods or serrices let hs• a public entih~. or which otherscise trat»acts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members. and agents who are active in management of an entire. 6. Based on information and helief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (I'Icase indicate which statenunt applies.) -Neither the entity submitting this worn statement, nor auv of its officers, directors, executives, partners, shareholders. employees, mernbers, or agents who are active in the m:+nagcnrent of the entity, our anc al'Lliate of the entiq has been charged ssi[h and convicted of a public entire crime subsequent to July 1, 1'I89. ___The entity' submitting this sworn statement. or one or more of its officers, directors. executives, partners, shareholders. emplocees, members, or agents who •rre active in the management of the entih~, our any affiliate of the entity has been charged with and convicted of a public cnliry• crime subseyuenl to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of tht• State of Florida. Division of Adminislr.+live Hearings and the Final Order entered Ay the llcariug Officer dctern»ued that it was nut in the public interest to place the entih~ submitting this sworn statement on the convicted vendor list. (attach a copy of the linal order). 1 LNDEKSTAND THAT THE Si;B~11SS]ON OF THIS FORA TO THF. CONTRACTING OFFICER F'OR THE PLtBLIC ENTITI' IDENTIFIED IN PARAGRAPH 1 (ONE) .46OVF. IS FOR THA'I' PGBLIC ENTITI' ONLti' AND. THAT THIS FORM IS VALID THRODGH DECEMBER 31 OF' THE GILENUAK PEAR IN WHICH IT I5 FILED. I A1.5O 1'NDERSTAND THAT 1 .A'si REQI'IRED TO lNF'OFNI'1'ILII' 1'LBLIC ENTITI' PRIOR TO ENTERING INTO A CONTRACT IN E\CESS OF' 'I'liE '1'IIRESIIOLU A~IOL'N'I' PROVIDED IN SECTION 28?.Ol' FLORIDA STATCTES F'OR ('ATEGORI' 'l~vi'O UP :1NI' C1FxNGE IV TiIE 1NFOFL~1:1'I'ION CONT.aINEU IN "I'H6 FOFL~1. ( i afar Sworn and subscribed before me this t~cv day of m~(yl 20~. Pcrsotialh kn roduccd Identification Notary Public - State of _~(_,•_ _ _ _ My commission expires __ ~ Z-g'~ ~~ (Type of Identification) ~~~'~~~~~~tJs~GOME2 (Yrinted t. pad or stain amiss ed name of notary ' f,JM"~:µ~ (,ptntntlV~+~ p11hI1C) Expires 9128!2011 ~~€ t:k,fda Notary t~n.• Ir+c..°s . ,. ..... i +~/ 7 ATTACHMENT E 1~IIAA'II-llADF. DEPARTMENT OF IiUA7AN SERVICES Bl'RNE GRANT All1~IINISTRATION 1TT.1C'H\1F'\'1' E E OF SUBCONTRACTORS AND SIPPLIERS (Ordinance 9'-1 U4) NamcofOrganization:~t"~`-t OF-~1~~~ ~n:~ddress:_Lo C~tiX~Nll~ ~~~ REQUIRED I:ISTING OF SLBCUNTRACTUKS ON C'OI?NTY CON"I'ItaCT In compliance with Miami-Dade County Ordinance 9?-104, the Provider must submit the list of first tirr subcontractors or sub-consultants who will perform any part of the Scope of Scn•ices .~~_ork, if thix Contract is for $100.000 or more. The Provider must complete this information. If the Prm~ider will not utilize subcontractors, then the Provider must state "Ko subcontractors will he used"; do not state "~'. A". N,\~IE OF SCBCO~TR,~CTOR OR til:n-rY1VS1:LTANT ADDRESS CIII AI~'D ST4TF No subcontractors will be used REQUIRED LIST OF SUPPLIERS UN CUi!NTY CONTRACT In compliance with Miami-llade County Ordinance 93-1(l4. the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provrd::r, if this Contract is 510!].000 or more. "flie Provider mtst fill out this information. If the Pro~'ider will not use suppliers, the Provider must state "~o suppliers will be used", do not state "~I A". Naslr. Or $I7PPLIER ADI)IZ)=lti ~'1"I'1' A":D 1T.ATE No suppliers will be used I berenr certify thnt tGe fnreKoing infornratiwt is Irae, enrrect and contplere: Sr~~rutau/r`e~.u-mil •{A,,~r*thori~ed Repres~iu'a`~ti~r-ep' .r!!(E': lit l l l~h ~ ~'-'l Cl~ (iii: ..__. 1'irm:1'nnx>:~~`~ P~F (I'~II'4rvu >~~cl't 1"ed,lUNo. ~-Coooo372 itdr(ress: ~'joo C3~1.SJ~1~1_oN..C~~~~C-itt•iStare:Zip: fYll~rrl~lt ~E..R~H ~Z~j3~ Telep/ronz' .Dt-~,,) ~023-.~C?~ Fr:.r: ~16 1 J-~~Z G-nu:rl: ~It~.~~~t~`^6~ c~a.