HomeMy WebLinkAboutO-12365J-03-440
5/21/03 12 3 65
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 11557, AS AMENDED, ADOPTED
OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATED FUNDS FOR A
SPECIAL REVENUE FUND ENTITLED: "STOP VIOLENCE
AGAINST WOMEN," TO INCREASE APPROPRIATIONS,
IN THE AMOUNT OF $209,032, CONSISTING OF A
GRANT FROM THE FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES IN THE AMOUNT OF $156,774 AND AN
IN-KIND SERVICES MATCH BY THE CITY, IN THE
AMOUNT OF $52,258; AUTHORIZING THE CITY
MANAGER TO: (1) ACCEPT SAID GRANT AND
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, (2) EXPEND
MONIES FROM THIS FUND FOR NECESSARY EXPENSES
TO CONTINUE THE OPERATION OF THE PROGRAM; AND
(3) AMEND EXISTING PROFESSIONAL SERVICES
AGREEMENTS WITH INDIVIDUALS, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR THE PROVISION OF
VICTIM ADVOCATE SERVICES AND A VICTIM
ADVOCATE ADMINISTRATOR, IN AN ANNUAL AMOUNT
NOT TO EXCEED $149,100, AND TO EXTEND SAID
AGREEMENTS FOR A ONE-YEAR PERIOD; ALLOCATING
FUNDS IN THE AMOUNT OF $52,258 FROM THE
POLICE GENERAL OPERATING BUDGET FOR THE
REQUIRED IN-KIND MATCHING FUNDS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 11557, adopted
October 14, 1997, the City Commission established a Special
Revenue Fund entitled "STOP Violence Against Women," which
appropriated grant funds for the continuation and expansion of
,a y
12365
comprehensive strategies in the fight against domestic violence
using projects such as the violence Intervention Rapid
Enforcement and Containment Tracking ("REACT"); and
WHEREAS, Ordinance No. 11557 was amended, pursuant to
Ordinance Nos. 11798, 11895 and 12000, 12138 and 12269, to
reflect the appropriation of additional grant awards received by
the City for said Program; and
WHEREAS, the Florida Department of Children and Families has
approved an additional grant award, in the amount of $156,774,
contingent upon in-kind matching funds by the City, in the amount
of $52,258; and
WHEREAS, any purchases for the expenditure of said funds
must comply with applicable City Code procurement procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Section 2 of Ordinance No. 11557, adopted
October 14, 1997, as amended by Ordinance Nos. 11798, 11895,
Page 2of 5 12365
12000, 12138, and 12269, is further amended in the following
particulars:'/
"Ordinance No. 11557
FUND TITLE: STOP VIOLENCE AGAINST WOMEN
RESOURCES: Florida Department of
Children and Families $6�i $ 803,586
Department of Police
General Operating Budget
In -Kind Services $252, $ 304,470
APPROPRIATIONS: $89-02T $1,108,056
Section 3. The City Manager is authorizedal to accept a
grant from the Florida Department of Children and Families and
execute the necessary documents, in a form acceptable to the City
Attorney, for acceptance of the grant, in an amount of $156,774,
contingent upon in-kind matching funds by the City, in the amount
of $52,258.
Section 4. The City Manager is authorized to expend
monies for the operation of said Program.
Section 5. The City Manager is further authorize&/ to
amend the amended Professional Services Agreements, in a form
acceptable to the City Attorney, with individuals for the
1� Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
Page 3 of 5 121,365
provision of Victim Advocate Services and a Victim Advocate
Administrator for the Department of Police, in an annual amount
of $149,100 and extend said agreements for a one-year period.
Section 6. Funds in the amount of $52,258 are allocated
from the Police Department General Operating Budget for the
required in-kind matching funds.
Section 7. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 8. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 9. This Ordinance is declared to be an emergency
measure on the grounds of urgent public need for the preservation
of peace, health, safety, and property of the City of Miami, and
upon the further grounds of the necessity to make the required
and necessary payments to its employees and officers, payment of
its debts, necessary and required purchases of goods and
materials and to generally carry on the functions and duties of
municipal affairs.
Section 10. The requirements of reading this Ordinance on
two separate days are dispensed with by an affirmative vote of
not less than four-fifths of the members of the Commission.
Page 4 of 5 12365
Section 11. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.31
PASSED AND ADOPTED BY TITLE ONLY this 22nd day of
May , 2003.
ATTEST:
PRISCILLA A. THOMPSON
f- ✓•CITY CLERK
�AP,00VEDAS TO FORM AND CORRECTNESS�j
LEJ DRO VILARELLO
CITIZ ATTORNEY
446:tr:BSS
s� If the Mayor does not sign this Ordinance, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 5 of 5
12365
CONTRACT LJ 180
AMENDMENT 2
This Amendment, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the "department" and the Miami Police Department, hereinafter referred to as the "provider", amends
contract number LJ 180.
This amendment renews the contract from July 1, 2003 through June 30, 2004 and $156,774.00 is being added to pay
for services.
I. Standard Contract, Section I.P., Final Invoice, the first sentence only, is modified to read:
To submit the final invoice for payment no more than 30 days after the contract ends or is terminated.
2. Standard Contract Section II.A., Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $438,947.00,
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source are not eligible for payment under this contract.
3. Standard Contract, Section III.A., Ending Date is modified to read:
It shall end on June 30, 2004.
4 Attachment I, Exhibit I, page 15 is deleted in its entirety and replaced by Exhibit I, page 15 (Second Revision).
This amendment shall begin on July 1, 2003 or the date on which the amendment has been signed by both parties,
whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to this,amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thereunto duly authorized.
PROVIDER Miami Police Department
SIGNED BY:
NAME: Joe Arriola
TITLE: City Manager
DATE:
FEDERAL EID #: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY:
NAME: Trula E. Motta
TITLE: Director, Domestic Violence Program Office
DATE:
12365
EXHIBIT I
REQUEST FOR PAYMENT
Provider: Contract Number:
Miami Police Department
Telephone:
Address:
Type of Request: Regular_ Final _ Date of Claim:
Claim Period: Claim Number:
C.�
CURRENT COSTS
Law Enforcement Monthly Number Claim Year
Unit Of Service Budget Rate Of Units Amount To Date Balance
SFY 2001-2002: $123,220.00
SFY 2002-2003: $158,953.00
SFY 2002-2003: $156,774.00 $13,064.00 (7/1/03-5/30/04) 11 $ $ $
$13,070.00 (6/1/04-6/30/04)
SUMMARY OF PAYMENTS
SFY 2003/2004 Allocation: $ REQUIRED MATCH:
2003/2004 Funds Previously Requested: $ SFY 2003/2004: $
Amount of this Request: $ Current Match Amount: $
2003/2004 Balance: $ 2003/2004 Reported Match to Date: $
FOR DCF USE ONL Y
I certify that the above report is a true and correct reflection of this period's TOTAL APPROVED FOR PAYMENT: $
activities, as stipulated by this contract.
OCA: AWL00
Signature of Provider Agency Official Date
Title
Phone #
Signature
Date
2003-2004
Line Item Budget Form
Round figures to the nearest dollar. Identify breakout of federal request v/s local match
costs by category; not individual line item. This form may be reproduced or expanded to
allow for all budgeted line items. Additional pages may be added. Information
provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
Salary
5cru,cant:u S5 1.3631 �r 0)0=
$30,818
Fringe Beneflts
$30,818 x.46=$14,176
Sub -Total
$44,994
$44,994
Contractual Services:
2Victim Advocates
(no benefits for 12 mos.)
$21 hr. x 160 hrs.mo. x 12 mos =
$40,320 ea.
TOTAL=$40,320 x 2 =$80,640
On call Overtime=$21hr. x250hrs. =$5,250 x
2=$10,500
1 Supervisor
(no benefits for 12 mos.)
$28 hr. x 180 hrs. mo. X 12 mos.= $53,760
On call Overtime= $28 hr. x 150 hrs =$4,200
Sub -Total
$149,100
$149,100
Travel & Training:
Federal Request
Airfare 3 ppl x $500=$1500
Hotel- 2rms x $100 day x 5 days= $1000
Registration- 3 ppl x $450=51350
Rental car- $60 day x 5 days =$300
Food- 3 ppl x $21 day x 5 days =$315
Sub -Total
$4465
$4465
Building Space:
Sub -Total
$ -0-
Communications & Utilities:
FEDERAL REQUEST
Cell phone -3x $55 x 12 mos-- $1980
LOCAL MATCH
12365
CONTRACT LJ 180
AMENDMENT 1
This Amendment, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the "department' and the Miami Police Department, hereinafter referred to as the "provider", amends
contract number LJ 130.
This amendment renews the contract from July 1, 2002 through June 30, 2003 and 5158,953 is being added to pay for
services.
1. Standard Contract Section II.A., Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed 5282,173.00.
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source are not eligible for payment under this contract.
2. Section III.A., Ending Date is modified to read:
It shall end on June 30, 2003.
3 Exhibit I, page 15 is deleted in its entirety and replaced by Exhibit I, page 15 (Revised).
This amendment shall begin on July 1, 2002 or the date on which the amendment has been signed by both parties,
whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thereunto duly authorized.
PROVIDER Miami Police Department
SIGNED BY.
NAME: Carlos A. Gimenez
TITLE: City Manager
J U N 2 E 2002
DATE:
FEDERAL EID n: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY:
NAME: Mike Watkins
TITLE: Director, Office of Family Safety
DATE:
12365
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS O INSURANCE
REQUIREME S:
R. SUE
RI'z V 7k4ANAGEMENT
ACTING ADMINISTRATOR
u"l� • ' •,�i%
ANDRO VILARELLO
ATTORNEY Kf-M
12365
EX111131T 1
REQUEST FOR PAYMENT
Provider:
Miami Police Department
Contract Number: - -- ---
-
Address:
Telephone:
Type of Request: Regular_ final —
Date of Claim:
Claim Period:
Claim Number:
F�
ZZ
C.�
CT!
CURRENT COSTS
Law Enforcement Monthly Number Claim Year
Unit Of Service 13udaet Rate Of Units Amount To Date Balance
SFY 2001-2002: $123,220.00
SPY 2002-2003 $158,953.00 $13.246.00 (7/1/02-5/30/03) 11 $ $ $ —
$13,247.00 (6/1/03-6/30/03) 1 $ $ $
SUMMARY OF PAYMEN'T'S
SFY 2002/2003 Allocation: $ REQUIRED MA,ra I:
2002/2003 Funds Previously Requested: $ SFY 2002/2003:
Amount of this Request: $ Current Match Amount:
2002/2003 Balance: $ _ 2002/2003 Reported Malch to Date
I certify that the above report is a true and correct reflection of this period's
activities, as stipulated by this contract.
Signature of' Provider Agency Official Dale
Title Phone #
FOR PCF UNF ONLY
TOTAL APPROVED FOIL PAYMENT: $
OCA: AW1.00
Signature Date
12/?7/2001 11:51
711101
CF7A No. 16 588
85092?6720
DCF DOMESTIC VIOLE'CD
Client
FLORIDA DEPARTMENT OF CWLDREN AND FAMILIES
STANDARD CONTRACT
PAGE 02
Non -Client 0
Mulb-District ❑
THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the
"department.' and Miami Police Department
hereinafter referred to as the 'provider.'
I. THE PROVIDER AGREES:
A. Attachment 1
To provide services in accordance with the conditions specified in Attachment I
B. Requirements of Section 287.058 F.S.
To provide units of deliverables. including reports. findings, and drafts, as specified in Attachment 1, to be received and
accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such criteria
must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for
fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof.
Where applicable. to submit bills for any travel expenses in accordance with section 112.061, F.S. The department may,
if specified in Attachment I, establish rates lower than the maximum provided in section 112.061. F.S. To allow public
access to all documents, papers, letters, or other materiels subject to the provisions of Chapter 119, F.S.. made or
received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply
with this provision shall constitute an immediate breach of contract.
C. Governing Law
1. State of Florida Law
That this contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in
all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its
obligations herein in accordance with the terms and conditions of the contract.
2. Federal Law
a. That if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74,
and/or 45 CFR, Part 92, and other applicable regulations as specified in Attachment I.
b. That if this contract contains federal funds and is over S100,000, the provider shall comply with all applicable
standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 at seq.).
section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 at seq.). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR. Part 30). The provider shalt report any violations of the above to
the department.
c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for
the provider, to influence legislation or appropriations pending before the Congress or any State legislature. If this
contract contains federal funding in excess of $100.000, the provider must, prior to contract execution, complete the
Certification Regarding Lobbying form, Attachment If . If a Disclosure of Lobbying Activities form, Standard Forth
LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification
Regarding Lobbying form must be completed and returned to the contract manager.
d. That unauthorized aliens shall not be employed. The department shall consider the employment of
unauthorized aliens a violation of section 274A(e) of the Immigration and thationality Act (8 U.S.C. 1324 a). Such violation
shall be cause for unilateral cancellation of this contract by the department.
e. That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order
11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in Department of
Labor regulation 41 CFR, Part 60. 145CFR, Part 92)
f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall
comply with the Pro -Children Act of 1994 (20 U.S.C. 6063). Failure to comply with the provisions of the low may result in
the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity. This clause is applicable to all approved subcontracts.
D. Audits, Records and Retention
1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting procedures and practices. which sufficiently and properly reflect all revenues and
expenditures of funds provided by the department under this contract.
2. To retain all client records. financial records, supporting documents, statistical records, and any other documents
(including electronic storage media) pertinent to this contract for a period of five (5) years after completion of the contract.
or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be
retained until resolution of the audit findings or any litigation which may be based on the terms of this contract.
CF Standard Contract. JF 072001
CONTRACT 0 1Ci&
12365
12/@.7!2801 11, 51: 8509226720 DCF DC CSTIC VIOLECD PAGE 03
711101
3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any
records or documents during the required retention period in Section I. Paragraph t).2.
4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by
Federal. State, or other personnel duly authorized by the department.
5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and
Federal auditors, pursuant to 45 CFR. Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the
provider's contract and related records and documents, regardless of the form in which kept.
6. To provide a financial and compliance audit to the department as specified in Attachment III and to ensure that
all related party transactions are disclosed to the auditor.
. 7. To include these aforementioned audit and record keeping requirements in all subcontracts and assignments.
E. Monitoring by the Department
To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and
services of the provider which are relevant to this contract, and to interview any clients and employees and subcontractor
employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this
contract. Following such evaluation, the department will deliver to the provider a written report of its findings and request
for development, by the provider, a corrective action plan. The provider hereby agrees to correct all noted deficiencies
identified by the department within the specked period of time set forth in the department approved corrective action plan.
F. Ind*mnification
NOTE: Paragraphs I.F.I. and 2. are not applicable to contracts executed between state agencies or subdivisions, as
defined in subsection 768.28(2). F.S.
1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and empb)rees
harmless from all claims, suits. judgments, or damages, including attorneys' fees and costs, arising out of any act, actions,
neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contrail or any
subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property.
2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and
to indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is
exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this
provision. The provider shall pay all costs and fees, including attorneys' fees related to these obligations and their
enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of
these duties. The provider shall not be liable for the sole negligent acts of the department
G. Insurance
To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times
during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a
state agency or subdivision as defined by subsection 768.28(2). F.S., the provider accepts full responsibility for identifying
and determining the type(s) and extent of liability Insurance necessary to provide reasonable financial protections for the
provider and the clients to be served under this contract. Upon the execution of this contract, the provider shat) furnish the
department written verification supporting both the determination and existence of such insurance coverage. Such
coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida.
The department reserves the right to require additional insurance as specified in Attachment I.
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in
conformity with state statutes and federal law or regulations (45 CFR, Part 205.50), except upon written consent of the
recipient, or the responsible parent or guardian when authorized by law.
I. Assignments and Subcontracts
1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work
contemplated under this contract without prior written approval of the department which shalt not be unreasonably
withheld. Any sublicense, assignment, or transfer otherwise occurring, without prior approval of the department, shall be
null and void.
2. To be responsible for all work performed and all expenses incurred with the project. If the department permits the
provider to subcontract all or part of the work contemplated under this contract. including entering into subcontracts with
vendors for services and commodities. it is understood by the provider that all such subcontract arrangements shall be
evidenced by a written document subject to prior review and comment by the department. Such review of the written
subcontract document by the department will be limited to a determination of whether or not subcontracting is permissible
and the inclusion of applicable terms and conditions of this contract. The provider further agrees that the department shall
not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be
solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its
expense, will defend the department against such claims.
CONTRACT II
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711101
3. That the State of Florida shall at all times be entitled to assign or transfer its rights, dunes, or obligations under fto,
contract to another governmental agency in the State of Florida, upon giving prior written notice to the provider. In the
event the State of Florida approves transfer of the providers obligations, the provider remains responsible for all Work
and all expenses incurred in connection with the contract. In addition, this contract shalt bind the sucoessk,
assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of
Florida.
4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments froth
the department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the proves
and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and
paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen
(15) percent of the outstanding balance due.
J. Retum of Funds
To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this
contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor
discovers that an overpayment has been made. the provider shall repay said overpayment within 40 calendar days
without prior notification from the department. In the event that the department first discovers an overpayment has been
made, the contract manager, on behalf of the department, will notify the provider by letter of such findings. Should
repayment not be made forthwith, the provider will be charged at the lawful rate of interest on the outstanding balance
after department notification or provider discovery.
K. Client Risk Prevention and Incident Reporting
1. That if services to clients will be provided under this contract, the provider and any subcontractors shall, in
accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner
prescribed in CFOP 215-6 or district operating procedures.
2. To immediately report knowledge or reasonable suspicion of abuse. neglect, or exploitation of a child, aged person,
or disabled adult to the Florida Abuse Hotline on the statewide loll -free telephone number (1-800-96ABUSE). As required
by Chapters 39 and 415. F.S., this is binding upon both the provider and its employees.
L. Purchasing
1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative
Industries and Diversified Enterprises. Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under
the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the provider shall be
deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to
subcontractors unless otherwise required by law. An abbreviated list of productsiservices available from PRIDE may be
obtained by contacting PRIDE, (850) 487-3774.
2. To procure any recycled products or materials which are the subject of or are required to carry out this contract, in
accordance with the provisions of sections 403.7065, and 287.045, F.S.
M. Civil Rights Requirements
1. Not to discriminate against any employee in the performance of this contract, or against any applicant for
employment, because of age, race. creed, color, disability. national origin, or sex. The provider further assures that all
contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or
employees in connection with any of its programs and activities are not discriminating against those participants or
employees because of age. race. creed, color, disability, national ongin, or sex. This is binding upon the provider
employing fifteen (15) or more individuals.
2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and B, in accordance with CFOP 66-16.
This is binding upon providers that have 15 or more employees.
N. Independent Capacity of the Contractor
1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive
responsibility of the department.
2. To act in the capacity of an independent contractor and not as an officer, employee of the State of Florida, except
where the provider is a stale agency. Neither the provider nor its agents, employees, subcontractors or assignees shall
represent to others that it has the atilhority to bind the department unless specifically authorized in writing to do so.
3. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees
as a result of performing the duties or obligations of this contract.
4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be
an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the
State of Florida.
S. The department will not furnish services of support (e.g.. office space, office supplies, telephone service, secretarial
or clerical support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to by the
department in Attachment I.
6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation
funds, and all necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or
assignees shalt be the sole responsibility of the provider.
CONTRACT # MOO-
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O. Sponsorship
As required by section 286.25. F.S., 6 the provider is a nongovernmental organization which sponsors a program 8nancOd
wholly or in part by state funds. including any funds obtained through this contract, it shall, in publicizing, advertising, or
describing the sponsorship of the program, slate: "Sponsored by (provider's name) and the Slate of Florida, Departtrrent
of Children and Families.' If the sponsorship reference is in written material, the words 'State of Florida, Departrr>ent of
Children and Families' shall appear in the same size letters or type as the name of the organization.
P. Final Invoice
To submit the final invoice for payment to the department no more than 45 days after the contract ends or is
terminated. If the provider fads to do so, all rights to payment are forfeited and the department will not honor any requests
submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all
reports due from the provider and necessary adjustments thereto have been approved by the department.
Q. Use Of Funds For Lobbying Prohibited
To comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for
the purpose of lobbying the Legislature, judicial branch, or a state agency.
R. Public Entity Crime
Pursuant to section 287.133. F.S., the following restrictions are placed on the ability of persons convicted of public entity
crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list
following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transect
business with any public entity in excess of the threshold amount provided in section 287.017. F.S., for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor fist.
S. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under
this contract. or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be
referred to the Department of State to determine whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby
reserved to the State of Florida.
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify
the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract
are hereby reserved to the State of Florida.
3. The provider, without exception, shall indemnify and save harmless the State of Florida and its employees from
liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and
exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written
notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at
its option and expense, procure for the Department of State, the right to continue use of, replace, or modify the article to
render it non -infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is
mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the
use of such design, device, or materials in any way involved in the work.
T. Construction or Renovation of Facilities Using State Funds
That the department shall fide a lien against any property that has been constructed or substantially renovated, in whole or
in part, through the use of state funds. However, the department is not required to file a lien it the amount of state hinds
does not exceed $25.000 or ii) percent of the contract amount, whichever amount is less. As a condition of receipt of
state funding for this purpose, the provider agrees that, If it disposes of the property before the department's lien interest
is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation.
U. Security Obligations
1. To identify an appropriately skilled individual to function as its Data Security Officer. This Security Officer shall act
as the liaison to the Department's Security Staff and will maintain an appropriate level of data security for the information
the provider is collecting or using in the performance of this contract. This includes approving and tracking all provider
employees that request system or information access and ensuring that user access has been removed from all
terminated provider employees.
2. To furnish Security Awareness Training to its staff.
3. To ensure that all provider employees that have access to departmental information are provided a copy of CFOP
50-6 and sign the DCF Security Agreement form (CF114). A copy may be obtained from the contract manager.
V. Accreditation
That the department is committed to ensuring provision of the highest quality services to the persons we serve.
Accordingly, the department has expectations that where accreditation is generally accepted nationwide as a clear
indicator of quality service, the majority of our providers will either be accredited, have a plan to meet national
accreditation standards, or will initiate one within a reasonable period of time.
CONTRACT # Wt$O
1.2365
12/07/2001 11:51 850922F720 DCF' DCWSTIC VIOL SCD PAGE 06
8115101
W. Agency for Workforce Innovation and Workforce Florida
That it understands that the department, the Agency for Workforce Innovation, and Workforce Florida. Inc. have jointly
implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter aM
remain in gainful employment. The department encourages provider participation with the Agency for Work
Innovation and Workforce Florida.
11. THE DEPARTMENT AGREES:
A. Contract Amount
To pay for yontracted services according to the conditions of Attachment I in an amount not to exceed.
$ 123.220.00 ,subject to the availability of funds. The State of Florida's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other
contract or from any other source are not eligible for payment under this contract.
B. Contract Payment
Pursuant to section 215.422. F.S.. the department has five (5) working days to inspect and approve goods and services,
unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to
health care providers for hospital, medical, or other health care services, if payment is not available within 40 days,
measured from the latter of the date a property completed invoice is received by the departa%ent or the goods or services
are received, inspected, and approved, a separate Interest penalty set by the Comptroller pursuant to section 55.03, F.S.,
will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the distrid fiscal
office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shalg
be made not more than 35 days from the date eligibility for payment is determined. Financial penalties wig be calculated
at the dairy interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment
delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this office we
found in section 215.422 (7). F.S., which include disseminating Information relative to the prompt payment of this state
and assisting vendors in receiving their payments in a timely manner from a state agency. The vendor Ombudsman may
be contacted at (850) 410-9724 or 1-800-848-3792, the State of Fonda Comptroller's Hotline.
D. Notice
Any notice. which is required under this contract, shall be in writing and sent by U.S. Postal Service or any expedited
delivery service that provides verification of delivery, to the designated address contained in this contract.
III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on December 1; 2001 , or on the date on which the contract has been signed by both
parties, whichever is later. It shall end on June 30, 2002
S. Termination
1. This contract may be terminated by either party without cause, no less than thirty (30) calender days notice in
writing to the other party unless a lesser time is mutually agreed upon in writing. Said notice shall be delivered by any
mailing service that provides verification of delivery or in person with proof of delivery.
2. In the event funds to finance this contract become unavailable, the departrment may terminate the contract upon no
less than twenty-four (24) hours notice in writing to the provider. Said notice shall be sent by U.S. Postal Service or any
expedited delivery service that provides verification of delivery. The department shall be the feat authority as to the
availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any
work satisfactorily completed.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice
In writing to the provider. If applicable, the department may employ the default provisions in Chapter 60A-1.006(3). F.A.C.
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. The provisions herein do not limit the department's right to
remedies at law or in equity.
4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the
department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider
must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the
department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of
the department: or (2) had a contract terminated by the department for cause.
CONTRACT 0 M190
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805/01
C. Renegotiation or Modi, .ation
Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly Signed t
both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increase
and changes in the rate of payment when these have been established through the appropriations process ar
subsequently identified in the department's operating budget.
D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
1. The provider name, as shown on page 1 of this 3. The name, address, and telephone number of tt
contract, and mailing address of the official payee to contract manager for the department for this contract is:
whom the payment shall be made is:
Miami Police Department Sandra Hand
400 North West 2 Avenue Department of Children and Families
Miami, Florida 33128 1317 Winewood Boulevard, Bldg. 7, Rm. 326
Tallahassee. FL 32399-0700
(850) 921-2168
2. The name of the contact person and street address
where financial and administrative records are maintained
is:
Capt. David Rivero
Criminal Investigation Division
400 North West 2nd Avenue
Miami, Florida 33128
4. The name, address, and telephone number of th
representative of the provider responsible fc
administration of the program under this contract is:
Capt. David Rivero
400 North West 2 Avenue
Miami, Florida 33128
(305) 579-6450
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provide
in writing to the other party and the notification attached to the originals of this contract.
E. All Terms and Conditions Included
This contract and its attachments. Attachments 1 -III, Exhibit I and 11 an
exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terns an
conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than thos
contained herein, and this contract shall supersede all previous communications, representations, or agreements, eithe
verbal or written between the parties. If any term or provision of this contract is legally determined unlawful c
unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall b
stricken.
By signing this contract, the parties agree that they have read and agree to the entire contract, as described i
Paragraph III.E. above.
IN WITNESS THEREOF, the parties hereto have caused this
officials as duly authorized.
PROVIDER:
Miami Police Deoartment
SIGNED
BY:
NAME: Carlos A. imenez
TITLE: City Manager
DATE:
STATE AGENCY 29 DIGIT SAMAS CODE:
22 page contract to be executed by their undersigne
FLORIDA DEPARTMENT OF CHILDREN ANS FAMILI!
SIGNED
BY:
NAME: Mike Watkins
TITLE: Director, Office of Family Safety
DATE:
Federal EID # (or SSN): 59-6000375 Provider Fiscal Year Ending Date: 09 / 30
CONJI TA.5—
12/a7/2001 11:51 850922'720 DCF DOWSTIC VIfr^CD PAGE 87
sYorida,Department of Children and Families
Ar''TEST: _
By:
%WALT R J. FOtMAN
1 ' CITY CLERK
APPROVED AS TO INSURANCE APPROVED AS TO
REQUIREMENTS: CORRECTNESS: /
8y. 14• 9y:
MARIO SOLDEVILLA
RISK MANAGEMENT
ADMINISTRATOR i
6a
AND
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 13th day of Au ust, 2002, (but effective October 1,
2002) by and between the City of Miami, a municipal corporation of the State of Florida ("City")
and Melissa Buhrmaster, an individual whose mailing address is 13241 S.W. 102 Terrace,
Miami, FL 33186 ("Provider")
RECITALS:
A. The City has been awarded a grant from the State of Florida, Department of
Children & Families, in the amount of $211,938 (the "Grant"), the purpose of the grant is to
promote efforts to hold perpetrators of domestic violence and sexual assault crimes accountable
for their actions and to provide supportive services to victims (the "Program")
B. In accordance with the provision of the Grant, the City requires Victim Advocate
services ("Services") in order to establish and implement the Program.
C. Provider possesses all necessary licenses, qualifications and expertise to perform
the Services.
D. The Commission of the City of Miami, by Ordinance No. 12269, adopted on July
25, 2002, approved the selection of Provider for the provision of the Services required under the
Program, and authorized the City Manager to execute a contract, under the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
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TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for one (1) year, commencing on the
effective date hereof and, unless terminated in accordance with the provisions hereof, shall
continue until completion of the Services by Provider under the Program.
3. OPTION TO EXTEND: The City shall have two (2) options to extend the term
hereof for a period not to exceed one (1) year each, subject to extension of the Program and
availability and appropriation of Grant funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that Provider: (i) possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permit fees,
occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall
be, at all times during the term hereof, fully qualified and trained to perform the Services; and
(iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rate of $21.00 per hour. The compensation to be paid to the Provider under this Agreement shall
be based on the hours of service as required by the City; provided, however, that the total amount
LR7PSA-MBuhrmaster-STOPGRANT-VictimAdvocateServices 2
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of compensation paid to all providers of Victim Advocate Services engaged by the City shall not
exceed $80,640 per year.
B. Unless otherwise specifically provided payment shall be made within forty five
(45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting
documentation and contain sufficient detail, to allow a proper audit of expenditures, should City
require one to be performed.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at his/her principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
he/she has not employed or retained any person or company employed by the City to solicit or
secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person
LR:PSA-MBuhrmaster-STOPGRA,'YT-VictimAdvocateServices 3
126365
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL, STATE
AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
comply with and observe all applicable federal, state and local laws, rules, regulations, codes and
ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in.connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
LR: PSA -MB uhrmaster-STOPGRANT-V icti mAdvocateSery ices 4
12365
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
as provided above, for which the Provider's liability to such employee or former employee would
otherwise be limited to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation. of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. CITY'S TERMINATION RIGHTS:
LR: PSA -MB uhrmaster-STOPGRANT-V ictimAdvocateSeryices 5 12365
A. The City shall have the right to terminate this Agreement, by giving Provider at
least five (5) business days prior written notice, upon discontinuance or termination of the
Program, unavailability of funds under the Grant, or if the City determines, in its sole discretion,
that continuation of the Program or of Provider's services are no longer in the best interest of the
City. In such event, the City shall pay to Provider compensation for services rendered and
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the Grant or under this
Agreement. In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement.
14. INSURANCE: It is requested that the Provider be exempt from the regularly
required insurance. The Criminal Investigation Division of the City of Miami Police Department
will accept responsibility for monitoring all activities as they relate to the services rendered by
the Provider.
15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
LR:PSA-N1Buhrmaster-STOPGRANT-VictimAdvocateServices 6
12365
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
17. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Melissa Buhrmaster
13241 S.W. 102 Terrace
Miami, FL 33186
c: Chief of Police
Miami Police Department
400 N.W. 2 Avenue
Miami, FL 33128
TO THE CITY:
City of Miami
Attention: City Manager
444 S.W. 2"d Avenue
Miami, FL 33130
and City Attorney
City of Miami
444 S.W. 2nd Avenue
Suite 945
Miami, FL 33130
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
LR: PSA -MB uhrmaster-STOPGRANT-V icti mAdvocateSery ices 7 12365
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateServices 8
12365
21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of fiends and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
23. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
v B<�4
Priscilla AlThompson, City Clerk s A. Gimenez,rlyManager
—
A.
IESSES:
Print Name: �f
"Provider"
Print Name: Melissa Buhrmaster
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateServices 9
12365
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO
City Attorney
APPROVED AS TO INSURANCE
Risk Management Administrator
LR:PSA-MBuhrmaster-STOPGFtANT-V ictimAdvocateSeryices 10
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ATTACHMENT "A"
SCOPE OF SERVICES
The Victim Advocates are responsible for serving victims of domestic violence and
sexual assaults.
DUTIES AS NECESSARY
• Twenty-four hour on-call scheduled crisis intervention counseling.
• Long-term supportive advocacy.
• Assistance with property return.
• Assistance in completing restitution request.
• Accompaniment to line-ups, and interviews.
• Support for victims during sexual assault examinations.
• Court escort services to and/or for court related activities such as interviews, depositions,
pretrial hearings, trials and sentencing.
• Assistance with landlords, employers or schools.
• Referral for emergency legal advocacy.
• Assistance in filing victim compensation claims (mandatory requirement).
• Information and referral.
• Providing ADT Alarm System where needed.
• Attend all required training.
• Assistance in pet removal/safety.
• Tracking repeat calls.
• Provide regular statistical reports to STOP Administrator.
12365
kGENDA
)N
.GENDA
AN EMEF ,NCY ORDINANCE OF THE MIA1V
CITY COMMISSION AMENDING ORDINANCE
NO. 11557, AS AMENDED, ADOPTED OCTOBER
14, 1997, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATED FUND FOR
A SPECIAL REVENUE FUND ENTITLED: "STOP
VIOLENCE AGAINST WOMEN", TO INCREASE
APPROPRIATIONS, IN THE AMOUNT OF
$211,938, CONSISTING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES IN THE AMOUNT OF $158,953 AND
IN-KIND SERVICES MATCH IN THE AMOUNT
OF $52,985; AUTHORIZING THE CITY
MANAGER TO: (1) ACCEPT SAID GRANT AND
EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
(2) EXPEND MONIES FROM THIS FUND FOR
NECESSARY EXPENSES TO CONTINUE THE
OPERATION OF THE PROGRAM; AND (3)
EXECUTE PROFESSIONAL SERVICES
AGREEMENTS WITH INDIVIDUALS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE PROVISION OF VICTIM ADVOCATE
SERVICES AND A VICTIM ADVOCATE
ADMINISTRATOR, IN AN ANNUAL AMOUNT
NOT TO EXCEED $150,500, FOR A ONE-YEAR
PERIOD, WITH THE OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS;
FURTHER ALLOCATING FUNDS IN THE
AMOUNT OF $41,619 FROM THE POLICE
GENERAL OPERATING BUDGET FOR THE
REQUIRED IN-KIND MATCHING FUNDS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
Page I
ORDINANCE 12269
MOVED: WINTON
SECONDED: TEELE
ABSENT: GONZALEZ
http://w-ww.ci.miami.fl.us/Agendas/Clerk/02-07-25.htm 12365 8/1/Z
CONTRACT LJ 180
AMENDMENT 1
This Amendment, entered into between the State of Florida, Department of Children and Farrulies, hereiaafter
referred to as the "department" and the Miami Police Deparunent, hereinafter referred to as the "provider", amends
contract number LJ180.
This amendment renews the contract from July 1, 2002 through June 30, 2003 and S 158,953 is being added to pay for
services.
1. Standard Contract Section II.A , Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $282,173.00,
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source arc not eligible for payment under this contract.
2. Section Ii1.A., Ending Date is modified to read.
It shall end on June 30, 2003.
3 Exhibit 1, page IS is deleted in its entirety and replaced by Exhibit I, page IS (Revised)
This amendment shall begin on July 1, 2002 or the date on which the amendment has been signed by both parties,
whichever is Iater.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to this amendincnt.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thereunto duly authorized.
PROVIDER Miarru Police Department
SIGNED BY:
NAME: Carlos A. Ar.- e4�
TITLE. City Manager
DATA: JUN 2 6 2002
FEDERAL EID #: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY: cl
NAME: Mike Watkins
TITLE: Director, Office of Family Safety
DATE: (0
12365
Ur/ 1u/ cuuc a — --
ATTEST:
FESCE LA A T136MPSON
CITY CLERK
APPROVED AS 10 INSURANCE
APPRO
FORM
R. SUE VgY.L0Wf^ 6Xe ,,dlc VILARELLO
RIS"*.4 NAGEM NT 7ANDRO
Y ATTORNEY XAK
ACTINO ADIGNISTSATOB
12365
EXHIBIT I
REQUEST FOR PAYMENT c
v r
Provider:
Miami Police Department
Contract Number:
Address:
Telepbone:
Type of Request: Regular_ Final _
Date of Claim:
Claim Period:
Claim Number:
CURRENT COS'T'S
Law Enforcement Monthly Number Claim Year
Unit Of Service Budget Rate Of Units Amount To Date Balance
SFY 2001-2002: $123,220.00
SFY 2002-2003 $158,953.00 513.246.00 (7/1/02-5/30/03) 11 S S S
S13,247.00 (6/l/03-6/30/03) 1 S S S
SUMMARY OF PAYMENTS
SFY 2002/2003 Allocation: S REQUIRED MAT'C'H:
2002/2003 bunds Previously Requested. S SFY 2002/2003: S
Amount of this Request: $ Current Match Amount. $_
2002/2003 Balance: S _ 2002/2003 Reported Match to Date: $
POQ oc/ us6 oNL r
I certify that the above report is a true and correct reflection of this period's
activities, as stipulated by this contract. TOTAL APPROVED FOR PAYMENT: S
Signature of Provider Agency Official
Nte
Phone #
OCA: AWI.00
Signature
15 (Revised)
Date
l
t -
FLORIDA' ''ARTMENT OF
CH I L DREN Jeb Bush
Governor
u e FAMILIES
April 15, 2002
Kristin Jordahl
City of Miami Police Department
400 Northwest 2nd Avenue
Miami, Florida 33128
Re: STOP Violence Against Women Contract Renewal
Dear Ms. Jordahl:
Kathleen A. Kearney
Secretary
The Department of Children & Families (DCF) wishes to exercise its option to renew the
domestic &/or sexual violence law enforcement contract as stated on Page 13, Section D,
Paragraph 3 of Contract 4 LJ 180. This renewal will begin on July 1, 2002 and end on June 30,
2003 and the contract amount for this renewal period will not exceed $158,953 with a required
local match of $52,985.
Florida was fortunate this year to receive a modest increase in its annual VAWA allocation. As
you can see from the contract renewal amount, the increase has been passed along to participating
law enforcement agencies. Be advised that this increased allocation is subject to the availability of
funds provided annually from the U.S. Department of Justice and can not be guaranteed at the
same level for the next contract renewal cycle (July 1, 2003 to June 30, 2004). The Department
recommends that these additional funds not be budgeted for personnel services that may be in
jeopardy if future VAWA allocations do not remain at current levels.
If you agree to this contract renewal, please have an authorized signatory for your agency sign
below and return this acceptance along with a twelve month project budget (federal + match) not
to exceed the amounts stated above and an updated Summary of Outcomes Form that includes
the specific, quantifiable projected outputs to be achieved during the additional twelve (12)
months of the contract period. Be advised that the number of -projected outputs to be achieved
under the contract renewal should be reflective of the increase in funds allocated to your contract.
Please submit the required documents to DCF at the address below no later than April 30, 2002 in
order to allow sufficient time to process the contract renewal prior to its current termination date
of June 30, 2002. All terms and conditions of the original contract and any supplements and
amendments shall remain in force and effect for this renewal.
1317 Winewood Boulevard, Tallahassee, Florida 32399-0700
Working in partnership with communities to ensure safety,
well-being and stability for the people we serve.
12365
STOP Violence Against Women
April 15, 2002
Page Two
Office of Family Safety, Domestic Violence Unit
Florida Department of Children & Families
Building 7, Room 329
Tallahassee, Florida 32399-0700
Attn: Vera Kirkland
If you have any questions, please don't hesitate to call my office ai 850/921-2168.
Sincerely,
oa4�
andra Hand, Planner IV
Office of Family Safety, Domestic Violence Unit
SH/vmk
Enclosure
Provider I/ -�
Agency Named (,7►� u- , WWX; ,&;—
Signed by:
Name: w 4 �i�i►�.
Title:
Date: ��-----
12365
Line Item Budget Form
Round figures to the nearest dollar. Identify federal request/ local match by category;
not individual line item. See sample Line Item Budget on page 18. This form may be
reproduced to allow for all budgeted line items. Additional pages may be added.
Information provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
SALARY
Sergeant @ $51,363 (yr.) x .60 =
$30,818
FRINGE BENEFITS
$30,818 x .46 = $14,176
Sub -Total
S44,994
$ 44,994
Contractual Services:
2 Victim Advocates
(no benefits for 12 mos.)
$21 hr. x 160 hrs. mo. x 12 mos. _
$40,320 ea.
TOTAL = $40,320 x 2 = S80,640
On call Overtime = $21 hr. x 250
hrs. = $5,250 ea.
TOTAL = $5,250 x 2 = $10,500
1 Supervisor
(no benefits for 12 mos.)
$28 hr. x 160 hrs. mo. x 12 mos. _
$53,760
On call Overtime = $28 hr. x 200
hrs. _ $5,600
Sub -Total
$150,500
$150,500
Travel & Training:
DIVERT Traininz:
Federal Request
airfare — 4 ppl x $500 = $2,000
hotel - 2 rms x $100 day x 5 days
= $1,000
_
registration — 4 ppl x 5450 =
$ 1,800
rental car - $60 day x 5 days =
$300
food — 4 ppl x S21 day x 5 days =
$420
Sub -Total
S 5,520
S 5,520
Building Space:
12365
Communications & Utilities:
FEDERAL REQUEST
cell phone — 1 x S55 x 12 mos. _
$660
LOCAL MATCH
telephones — 3 x $64 mo. x 12
mos. = $2,304
Sub -Total
S 660
S 2,304
$ 2,964
Printing & Supplies:
FEDERAL REQUEST
office/program supplies (videos,
books, toys, subscriptions, file
cabinets, etc.) - $2,273
LOCAL MATCH
Brochures — 4,549 DV x $1.25 ea.
_ $5,687
Sub -Total
S 2,273
$ 5,687
S 7,960
Equipment:
$ -0-
Other:
Total Expenditures
5!58,953
$ 52,985
$211,938
12365
Budget Summary Form
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel
S44,994
$ 44,994
Contractual Services
$150,500
$150,500
Travel & Training
$ 5,520
S 5,520
Building Space
$ -0-
Communications & Utilities
$ 660
S 2,304
S 2,964
Printing & Supplies
$ 2,273
$ 5,637
$ 7,9b0
Equipment
Other
$ -0-
Total Expenditures
$158,953
S52,985
$211,938
NOTE: Be advised that the minimum match requirement is 25% of the Total Budget,
which calculates to 1/3 of Federal requested dollars (non-profit agencies are
exempt from match requirement).
1.2365
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Hono7mmission
or and Memb s MIA,y 13 2003
TO: the City DATE : FILE:
SUBJECT: Proposed Emergency Ordinance
oe Arriola STOP Violence Against
FROM: REFERENCES: g
Administrator/City Manager Women Grant Renewal
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance,
amending Ordinance No. 11557, as amended, adopted on October 14, 1997, which established
initial resources and initial appropriations for a Special Revenue Fund entitled: "STOP Violence
Against Women," thereby increasing said appropriation in the amount of $209,032, consisting of a
$156,774 grant award from the Florida Department of Children & Families, and a required in-kind
match in the amount of $52,258 (25%) by the City of Miami. The City's in-kind contribution
includes the services of a Police Sergeant assigned to the Violent Crimes Intervention Unit
($44,994), office/program supplies ($4,960), and telephone operational expenses ($2,304).
It is also respectfully recommended that the City Commission authorize the City Manager to
amend the existing Professional Services Agreements with individuals for Victim Advocate
Services and a Victim Advocate Administrator, in an annual amount not to exceed $149,100, and
to further extend said agreements for a one-year period, for the Police Department. Funding to be
provided from the STOP Violence Against Women Grant.
BACKGROUND
The Police Department has received additional grant funds towards the continuation of the Violent
Crimes Intervention Unit's Rapid Enforcement and Containment Tracking (REACT) Team.
These funds will be used to continue the Police Department's efforts to work with community
groups to establish formal risk management procedures and to increase public awareness through
an organized community education/awareness campaign. The REACT Team is comprised of
police officers and victim advocates who work together to abate risks to victims. This grant will
allow the Police Department to continue to provide advocacy, strive to increase prosecutable
domestic violence and/or sexual assault arrests, while trying to decrease the number of repeated
domestic violence and/or sexual assault calls and ensure the victim's safety, as well as that of their
family and pets.
FISCAL IMPACT: NONE — IN-KIND MATCH
JA X /lr
x.236
11
nFLORIDA DEPARTMENT OF
CHILDREN
& FAMILIES
April 15, 2003
Ms. Kathy Foster
City of Miami Police Department
Homicide/Domestic Violence Unit
400 Northwest 2nd Avenue, 5th Floor
Miami, Florida 33128
RE: Contract Renewal
Number LJ 180
Dear Ms. Foster:
Jeb Bush
Govemor
Jerry Regier
Secretary
Enclosed for your review is a copy of the renewal to your contract. Two copies are
included for execution. Please ensure that both copies are signed as originals in blue
ink by an authorized representative and returned as soon as possible. If you have any
questions you may contact me at (850) 921-2168.
Sincerely,
Sandra R. Hand
Government Operations Consultant II
Domestic Violence Program Office
SH/vmk
Enclosures
1317 Winewood Boulevard, Tallahassee, Florida 32399-0700
The Department of Children and Families is committed to working in partnership with
communities to ensure safety, well-being and stability for the people we serve.
12365
EXHIBIT I
REQUEST FOR PAYMENT
Provider:
Miami Police Department
Contract Number:
Address:
Telephone:
Type of Request: Regular_ Final _
Date of Claim:
Claim Period:
Claim Number:
Cit
CURRENT COSTS
Law Enforcement Monthly Number Claim Year
Unit Of Service Budeet Rate Of Units Amount To Date Balance
SFY 2001-2002: $123,220.00
SFY 2002-2003: $158,953.00
SFY 2002-2003: $156,774.00 $13,064.00 (7/1/03-5/30/04) 11 $ $ $
$13,070.00 (6/1/04-6/30/04) 1 $ $ $
SUMMARY OF PAYMENTS
SFY 2003/2004 Allocation: $ REQUIRED MATCH:
2003/2004 Funds Previously Requested: $ SFY 2003/2004:
Amount of this Request: $ Current Match Amount:
2003/2004 Balance: $ 2003/2004 Reported Match to Date:
FOR DCF USE ONL Y
I certify that the above report is a true and correct reflection of this period's
activities, as stipulated by this contract. TOTAL APPROVED FOR PAYMENT: $_
OCA: AWL00
Signature of Provider Agency Official Date
Signature
Title Phone #
15 (Second Revision)
Date
CONTRACT LJ 180
AMENDMENT 2
This Amendment, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the "department" and the Miami Police Department, hereinafter referred to as the "provider", amends
contract number LJ 180.
This amendment renews the contract from July 1, 2003 through June 30, 2004 and $156,774.00 is being added to pay
for services.
1. Standard Contract, Section I.P., Final Invoice, the first sentence only, is modified to read:
To submit the final invoice for payment no more than 30 days after the contract ends or is terminated.
2. Standard Contract Section II.A., Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $438,947.00,
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source are not eligible for payment under this contract.
3. Standard Contract, Section III.A., Ending Date is modified to read:
It shall end on June 30, 2004.
4 Attachment I, Exhibit I, page 15 is deleted in its entirety and replaced by Exhibit 1, page 15 (Second Revision).
This amendment shall begin on July 1, 2003 or the date on which the amendment has been signed by both parties,
whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thereunto duly authorized.
PROVIDER Miami Police Department
SIGNED BY:
NAME: Joe Arriola
TITLE: City Manager
DATE:
FEDERAL EID #: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY:
NAME: Trula E. Motta
TITLE: Director, Domestic Violence Program Office
DATE:
2003-2004
Line Item Budget Form
Round figures to the nearest dollar. Identify breakout of federal request v/s local match
costs by category; not individual line item. This form may be reproduced or expanded to
allow for all budgeted line items. Additional pages may be added. Information
provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
Salary
Screcui%a 551.36 3(-Y0\.60=
$30,818
Fringe Benefits
S30,818 x.46=$14,176
Sub -Total
$44,994
$44,994
Contractual Services:
2Victim Advocates
(no benefits for 12 mos.)
S21 hr. x 160 hrs.mo. x 12 mos =
$40,320 ea.
TOTAL=540,320 x 2 =$80,640
On call Overtime=$21hr. x250hrs. =55,250 x
2=$10,500
1 Supervisor
(no benefits for 12 mos.)
S28 hr. x 180 hrs. mo. X 12 mos.= $53,760
On call Overtime= S28 hr. x 150 hrs =$4,200
Sub -Total
$149,100
$149,100
Travel & Training:
Federal Request
Airfare 3 ppl x $500=$1500
Hotel- 2nms x S 100 day x 5 days= S 1000
Registration- 3 ppl x 5450=51350
Rental car- S60 day x 5 days =$300
Food- 3 ppl x S21 day x 5 days =$315
Sub -Total
$4465
$4465
Building Space:
Sub -Total
$ -0-
Communications & Utilities:
FEDERAL REQUEST
Cell phone -3x $55 x 12 mos= $1980
LOCAL MATCH
1.2365
TELEPHONES- 3 X $64 MO. X 12 MOS. _
$2,304
Sub -Total
$1980
$2304
$2304
Printing & Supplies:
FEDERAL REQUEST
OFFICE/PROGRAM SUPPLIES (VIDEOS,
Books, toys, subscriptions,file cabinets, etc.) -
$1229
LOCAL MATCH
Brochures -3968 DV x$1.25 ea.=$4,960
Sub -Total
$1229
$4960
$6189
Equipment:
Sub -Total
$-0-
Other:
Sub -total
$-0-
Total Expenditures
$156,774
$52,258
$209,032
12365
Budget Summary Form
Budget Line Item
Federal
Request
Local
Match
Total Budget
Personnel
$44,994
$44,994
Contractual Services
$149,100
$149,100
Travel & Training
$4465
$4465
Building Space
Communications & Utilities
$1980
$2304
$2304
Printing & Supplies
$1229
$4960
$6189
Equipment
$0
Other
$0
Total Expenditures
$156,774
$52,258
$209,032
NOTE: Be advised that the minimum match requirement is 25% of the Total Budget,
which calculates to 1/3 of Federal requested dollars (non-profit agencies are
exempt from match requirement).
Source and Type of Match listed in the Budget Summary:
Cash Source:
Amount
S.T.O.P $156,774
In-kind Source: Amount
In-kind Service $52,258
12365
CONTRACT LJ 180
AMENDMENT 1
This Amendment, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the "department" and the Miami Police Department, hereinafter referred to as the "provider", amends
contract number LJ ISO.
This amendment renews the contract from July 1, 2002 through June 30, 2003 and S 158,953 is being added to pay for
services.
1. Standard Contract Section II.A., Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed 5282,173.00,
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source are not eligible for payment under this contract.
2. Section III.A., Ending Date is modified to read:
It shall end on June 30, 2003.
3 Exhibit I, page 15 is deleted in its entirety and replaced by Exhibit I, page 15 (Revised).
This amendment shall begin on July 1, 2002 or the date on which the amendment has been signed by both parties,
whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby
changed to conform to this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thereunto duly authorized.
PROVIDER Miami Police Department
SIGNED BY:
NAME: Carlos A. Gimenez
TITLE: City Manager
JUIN 2 E 2002
DATE:
FEDERAL EID R: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY:
NAME: Mike Watkins
TITLE: Director, Office of Family Safety
DATE:
12365
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED ASTO INSURANCE
REQUIREMEWS: /J
R. SUE WEnEW/
RISY "4ANAGE NT
ACTING ADMINISTRATOR
kNDRO VILARELLO
ATTORNEY Kp-,k
12385
EX111131T 1
REQUEST FOR PAYMENT
Provider:
Miami Police Police De ra•tment
Contract Number: —- — —
Address:
Telephone: --
Type of Request: Regular_ Final —
Date of Claim: -
Claim Period:
Claim Number:
0-4!
zz
CJS
CURRENT COSTS
Law Enforcement Monthly Number Claim Year
Unit Of Service 13udtet Rate Of Units Amount To Date Balance
SFY 2001-2002: $123,220.00
SPY 2002-2003 $158,953.00 $13,246.00 (7/1/02-5/30/03) 11 $ $ $
$13,247.0 (6/1/03-6/30/03) 1 $ $ $
SUMMARY OF PAYMENTS
SPY 2002/2003 Allocation: $ REQUIRED MATO
2002/2003 Funds Previously Requested: $ SPY 2002/2003: $ _
Amount of this Request: $ Current Match Amount:
2002/2003 Balance: $ 2002/2003 Reported Match to Date:
FOR DCF USF ONG Yr
1 certify that the above report is a true and correct reflection of this period's
activities, as stipulated by this contract. TOTAL API'ROVL+'D FOR PAYMhaN'1': $_
Signature of Provider Agency Official Date
i Title
Phone #
OCA: AWI.00
Signature nate
15 (Revised)
12/07/2001 11: 51
.7/1101
CFDA No. 16 588
85092?6720
DCF DOMEST i C V I OL rCD
Client
FLORIDA DEPARTMENT OF CtKILDREN AND FAMILIES
STANDARD CONTRACT
PAGE 02
Non -Client Q
Multi -District ❑
THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the
"department.' and Miami Police Department
hereinafter referred to as the "provider. -
I. THE PROVIDER AGREES:
A. Attachment I
To provide services in accordance with the conditions specified in Attachment I
B. Requirements of Section 287.058 F.S.
To provide units of deliverables. including reports, findings, and drafts, as specified in Attachment I, to be received and
accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such criteria
must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bits for
fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof.
Where applicable, to submit bills for any travel expenses in accordance with section 112.061, F.S. The department may,
if specified in Attachment 1, establish rates lower than the maximum provided in section 112.061, F.S.. To allow public
access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S.. made or
received by the provider in con/unction with this contract. it is expressly understood that the provider's refusal to comply
with this provision shall constitute an immediate breach of contract.
C. Governing Law
1. State of Florida Law
That this contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in
all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its
obligations herein in accordance with the terms and conditions of the contract.
2. Federal Law
a. That if this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74,
and/or 45 CFR, Part 92, and other applicable regulations as specified in Attachment 1.
b. That if this contract contains federal funds and is over S100,000. the provider shall comply with all applicable
standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.),
section 508 of the Federal Water Pollutiio n Control Act.as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR, Part 30). The provider shall report any violations of the above to
the department.
c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for
the provider, to influence legislation or appropriations pending before the Congress or any State legislature. If this
contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the
Cartification Regarding Lobbying form, Attachment 11 . If a Disclosure of Lobbying Activities form, Standard Form
LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification
Regarding Lobbying form must be completed and returned to the contract manager.
d. That unauthorized aliens shall not be employed. The department shall consider the employment of
unauthorized aliens a violation of section 274A(s) of the Immigration and rationality Act (8 U.S.C. 1324 a). Such violation
shall be cause for unilateral cancellation of this contract by the department.
e. That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order
11246, Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented in Department of
Labor regulation 41 CFR, Part 60. [45CFR, Part 921
f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall
comply with the Pro -Children Act of 1994 (20 U.S.C. 6083). Failure to comply with the provisions of the low may result in
the imposition of a civil monetary penalty of up to $1.000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity. This clause is applicable to all approved subcontracts.
D. Audita, Records and Retention
1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with
generally accepted accounting procedures and practices. which sufficiently and properly reflect all revenues and
expenditures of funds provided by the department under thls contract.
2. To retain all client records, financial records, supporting documents, statistical records, and any other documents
(including electronic storage media) pertinent to this contract for a period or rive (5) years after completion of the contract.
or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be
retained until resolution of the audit findings or any litigation which may be based on the terms of this contract.
CF standard Contract. JF 07/2001 t
CONTRACT ar _Q&'O
12365
12/P.7/2001 11:51- 8509226720 DCF XWESTIC VICLECD PACE 03
7/1/01
3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any
records or documents during the required retention period in Section 1, Paragraph D.2.
4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by
Federal. State, or other personnel duly authorized by the department.
5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and
Federal auditors, pursuant to 45 CFR. Part 92.36(;)(10), shell be allowed full access to and the right to examine any of the
provider's contract and related records and documents, regardless of the form in which kept.
6. To provide a financial and compliance audit to the department as specified in Attachment IIi and to ensure that
all related party transactions are disclosed to the auditor.
7. To include these aforementioned audit and record keeping requirements in all subcontracts and assignments.
E. Monitoring by the Department
To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and
services of the provider which are relevant to this contract, and to interview any Clients and employees and subcontractor
employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this
contract. Following such evaluation, the department will deliver to the provider a written report of its findings and request
for development, by the provider, a corrective action plan. The provider hereby agrees to correct all noted deficiencies
identified by the department within the specified period of time set forth in the department approved corrective action plan.
F. Indemnification
NOTE: Paragraphs 1.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as
defined in subsection 768.28(2). F.S.
1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and empbYees
harmless from all claims, suits. judgments, or damages, including attorneys' fees and costs, arising out of any act, actions,
neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any
subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property.
2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the provider's duty to defend and
to indemnify within seven (7) days after notice by the department by certified mail. After the highest appeal taken is
exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this
provision. The provider shall pay all costs and fees. including attorneys' fees related to these obligations and their
enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of
these duties. The provider shall not be liable for the sore negligent acts of the department
G. Insurance
To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times
during the existence of this contract and any renewal(s) and extension(s) of it. By execution of this contract, unless it is a
state agency or subdivision as defined by subsection 768.28(2). F.S., the provider accepts full responsibility for identifying
and determining the type(s) and extent of liability Insurance necessary to provide reasonable financial protections for the
provider and the clients to be served under this contract. Upon the execution of.this contract, the provider shag furnish the
department written verification supporting both the determination and existence of such insurance coverage. Such
coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida.
The department reserves the right to require additional insurance as specified in Attachment 1.
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in
conformity with state statutes and federal law or regulations (45 CFR, Part 205.50), except upon written consent of the
recipient, or the responsible parent or guardian when authorized by law.
1. Assignments and Subcontracts
1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work
contemplated under this contract without prior written approval of the department which shall not be unreasonably
withheld. Any sublicense. assignment, or transfer otherwise occurring, without prior approval of the department, shalt be
null and void.
2. To be responsible for all work performed and all expenses incurred with the project. If the department permits the
provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with
vendors for services and commodities. it is understood by the provider that all such subcontract arrangements shall be
evidenced by a written document subject to prior review and comment by the department. Such review of the written
subcontract document by the department will be limited to a determination of whether or not subcontracting is permissible
and the inclusion of applicable terms and conditions of this contract The provider further agrees that the department shall
not be liable to The subcontractor for any expenses or liabilities incurred under the subcontract and the provider shag be
solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its
expense, will defend the department against such claims.
CONTRACT 0 Mid
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7/1101
3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties. or obligations under this
contract to another governmental agency in the State of Florida, upon giving prior written notice to the provider. In the
event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all wort(
performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors,
assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of
Florida.
4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from
the department in accordance with section 287.0585. F.S., unless otherwise stated in the contract between the provider
and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and
paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen
(15) percent of the outstanding balance due.
J. Retum of Funds
To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this
contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor
discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days
without prior notification from the department. In the event that the department first discovers an overpayment has been
made, the contract manager, on behalf of the department, will notify the provider by letter of such findings. Should
repayment not be made forthwith, the provider will be charged at the ►awful rate of interest on the outstanding balance
after department notification or provider discovery.
K. Client Risk Prevention and Incident Reporting
1. That if services to clients will be provided under this contract. the provider and any subcontractors shall. in
accordance with the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner
prescribed in CFOP 215-6 or district operating procedures.
2. To immediately report knowledge or reasonable suspicion of abuse. neglect, or exploitation of a child, aged person,
or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800.96ABUSE). As required
by Chapters 39 and 415. F.S., this is binding upon both the provider and its employees.
L. Purchasing
1. To purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative
Industries and Diversified Enterprises. inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under
the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the provider shat be
deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to
subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be
obtained by contacting PRIDE, (850) 487-3774.
2. To procure any recycled products or materials which are the subject of or are required to carry out this contract, in
accordance with the provisions of sections 403.7065, and 287.045, F.S.
M. Civil Rights Requirements
1. Not to discriminate against any employee in the performance of this contract. or against any applicant for
employment, because of age. race. creed, color, disability, national origin, or sex. The provider further assures that all
contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or
employees in connection with any of its programs and activities are not discriminating against those participants or
employees because of age, race. creed. color, disability, national origin, or sex. This is binding upon the provider
employing fifteen (15) or more individuals.
2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and B. in accordance with CFOP 60-16.
This is binding upon providers that have 15 or more employees. _
N. independent Capacity of the Contractor
1. To be solely liable for the performance of all tasks contemplated by this contraCt which are not the exclusive
responsibility of the department.
2. To act in the capacity of an independent contractor and not as an officer, employee of the State of Florida. except
where the provider is a state agency. Neither the provider nor its agents, employees, subcontractors or assignees shall
represent to others that it has the a0hority to bind the department unless specifically authorized in writing to do so.
3. This contract does not create any right to state retirement. leave benefits or any other benefits of state employees
as a result of performing the duties or obligations of this contract.
4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be
an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the
State of Florida.
5. The department will not fumish services of support (e.g.. office space, office supplies, telephone service, secretarial:
or clerical support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to by the
department in Attachment 1.
S. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation
funds. and all necessary insurance for the provider, the provider's officers. employees, agents, subcontractors, or
assignees shall be the sole responsibility of the provider.
CONTRACT N
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O. Sponsorship
As required by section 286.25. F.S., 4 the provider is a nongovernmental organization which sponsors a program final
wholly or in part by state funds, including any funds obtained through this contract, it shalt, in publicizing, advertising, or
describing the sponsorship of the program, state: "Sponsored by (providers name) and the State of Florida. Department
of Children and Families.' If the sponsorship reference is in written material, the words "State of Florida, Department of
Children and Families" shall appear in the same size letters or type as the name of the organization.
P. Final Invoice
To submit the final invoice for payment to the department no more than 45 days after the contract ends or is
terminated. If the provider fails to do so, all rights to payment are forfeited and the department will not honor any requests
submitted after the aforesaid time period. Any payment due under the terns of this contract may be withheld until all
reports due from the provider and necessary adjustments thereto have been approved by the department.
Q. Use Of Funds For Lobbying Prohibited
To comply with the provisions of sections 11.062 and 216.347. F.S., which prohibit the expenditure of contract funds for
the purpose of lobbying the Legislature, judicial branch, or a state agency.
R. Public Entity Crime
Pursuant to section 287.133. F.S., the following restrictions are placed on the ability of persons convicted of public entity
crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list
following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not bwuact
business with any public entity in excess of the threshold amount provided in section 287.017. F.S., for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
S. Patents, Copyrights, and Royalties
1. if any discovery or invention arises or is developed in the course or as a result of work or services performed under
this contract. or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be
referred to the Department of State to determine whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby
reserved to the State of Florida.
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify
the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract
are hereby reserved to the State of Florida.
3. The provider, without exception, shall indemnify and save harmless the State of Florida and its employees from
liability of any nature or kind, including cost and expenses for or on account of any copyrighted. patented, or unpatented
invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and
exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written
notification of claim of copyright or patent infringement Further, if such Bairn is made or is pending. the provider may, at
its option and expense, procure for the Department of State, the right to continue use of, replace. or modify the article to
render it non -infringing. If the provider uses any design, device, or materials covered by letters. patent. or copyright, it is
mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the
use of such design, device, or materials in any way involved in the work.
T. Construction or Ronovabon of Facilities Using State Funds
That the department shall file a lien against any property that has been constructed or substantially renovated, in whole or
in part, through the use of state funds. However, the department is not required to file a lien if the amount of state funds
does not exceed $25,000 or 9v percent of the contract amount, whichever amount is less. As a condition of receipt of
state funding for this purpose, the provider agrees that, if it disposes of the property before the department's lien interest
is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation.
U. Security Obligations
1. To identify an appropriately skilled individual to function as its Data Security Officer. This Security Officer shall act
as the liaison to the Department's Security Staff and will maintain an appropriate level of data security for the information
the provider is collecting or using in the performance of this contract. This includes approving and tracking all provider
employees that request system or information access and ensuring that user access has been removed from all
terminated provider employees.
2. To furnish Security Awareness Training to its staff.
3. To ensure that all provider employees that have access to departmental information are provided a copy of CFOP
50-6 and sign the DCF Security Agreement form (CF114). A copy may be obtained from the contract manager.
Y. Accreditation
That The department is committed to ensuring provision of the highest quality services to the persons we serve.
Accordingly. the department has expectations that where accreditation is generally accepted nationwide as a dear
indicator of quality service, the majority of our providers will either be accredited, have a plan to meet national
accreditation standards, or will initiate one within a reasonable period of time.
CONTRACT aYL.Jt O
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8115/01
W. Agency for Workforce Innovation and Workforce Florida
That it understands that the department, the Agency for Workforce Innovation, and Workforce Florida. Inc. have jointly
implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and
remain in gainful employment. The department encourages provider participation with the Agency for Workforft
Innovation and Workforce Florida.
11. THE DEPARTMENT AGREES:
A. Contract Amount
To pay for yontracted services according to the conditions of Attachment I in an amount not to exceed.
$123,220.00 , subject to the availability of funds. The State of Florida's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the legislature. Any costs or services paid for under any other
contract or from any other source are not eh9lble for payment under this contract.
B. Contract Payment
Pursuant to section 215.422, F.S., the department has five (5) working days to inspect and approve goods and services,
unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to
health care providers for hospital, medical, or other health care services. if payment is not available within 40 days,
measured from the latter of the date a property completed invoice is received by the department or the goods or services
are received, inspected, and approved, a separate Interest penalty set by the Comptroller pursuant to section 55.03, F.S.,
will be due and payable in addition to the invoice arrount. To obtain the applicable interest rate, contact the district (scat
officelcontract administrator. Payments to health care providers for hospital. medical, or other health care services, shall
be made not more than 35 days from the dote eligibility for payment is determined. Financial penalties will be calculated
at the daily interest rate of .03333"!x. Invoices returned to a vendor due to preparation errors will result in a payment
delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this office are
found in section 215.422 (7). F.S., which include disseminating information relative to the prompt payment of this state
and assisting vendors in receiving their payments in a tkneiy manner from a state agency. The vendor Ombudsman may
be contacted at (850) 410-9724 or 1-800-848-3792, the State of Florida Comptroller's Hotline.
D. Notice
Any notice. which is required under this contract, shall be in writing and sent by U.S. Postal Service or any expedited
delivery service that provides verification of delivery, to the designated address contained in this contract.
Ill. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on December 1; 2001. _,or on the date on which the contract has been signed by both
parties, whichever is later. It shall end on June 30, 2002
B. Termination
1. This contract may be terminated by either party without cause, no less than thirty (30) calendar days notice in
writing to the other party unless a lesser time is mutually agreed upon in writing. Said notice shall be delivered by any
mailing service that provides verification of delivery or in person with prof of delivery.
2. In the event funds to finance this contract become unavailable. the department may terminate the contract upon no
less than twen!y-four (24) hours notice in writing to the provider. Said notice shag be sent by U.S. Postal Service or any
expedited delivery service that provides verification of delivery. The department shalt be the final authority as to the
availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any
work satisfactorily completed.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice
In writing to the provider. If applicable, the department may employ the default provisions in Chapter 60A-1.006(3). FAC.
Waive: 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. The provisions herein do not limit the departments right to
remedies at law or in equity.
4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the
department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider
must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the
department of the unsatisfactory performance. and failed to correct the unsatisfactory performance to the satisfaction of
the department. or (2) had a contract terminated by the department for cause.
CONTRACT S LAISP
1123 to
W15/01
C. Renegotiation or Modific n
Modifications of provisions of u us contract shall only be valid when they have been reduced to writing and duly signed b}
both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increase.,
and changes in the rate of payment when these have been established through the appropriations process anc
subsequently identified in the department's operating budget.
D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
1. The provider name, as shown on page 1 of this 3. The name, address, and telephone number of the
contract. and mailing address of the official payee to contract manager for the department for this contract is:
whom the payment shall be made is:
Miami Police Department Sandra Hand
400 North West 2 Avenue Department of Children and Families
Miami. Florida 33128 1317 Winewood Boulevard, Bldg. 7, Rm. 326
Tallahassee. FL 32399-0700
(850) 921-2168
2. The name of the contact person and street address
where financial and administrative records are maintained
is:
Capt. David Rivero
Criminal Investigation Division
400 North West 2nd Avenue
Miami, Florida 33128
4. The name, address, and telephone number of the
representative of the provider responsible for
administration of the program under this contract is:
Capt. David Rivero
400 North West 2 Avenue
Miami, Florida 33128
(305) 579-6450
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided
in writing to the other party and the notification attached to the originals of this contract.
E. All Terms and Conditions Included
This contract and its attachments. Attachments 1-111, Exhibit I and 11 and
exhibits referenced in said attachments, together with any documents incorporated by reference, contain all a terms and
conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those
contained herein, and this contract shall supersede all previous communications, representations, or agreements, either
verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or
unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be
stricken.
By signing this contract, the parties agree that they have read and agree to the entire contract, as described in
Paragraph III.E. above.
IN WITNESS THEREOF, the parties hereto have caused this 22 page contract to be executed by their undersigned
officials as duly authorized.
PROVIDER: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
Miami Police Department
SIGNED
BY: -
NAME: Carlos A. imenez
TITLE: City Manager
DATE:
STATE AGENCY 29 DIGIT SAMAS CODE:
SIGNED
BY:
NAME: Mike Watkins
TITLE: Director, Office of Family Safety
DATE:
Federal EID # (or SSN): 59-6000375 Provider Fiscal Year Ending Date: 09 1 30
2a7/2001 11:51 6n922�72B DDWSTIC VIrm r1PAGE 87
` rida oRpartment of Children and
- z
A0 rEST:
By:
TAJ. FOLMAN
r ! . CITY CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
MARIO SOLDEVILLA
RISK MANAGEMENT
ADMINISTRATOR
Families
A
C
6a
1%365
J-97-645
9/12/97
ORDINANCE NO. 115 5 7
ASV EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: " STOP VIOLENCE AGAINST
WORSEN", AND APPROPRIATING FUNDS FOR THE OPERATION
OF THE PROGRAM, IN THE AMOUNT OF $227,032 CONSISTING OF
A $150,000 GRANT FROM THE OFFICE OF THE GOVERNOR, TASK
FORCE ON DOMESTIC AND SEXUAL VIOLENCE AND CITY OF
MIA -MI MATCHING FUNDS, IN THE AMOUNT OF $77,032;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID $150,000 GRANT AWARD
FROM SAID GRANTOR; FURTHER AUTHORIZING THE
ALLOCATION OF $77,032.00 OF CITY OF M1AN9 IN-KIND
MATCHING FUNDS FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
WHEREAS, the Miami Police Department has approximately 6,000 reported cases of
domestic violence annually, and
WHEREAS, the Police Department received 12,344 calls for services between 1995
through 1997 that were domestic violence related; and
WHEREAS, the Police Department will name their program REACT, which w0l create a
process for rapid enforcement of legal remedies for domestic violence and for containing the
offender through direct and coordinated application of community resources and track the can
until the victim is safe; and
2 65
WHEREAS, the Police Department under the REACT program will place a culturally
sensitive, highly trained staff person at the scene to a dom,eatic violence call in an effort to provide
legal and support services to the victim, and
WHEREAS, the Office of the Governor, Task Force on Domestic and Sexual Violence,
has approved a grant award, in the amount of $227,032 00, which includes a required S77,032.00
match by the City of Miami, toward salaries and necessary expenses for the operation of this
program: and
WHEREAS, any purchases would hare to comply with applicable city code purchasing
requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA.
Section 1. The recitals and findings contained in the preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The following Special Revenue Fund is hereby established and resources
are hereby appropriated as described herein:
FUND TITLE: STOP VIOLENCE AGAINST WOMEN
RESOURCES: Office of the Governor,
Task Force oa Domestic
and Sexual Violence
Department of Police
General Operating Bud=et,
In-kind Matching Funds
APPROPRIATIONS: Necessary expenses for the operation
of the Stop Vloknce Against Wonsen
Grant
2
31501000.00
S 77,032.00
S227tenoo
12364
Section 3 The City Manager is hereby authorized' to accept the grant as set forth in
the Preamble to this Ordinance and to enter into the necessary contracts) and/or agreements(s),
in a form acceptable to the City Attomey, for acceptance of the aforesaid monies.
Section 4. All Ordinances or parts of Ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are hereby repealed
Section 5 City of Miami in-kind matching funds, in the amount of $77,032. are
hereby allocated from the Police Department General Operating Budget.
Section 6 If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7 The Grant period is from September 1, 1997 to February 1, 1999. It is.
therefore, necessary to enact an Emergency Ordinance so that the Grant may be accepted and
utilized to its full potential.
Section 8 The requirements of reading this Ordinance on two separate days is hereby
dispensed with by an affirmative vote of not leas than four-fifths of the members of the
Commission.
Section 9. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED dds 14th day of . ..
(A "e,5al�JOE CAROLLO, MAYOR
kJF0U9WAA
Tho lwein autborization is further subject to compliano• with all requirements that tnny be imposed by the City
Attemey. incN&ng but trot limited to those prescribed by applicable city Cbaner and code prvvialotu.
3►
BUDGETARY REVIEW.
t
DIPAK PAREKH
DIRECTOR
OFFICE OF BUDGET &MANAGEMENT ANALYSIS
PREPARED AND APPROI, BY:
CHARLES C. MA S
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS.
A. QUINN, Iii
CITY =;x
Y
W362: CSK
1� QC, P,,,,ru;g p ,]
4 12365 4'
�V V
J-99-464
5/11/99
ORDINANCE No. 11798
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11557,
ADOPTED OCTOBER 14, 19971 WHIM ESTABLISHED
INITIAL RESOURCES AND APPROPRIATIONS FOR A
SPECIAL REVENUE FUND ENTITLED, •STOP VIOLENCE
AGAINST WOMEN", TO INCREASE SAID
APPROPRIATIONS, IN THE AMOUNT OF $114,755,
CONSISTING OF A GRANT FROM THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR $80,000
AND IN-KIND SERVICES MATCH OF $34,755;
AUTHORIZING THE CITY M;0TAGER TO ACCEPT SAID
GRANT, AND TO 'EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; FURTHER
ALLOCATING $34,755 FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET AS IN-KIND MATCHING
FUNDS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
WHEREAS, pursuant to Ordinance No. 11557, adopted
October 14, 1997, a special revenue fund entitled "Stop Violence
Against Women" was established to appropriate funds, in the
amount of $150,000, for the continuation and expansion of a
comprehensive set of strategies in the fight against domestic
violence using projects such as DVI REACT; and
WHEREAS, the Florida Department of Community Affairs has
approved an additional grant award in the amount of $s0,000
contingent upon a in-kind service match by the City of Miami in
12365
u
the amount of $34,755, and
WHEREAS, it is the desire of the City fUmmissio.n to accept
said grant; and
WHEREAS, any purchases shall comply with established
procurement procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 2 of Ordinance No. 11557, adopted on
October 14, 1997, is hereby amended in the following
particulars:y
FUND TITLE: STOP VZOLSNCS AGAZNST WOMEN
RaSOURCES: Florida Department of
Commmity Affairs 0 so r"4 $230,000
Department of Police
General operating Budget
In-kind service 6- $111,797
AapROPRIATioNS: Stop Violence Againet Nom*n iA., a .Q'I $341,707
Section 3. The City Manager is hereby authorized to
accept the grant from the Florida Department of Community Affairs
Words and/or figures stricken through shall be delated. Underscored
words aril/or figures small be added. The remaining provisions are now
in of toot asd remain unchanged. Asterisks indicate emitted and
unchanged material.
a
and to enter into the ne_essary contract (s) and/or agreements (s) ,
i:, a fog acceptable to the City Attorney Y for acceptance of
said grant for the operation of said program.
Section 4. Funds in the amount of $34,755 are hereby
allocated from the Police Department General Operating Budget,
for the required in-kind matching funds.
Section 5. All Ordinances yr parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase or ward of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and supplies and to generally carry on the functions and
duties of municipal affairs.
Section 8. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
V The herein authorization is further subject to compliance with all
requirements that way be imposed by the City Attorney, including but act
limited to those prescribed by applicable city Charter and code
provisions.
- 3 - 121365
,'--
of not lees tha. four-fifths of the memnzera tie COmmiye'-on.
Section 9. This Ordinance ahall eff
�ective
immediately upon its adaption and signat.:re of the Mayor.' -
PASSED AND ADOPTED BY TITLE Uyi.Y t a 11th Say of
May 1999.
JOE CAROLLO, MAYOR
baNWthnce with MiaN Code Sec. 2,38, 1*0 the
legiektion by I" it in Mayor didnot indicatA dt�provet of
Ireomes ellectivs w Me designated place provided, said fe$islztion nv•.
mgt+ Seine eMayo of ten da„�trom d"110Q of Cot ion acti;
� � tarlihout the Mayor iKercivkk pa sA&n
ATTEST:
WALTER J. FOEMAN
CITY CLERK
t/
v If the Mayor does not sign this Ordinance, it shall became
effective at the and of ten calendar days from the date it was
passed and adopted. if the Mayor vetoes this Ordinance, it shall
become affective immediately upon override of the veto by the
City Commission.
• 4 -
27
11.595
ORD:NA�tNCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11557, AS
AMENDED, WHICH ESTABLISHED INITIAL RESOURCES
AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "STOP VIOLENCE AGAINST WOMEN", TO
INCREASE SAID APPROPRIATIONS, IN THE AMOUNT
OF $120,388, CONSISTING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN
THE AMOUNT OF $89,773 AND IN-KIND SERVICES
MATCH IN THE AMOUNT OF $30,615; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; FURTHER ALLOCATING $30,615 FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET AS
IN-KIND MATCHING FUNDS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 11557, adopted October 14, 1997,
established a special revenue fund entitled "Stop Violence
Against Women" and appropriated funds, in the amount of $150,000,
consisting of a grant from the Office of the Governor, Task Force
on Domestic and Sexual Violence, and in-kind matching funds, in
the amount of $77,032, for domestic violence projects such as
Domestic Violence Intervention ("DVI") and Rapid Enforcement and
Containment Tracking Team ("REACT"); and
WHEREAS, Ordinance No. 11798, adopted May 11, 1999, amended
Ordinance No. 11557, to increase said appropriations, in the
amount of $114,755, consisting of a grant from the Florida
12365
Of
17. - Y: 1 n Ta__.._. _ funds. - =•^e amcur.� ._ �_ %__, an
WHEREAS t^e Florida Department of �orrmur._ty a ffa--=
;+as
approved an add:=ional grant award in the amount cf
con— inge-:t upon an _n -kind service match cf $3C,9_15, ty
of Miami; and
WHEREAS any purchases shall comply with estati _s::ed
procurement procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in
the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in
this
Section.
Section 2. Section 2 of Ordinance No. 11557, adopted on
October 14, 1997, is hereby amended in the following
particulars: 'i
FUND TX -TLE: STOP VIOLENCE AGAINST WOMEN
RESOURCES: Florida Department of
Community Affairs 5319,773
Department of Police
General Operating Budget
In -Kind Service fi' ^--'.* X142.402
APPROPRIATIONS: STOP Violence Against Women
X3.4-4:':;$4 5 4 6 2 17 5
1� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Paqe 2 of 4
�`----� 3. inc ____ Mannacer is
�0MM,�..__
and to execute :he necessary dccument,s', :-. a =c_M
accea=able to the City Attorney, for the acceptance of: said gra
f;,r the coeratior. Of said Program.
Se.ticn 4. F:.n ds the amount of $30,615 are : erebv
3from the Po_lLce Department General Operat_nc 3udoet,
for the required in-kind matching funds.
Section 5. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section. 7. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public reed for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and materials and to generally carry on the functions
and duties of municipal affairs.
Section 8. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four-fifths of the members of the Commission.
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
1236 Page 3 of 4
a
bez:cme e;zec__
�:a�"'_Q% arci 5'Qrla=:'_'c c_ _no Ma` or
BY TITLE ONLY :..is 17th day of
f'a�..�s_•� �_JJ.
OE C.AROLLO , MAYOR
In accortance wt;. Sa. 2 _ the •�c� .. --
regarding lama, wit ,=L the :Mayor
WALTER J. FOEMAN
CI.'Y CLERK
r
AP LVED .TD . .
FO X CORRECTNESS :t/
CIr7hdb:RCL TTORNEY
W8
1� If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4 12305
y
J-00-1070
12/5/00
Z )000
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11557, AS
AMENDED, ADOPTED OCTOBER 14, 1997, WHICH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND
ENTITLED: "STOP VIOLENCE AGAINST WOMEN", TO
INCREASE APPROPRIATIONS, IN THE AMOUNT OF
$60,092, CONSISTING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN
THE AMOUNT OF $44,886 AND IN-KIND SERVICES
MATCH IN THE AMOUNT OF $15,206; AUTHORIZING
THE CITY MANAGER TO: (1) ACCEPT SAID GRANT
AND EXECUTE THE NECESSARY DOCUMENTS, IN A-
FORE ACCEPTABLE TO THE CITY ATTORNEY, (2)
EXPEND MONIES FROM THIS FUND FOR NECESSARY
EXPENSES TO CONTINUE THE OPERATION OF THE
PROGRAM; AND (3) EXECUTE PROFESSIONAL
SERVICES AGREEMENTS WITH INDIVIDUALS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
PROVISION OF DOMESTIC VIOLENCE SENIOR
COUNSELORS)/VICTIM ADVOCATE(S), IN AN ANNUAL
AMOUNT NOT TO EXCEED $44,886 FOR AN
ADDITIONAL ONE (1) YEAR PERIOD; FURTHER
ALLOCATING- FUNDS IN THE AMOUNT OF $15,206
FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET FOR THE REQUIRED IN-KIND
MATCHING FUNDS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant
to
Ordinance
No. 11557, adopted
October 14, 1997, the
City
Commission
established a Special
Revenue Fund entitled
"STOP
Violence
Against Women," which
appropriated grant funds for the continuation and expansion of
12365
ti
comprehensive strategies in the fight against domestic violence
using projects such as the Domestic Violence Intervention Rapid
Enforcement and Containment Tracking (DVI REACT); and
WHEREAS, Ordinance No. 11557 was amended, pursuant to
Ordinance Nos. 11798 and 11895, to reflect the appropriation of
additional grant awards received by the City for said program and
cause; and
WHEREAS, the Florida Department of Community Affairs has
approved an additional grant award, in the amount of $60,092,
contingent upon in-kind service match funds by the City of Miami
in the amount of $15,206; and
WHEREAS, any purchases for the expenditure of said funds
must comply with applicable City Code procurement procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference and
incorporated as if fully set forth in this Section.
12 3.Ot
Page 2 of 5 �'�
Section 2. Section 2 of Ordinance No. 11557, adopted
October 14, 1997, and as amended by Ordinance Nos. 11798 and
11895, is hereby amended in the following particulars:l/
FUND TITLE: STOP VIOLENCE AGAINST WOMEN
RESOURCES: Florida Department of
Community Affairs 6319, $364,659
Department of Police
General operating Budget
In -Kind Service 6142,402 $157,608
APPROPRIATIONS: $4621i4s $522,267
Section 3. The City Manager is hereby authorized2l to
accept the grant from the Florida Department of Community
Affairs, and execute the necessary documents, in a form
acceptable to the City Attorney, for acceptance of said monies
for the operation of the Stop Violence Against Women Program.
Section 4. The City Manager is hereby authorized to
expend monies from this Fund for the operation of said Program.
Section 5. The City Manager is hereby further
authorized3J to execute Professional Services Agreements, in a
form acceptable to the City Attorney, with individuals for the
1/ words and/or figures stricken through shall be deleted. underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
2i The herein authorization is further subject to compliance ompliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and code
provisions.
1/ Ibid .
12365
Page 3 of 5
provision of Domestic violence Senior Counselors)/Victim
Advocate(s) for the Department of Police, in an annual amount of
$44,886 for an additional one year period.
Section 6. Funds in the amount of $15,206 are hereby
allocated from the Police Department General Operating Budget for
the required in-kind matching funds.
Section 7. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 8. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 9. This 'Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami, and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and materials and to generally carry on the functions
and duties of municipal affairs.
Section 10. The requirements of reading this Ordinance on
two separate days are hereby dispensed with by an affirmative
vote of not less than four-fifths of the members of the
Commission.
Page 4 of 5 12 3 6,11
;am
Section 11. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED BY TITLE ONLY this 14th day of
December 2000.
JOE CAROLLO, MAYOR
ami Code Sec. 2-35. since the Mavor di:! not indicste a
1n accordance Kith i
._
-ragsriing same, v ifi a::::
ATTEST:
WALTER J. FOEMAN
CITY CLERK
AP
ATTORNEY
W977:LB:BSS
FORM i
S: e/
`-� If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
Page 5 of 5 _
12365
JUL-16- E'02 09:34 C77Y CLEWS OFFICE 30S 858 1619
J-01-898
101110101 12138
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11557, AS
AMENDED, ADOPTED OCTOBER 14, 1997, WHICH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND
ENTITLED: "STOP VIOLENCE AGAINST WOMEN", TO
INCREASE APPROPRIATIONS, IN THE AMOUNT OF
5154, 839, CO1SIS_ING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
IN THE AMOUNT OF 5123,200 AND IN-KIND
SERVICES MATCH IN THE AMOUNT OF $41,619;
AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT
SAID GRANT AND EXECUTE THE NECESSARY
DOCUMENTS, IN A FO&M ACCEPTABLE TO THE CITY
AT'T'ORNEY, (2) EXPEND MONIES FROM THIS FUND
FOR NECESSARY EXPENSES TOCONTINUE THE
OPERATION OF THE PROGRAM; AND (3) EXECUTE
PROE'ESSIONAL SERVICES AGREEMENTS WITH
!NOTVIO ALS, IN A FORM ACCEEPTABLE TO THE CITY
ATTORNEY, FOR THE PROVISION OF VICTIM
ADVOCATE SERVICES A11D A VICTIM ADVOCATE
ADMINISTRATOR, =N AN ANNUAL AMOUNT NCT TO
EXCEED $100, OCC, FCR A CNE -YEAR PERIOD, WITH
TPE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS; FURTHER ALLOCATING FUNDS IN
THE AMOUNT OF ;41,619 FROM THE POLICE GENERAL
OPERATING BUDGET FOR THE REQUIRED IN -MND
MATCHING FUNDS; CONTAINING A RZFEALER
PROVISION AND SEVERABILITY CIJ.AUSE, AND
RO'TIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinan;,e No. 11557, adopted
octcber 14, 1997, the City Commission established a Special
Revenue Fund e:^titied "STOP Viol _nce Against Women, " which
�pp�opr,a�ed crane funds fog the continuarion and expansion of
l
12365
P.02
TI_iL-lE ?002 0a �5 CITY CLERKS UFFI -E
305 81516- 1610 P. 03
Comprehensive stratagies in the fight against domestic viclence
using projects such as the Violence Intervention Rapid
?nforcament and Containment Tracking (REACT); and
WHEREAS, Ordinance No. 11557 was amended, pursuant to
Ordinance Nos. 117981 11895 and 12000, to reflect the
appropriation of additional grant awards received by the City for
program and cause; and
WTHERZAS, the Florida Department of Children and Families has
approved an additional grant award, in the amount of $164,839,
continge.t upon in-kind services match funds by the City of Miami
in the amount of :4x,619; and
WHEREAS, any purchases Tor the expenditure off said funds
must comm y with applicable C_ty Code procirement procedures;
NVO, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ord=nance are hereby adopted by reference and
ncorporated as if fully set forth in th_s Section.
Page 2 of 5 ,
!UL -16-2002 03: 5 C:7`( C-ERKS OFF I CE 365 958 161.3 F.04
Section 2. Section 2 of Ordinance No. :1557, adopted
October. 14, 1997, and as amended by Ordinance -Nos. 11156, 11895
and 12000 is amended ir. the following particsiars:=�
FUND TITLE: :TOP VIOLENCE AGAINST WOMEN
RE90GRCB5. F o n da Department o:
children and families $464,659 $487,859
Department of Police
General CF-Qrating Budget
In-<ind Services 4444V498 9199,227
kPPRCPRIA_IOYS: ��+i� t68?,CBc
Section 3. The City Manage= is authorized!' to accept
t:ie grant frorn the Florida Department of Children and Families
and execute the necessary documents, _n a ;orm, acceptable to the
City Attorney, for acceptance cf said mon--e5 for the operation of
t_he S70- Violence Against Women Program.
Section 4. The City Manager is authorized to expend
monies from this Fund for the operation of said Progrart.
Section 5. The Cit;► Manager is further authorized'/ to
execute Professional Services Agreements, in a toren acceptable to
the City Attorney, with individuals for the provision of Victim]
=� Fiords ans/or fig -_:res . ___cker. through stall be aeleted. Underscored
words and/or figures shall be added. The remain_ng provis4c.-Is are now
in ef`_e:a and remain unchanged. asterisks-rd_cate omitrcd and
unchanged material.
"rhe herein autho_izeti;;z is further sub-iect to compliance with all
requirements that may be imposed by the City Attorney, including but nom
finite d to those prescribed by applicable City Charter and Code
Frovisl-_)ns.
Ibis..
Page 3 of 5
12365
jJ--15-2002 09:3-5' Ci Y CLERKS CFF ICE 305 9-5F 161a P.05
Adv oc:ace services and a Victim Advocate Administrator for the
Department of Police, in an annaa! amount of $100,800 for a
period of one year, with tine option to renew for two additional
one -yeas periods.
Section_ 6. Funds in the amount of $41,619 are allocated
from the Police Department. General operating Budget for the
required in -;rind matching funds.
Section 7, A'_1 Ordinances or parts of Ordinances insofar
as they are inconsistent or i:: conflict wit"- the provisions of
this Ordinance are repealed.
Section 8. If any section, part of section, paragraph,
clause, ph -rase or word of this Ordinance -Js declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 9. This Ordinance ils declared to be an emergency
measure on the grounds of urgent public need for the preservation
of peace, health, safety, and Fropermy of the City of Miami, and
upon the further grounds cf the necessity to :rake the required
and necessary payments to its employees and offipers, payment of
its debts, necessary and required purchases of goods and
=-terials and to generally carry on the functions and duties of
municipal affairs.
Section 10. Tre requirements of reading this Ordinance on
two separate days are dispersed with by an a-ffirmative vote of
not less than =cur -fifths of the members of the CoaLmissior..
Page 4 of S
6
JL -16-21D02 0S:::6
Secr-jon 11. This Ord+nance shall become effective
I;nmediate lr -,Pon ir.s adoption- and signature of tte ;ayor.-•
?AS-zED AND ADOPTED BY -"ITLE ONLY this day of
2C�v1.
JOE CAROLLO, MAYOR
•,, �� .-', -'� ,:T�Q the Pd�yard no! ind:c:.*te ann*n'��l of
a . • 'ter) -�r., ,�.•,.., ...;:�
Awmari,
:a i Cc:�x � �ssc.;a��$� Wrt�cwi ir�d. i44ayUtcsATTES�: City Clerk
WALTER u. FOSMAN
CITY CLSRK
APPR0V 0 M AND C0RREDTNESS.t:..1
DR _ E:.L
PITT Y
W1157 : LB
t. if 7--1'e Mayor does nzt sign this Ordnance, it shall beccre effective at
-he end of ten calandar days f-rom t'ne date it was passed and adopted.
�f -he tlayo: vetces this Ordinance, it shall become efrecttve
_rnrc.edi �tc?y upon: override of tae ve:c !:y the City CommissioL,
Page 5 of 5
12365
2365 TOTAL P.06
APR -16-2003 13:43 CITY CLERKS OFFICE 305 e5e 1610 P.02
1
J-02-1091
8/22/02
12269
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11557, AS
AMENDED, ADOPTED OCTOBER 14, 1997, WHICH
ESTABLISHED INITIAL RESOURCES AND
APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND
ENTITLED; "STOP VIOLENCE AGAINST WOMEN", TO
INCREASE APPROPRIATIONS, IN THE AMOUNT OF
$211,938, CONSISTING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
IN THE AMOUNT OF $158,953 AND IN-KIND
SERVICES MATCH IN THE AMOUNT OF $52,985;
AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT
SAID GRANT AND EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
A'T'TORNEY, (2) EXPEND MONIES FROM THIS FUND
FOR NECESSARY EXPENSES TO CONTINUE THE
OPERATION OF THE PROGRAM; AND (3) EXECUTE
PROFESSIONAL SERVICES AGREEMENTS WITH
INDIVIDUALS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PROVISION OF VICTIM
ADVOCATE SERVICES AND A VICTIM ADVOCATE
ADMINISTRATOR, IN AN ANNUAL AMOUNT NOT TO
EXCEED $150,500, FOR A ONE-YEAR PERIOD, WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS; FURTHER ALLOCATING FUNDS IN
THE AMOUNT OF $41,619 FROM THE POLICE GENERAL
OPERATING BUDGET FOR THE REQUIRED IN-KIND
MATCHING FUNDS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 11557, adopted
October 14, 1997, the City Commission established a Special
Revenue Fund entitled "STOP Violence Against Women," which
appropriated grant funds for the continuation and expansion of
12365
APR -16-2003 13:43 CITY CLERKS OFFICE 305 ese 1610 P.03
comprehensive strategies in the fight against domestic violence
using projects such as the Violence Intervention Rapid
Enforcement and Containment Tracking (REACT); and
WHEREAS, Ordinance No. 11557 was amended, pursuant to
Ordinance Nos, 11798, 11895, 12000 and 12138, to reflect the
appropriation of additional grant awards received by the City for
said program and cause; and
WHEREAS, the Florida Department of Children and Families has
approved an additional grant award, in the amount of $158,953,
contingent upon in-kind services match funds by the City of Miami
in the amount of $52,985; and
WHEREAS, any purchases for the expenditure of said funds
must comply with applicable City Code procurement procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 5
23085
APR -16-2003 13:44 CITY CLERKS OFFICE 305 858 1610 P.04
Section 2. Section 2 of Ordinance No. 1.1557, adopted
October 14, 1997, and as amended by Ordinance Nos. 11798, 11895,
12000 and 12138 is amended in the following particulars;!'
FUND TITLE: STOP VIOLENCE AGAINST WOMEN
RESOURCES: Florida Department of
Children and Families $487,859 $646,812
Department of Police
General Operating Budget
In -Kind Services 594,22; $252,212
APPROPRIATIONS: $68,886 $899,024
t f ri•
Section 3. The City Manager is authorized) to accept
the grant from the Florida Department of Children and Families
and execute the necessary documents, in a form acceptable to the
City Attorney, for acceptance of said monies for the operation of
the STOP Violence Against Women Program.'
Section 4. The City Manager is authorized to expend
monies from this Fund for the operation of said Program.
Section 5. The City Manager is further authorizedil to
execute Professional Services Agreements, in a form acceptable to
the City Attorney, with individuals for the provision of Victim
L words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
V The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City charter and Code
provisions.
V Ibid.
Page 3 of 5
12365
APR -16-2003 13:44 CITY CLERKS OFFICE 305 858 1610 P.05
Advocate Services and a 'Victim Advocate Administrator for the
Department of Police, in an annual amount of $150,500 for a
period of one year, with the option to renew for two additional
one-year periods.
Section 6. Funds in the amount of $41,619 are allocated
from the Police Department General Operating Budget for the
required in-kind matching funds.
Section 7. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section S. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 9. This Ordinance is declared to be an emergency
measure on the grounds of urgent public need for the preservation
of peace, health, safety, and property of the City of Miami, and
upon the further grounds of the necessity to make the required
and necessary payments to its employees and officers, payment of
its debts, necessary and required purchases of goods and
materials and to generally carry on the functions and duties of
municipal affairs.
Section 10. The requirements of reading this Ordinance on
two separate days are dispensed with by an affirmative vote of
not less than four-fifths of the members of the Commission.
Page 4 of 5
12365
APR -16-2003 13:44 CITY CLERKS OFFICE 305 858 1610 P.06
Section 11, This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED BY TITLE ONLY this 22nd day of
Aum , 2002.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED ASi1`O FORM AND CORRECTNESS:
A
W118
•
MANVEL A. DIAZ, MAYO
+J If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission.
Page 5 of 5
TOTAL P.06
12365
FLORIDA Dr_, \RTMENTOF
CHILDREN Jeb Bush
Governor
FAMILIES
Kathleen A. Kearney
SSecretary
April 15, 2002
Kristin Jordahl
City of Miami Police Department
400 Northwest 2nd Avenue
Miami, Florida 33128
Re: STOP Violence Against Women Contract Renewal
Dear Ms. Jordahl:
The Department of Children & Families (DCF) wishes to exercise its option to renew the
domestic &/or sexual violence law enforcement contract as stated on Page 13, Section D,
Paragraph 3 of Contract 4 LJ180. This renewal will begin on July 1, 2002 and end on June 30,
2003 and the contract amount for this renewal period will not exceed $158,953 with a required
local match of $52,985.
Florida was fortunate this year to receive a modest increase in its annual VAWA allocation. As
you can see from the contract renewal amount, the increase has been passed along to participating
law enforcement agencies. Be advised that this increased allocation is subject to the availability of
funds provided annually from the U.S. Department of Justice and can not be guaranteed at the
same level for the next contract renewal cycle (July 1, 2003 to June 30, 2004). The Department
recommends that these additional funds not be budgeted for personnel services that may be in
jeopardy if future VAWA allocations do not remain at current levels.
If you agree to this contract renewal, please have an authorized signatory for your agency sign
below and return this acceptance along with a twelve month project budget (federal + match) not
to exceed the amounts stated above and an updated Summary of Outcomes Form that includes
the specific, quantifiable projected outputs to be achieved during the additional twelve (12)
months of the contract period. Be advised that the number of projected outputs to be achieved
under the contract renewal should be reflective of the increase in funds allocated to your contract.
Please submit the required documents to DCF at the address below no later than April 30, 2002 in
order to allow sufficient time to process the contract renewal prior to its current termination date
of June 30, 2002. All terms and conditions of the original contract and any supplements and
amendments shall remain in force and effect for this renewal.
1317 Winewood Boulevard, Tallahassee, Florida 32399-0700
Working in partnership with communities to ensure safety,
well-being and stability for the people we serve.
12365
r
STOP Violence Against Women
April 15, 2002
Page Two
Office of Family Safety, Domestic Violence Unit
Florida Department of Children & Families
Building 7, Room 329
Tallahassee, Florida 32399-0700
Attn: Vera Kirkland
If you have any questions, please don't hesitate to call my office at 850/921-2168.
SlVvmk
Enclosure
Provider
Agency N,
Signed by:
Name:
Title:
Date:
Sincerely,
004�
andra Hand, Planner IV
Office of Family Safety, Domestic Violence Unit
� �/G4/l4�Ir♦
12365
Line Item Budget Form
Round figures to the nearest dollar. Identify federal request/ local match by category;
not individual line item. See sample Line Item Budget on page 18. This form may be
reproduced to allow for all budgeted line items. Additional pages may be added.
Information provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
SALARY
Sergeant @ $51,363 (yr.) x .60 =
$30,818
FRINGE BENEFITS
$30,818 x .46 = $14,176
Sub -Total
$ 44,994
S44,994
Contractual Services:
2 Victim Advocates
(no benefits for 12 mos.)
$21 hr. x 160 hrs. mo. x 12 mos. _
$40,320 ea.
TOTAL = $40,320 x 2 = $80,640
On call Overtime = $21 hr. x 250
hrs. _ $5,250 ea.
TOTAL = $5,250 x 2 = $10,500
1 Supervisor
(no benefits for 12 mos.)
$28 hr. x 160 hrs. mo. x 12 mos. _
$53,760
On call Overtime = S28 hr. x 200
hrs. _ $5,600
Sub -Total
$150,500
$150,500
Travel & Training:
DIVERT Traininz:
Federal Request
airfare — 4 ppl x $500 = $2,000
hotel - 2 rms x $100 day x 5 days
_ $1,000
registration — 4 ppl x $450 =
$1,800
rental car - $60 day x 5 days =
$300
food — 4 ppl x $21 day x 5 days =
$420
Sub -Total
$ 5,520
S 5,520
Building Space:
S -0-
12365
Communications & Utilities:
FEDERAL REQUEST
cell phone — 1 x $55 x 12 mos. _
$660
LOCAL MATCH
telephones — 3 x $64 mo. x 12
mos. = $2,304
Sub -Total
$ 660
$ 2,304
$ 2,964
Printing &Supplies:
FEDERAL REQUEST
office/program supplies (videos,
books, toys, subscriptions, file
cabinets, etc.) - $2,273
LOCAL MATCH
Brochures — 4,549 DV x $1.25 ea.
= $5,687
Sub -Total
$ 2,273
$ 5,687
$ 7,960
Equipment.
$ -0-
Other:
$ -0-
Total Expenditures-
$158,953
$ 52,985
$211,938
12365
Budget Summary Form
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel
$ 44,994
$ 44,994
Contractual Services
$150,500
$150,500
Travel & Training
$ 5,520
$ 5,520
Building Space
$ -0-
Communications & Utilities
$ 660
$ 2,304
$ 2,964
Printing & Supplies
$ 2,273
$ 5,687
$ 7,960
Equipment
$ -0-
Other
$ -0-
Total Expenditures
$158.953
$ 52,985
$211,938
NOTE: Be advised that the minimum match requirement is 25% of the Total Budget,
which calculates to 1/3 of Federal requested dollars (non-profit agencies are
exempt from match requirement).
A, 0 `�; �,
r
AMENDMENT NO.1 TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI AND KATHY SMITH FOSTER
This Agreement is entered into this 23 day of August , 2002, by and
between the City of Miami, a municipal corporation of the State of Florida (the "CITY"), and
Kathy Smith Foster, an individual (the "Provider") for the purpose of amending Section 2 of that
certain agreement between the CITY and Provider, dated March 4", 2002 (the "Agreement"), as
follows:
1. The Term of the agreement is hereby extended for the first of two (2) one (1) year
options. This extension is made pursuant to Paragraph 3 of the Agreement.
2. The amount of compensation is hereby increased by $80,640 in order to provide for
payment of services to be provided for the extended term.
Except as specifically provided herein, all of the terms and provisions of the Agreement
shall remain in effect.
ATTEST:
CITY OF MIAMI, a m icipal corporation
of the State aff Wri
By: By:
PRI ILLA A. THOMPSON CArLS
City Clerk City Manage
APPROVED AS TO FORM AND
CORRECTNESS:
By:
ALEJANDRO VILARELL
City Attorney
APPROVED AS TO INSUR
REQUIRE
By:
RISK MA AGEMENT
Administrator
1236r
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 4th day of March , 2002 (but effective
February 4, 2002) by and between the City of Miami, a municipal corporation of the State of
Florida ("City") and Kathy Foster, an individual whose mailing address is 16421 N.W. 21
Avenue, Miami, Florida 33054 ("Provider").
RECITALS:
A. The City has been awarded a grant from the State of Florida, Department of
Children & Families, in the amount of $164,839 (the "Grant"), the purpose of the grant is to
promote efforts to hold perpetrators of domestic violence and sexual assault crimes accountable
for their actions and to provide supportive services to victims (the "Program")
B. In accordance with the provision of the Grant, the City requires Victim Advocate
services ("Services") in order to establish and implement the Program.
C. Provider possesses all necessary licenses, qualifications and expertise to perform
the Services.
D. The Commission of the City of Miami, by Ordinance No. 12138, adopted on
October 11, 2001, approved the selection of Provider for the provision of the Services required
under the Program, and authorized the City Manager to execute a contract, under the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
Al X361
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for one (1) year, commencing on the
effective date hereof and, unless terminated in accordance with the provisions hereof, shall
continue until completion of the Services by Provider under the Program.
3. OPTION TO EXTEND: The City shall have two (2) options to extend the term
hereof for a period not to exceed one (1) year each, subject to extension of the Program and
availability and appropriation of Grant funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that Provider: (i) possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permit fees,
occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall
be, at all times during the term hereof, fully qualified and trained to perform the Services; and
(iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rate of $21.00 per hour. The compensation to be paid to the Provider under this Agreement shall
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocateServices 2
x.23�, p..
6
be based on the hours of service as required by the City; provided, however, that the total amount
of compensation paid to all providers of Victim Advocate Services engaged by the City shall not
exceed $60,480 per year.
B. Unless otherwise specifically provided payment shall be made within forty five
(45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting
documentation and contain sufficient detail, to allow a proper audit of expenditures, should City
require one to be performed.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at his/her principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
he/she has not employed or retained any person or company employed by the City to solicit or
' LR:PSA-KFOSTER-STOPGRANT-VictimAdvocateservices 3
'6
secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL, STATE
AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
comply with and observe all applicable federal, state and local laws, rules, regulations, codes and
ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
LR:PSA-KFOSTER-STOPGRAW-VictimAdvocateSrnices 4
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
as provided above, for which the Provider's liability to such employee or former employee would
otherwise be limited to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocateServices 5
j2365
13. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, by giving Provider at
least five (5) business days prior written notice, upon discontinuance or termination of the
Program, unavailability of funds under the Grant, or if the City determines, in its sole discretion,
that continuation of the Program or of Provider's services are no longer in the best interest of the
City. In such event, the City shall pay to Provider compensation for services rendered and
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the Grant or under this
Agreement. In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement.
14. INSURANCE: It is requested that the Provider be exempt from the regularly
required insurance. The Criminal Investigation Division of the City of Miami Police Department
will accept responsibility for monitoring all activities as they relate to the services rendered by
the Provider.
15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocateServices
12365
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
17. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Kathy Foster
16421 N.W. 21 Avenue
Miami, Florida 33054
COPY TO: Chief of Police
City of Miami Police Department
400 N.W. 2 Avenue
Miami, FL 33128
City Attorney
City of Miami
444 S.W. 2 Avenue, Suite 945
Miami, F133130
18. MISCELLANEOUS PROVISIONS:
TO THE CITY:
City Manager
City of Miami
444 S.W. 2"d Avenue, 10th Floor
Miami, FL 33130
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocateServim 7 12365
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocatesrnices 8 6, � r,
12 0
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
23. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written
ATTEST:
y via Scheider, Acting C' C1 rk
"City99
CITY OF MIAMI, a municipal
corporation
By:
amen City Manager
LR:PSA-KFOSTER-STOPGRANT-VictimAdvocamSovim 9
12365
WITNESSES:
j4C�A A $4p
PrintN e: !CtiSfi,1 016 Q t
"P vider"
--t-
Print Name: lathy Foster
APPROVED AS TO INSURANCE
/t/ .
ilk-
MARIO soLDEVILLA
Risk Management Administrator
LR:PSA-KFOSTER-STOPGRANT-VictimAdvomteSavices 10
12365
ATTACHMENT "A"
SCOPE OF SERVICES
The Victim Advocates are responsible for serving victims of domestic violence and
sexual assaults.
DUTIES AS NECESSARY
• Twenty-four hour on-call scheduled crisis intervention counseling.
• Long-term supportive advocacy.
• Assistance with property return.
• Assistance in completing restitution request.
• Accompaniment to line-ups, and interviews.
• Support for victims during sexual assault examinations.
• Court escort services to and/or for court related activities such as interviews, depositions,
pretrial hearings, trials and sentencing.
• Assistance with landlords, employers or schools.
• Referral for emergency legal advocacy.
• Assistance in filing victim compensation claims (mandatory requirement).
• Information and referral.
• Providing ADT Alarm System where needed.
• Attend all required training.
• Assistance in pet removal/safety.
• Tracking repeat calls.
• Provide regular statistical reports to STOP Administrator.
12365
j
CONTRACT LJ 180
AMENDMENT l
This Amendment, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the -department" and the Miami Police Department, hereinafter referred to as the `provider", amends
contract number LJ 190.
Tlus amendment renews the contract from July L 2002 through June 30, 2003 and S 158,953 is being added to pay for
services.
1. Standard Contract Section II.A., Contract Amount, is hereby modified to read:
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed 5282,173.00,
subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. Any costs of services paid for under any other contract
or from any other source are not eligible for payment under this contract.
2. Section III.A., Ending Date is modified to read.
It shall end on June 30, 2003.
3 Exhibit 1, page 15 is deleted in its entirety and replaced by Exhibit I, page 15 (Revised).
This amendment shall begin on July 1, 2002 or the date on which the amendment has been signed by both parties.
whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall be and arc hereby
changed to conform to this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in
the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their
officials thcreunto duly authorized.
PROVIDER Miami Police Department
SIGNED BY:
NAME: Carlos A. Gimenez
TITLE. City Manager
DATE: !UN 2 6 2002,
FEDERAL EID #: 59-6000375
STATE OF FLORIDA
DEPARTMENT OF CHILDREN
AND FAMILIES
SIGNED BY: Q aOrailJtr
NAME: Mike Watkins
TITLE! Director, Office of Family Safety
DATE:
12365
.1
ATTEST:
PRISCItLA A. THOMPSON
CITY CLERK
APPROVED AS SO INSURANCE
R. SUE UIXELEW
RISv M NAOEM NT
ACTING ADMMISTIATOIL
1.2365
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 13th day of August, 2002, (but effective October 1,
2002) by and between the City of Miami, a municipal corporation of the State of Florida ("City")
and Melissa Buhrmaster, an individual whose mailing address is 13241 S.W. 102 Terrace,
Miami, FL 33186 ("Provider")
RECITALS:
A. The City has been awarded a grant from the State of Florida, Department of
Children & Families, in the amount of $211,938 (the "Grant"), the purpose of the grant is to
promote efforts to hold perpetrators of domestic violence and sexual assault crimes accountable
for their actions and to provide supportive services to victims (the "Program").
B. In accordance with the provision of the Grant, the City requires Victim Advocate
services ("Services") in order to establish and implement the Program.
C. Provider possesses all necessary licenses, qualifications and expertise to perform
the Services.
D. The Commission of the City of Miami, by Ordinance No. 12269, adopted on July
25, 2002, approved the selection of Provider for the provision of the Services required under the
Program, and authorized the City Manager to execute a contract, under the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
12365
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for one (1) year, commencing on the
effective date hereof and, unless terminated in accordance with the provisions hereof, shall
continue until completion of the Services by Provider under the Program.
3. OPTION TO EXTEND: The City shall have two (2) options to extend the term
hereof for a period not to exceed one (1) year each, subject to extension of the Program and
availability and appropriation of Grant funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that Provider: (i) possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permit fees,
occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall
be, at all times during the term hereof, fully qualified and trained to perform the Services; and
(iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rate of $21.00 per hour. The compensation to be paid to the Provider under this Agreement shall
be based on the hours of service as required by the City; provided, however, that the total amount
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateservicm 2
12365
of compensation paid to all providers of Victim Advocate Services engaged by the City shall not
exceed $80,640 per year.
B. Unless otherwise specifically provided payment shall be made within forty five
(45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting
documentation and contain sufficient detail, to allow a proper audit of expenditures, should City
require one to be performed.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at his/her principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
he/she has not employed or retained any person or company employed by the City to solicit or
secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateServices 3
12365
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL, STATE
AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
comply with and observe all applicable federal, state and local laws, rules, regulations, codes and
ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
L.R:PSA-MBuhrmaster-STOPGRA,'VT-VictimAdvocateServices 4 12365
23t5
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
as provided above, for which the Provider's liability to such employee or former employee would
otherwise be limited to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation. of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. CITY'S TERMINATION RIGHTS:
LR:PSA-MBuhrtnaster-STOPGRANT-Victin AdvocateServim 5
12365
A. The City shall have the right to terminate this Agreement, by giving Provider at
least five (5) business days prior written notice, upon discontinuance or termination of the
Program, unavailability of funds under the Grant, or if the City determines, in its sole discretion,
that continuation of the Program or of Provider's services are no longer in the best interest of the
City. In such event, the City shall pay to Provider compensation for services rendered and
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the Grant or under this
Agreement. In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement.
14. INSURANCE: It is requested that the Provider be exempt from the regularly
required insurance. The Criminal Investigation Division of the City of Miami Police Department
will accept responsibility for monitoring all activities as they relate to the services rendered by
the Provider.
15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateServices 6 12385
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
17. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
MIX"I, IYA 1101 A
Melissa Buhrmaster
13241 S.W. 102 Terrace
Miami, FL 33186
c: Chief of Police and
Miami Police Department
400 N.W. 2 Avenue
Miami, FL 33128
18. MISCELLANEOUS PROVISIONS:
TO THE CITY:
City of Miami
Attention: City Manager
444 S.W. 2°d Avenue
Miami, FL 33130
City Attorney
City of Miami
444 S.W. 2°d Avenue
Suite 945
Miami, FL 33130
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
LR:PSA-MBuhrmaster-STOPGRAW-VictimAdvocateServices 7 6+� r
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
LR:PSA-MBuhrmaster-STOPGRANT-VictimAdvocateSmices 8 2 t) v
21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
23. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written
ATTEST:
"City"
CITY OF MIAMI, a municipal
corporation -
B
Priscilla ) Thompson, City Clerk s A. GimenezPAY Manager
/411 *
"Provider"
Prins Name: Melissa Buhrmaster
LR:PSA-MBuhrmaster-STOPGR&NT-VictimAdvocateServices 9
12365
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REOUIREMENT& ,
ALEJANDRO VILARL(�
City Attorney Risk Management Administrator
LR:PSA-MBuhrmaster-STOPGRe NT-VictimAdvocateServices 10
12365
ATTACHMENT "A"
SCOPE OF SERVICES
The Victim Advocates are responsible for serving victims of domestic violence and
sexual assaults.
DUTIES AS NECESSARY
• Twenty-four hour on-call scheduled crisis intervention counseling.
• Long-term supportive advocacy.
• Assistance with property return.
• Assistance in completing restitution request.
• Accompaniment to line-ups, and interviews.
• Support for victims during sexual assault examinations.
• Court escort services to and/or for court related activities such as interviews, depositions,
pretrial hearings, trials and sentencing.
• Assistance with landlords, employers or schools.
• Referral for emergency legal advocacy.
• Assistance in filing victim compensation claims (mandatory requirement).
• Information and referral.
• Providing ADT Alarm System where needed.
• Attend all required training.
• Assistance in pet removal/safety.
• Tracking repeat calls.
• Provide regular statistical reports to STOP Administrator.
12365
Line Item Budget Form
Round figures to the nearest dollar. Identify federal request/ local match by category;
not individual line item. See sample Line Item Budget on page 18. This form may be
reproduced to allow for all budgeted line items. Additional pages may be added.
Information provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
SALARY
Sergeant @ $51,363 (yr.) x .60 =
$30,818
FRINGE BENEFITS
$30,818 x .46 = $14,176
Sub -Total
S44,994
S44,994
Contractual Services:
2 Victim Advocates
(no benefits for 12 mos.)
$21 hr. x 160 hrs. mo. x 12 mos. _
540,320 ea.
TOTAL = $40,320 x 2 = 580,640
On call Overtime = $21 hr. x 250
hrs. _ $5,250 ea.
TOTAL = $5,250 x 2 = S 10,500
1 Supervisor
(no benefits for 12 mos.)
$28 hr. x 160 hrs. mo. x 12 mos. _
$53,760
On call Overtime = $28 hr. x 200
hrs. _ $5,600
Sub -Total
$150,500
$150,500
Travel & Training:
DIVERT Training:
Federal Request
airfare — 4 ppl x $500 = $2,000
hotel - 2 rms x $100 day x 5 days
_ $1,000
registration — 4 ppl x $450 =
$1,800
rental car - $60 day x 5 days =
$300
food — 4 ppl x 521 day x 5 days =
$420
Sub -Total 1
S 5,520
1
S 5,520
Building Space: I
rs
12365
Communications & Utilities:
FEDERAL REQUEST
cell phone — 1 x $55 x 12 mos. _
$660
LOCAL MATCH
telephones — 3 x $64 mo. x 12
mos. = $2,304
Sub -Total
S 660
S 2,304
S 2,964
Printing & Supplies:
FEDERAL REQUEST
office/program supplies (videos,
books, toys, subscriptions, file
cabinets, etc.) - $2,273
LOCAL MATCH
Brochures — 4,549 DV x S 1.25 ea.
_ $5,687
Sub -Total
S 2,273
S 5,687
S 7,960
Equipment:
Other:
$ -0-
Total Expenditures
5158,953
$ 52,985
$211,938
1,2365
Budget Summary Form
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel
S44,994
$ 44,994
Contractual Services
$150,500
S150,500
Travel &Training
$ 5,520
S 5,520
Building Space
$ -0-
Communications & Utilities
S 660
S 2,304
S 2,964
Printing & Supplies
S 2,273
S 5,687
S7,960
Equipment
S -0-
Other
$ -0-
Total Expenditures
$158,953
S 52,985
$211,938
NOTE: Be advised that the minimum match requirement is 25% of the Total Budget,
which calculates to 1/3 of Federal requested dollars (non-profit agencies are
exempt from match requirement).
12365
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this 29 day of August , 2002, by and between the
City of Miami, a municipal corporation of the State of Florida ("City") and Cassandra
Armstrong, an individual whose mailing address is 7850 N.W. 54th Street, Ft. Lauderdale,
Florida 33351 ("Provider").
RECITALS:
A. The City has been awarded a grant from the State of Florida, Department of
Children & Families, in the amount of $211,938 (the "Grant"), the purpose of the grant is to
promote efforts to hold perpetrators of domestic violence and sexual assault crimes accountable
for their actions and to provide supportive services to victims (the "Program")
B. In accordance with the provision of the Grant, the City requires Victim Advocate
services ("Services") in order to establish and implement the Program.
C. Provider possesses all necessary licenses, qualifications and expertise to perform
the Services.
D. The Commission of the City of Miami, by Ordinance No. 12269, adopted on July
25, 2002, approved the selection of Provider for the provision of the Services required under the
Program, and authorized the City Manager to execute a contract, under the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
12305
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for one (1) year, commencing on the
effective date hereof and, unless terminated in accordance with the provisions hereof, shall
continue until completion of the Services by Provider under the Program.
3. OPTION TO EXTEND: The City shall have two (2) options to extend the term
hereof for a period not to exceed one (1) year each, subject to extension of the Program and
availability and appropriation of Grant funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that Provider: (i) possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permit fees,
occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall
be, at all times during the term hereof, fully qualified and trained to perform the Services; and
(iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rate of $21.00 per hour. The compensation to be paid to the Provider under this Agreement shall
LR:PSA-CassandraAnnsVong-STOPGRANT-VictimAdvocateServices 2 '42365
2365
be based on the hours of service as required by the City; provided, however, that the total amount
of compensation paid to all providers of Victim Advocate Services engaged by the City shall not
exceed $80,640 per year.
B. Unless otherwise specifically provided payment shall be made within forty five
(45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting
documentation and contain sufficient detail, to allow a proper audit of expenditures, should City
require one to be performed.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at his/her principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
he/she has not employed or retained any person or company employed by the City to solicit or
LR:PSA-CassandraAtmstrong-STOPGRANT-VictimAdvocateServices 3 2 3 6 5
secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL. STATE
AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
comply with and observe all applicable federal, state and local laws, rules, regulations, codes and
ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses {including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the performance or non-performance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
LR:PSA-CassandraArmstrong-STOPGRANT-VictimAdvocateservicm4 ' 3 0" 5
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
as provided above, for which the Provider's liability to such employee or former employee would
otherwise be limited to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
LR:PSA-CassandraArmstrong-STOPGRANT-VictimAdvocateservices 5
12365
13. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, by giving Provider at
least five (5) business days prior written notice, upon discontinuance or termination of the
Program, unavailability of funds under the Grant, or if the City determines, in its sole discretion,
that continuation of the Program or of Provider's services are no longer in the best interest of the
City. In such event, the City shall pay to Provider compensation for services rendered and
expenses incurred prior to the effective date of termination. In no event shall the City be liable to
Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the Grant or under this
Agreement. In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement.
14. INSURANCE: It is requested that the Provider be exempt from the regularly
required insurance. The Criminal Investigation Division of the City of Miami Police Department
will accept responsibility for monitoring all activities as they relate to the services rendered by
the Provider.
15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
LR:PSA-CassandwArmstrong-STOPGRANT-VictimAdvocateServicm 6 6p
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
17. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
Cassandra Armstrong
7850 N.W. 54th Street
Ft. Lauderdale, FL 33351
TO THE CITY:
City of Miami
Attention: City Manager
444 S.W. 2"d Avenue
Miami, FL 33130
c: Chief of Police and City Attorney
Miami Police Department City of Miami
400 N.W. 2 Avenue 444 S.W. 2"d Avenue
Miami, FL 33128 Suite 945
Miami, FL 33130
18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
LR:PSA-CassandraArmstrong-STOPGRAM-VictimAdvocamSavim 7
12365
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
LR:PSA-CassandraArmstrong-STOPGRANT-VictimAdvocateServices 8
21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
23. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
riscilla A. Thom son, ity Cierk . Gimene City Manager
WITNES S: "Provid90 --
t ' y.
Print ame:��,,,zi,-,�r�=� Print Name: Cassandra -Armstrong
LR:PSA-CassandraArmstrong-STOPGRANT-ViMimAdvocateServices 9
3
x.295
APPROVED AS TO FORM AND
CORRECTNESS:
i
ALEJA RO VILAREL
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
��-2L-0�
Risk Management Administrator
LR:PSA-CassandraArmstrong-STOPGRANT-V ictimAdvocateSeryim10
23615
ATTACHMENT "A"
SCOPE OF SERVICES
The Victim Advocates are responsible for serving victims of domestic violence and
sexual assaults.
DUTIES AS NECESSARY
• Twenty-four hour on-call scheduled crisis intervention counseling.
• Long-term supportive advocacy.
• Assistance with property return.
• Assistance in completing restitution request.
• Accompaniment to line-ups, and interviews.
• Support for victims during sexual assault examinations.
• Court escort services to and/or for court related activities such as interviews, depositions,
pretrial hearings, trials and sentencing.
• Assistance with landlords, employers or schools.
• Referral for emergency legal advocacy.
• Assistance in filing victim compensation claims (mandatory requirement).
• Information and referral.
• Providing ADT Alarm System where needed.
• Attend all required training.
• Assistance in pet removal/safety.
• Tracking repeat calls.
• Provide regular statistical reports to STOP Administrator.
,.2365
Line Item Budget Form
Round figures to the nearest dollar. Identify federal request/ local match by category;
not individual line item. See sample Line Item Budget on page 18. This form may be
reproduced to allow for all budgeted line items. Additional pages may be added.
Information provided may be single spaced.
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel:
SALARY
Sergeant @ $51,363 (yr.) x.60 =
$30,818
FRINGE BENEFITS
$30,818 x.46 = $14,176
Sub -Total
$ 44,994
$ 44,994
Contractual Services:
2 Victim Advocates
(no benefits for 12 mos.)
$21 hr. x 160 hrs. mo. x 12 mos. _
$40,320 ea.
TOTAL = $40,320 x 2 = $80,640
On call Overtime = $21 hr. x 250
hrs. _ $5,250 ea.
TOTAL = $5,250 x 2 = 510.500
1 Supervisor
(no benefits for 12 mos.)
$28 hr. x 160 hrs. mo. x 12 mos. _
$53,760
On call Overtime = $28 hr. x 200
hrs. _ $5,600
Sub -Total
$150,500
$150,500
Travel & Training:
DIVERT Traininz:
Federal Request
airfare — 4 ppl x $500 = 52,000
hotel - 2 rms x $100 day x 5 days
_ $1,000
registration — 4 ppl x $450 =
$1, 300
rental car - $60 day x 5 days =
$300
food — 4 ppl x $21 day x 5 days =
$420
Sub -Total
$ 5,520
S 5,520
Building Space:
S -0-
12365
Communications & Utilities:
FEDERAL REOUEST
cell phone — 1 x $55 x 12 mos. _
$660
LOCAL MATCH
telephones — 3 x $64 mo. x 12
mos. = $2,304
Sub -Total
S 660
S 2,304
$ 2,964
Printing & Supplies:
FEDERAL REQUEST
office/program supplies (videos,
books, toys, subscriptions, file
cabinets, etc.) - $2,273
LOCAL MATCH
Brochures — 4,549 DV x $1.25 ea.
_ $5,687
Sub -Total
$ 2,273
$ 5,687
$ 7,960
Equipment:
Other:
$
Total Expenditures
$158,953
$ 52,985
$211,938
4 4)"_108
Budget Summary Form
Budget Line Item
Federal
Local
Total Budget
Request
Match
Personnel
$ 44,994
$ 44,994
Contractual Services
$150,500
$150,500
Travel & Training
$ 5,520
S 5,520
Building Space
$ -0-
Communications & Utilities
$ 660
$ 2,304
$ 2,964
Printing & Supplies
$ 2,273
$ 5,687
$ 7,960
Equipment
$ -0-
Other
S -0-
Total Expenditures
$158,953
$ 52,985
$211,938
NOTE: Be advised that the minimum match requirement is 25% of the Total Budget,
which calculates to 1/3 of Federal requested dollars (non-profit agencies are
exempt from match requirement).
12365