HomeMy WebLinkAboutO-12399J-63-721
8/14/03
E;
ORDINANCE NO. 2 3 It)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SCHOOL BOARD OF MIAMI-DADE
COUNTY SUMMER READING PROGRAM" AND
APPROPRIATING FUNDS, IN THE AMOUNT OF
$316,965, PROVIDED TO THE CITY OF MIAMI
("CITY") BY THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, PURSUANT TO RESOLUTION NO. 03-734, TO
FUND THE ASSIGNMENT OF TWENTY-SIX (26)
TEACHERS AT CITY PARKS TO ENHANCE THE READING
SKILLS OF CHILDREN ATTENDING SUMMER CAMP IN
CITY PARKS; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Resolution No. 03-734, adopted June 25, 2003,
authorized the City Manager to accept funds, in the amount of
$316,965, from the School Board of Miami -Dade County to cover
costs associated with the assignment of twenty-six (26) teachers
at City parks to provide reading instructions to children
attending City's summer camp programs;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
12399
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The following new Special Revenue Fund to
fund a special summer reading activities program to enhance the
reading skills of students attending summer camp in City of Miami
Parks is established and resources are appropriated as described
below:
FUND TITLE: School Board of Miami -Dade
County Summer Reading Program
RESOURCES: School Board of
Miami -Dade County $316,965
APPROPRIATION: $316,965
Section 3. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 4. If any section, part of a section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 5. 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
Page 2 of 3
123y19
supplies, and to generally carry on the functions and duties of
municipal affairs.
Section 6. The requirements of reading this Ordinance on
two separate days is dispensed with an affirmative vote of not
less than (4/5th,) four-fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED BY TITLE ONLY this filth
September, 2003.
ATTEST:
PRISCILLA
Xk fYV I LARELLO
ATTORNEY
516:tr:AS:BSS
CITY CLERK
AND CORRECTNESS?
day of
/ I
•,�L A. DIAZ, MAYOR
1� This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is
later.
Page 3 of 3 12399
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Ma and Me rs
TO: DATE:
o he Cit Commissio
�R SUBJECT:
v � ,
J e rriola
FROM: C le Administrator/ REFERENCES:
Ci Manager ENCLOSURES:
RECOMMENDATION:
15 A
FILE
Emergency Ordinance
Accepting Funds
from School Board of
Miami -Dade County
for a Summer Reading
Program in City Parks
It is respectfully recommended that the City Commission
adopt the attached emergency ordinance creating a new
special revenue fund and appropriating funds in the amount
of $316,965, provided by the School Board of Miami -Dade
County for the purpose of funding a special summer
enhancement reading program to augment the reading skills of
the school students attending summer camp in the City's
Parks, and authorizing the City Manager to enter into
agreement with the School Board of Miami -Dade County, in a
form acceptable to the City Attorney.
BACKGROUND:
The Department of Parks and Recreation has received funding
in the amount of $316,965 from the School Board of Miami -
Dade County to pay for teachers that have been placed in
twenty-six (26) City parks who will be providing reading
instructions to children attending the City's summer camps
throughout the summer vacation time. Approval of the
attached ordinance allows the City to receive the funding
from the School Board that was specifically designated to
pay for the services provided by the teachers participating
in the program from July to August 15, 2003.
FISCAL IMPACT: NO (DONATION)
JA/JC/SCC/sb
A
12399
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Please sign on marked areas and return in the
attached envelope as soy,,-.) as possible.
Thank vou.
12399
CITY OFMIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Joe Arriola
City Managei's Office
-i
FROI:: OIQa Ramirez-Seijas, Assistant City Attorney (tea
DATE: July 1, 2003
RE: Aareement/School Board of Miami -Dade County, Florida
File: K - 0300=185
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and. correctness. Once this agreement ha- been full.v executed,
please forward a copy of the fully executed agreement to our office so that we ma% close
our file.
If you have any further questions. please feel free to contact me at 416-1800.
Enclosure(s)
WHEN I:ETURNING FOI2 FURTHER
R'- AE-vti', PLEASE IDENTFY AS
K - 0300485
1.239
MEMORANDUM June 27, 2003
TO: Mr. Joe Arriola, City Manager ,
City of Miami
FROM: Mercedes Toural, Chief Education Officer and
Deputy Superint^ndent of Schools
SUBJECT: COMPLIANCE GUIDELINES WITH THE IMPLEMENTATION OF THE
SUMMER ENHANCEMENT READING ACTIVITIES
Following are the guidelines that must be adhered to in order to be in compliance with
the contractual agr cme,nt cffectuute'd with Miami -Dade County Public Schools (M-
DCPS) regarding the summer enhancement reading activities. Please be aware that
the following documentation must be presented to support the rationale for payment.
1. Provide M-DCPS with a one-time roster of the teachers that are providing the
reading activities; please include the M-DCPS employee number. This
information meds to be provided ONL`. at the commencement of the services.
2. Maintain a uauy attendance roster students enrolled in I ie summer
enhancement reading activities. This information needs to be provided
WEEKLY.
Please submit the aforesaid documentation to:
Mr-. Beatriz Zarraluqui, Distri,t Director
Schon! Choice and Parental Options
1450 N -,d .Avenue, Room 92-1
Miami, Florida 33132
If you have any questions, please contact Mrs. Zarra uqui, at (305) 995-4695.
MT: mja
M1632
cc: Mr. Merrett K r'+ierheim
Mrs. Beatriz Zarraluqu.
Mr. Joe Arriola, City Ma ager
City of Mi, ,'
12399
4 rrs�
10hamr0ada County Public Schools
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
TRANSMITTAL FOR AGREEMENT FORM FOR CONTRACTED SERVICES
TO: SUPERINTENDENT OF SCHOOLS
VIA: School Board Attorney
FROM: Mercedes Toural, Chief Education Officer & Deputy Supt. of School
Originator of RPquest/Title (Name Typed)
Education
Location Name
Region Superintendent/Division Head (Name Typed)
Bureau of Grants A .. aiistration (If Applicable, t. Id Typed)
Date
9702
Location Number
Date
Date
LEGAL REQ -%V AND APPROVAL OF -REEMENT FORM FOR CC 'TRACTED
J
SERVICES
The attached Agreement Form for Contracted Services is submitted for approval. Funds are
avai':ihle as indicated on the attached Purchase Order, Number 802088792
This agreement is contingent on the continuation of adequate funding in the Agency's General
Fund Budget as adopted after adjustments resulting from the 2002-2003 legislative session dealing
with state reve ._. shortfall.
"Iease sign both copies o `he Agreement and returt. ` -)th copies to the original for further
Attachments: Agreement worms (two original copies)
Purchase Orc:_: Accounts Payable Copy
i P:? ?452 Rev. (12-02)
12399
THE SCHOOL BOARD OF MIAMI DADS CC:;�ITY, FLORIDA
�—
.Miami -Dace County AGREEMENT FORM FOR CONTRACTED SERVICES
Pub6� Schools
THIS AGREEMENT, entered into this 24 day of June , 2003 , by and between
The School Board of Miami -Dade County, Florida, hereinafter referred to as the 'AGENCY', and
City of Miao-ii hereinafter referred to as the 'CONTRACTOR', is as follows:
(Name of Contracting Party/Organization)
1.. SCOPE OF WnRK
The Contractor shall, in a satisfactory and proper manner as determined by the Agency, perfo,m the
following:
Nature of Contracted Services: The 'contractor' shall provide summer enhancement reading activities as
specified in the plan submitted to the 'Agency" and approved by the School Board of Miami -Dade County,
Florida, at its Board meeting of June 18, 2003.
Anticipated Outcome of Contracted Services: Provide a minimum of 1,921 Miaint-Dade County Public
School students with she opportunity of augmenting their reading skills through the enhancement of summer
reading activities.
Location of Contracted Service: Various sites of the City of Miami Parks and Recreation Department
Dates)/Hours o --,vice: July 1, 2003 through Nugust 15, 2003. One (1) hour wily Jive (5) days a week.
2. TERM OF A'CREEMENT
C The Contractor shall commence performance of the Agreement on the day or
July 2003 , and shall comp;.,te performance to the satisfac, nn of the Agency no
l
Laf �v ter than the 151 day of AU , 2003 . The reserves the
right to terminate this Agreement without cause by giving thit ry days written notice to the Cc ,tractor
3. COMPENSATION
The Agency shall, upon completion of services by the Contractor, compensate the Contractor in the amount of
$ 316,965.00, which shall constitute the amount due under this contract. Contracts exceeding
,-,1 0,000 equire School Boa.., anproval. The Contractor ac,, qs to assume responsibility f, - all per diem and
travel c: menses, unless authorization c incur such expenses is gran --d by the Agency in a6vanc� ` the
expenditu: being incurred. The Contras ^ shall be reimbursed for suc moroved expenditures as pro. -'ed
by Florida S: S ^ction • 9 12.061 and Bo. S(-ix1 3- 4C-1 .07.
4. PAYMENT SCHEDULE
Payri. -it will be generated by the Hu -)cy's Accounts Payable Dupo dent within 45 days after uuetion of
services. Payment will be made as indicated below:
❑ one lump; nayment in the amount of _ upon compof services
rn , ...,....,i _ tk..,.,., , of c 1 5; !R? 50 Par.h
Page 1 of 3
FM '1'�-03i
_�00OF*I
5 REGULATIONS & ORJINAN(,cS
The Contractor shall comply with all applicable laws, ordinances, codes, rules s^d regulations of federal, state
and local governments being licensed, if required, for performance of any work uncle.; this Agreement.
6. ENTIRE AGREEMENT
It is understood and agreed that this Agreement contains the complete understanding and agreement of the
parties. No stipulation, agreement of understanding shall be valid or enforceable unless contained in this
Agreement. No representations or statements made by any employees, agents or representat'ves of eirher
party shall be binding on either party as a warranty or otherwise, except as expressly sPt forth ii:rein.
r
.......
�. �E,IMNGL:, :'f
This Agreement shall be governed by, and 7onstrued in accordance with the laws of the State of
8. HOLD HARMLESS
any claim, action, loss, dam , :.^.;� liability t or expo se of wh ever in r nat g, but
not by way o *.attiion attorneys' es a co yr� costs a ' of c o persons including
death, or da a to �.a proper ari mut of in ' the pe orma ce of this contract
(including goods ncl s vi s provided hereto hal of the Contra for ether or not due to or
caused in part by negli cu pa b ' the indemnitee, exc uding only the sole negligence or
culpability of th or. The TuJuwirrg aiiaii be deemed to be indemnitees: the School Board of
r�1A EN -7--
9. TERMINATION AND SUSPENSION
The Agency may .., uiriate this Agreement upon, days advance written no; the Contractor, for
default of Contractor, or due to lack of, or cancellation oi, grant funds made available tc Agency by a
Federal grantor agency. Upon receipt of a notice of termination, the Contractor shall cease incurring
additic:-.?, obligations under this Agreement. Hcwever, the Agency sha'I allow the Contractor to incur all
necessary and proper costs which the Contractor cannot reasonably ay.,id during the termination process,.
J. DEFAULT
If the Contractor fa—, to fulfi!I or comply with any ..` the terms or conditions of thr, Agreement, in whole or
in pa -t, the Agency may place the Contractor in default status; and take any one of the following actions:
Suspend activities ur. the Agreement, upon 15 c —s advance written notice by -ti- Agency
and withhold further payments, except for those ussary and proper costs the
Contractor cannot reasonably avoid during the period of suspension.
b) Terminate -`,e Agreement for use, in whole nr in part, upon 15 days advar.,:e written no -ice from
the Agency.
Page 2 of 3 FM -2453 h iU:i-C-
12399
i
c) Terminate the Agreement for cause, in whole or in part, imn-ieudiazely affective upon notice, f
whenever the Agency determins's that the Cnntractor has feopardized the safety and welfare of
the agency or the public or whenever the fiscal integrity of the Agreement has been
compromised.
d) Invoke any other remedy or remedies that may be legally available.
11. EQUAL EMPLOYMENT OPPORTUNITY
Contractors awarded contracts involving FCucrdl F ui,ua i Of $1 —uGt bC ;n __:'lplianca w!th
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"as amended by
Executive Order 11375 of October 13, 1967.
12. ACCESS TO RECORDS
The Contractor shall keep records to show its comp.,3nce with program requiremen s. Contractors and
subcontractors must make available, upon request of the Agency, a Federal grantor agency, the Comptroller
General of the United States, or any of their .duly authorized representatives, any books, documents,
^appers and re^,ords of the Contractor which are directly pertinent to this specific agreement for the purpose
of making audit, examination, excerpts, and transcriptions. The Contractor shall retain all records for three
(3) years after final payment is made or received and ;-I' ;pending matters are completed,
APPROVED AS TO FOW
mey - Signavure
ITTED BY: ( /
Charge LocatroYVAbministratcr - Sig
i
I
ACCESS Superintendent/Division Head - Signature
Office of Grants Administration (if applicable)
*TOTE: Signature of Assistant Superintendent for the
G i.` ce of lntergovemmental Affai, c and Grants
Adr. '-oration required ONLY for cont. -s financed
from t d Programs Funds Wart 1%
APPROVE 9URQUIR1ME S
.l1'
10
-Ine Ericson, AdminisL. '
,' Lupartu.. t of Risk Managuurent
MI I-DADE COU PUBLIC SCHOOLS
8Y: �i � _ azure
(Superintendent of Schoois or Designee)`
Mr. Merrett R. Stierheim, Superintendent of Schools
(Name T ype:i)
V:=NDOR/CON TRACTOR
BY -
Signature
Mr. Joe Arriola City Manager
(Name Typed) (Title)
Address: 3500 Pan American Drive
Miami, Florida 33133
-,ciel Security No. (If iridividu,:
F.E.I.N. W :irganization) — --
School Boar �_mpioyee: Yes ❑ No �J
M-DCPS Emp '!•^
A""ROVED
By:
CORRECTNESS:
cello, City Atto,y
/L
' '1453 Rev. (03-03)
MIAW-DADE COUNTY (PUBLIC SCHOOLS
INDEMNIFICATION
The School Board of Miami -Dade County does hereby agree to hold harmless and indemnify
the City of Miami to the extent of limitations included within Florida Statutes, Section 768.28,
subject to the provisions in this act whereby the School Board shaii not be held liable to pay a
personal injury claim or property damage claim or judgement by any one person which
exceeds the sum of $100,000, or any claim or judgements or portions thereof, which, v!hen
totaled with all other claims or judgements paid by the School Board arising out of the same
incident or occurrence, exceeds the sum of $200,000 from any and all personal injury or
property claims, liabilities, losses and causes of actions arising out or incidental to the
negligent performance of this Agreement. However, nothing herein shaii be deemed to
indemnify the City of Miami from any liability or claim arising out of the negligent performance
or failure of performance of the City of Miami or as a result of the negligence of any unrelated
third party.
The City of Miami does hereby agree to hold harmless and indemnity -rhe Schooi Board of
Miami -Dade County she extent of limitations included within Florida Statutes, Section 768.28,
subject to the provisions in this act whereby the City of Miami shall not be held liable to pay a
personal injury claim or property damage claim or judgement by any one person which
exceeds the sum of $100,000, or an, claim o; judgements or portions thereof, which, when
totaled —ith all other claims or juc'rjernents paid by the City o` Miarni arising out of the same
incident _ )';currence, exceeds t s.arr of $2,30,000 from -.-,y and all personal injL. or
property claims, liabilities, losses and .;auses of actions arising ear_ or incidental to the
negligent performance o` ti~is Agreement. H,, ,veve.r, nothing herein shall be deemed to
indemnify the School Board of Miami -Dade Couml/ fron-, any liability or claim arising out of the
negligent performance or failure of pei-forrna!76 of The e.cnool Board of Miami -Dade County
or as re_:ult Of the negliger,ce cf ur,re'ate bird party, �
Bi:�-�-
(&iperintehdent of Schcols or Designee)
oignature
_Ms. Mercedes Toural.Ch f Education Officer & Deputy Supt. of Schools
APPROVED AS TO FORM (Name Typed)
CON TRAC-TOR
ATTOR VOR BOVENDC
ARD - --
By..---
----- -- -- Sicnature — -----
Name: Mr. Joe Arriola _ City Manager
(Name Typed) (Title)
ldress, 3500 Pan A erican Drive
-_ Miami. FL. 23133
THE SCHOOL BOARD OF MIAMI DADE COUNTY, FLORIDA
Mlem�Dade County Pubic Schocis
qmr our mWerts'Ae wcrfd
PAYMENT REQUEST FOR CONTRACTED SERVICES
(This form to be used in lieu of an original approved invoice.)
TO: THE SCHOOL BOARD OF MIAMI -DARE COUNTY, FLORIDA, ACCOUNTS PAYABLE DEPARTMENT
FROM: Mercedes Toural, Chief Education Officer & Deputy Supt. of Schools
Originator of RequestMtle (Name Typed)
Education 9702
Location Name Location Number
I certify that services have been rendered on July :5, 2003 and
the following amount is due and payable to the Contractor in accordance with the Agreement duly
executed on the 24th ria%l of r,_re 2003
Purchase Order Number R02088792
Tota! Amount Due (Lump sum payment) $
Or
Partial Payment # in the amount of $ 158,482.50
REQUIRED PAYMENT DOCUMENTATION:
0 1 - original Agreement Form --- Contracted Services (FM -_"53) must be submitted witi ,"
lump sum and first partial payments (Note that subsequent partial payments require a copy
of the Agreement form); and
0 a signed and dated copy of the Accounts Payable Purchase Order; and
0
original approved invoice or this Payment Request For Contracted Services form (FYI -2454).
Signature- - _51`
J
Signature �_/
Originator of Reques'
nate
Date
FM -2454 Rev. k
_ 3�
Q�
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
4ism 4)*cW County Pubic Schools
giviM our students !Me'.vorlC
PAYMENT REQUEST FOR CONTFACTED SERVICES
(This form to be used in lieu of an original approved invoice.)
TO: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, ACCOUNTS PAYABLE DEPARTMENT
FROM: Mercedes Toural, Chief Education Officer & Deputy Supt. of Schools
Originator of Request/Title (Name Typed)
Education 9702
Location Name Location Number
I certify th-qt services have been rendered on August 16, 2003 and
the following amount is due and payable to the Contractor in accordance with the Agreement duly
Pxert ited on the 24Th day of June r 2003
Purchase Order Number R02088792
Total Amount Due (Lump sum payment) $
Or
Partial "ayr-ent # 2 in the amount of $ 158,482.50
i REQUIRED Pr\ TIENT DOCUMENTATION:
i
I
The original Agree, --i' Form for Contracted Se '—z (FM -2453) must be sub. -;!ted with all
i;:mp sum and first partial payments (Note that suusequent partial payments re�;..ire a copy
of the Agreement form); and
0 a signed and dated copy of the Accounts Payable Purchase Order; and
0 original approved invoice or this Payment Request For Contracted Services form (Ftvl-2454),
Signature
Signature
ontrac/
Ori i,IaLor of Request
Date
Fh -,, RAv. (07-99)
12399
Miami -Dade Count,/ Aube -,C SCW>c
TO:
VIA:
FROM:
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
TRANSMITTAL FOR AGREEMENT FORM FOR CONTRACTED SERVICES
SUPERINTENDENT OF SCHOOLS
School Board Attorney
Mercedes Toural, Chief Education Officer & Deputy Supt. of School
Originator of Request/Title (Name Typed}
Education
Location Name
Region Superintendent/Division Head (Name Typed)
Bureau of Grants -!ministration (If Applicable, ''-me Typed)
Date
9702
Loca6on ,•:umber
Date
Date
SUBJECT: LEGAL R7VIEW AND APPROVAL OF AGREEMENT FORM FOR CONTRACTED
SERVICES
The attached Agreement Form for Contracted Services is submitted for approval. Funds are
available as indicated on the attached Purchase Order, Number R02088792
This agreement is contingent on the continuation of adequate funding in the Agency's General
Fund Budget as adopted after adjustments resulting from the 2002-2003 legislative session dealing
with state re.. nue shortfall.
Please sign both copies ` the Agreement and retu:.� both copies to the origin. 'nr for further
---essing.
Attachments: Agreement Forms (two original copies)
Purchase C, der - Accounts Payable Cop;
FM -2452 Rev. (12-02)
Wiaci-Dade Count
Public scnocls
THE SL;HOOL BOARD Or MIAMI-DADE COUNTY, rLORIDA
AGREEMENT FORM FOR CONTRACTED SERVICES
THIS AGREEMENT, entered into this 24 day of Jur. , 2003 , by and between
The School Board of Miami -Dade County, Florida, hereinafter referred to as the 'AGENCY', and
City of Miami , hereinafter referred to as the 'CONTRACTOR', is as follows:
(Name of Contracting Party/Organization)
j
1. SCOPE OF WORK
i
The Contractor shall, in a satisfactory and proper manner as determined by the Agency, pertorm the
following:
Nature of Contracted Services: The 'contractor' shall provide summer enhancement reading activities as
specified in the plan submitted to the 'Agency" and approved by the School Board of Miami -Dade County,
Florida, at its Board meeting of June 18, 2003.
Anticipated Outcome of Contracted SCI vice. Provide w minimum of 1,92' Miami -Dade County 11�.]blic
School students with the opportunity of augmenting their reading skills through the enhancement of summer
reading activities.
Location of Contracted Service: Various sites of the City of Miami Parks and Recreation Department
Date(s)Wours of Service: July 1, 2003 t' -rough August 15, 2003. One our daily fi_e (5) days a,,N ck.
2. TERM OF AGREEMENT
The Co -:tor shall commence perforu • -e of the Agreement on tF�e ISt _ —_ ' of
July 1 2003_, and sh;," complete performance to the : >.isfaction of the Ag:nc no
later than the _ 15th day of August — 2003 . The Agency reserves the
fight to terminate tnis ^ -,,nt without cause by gig rry days written notice to )ntractor.
3. COMPENSATION
i
The Agency shall, upon completion of services by the Contractor, compensa�a the Contractor in the amount
$ _ 316,965.00, which shall constitute the amount due under this contract. Contracts exceeding
$10,000 require School Eoard approval. The Contractor agrees to assume responsibility for all per diem and
travel expenses, unless _-,horiza*ion to incur such e, uses is granted by the Age, in advance of the
ex; Iditures being incurred. The )ntractor shad be reimbursed r such approved expenditures s provided
by FIS ')tatute Section •412.061 Roard Rule 6Cx13- 4C-1.0-.
4. PAYMENT SCHEDULE
Payment will be generated the Agency's Accounts Pay_ Department within 45 days *er completion of
-vices. Payment will be made , , indicated below:
❑ oi. I.Imp sum payment in the amc -,t of $ upo -ompletion of services
2 _ partia , yments in the amount of $ 158,482.50 each
Page -
"145:3 Rev. (03-03)
1.2384
5. REGULATIONS & ORDINANCtS
The Contractor shall comply with all applicable laws, ordinances, codes, rules and regulations of federal, state
and local governments being licensed, if required, for performance of any work under this Agreement.
6. ENTIRE AGREEMENT
It is understood and agreed that this Agreement contains the complete understanding and agreement of the
parties. No stipulation, agreement of understanding shall be valid or enforceable unless contained in this
Agreement. No representations or statements made by any employees, agents or representatives of either
party shall be binding on either party as a warranty or otherwise, except a- expressly set forth herein.
a - - - — .ddL- -
7. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with the laws of the State
8. HOLD HARMLESS
any claim, action, loss, damage, Injury, liabi ty, cost kr, expense of whatsoever kind or n , but
not by way of Igimitati a me s' des a irt�t sts_ arising out of fury to persons including
death, or damage to a, e r r an out or a to the performance of t!.is contract
(including goods and servico-. prov de her on behalf of the Contractor, whether e- not due to or
caused in part by the negli a er culpability of the indemnitee, excluding only the sole negligence or
cu!p:!hi!it;' of *h_ :.,_ m^?tor. The follor;ing shall be i-I—mad to he indemnitees: the School Board of
S c c /+ \'-'r G I•+ M t 'k)
9. TERMINATION AND SUSPENSION
The Agency t.,irminate this Agreemen .. 30 days advance writ -o- —+ice to the Contractor, fo
default of Contractor, or due to lack of, or cancellation of, grant funds made avail,:hle to Agency by a
Federal grantor agency. Upon receipt of a notice of termination, the Contractor shall cease incurring
additional obligations under this Agreement. However, the Agency shall allow the Contracto to incur all
nus;: 'nary and proper costs which the Contractor cannot reasonab'; avoid during the tegmina -ion process.
10. DEFAULT
If the Contrz1_')r fails to fulfil' or comply wit; -nv of t;ie terms or conditiocs f the Agreemant; in whole or
in part, the Agency may plane the Contractor in default status and take any one of the ` -,!lowine actions:
a) Suspend activit. �q under the Agreement, upor, i 5 days advance written noti, '.v the Agency
and withhold fL, payments, except for 11 ru:cessary and proper c .:hich the
Contractor cannot reasonabiv avoid during the period of suspension.
b) Terminate the Agreement for use, in whole or in part, upon 15 days advance written notice from
the Agency.
Page 2 of 3 FM -24 . Hcv. 3'
12399
c) Terminate the Agreement for cause, i ; whole or in part, immediately effective upon notice,
whenever the Agency determines that the Contractor has jeopardized the safety and welfare of
the agency or the public or whenever the fiscal integrity of the Agreement has been
compromised.
d) Invoke any other remedy or remedies that may be legally available.
11. EQUAL EMPLOYMENT OPPORTUNITY
Contractors is :`.r=ts ;. ,c!vi.ng Fedcrl Funds :.^. excess oT $10,0010 ^?'_'.st he in compliance with
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"as amended by
Executive Order 11375 cf October 13, 1967.
12. ACCESS TO RECORDS
The Contractor shall keep records to show its compliant-- with program requirements. Contractors and
subcontractors must make available, upon request of th,: Agency, a Federal grartor agency, the Comptroller
General of the United States, or any of their duly authorized representatives, any books, documents,
papers, and records of the Contractor which are directly pertinent to this specific agreement for the purpose
of making audit, examination, excerpts, and transcriptions. The Contractor sha!! retain all record-, for three
(3) years after final payme it !s made or received and all pending matters are completed.
APPROVED AS TO Fc "4
School Board Atto ey - Signature
J
MITTED BY:
Charge o t oniAdministrator - Si nature
i
/
ACCESS Superintendent/Division Head - Signature
Office of Grants Administration (if applicable)
NOTE: Signature of t.: ;,cant Superintendent for the
Office of Intergovernmental ~.'fairs and Grants
'-ministration required ONLY for c, itracts financed
f, mcted Programs Funds (Pa. + -
I�lAMI-DADE COU Y PUBLIC SCHOOLS
� I
Y
'^nature
( uperi tendent of Sch,_)ols or Designee)
Mr. Merrett R. Stierheim, Superintendent of Schools
E (Name Typed)
VENDOR/CONTRACTOR
BY: ---
Signature
"-me: Mr. Joe Arriola Citv Manager
(Name Typed)
Address: 3500 P:'n American Drive
i Miami, Florida 33133
APPROVED Ic UIREMENTS:
By: I .f
')i_ane Ericson, Admini: r--atoga
Depac •,ent of Risk Manabeme��
Social Security No. (If indivic: -!O
F.E.I.k 'If organization)
School L, •d Employee: Yes ❑ No G
M-DCPS L. No. _
(Title)
APPROVED AS F COR S:
By:
e rello, City At. r-rney,
aye 3 2453 Rev. (03-03)
I�090
MIAMI -DADS COUNTY PUBLIC SCHOOLS
INDEMNIFICATION
The School Board of Miami -Dade County does hereby agree to hold harmless and indemnify
the City of Miami to the extent of limitations included within Florida Statutes, Section 768.28,
subject to the provisions in this act whereby the School Board shall not be held liable to tray a
personal injury claim or property damage claim or judgement by any one person which
exceeds the sum of $100,000, or any claim or judgements or portions thereof, which. when
totaled with all other claims or judgements paid by the Sc hoot Board arising uui of t. rc sd,,,c
incident or occur-ence, exceeds the sum of $200,000 from any and all personal injury or
property claims, liabilities, losses and causes of actions arising out or incidental to the
negligent performance of this Agreement. However, nothing herein shall be deemed to
indemnify the City of Miami from any iiability or claim arising out of the negligent performance
or failure of performance of the City of Miami or as a result of the negligence of any unrelated
third party.
The City of Miami does hereby agree to hold harmless and indemnify The School Board of
Miami -Dade County the extent of limitations included within Florida Statutes, Section 7138.28,
subject to the provisions in this act whereby the City of Miami shall not be held liable to pay a
personal injury claim or property damage claim or judgement by any one person which
exceeds the sum of $100,000, or any claim or judgements or portions thereof, which, when
totaled with all other claims or ;!jdgements paid by the City of Miami arising out of the same
incide, occurrence, exceed_ sum of $200,000 fr( ?ny and all personal v or
property claims, liabilities, losses and cruses of actions arising out or incidental to the
negligent performance of this Agreement. However, nothing herein shall be deemed to
indernnify the School board of Miami -Dade County from any liability or claim ai ising out of the
negligent performance or failure of performance of The School Board of Miami -Dade County
or a:.; result of the negligence o; any unrelatedthud party.
/
Ms. Mercedes
APPROVED AS TO FORM
ATTOh. '?:Y FOR BOARD
u
BY:
(Superintendent of Schools or Designee)
ral, Chief Lcation Officer & Deputy Supt of Schools
(Name Typed)
VENDOR/CONTR, CTOR
i
Signature
Approved :t;w- r Form Name: Mr. Joe Arriola City Manaaer
and Cor. rbc t_lss :
Z/ (Name Typed) (Title)
/
By . `1.1
e ndro vilarel u
. � Address: 3500 Pari merican Drive
t. Attorney .
Miami, FL 3� 133
ItIoroy
\
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
Nivn-0sds County Pubic Schools
4n^n9 our rrtLderds .'he .roAd
PAYMENT REQUEST FOR CONTRACTED SERVICES
(This form to be used in lieu of an original approved invoice.)
TO: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORWA, ACCOUNTS PAYABLE DEPARTMENT
FROM: iviercedes 1 ourai, unief Education Officer & Deputy Supt. ui Swliuuia
Originator of Request/Title (Name Typed)
Education _ 9702
Location Name Location Number
I certify that services have been rendered on July 15, 2003 and
the follovving amount is due and payable to the Contractor in accordance with the Agreement duly
executed on the 24th day of June 2003
Purchase Order Number R02088792
Total Amount Due (Lump sum payment) $
Or
Partial Payment # I in the amount ur $
REQUIRED PAYMENT DOCUMENTATION:
15x,482.50
The original Agreement F, -m for Contracted Services ( M11-2453) must be submitted , pith all
pump sum and first partial p_yments (Note that subseque pa, Jla! payments require a
of the Agreement form); and
o a signed and dated copy of the Accounts Payable Purchase Order; and
t, original approved invoice or this Pent Request For Contracted Services form (FM -2454).
Signature \�
C orf actor Date
I
Signature
O oto, . ;?enauest Date
FM -2454 if '07-99)
12391
THE SCHOOL BOARD OF MIAMI -DARE COUNTY, rLiRiCiA
Ywm-0ode County Puh6c Schools
givmo our 3 dCWS .`he *I:dd
PAYMENT REQUEST FOR CONTRACTED SERVICES
(This form to be used in lieu of an criginal approved invoice.)
TO: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, ACCOUNTS PAYABLE DEPARTMENT
FROM. Mercedes Toural, (-t iet taucation urricer & Deputy Supt, of Schoois
Originator of Request/Title (Name Typed)
Education 9702
Location Name Location Number
I certify that services have been rendered on August 16, 2003 and
the following amount is due and payable to the Contractor in accordance with the Agreement duly
executed on the 24th_ __ day of June , 2003
Purchase Order Number R02088792
Total Amount Due (Lump sum payment) $
N
Partial Payment # 2 in the amount oi $ 156,4Q2.50
REQUIRED PAYMENT, r)OCUMENTATION:
Th . original Agreement Fo for Contracted Services (F" '-2453) must be submitted with all
ump sum and first partial p�, rents (Note that subsequei:_ i'a<<ial payments require a C_py
of the Agreement form); and
o a signed and dated copy of the Accounts Payable Purchase Order; and
* original approved invoice or this Payment Request For Contracted Services form (FM -2454).
Signature
Signature
e
r
Originator ,agljest
Date
Date
FM -2454 n 117-99)
123) 99,
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
A. FIRST READING ORDINANCE - (J-03-088)
AMENDING CHAPTER 2/ARTICLE XUDIVISIONS 2, 3
AND 16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND
REVIEW OF BOARDS GENERALLY, INTERNATIONAL
TRADE BOARD AND SISTER CITIES COORDINATING
COUNCIL" TO ABOLISH THE EXISTING
INTERNATIONAL TRADE BOARD AND THE SISTER
CITIES COORDINATING COUNCIL, AND SUBSTITUTE
IN LIEU THEREOF NEW DIVISION 3, ENTITLED "THE
MAYOR'S INTERNATIONAL COUNCIL", TO SET FORTH
THE COUNCIL'S PURPOSE, POWERS, AND DUTIES,
AND PROVIDE FOR GOVERNING BODY,
COMPOSITION AND APPOINTMENTS, TERMS OF
OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY
REQUIREMENTS; OFFICERS; OATH; QUORUM AND
VOTING; MEETINGS; ATTENDANCE REQUIREMENTS;
INDEMNIFICATION; APPOINTMENT OF AN EXECUTIVE
DIRECTOR, TERM, QUALIFICATIONS,
COMPENSATION, GENERAL POWERS AND
RESPONSIBILITIES; EMPLOYMENT OF ASSISTANTS,
COUNSEL; APPROVAL OF BUDGET; ANNUAL REPORT
AND AUDIT; ABOLITION OF COUNCIL; AND PROVIDING
FOR SUNSET REVIEW; MORE PARTICULARLY BY
AMENDING SECTIONS 2-887 AND 2-892; REPEALING
DIVISION 3, CONSISTING OF SECTIONS 2-921
THROUGH 2-930 AND DIVISION 16, CONSISTING OF
SECTIONS 2-1231 THROUGH 2-1238 IN THEIR
ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF
NEW DIVISION 3, CONSISTING OF SECTIONS 2-921
THROUGH 2-930 TO SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
B. DISCUSSION CONCERNING AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH MIAMI-
DADE COUNTY PUBLIC SCHOOL SYSTEM TO ACCEPT
$316,965 FOR SUMMER READING PROGRAMS.
PAGE 9
JUNE 25, 2003
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