HomeMy WebLinkAboutR-01-1318J-01-1043
12/13/01
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RESOLUTION NO. 01-1318
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE FOUNDATION OF COMMUNITY
ASSISTANCE AND LEADERSHIP, INC. FOR THE
PROVISION OF AFTER-SCHOOL TUTORIAL, COUNSELING
AND COMPUTER EDUCATIONAL SERVICES AT THE CITY
OF MIAMI'S MOORE PARK, IN AN AMOUNT NOT TO
EXCEED $115,452; ALLOCATING FUNDS FROM THE
DEPARTMENT OF PARKS AND RECREATION, SPECIAL
REVENUE FUND, PARKS AND RECREATION SERVICES
CONSOLIDATED ACCOUNT; REQUESTING THE COMMUNITY
TECHNOLOGY ADVISORY BOARD TO REVIEW THIS
PROGRAM AFTER 180 DAYS OF ITS IMPLEMENTATION TO
DETERMINE THE PROGRAM'S TEACHING EFFECTIVENESS
AND TO REPORT THE BOARD'S FINDINGS TO THE CITY
COMMISSION WITHIN SIXTY DAYS OF THE REVIEW;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICIALS.
WHEREAS, the Foundation of Community Assistance and
Leadership, Inc. ("FOCAL") is a non -for --profit 501 (c) (3)
organization whose mission is to provide educational, vocational,
and structured academic and social services to individuals and
families of predominately low income communities; and
WHEREAS, FOCAL addresses the need for after school, youth
development, and learning programs primarily for under -served
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CITY CO-VINISSION
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DEC 1 '1 2001
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youth who lack academic success, scholastic excellence, and
preparation for productive adulthood; and
WHEREAS, "FOCAL," will provide youth development programs in
the form of after-school tutorial, counseling ad computer
educational services for no less than one hundred at -risk youth
participants at the City of Miami's Moore Park; and
WHEREAS, it is necessary to authorize the execution of an
agreement with FOCAL and to allocate funds for the implementation
of services for the period of October 1, 2001 to September 30,
2002; and
WHEREAS, the City Commission has expressed its desire to
have the Community Technology Advisory Board review this Program
after_ 180 days of its implementation to determine the Program's
teaching effectiveness and to report its findings to the City
Commission within sixty days of the review;
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 Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Page 2 of 4
Section 2. The City Manager is authorized3-1 to execute
an Agreement, in substantially the attached form, with the
Foundation of Community Assistance and Leadership, Inc. for the
provision of after-school tutorial, counseling and computer
educational services at the City of Miami's Moore Park, in an
amount not to exceed $115,452, with funds allocated from the
Department of Parks and Recreation, Special Revenue Fund, Parks
and Recreation Services Consolidated Account.
Section 3. The Community Technology Advisory Board is
requested to review this Program after 180 days of its
implementation to determine the Program's teaching effectiveness
and to report its findings to the City Commission within sixty
days of the review.
Section 4. The City Clerk is directed to transmit a copy
of this Resolution to the Chairperson of the Community Technology
Advisory Board and the Director of the Department of Parks and
Recreation.
1/ 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 3 01"13.8
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Section 5. This Resolution
shall become effective
immediately upon its adoption and signature of the Mayor .2/
PASSED AND ADOPTED this 13th day of December , 2001.
MANUEL A. DIAZ, MAYOR
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regarding ;3i Yg' o, wlih ult this iL+iEa f �'s'i' F � r Ci Si 9ij a v ;O.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
CORRECTNESSe-
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Wf �r J. F=oani,,an, City Clerk
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 3
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CITY OF MIAMI, FLORIDA
DEPARTMENT OF PARKS AND RECREATION
THIS AGREEMENT entered into this day of _ 20 L , but
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effective as of the commencement of the term of this Agreement, between the City of Miami, a
municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and
Foundation of Community Assistance and Leadership, Inc. a Florida not for profit corporation,
(hereinafter referred to as the ("GRANTEE").
FUNDING SOURCE: Parks Special Revenue Fund
TERM OF AGREEMENT: October 1, 2001 to September 30_, 2002
AMOUNT: $115,452
PURPOSE: Youth Develonment and Educational Program
EXECUTIVE DIRECTOR: David Chiverton
ADDRESS: P.O. Box 370036, Miami, Florida 33137
TELEPHONE NO: 305 — 343-5666
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
set forth, the parties understand and agree as follows:
o1-4318
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1.1
1.2
1.3
1.4
1.5
1.6
1.7
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ARTICLE I
BASIC RE UIREMENTS
As a necessary part of this Agreement, the following documents must be approved by the
City prior to its execution, and must be on file with the City of Miami's Department of
Parks and Recreation (hereinafter referred to as "PARKS").
Corporate Resolution authorizing execution of this Agreement.
The Work Program submitted by the GRANTEE to the CITY. (ATTACHMENT 1)
Budget Summary, to include: completion of GRANTEE'S Program/Line-Item
Budget/Expenditure Justification, (ATTACHMENT II) Total Actual and Projected Funds
Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts and/or management services
Agreements funded in whole or in part under this Agreement.
Certificate of Insurance which reflects GRANTEE'S current liability insurance, naming
the CITY as primary or additional insured as determined by the Risk Management
Department of the CITY; current Workers' Compensation Insurance; current Fidelity
Bond (applicable for all persons who are authorized to receive and disburse funds under
this Agreement); flood insurance coverage if applicable; and other coverage as deemed
necessary, if applicable (i.e., automobile insurance).
GRANTEE Corporate Seal (to be fixed to Signatory Page, and Corporate Resolution).
Copy of GRANTEE Articles of Incorporation, Charter and Bylaws and amendments
thereto, if any, certified by GRANTEE secretary to be current, complete, and correct.
List of Present Principal Governing Board Officers and Members of the Board (names,
addresses, and telephone numbers).
ARTICLE II
2.1 PROJECT PUBLICITY
GRANTEE shall abide by affirmative action regulations in informing residents of the
geographical area to be served hereunder and of the services to be offered by utilizing any
available means for advertisement, as necessary for promotional activities undertaken by
GRANTEE. All literature, advertising, publicity or promotion regarding GRANTEE's
activities will be submitted to CITY for review and approval prior to release or
distribution. No press conference shall be scheduled without written notice to CITY.
2.2 MINORITY PROCUREMENT COMPLIANCE CLAUSE
GRANTEE acknowledges that it has been furnished a copy of Ordinance No. 10062, the
Minority Procurement Ordinance of the City of Miami, and shall comply with all
applicable substantive and procedural provisions therein, including any amendments
thereto.
2.3 PURCHASING AND INVENTORY
GRANTEE shall use its best efforts to obtain all supplies and equipment for use under
this Agreement at the lowest practical costs and shall solicit three bids for the purchase of
capital equipment. The three bids shall accompany all requests for payment. Grantee
shall be responsible to CITY for any damage or destruction of all non -expendable
property acquired for the program with CITY funding (non -expendable property being
properties which shall not be consumed or lose identity). GRANTEE shall be responsible
to CITY for any damage or destruction and shall reimburse CITY for such damage or
destruction. GRANTEE shall establish and maintain a property control system and shall
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be responsible for maintaining a current inventory on all capital items purchased with
CITY funds. All capital expenditures over $50.00 must be approved by CITY prior to
purchase. All items purchased remain the property of CITY and are to be inventoried as
such, which shall include a property record listing the description, model, serial number,
date of acquisition, and cost. Such property shall be inventoried semi-annually, and an
inventory report submitted to CITY. GRANTEE shall permit CITY staff access to the
premises where property is kept for the purpose of performing inventory monitoring
functions. GRANTEE shall not dispose of real or personal property purchased with
CITY funds through sale, loan, or relocation without receiving prior written approval of
the City Manager.
2.4 SUBCONTRACTS
GRANTEE agrees to give advance written notification to the CITY of any subcontract.
None of the services covered by this Agreement shall be subcontracted without the prior
written approval of CITY. Any work or services sub -contracted hereunder shall be
subject to the terms and conditions of this Agreement. Proper documentation in
accordance with the PARKS and CITY guidelines and directives must be submitted to
and approved by the DEPARTMENT prior to the execution of any subcontract. The
advance notification process shall include the following:
A. Identification of the subcontractor and services to be provided.
B. The proposed subcontract, together with a complete and accurate breakdown of the
price on a component -by -component basis, and all bid documents.
C. Identification of the type of subcontract to be used.
D. Summary of actions taken to select the subcontractor.
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Nothing contained herein shall create any contractual relationship between CITY and
any subcontractor working for GRANTEE.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from October 1 2001 to September 30 2002.
The City shall have the option to extend this Agreement for a one (1) year period subject
to the approval of the City Manager or his designee.
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, PARKS shall act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this Agreement, except as
otherwise provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the only Agreement of the parties hereto,
relating to said grant and correctly sets the rights, duties, and obligations of each to the
other, as of this date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect. Furthermore, 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, words or phrase shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable to conform with such laws, then
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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.
3.4 OBLIGATION OF GRANTEE
The GRANTEE shall carry out the services as prescribed in its Work Program (which by
this reference is incorporated herein and made a part of this Agreement as Attachment 1)
in a lawful, and proper manner, satisfactory to the CITY, in accordance with the
requirements as prescribed in this Agreement.
3.5 NON-DISCRIMINATION
The GRANTEE agrees that it shall not discriminate as to race, sex, color, religion,
national origin, age, marital status, or handicap, in connection with its performance under
this Agreement. Furthermore, GRANTEE agrees that no otherwise qualified individual
shall solely, by reason of his/her race, sex, color, religion, national origin, age, marital
status, or handicap, be excluded from the participation in, be denied benefits of, or subject
to discrimination under any program or activity receiving federal financial assistance.
3.6 BONDING AND INSURANCE
At all times during the term thereof, GRANTEE shall maintain insurance and bonding
coverages acceptable to the CITY's Risk Management Department. Prior to commencing
any activity under this Agreement, the GRANTEE shall furnish to the CITY original
certificates of insurance and bonding indicating that the GRANTEE is in compliance with
the provisions of this article.
GRANTEE shall provide the following coverages:
(a) Insurance coverage that reflects sound business practices acceptable to the CITY's
Risk Management Department and that requires the insurance carrier to give the
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CITY at least 14 days previous notice of termination, cancellation or expiration of
insurance policy.
(b) Fidelity bonding for all persons handling funds received or disbursed under this
Agreement in an amount equal to, or greater than the amount of the CITY grant.
City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of not less than $500,000.00 General
Aggregate, which shall include fire liability. CITY shall be named as Primary
Additional Insured, and there shall be no exclusions in such policies to override the
CITY coverage.
(d) GRANTEE shall provide the CITY with proof of Automobile Liability Coverage in
an amount of not less than $300,000.00 for each driver, Bodily Injury and Property
Damage combined, if GRANTEE is to be reimbursed for mileage by the CITY.
(e) The GRANTEE shall obtain Workers' Compensation and Employers' Liability
coverage as per statutory requirements. Compliance with the foregoing
requirements shall not relieve the GRANTEE of its liability and obligations under
this section, or under any other section of this Agreement.
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays in service occur, PARKS is
to be notified in writing immediately, giving all pertinent details and indicating when
service shall begin, and/or continue. It is understood and agreed that the level of services,
activities, and expenditures by the GRANTEE, in existence prior to the initiation of
services hereunder, shall be continued and shall not be reduced in any way, as a result of
this Agreement. Programs funded through this Agreement shall not result in the
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displacement of employed workers, impair existing contracts for services, or result in the
substitution of funds allocated under this Agreement, for other funds in connection with
work which would have been performed in the absence of this Agreement.
3.8 REPORTS, AUDITS AND EVALUATIONS
At the request of CITY, GRANTEE shall transmit to CITY, written statements of
GRANTEE official policy on specified issues relating to GRANTEE activities. The
GRANTEE shall submit quarterly progress reports, schedules, and any other reports and
documentation as the CITY deems necessary, and which will reflect the status of
objectives and program activities accomplished thus far, in addition to budget changes
and costs expended during the reporting period. GRANTEE shall ensure the cooperation
of its employees and Board members in such efforts. The CITY staff may conduct
monitoring visits monthly, quarterly, or at random at anytime. Any inconsistent,
incomplete, or inadequate information either received by the CITY, or obtained through
monitoring and evaluation by the CITY, shall constitute good cause for the CITY to
terminate this Agreement at any time thereafter. The City requires that the GRANTEE
submit an annual audit no later than sixty (60) days after the expiration of this
Agreement.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
A. CITY shall pay GRANTEE, $115,452 as maximum compensation for the services
provided, including expenses incurred during the term of this Agreement. Expenses
shall be reimbursed provided they are made in accordance with the schedule set
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forth in the budget, which is attached hereto, and made a part hereof, as Attachment
fl.
B. During the term hereof, and for a period of 3 years following the date of the last
payment made hereunder, CITY shall have the right to review and audit the time
records, and related records of GRANTEE, pertaining to payments by CITY.
C. All payments shall be reimbursements for expenditures incurred only during the
term of this Agreement, and in compliance with the previously approved Line -Item
Budget. Such written request shall contain a statement declaring and affirming that
all expenditures were made in accordance with the approved budget. All
documentation in support of such request shall be subject to approval by CITY at
the time the request is made, and all invoices are required to be paid by GRANTEE
prior to submission. All reimbursements must be in line -item form, and be in
accord with this Agreement. All expenditures must be verified by original invoice,
with a copy of the check which was issued to pay that specific invoice. Within 60
days of invoice payment, copies of the canceled checks must be submitted. In the
event that an invoice is paid by various funding sources, a copy of the invoice may
be submitted, but must indicate the exact amount paid by various funding sources
equaling the total of the invoice. No miscellaneous categories shall be accepted as a
line -item in the budget. Two (2) requests for line -item changes are allowable, with
prior review and approval by the CITY. All line -item changes must be made on or
before 30 days prior to the end of the term of the Agreement.
D. Requests for payment should be made on a monthly basis. Reimbursement requests
should be submitted to the CITY within thirty (30) calendar days after the
indebtedness has been incurred. Failure to comply may result in the rejection for
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repayment of those invoices within the reimbursement package, which do not meet
this requirement.
E. GRANTEE must submit the final request for payment to the CITY within thirty
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calendar days following the expiration or termination date of this Agreement.
If the GRANTEE fails to comply with this requirement, all rights to payment will be
forfeited, and the CITY shall not honor any request submitted after the aforesaid
period.
F. Any payment due under this Agreement may be withheld, pending the receipt and
approval by the CITY, of all reports due from the GRANTEE as part of this
contract, and any modifications thereto.
G. In order to fund the operations of the park on a timely basis, upon execution of this
Agreement and with a written request from GRANTEE, CITY may advance 1/12`h
of the appropriated funds to GRANTEE. The advance shall be justified and
recovered as follows: ten (10) equal monthly installments commencing in the third
month of this Agreement and continuing through the twelfth month of this
Agreement. Funds shall not be advanced by the CITY if the GRANTEE is in
default under this Agreement.
4.2 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of GRANTEE at any time during the
performance of this Agreement, and for a period of three years after final payment is
made under this Agreement. GRANTEE agrees to provide all financial and other
applicable records and documentation of services to CITY. Any payment made shall be
subject to reduction for amount included in the related invoice which are found by CITY,
on the basis of such audit, not to constitute allowable expenditures. Any payments made
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to GRANTEE are subject to reduction for overpayments on previously submitted
invoices.
4.3 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the GRANTEE shall fail (i) to
comply with the terms of this Agreement, or (ii) to accept conditions imposed by CITY,
at the direction of the federal, state, and local agencies.
4.4 RELOCATION ACQUISITION AND DISPLACEMENT
The GRANTEE agrees to comply with City of Miami Ordinances and Resolutions, and
City policies in relation to the acquisition and disposition of real property utilizing grant
funds, and to the displacement of persons, businesses, non-profit organizations occurring
as a direct result of any acquisition, or real property utilizing grant funds.
4.5 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds, and continued
authorization for program activities, and is subject to amendment or termination due to
lack of funds or authorization, reduction of funds, and/or change in regulations.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
GRANTEE shall indemnify, defend and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnities") and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred as "Liabilities") by reason of any injury
to or death of any person or damage to or destruction or loss of any of any property
arising out of, resulting from, or in connection with (i) the performance or non -
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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 GRANTEE or its employees, agents or
subcontractors (collectively referred to as ("GRANTEE") regardless of whether, it is, or
is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by
any act, omission, default or negligence (whether active or passive) of the Indemnities, or
any of them or (ii) the failure of the GRANTEE to comply with any of the paragraphs
herein or the failure of the GRANTEE 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. GRANTEE expressly agrees to indemnify and
hold harmless the Indemnities, or any of them, from and against all liabilities which may
be asserted by an employee or former employee of GRANTEE, or any of its
subcontractors, as provided above, for which the GRANTEE's liability to such employee
or former employee would otherwise be limited to payments under state Workers'
Compensation or similar laws. GRANTEE further agrees to indemnify, defend and hold
harmless the Indemnities from and against (i) any and all Liabilities imposed on account
of the violation of any law, ordinance, order, rule, regulation, condition, or requirement,
in any way related, directly or indirectly, to GRANTEE performance hereunder,
compliance with which is left by this Agreement to the GRANTEE, and (ii) any and all
claims, liens and/or suits for labor and materials furnished by the GRANTEE or utilized
in the performance of this contract or otherwise. Where not specifically prohibited by
law, GRANTEE further specifically agrees to indemnify, defend and hold harmless the
Indemnities from all claims and suits for any liability, including, but not limited to, injury,
death, or damage to any person or property whatsoever, cause by, arising from, incident
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to, connected with or growing out of the performance or non-performance of this
agreement which is, or is alleged to be, caused in part (whether joint, concurrent or
contributing) or in whole by any act, omission, default, or negligence (whether active or
passive) of the Indemnities. The foregoing indemnity shall also include liability imposed
by any doctrine of strict liability.
5.2 AMENDMENTS
No amendments to this Agreement shall be binding on either party, unless in writing, and
signed by both parties.
5.3 OWNERSHIP OF DOCUMENTS
All documents developed by GRANTEE under this Agreement shall be delivered to
CITY upon the completion of the services required pursuant to this Agreement, and shall
become the property of CITY, without restriction or limitation on its use. GRANTEE
agrees that all documents maintained and generated pursuant to this relationship between
CITY and GRANTEE, shall be subject to all Public Records Law, Chapter 119, Florida
Statutes. It is further understood by and between the parties that any document which is
given by CITY to GRANTEE pursuant to this Agreement shall at all time remain the
property of CITY and shall not be used by GRANTEE for any other purposes
whatsoever, without the written consent of CITY.
5A AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained any person employed by the
CITY, to solicit or secure this Agreement, and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY, any fee, commission percentage,
brokerage fee, or gift of any kind, contingent upon or resulting from the award of this
Agreement.
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5.5 NON-DELEGABMITY
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The obligations undertaken by the GRANTEE_ pursuant to this Agreement shall not be
delegated or assigned to any other person, or firm, in whole or in part, without CITY's
prior written consent which may be granted or withheld in CITY's sole discretion.
5.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
5.7 CONFLICT OF INTEREST
The GRANTEE covenants that no person under its employ, who presently exercise any
functions or responsibilities in connection with these funded activities, has any personal
financial interest, direct or indirect, in this Agreement. The GRANTEE further covenants
that, in the performance of this Agreement, no person having such conflicting interest
shall be employed. Any such interests on the part of the GRANTEE or its employees,
must be disclosed in writing to the CITY.
GRANTEE is aware of the conflict of interest laws of the City of Miami (City of Miami
Code, Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2011-.1),
and the State of Florida, and agrees that it shall fully comply in all respects, with the
terms of said laws.
5.8 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, GRANTEE agrees and understands that
CITY has no obligation to renew this Agreement.
5.9 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any time prior to the completion of
the services required under this Agreement, without penalty to the CITY. In that event,
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the CITY shall give written notice of termination to GRANTEE, who shall be paid for
those services performed prior to the date of its receipt to the notice of termination. In no
case, however, shall CITY pay GRANTEE an amount in excess of the total sum provided
by this Agreement. It is hereby understood by, and between CITY and GRANTEE, that
any payment made in accordance with this Section to GRANTEE shall be made only if
said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in
default, then CITY shall in no way be obligated, and shall not pay to GRANT any sum
whatsoever.
5.10 REMEDIES FOR NONCOMPLIANCE
If GRANTEE materially fails to comply with any term of an award and an agreement, the
CITY may take one or more of the following courses of actions:
(1) Temporarily withhold cash payments, pending correction of the deficiency by the
GRANTEE, or more severe enforcement action by CITY.
(2) Disallow (that is, deny both use of funds and matching credit for) all, or part of the
cost of the activity or action not in compliance.
(3) Wholly, or partly suspend or terminate the current award for the GRANTEE
program.
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
5.11 GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing, and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein, or as the
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same may be changed from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on the fifth day after being
posted, or the date of actual receipt, whichever is earlier.
CITY OF MIAMI
City Manager
3500 Pan American Drive
Miami, FL 33133
GRANTEE
Foundation of Community and
Leadership, Inc.
P.O. Box 370036
Miami, Florida 33137
B. Title and paragraph headings are for convenient reference, and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement, and any terms or
conditions contained in any attached documents, the terms of this Agreement shall
control.
D. 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.
E. 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 provisions, paragraphs, sentences, words, or phrases shall be deemed modified
to the extent necessary in order to conform with such laws, or if not modifiable to
conform with such laws, 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.
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5.12 INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall.be deemed to be independent Contractors,
and not agents or employees of the CITY, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded
classified or unclassified employees; further, they shall not be deemed entitled to the
Florida Worker's Compensation benefits and an employee of the CITY.
5.13 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto, and their respective heirs,
executors, legal representatives, successors, and assigns.
5.14 APPROVAL BY OVERSIGHT BOARD. The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight") which is empowered to review
and approve all pending CITY contracts. As a result, contracts shall not be binding on
the CITY until such time.
ARTICLE VI
6.0 GRANTEE CERTIFICATIONS
GRANTEE certifies that:
It possesses the legal authority to enter into this Agreement by way of a resolution,
motion, or similar action that has been duly adopted or passed, as an official act of the
GRANTEE governing body, including all understandings and assurances contained
herein, and directing and authorizing the person identified as the official representative of
the GRANTEE, to act in connection with the Agreement, and to provide such additional
information as may be required.
Y
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized on the first date above
written.
ATTEST:
WALTER FOEMAN, CITY CLERK
CITY CLERK'S OFFICE
ATTEST:
r
r
'oRPORATE SECRET�AR
E
APPROVED AS TO
INSURANCE REQUIREMENTS:
CITY OF MIAMI, a Municipal
Corporation of Florida
CARLOS A. GIMENEZ
CITY MANAGER
AGENCY NAME
FOUNDATION OF COMMUNITY
ASSISTANCE AND LEADERSHIP,
INC.
c r'
i
PRtSIANT `
CORPORATE SEA71,
APPROVED AS TO
FORM AND CORRECTNESS:
MARIO SOLDEVILLA ALEJANDRO VILARELLO
RISK MANAGEMENT ADMINISTRATOR CITY ATTORNEY
19.,1' ..
J
CORPORATE RESOLUTION
L E
WHEREAS, and the Foundation of Community Assistance and Leadership, Inc.
desires to enter into an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the president and secretary are hereby authorized and instructed to enter into a contract in the
name and on behalf of this corporation with the City of Miami upon terms contained in the
proposed contract to which this resolution is attached.
DATED this �C day of ..'-r �zt(� _ 20 G
PWIDENT
C RPORATE SEC
(CORPORATE SEAL)
20
�i-318
0 CITY OF MIAMI, FLORIDA 0 29
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TOof the City Commission
FROM: Car os A. Gi nez
City Manager
LATE :0W 3 V{1i FILE:
SUBJECT: Resolution Authorizing
the Foundation of
Community Assistance and
Leadership Agreement
REFERENCESproposed Resolution and
ENCLOSUREsAgreement
1
It is respectfully recommended that the City of Miami Commission
adopt the attached resolution authorizing the City Manager to
enter into an agreement, in an amount not to exceed $ 1.15,452 and
in a form acceptable to the City Attorney, with the Foundation of
Community Assistance and Leadership (FOCAL), a Florida not-for-
profit corporation. The agreement which will be effective for
the period October 1, 2001 to September 30, 2002 is necessary to
continue to provide learning and youth development programs in
the form of after-school tutorial, counseling, academic, and
computer educational services to individuals and families of
predominately low income communities and surrounding
neighborhoods in the Model City area. The resolution further
authorizes the allocation of funds from the Department of Parks
and Recreation, Special Revenue Fund Parks and Recreation
Services, Consolidated Account.
BACKGROUND:
The Department of Parks and Recreation recommends that the City
of Miami enter into an agreement in the amount of $ 115,452 with
FOCAL to address the need for after-school and youth development
programs primarily for under -served youth who lack the academic
success, scholastic excellence, and preparation for productive
adulthood.
FOCAL is a non-profit 501 (c) (3) organization whose mission is
to provide educational, vocational, and structured social
services to individuals and families of predominately low income
communities. FOCAL will continue to provide learning and youth
development programs in the form of after-school tutorial,
counseling, academic and computer educational services for no
less than one hundred youth participants who will receive a
minimum of four (4) hours of tutoring per week and four (4)
counseling sessions per school year at the City of Miami's Moore
Park.
Honorable Mayor and Member
Of the City Commission
Page 2 of 2
It is in the best interest of the City to continue to provide
such an important scholastic and learning program for youth and
young adults living in the Model City and surrounding
neighborhoods in accordance with the conditions and work program
made part of the proposed agreement with FOCAL. Attached for your
review is the draft budget and work program for the proposed
agreement for the period October 1, 2401 to September 30, 2002.
City funds for this agreement will be disbursed on a
reimbursement basis upon submittal of receipts by FOCAL and City
of Miami staff will monitor the proposed work program
accordingly.
It should be pointed out that FOCAL has received City funding in
the past from such sources as Community Development, Law
Enforcement Trust Funds, and private donations. Also, please note
that the Department of Community Development has indicated that
FOCAL has failed to reimburse that Department a total of
approximately $26,436.19 for the purchase of computers, which
Community Development determined to be an ineligible expense due
to federal program violations. There are other administrative
irregularities, which are in the process of being resolved.
Funding for the proposed agreement will not be utilized to
satisfy the approximate $26,436.19 obligation with the Department
of Community Development.
ILS o
CAG/F %AR/sb �..
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
Linda Haskins, Director DATE: November 30, 2001 FILE:
Budget Department
susJECT : Agreement with
Foundation of Community
----�~ Assistance and Leadership
FROM: Alberto Ruder, Director REFERENCES
Department of Parks and Recreation
ENCLOSURES:
The Department of Parks and Recreation has prepared an agenda item for the December
13, 2001 Meeting authorizing the City Manager to enter into an agreement with the
Foundation of Community Assistance and Leadership, Inc. (FOCAL) for youth
development and computer education services to be located at Moore Park. Legislation
to this effect is being considered at the December 13, 2001 City Commission. The
amount of the proposed contract is $115,452 with funds allocated from the Department of
Parks and Recreation, Special Revenue Fund for Parks and Recreation Services,
Consolidated Account No. 116002.580211.
Approval from Budget is requested to verify that said funds in the amount of $115,452
are available and are being appropriated at the December 13, 2001 Commission Meeting
from the aforementioned account.
Approval:
Linda Haskins, Director
-x 4~4=6 Arod '64 AWMP140416,
AR/FKR
Date:
1
I
FOCAL •
Foundation f Community Assistance &Leadership
PROGRAM NARRATNE
FOCAL addresses the need to service the many under -served youth who lack academic success and
preparation for productive adulthood. The community must supplement formaleducation for under-
served youth with tutoring, mentoring and other positive learning experiences. Many under -served
youth are very recreational/sport oriented, which is evident by the high level of participation in extra
curriculums recreational/sport programs as compared to extra curriculums educational programs.
Although all social and ethnic backgrounds participate in recreational/sport programs, under -served
youth are often consumed by these activities and lack the support to balance recreation and education.
By the time many under -served youth realize the importance of an education they have already failed
academically and lag behind their peers in the basic skills needed to succeed as a productive adult.
Neighborhood parks that are located in extremely deprived areas should not only provide valuable
recreational opportunities but also promote and provide educational assistance for under -served
youth. The factors addressed by this program are academic failure beginning in late elementary
school, lack of commitment to school, friends who engage in problem behavior(s) and favorable
attitudes toward problem behavior(s). Youth who experience academic failure beginning in
elementary school increase the risk for drug abuse, delinquency, violence, school dropout, and teen -
pregnancy. Therefore, the problem of academic failure must be addressed. Research suggests that
when school is no longer seen as necessary, workable, or possible youth are at a greater risk for
problems behavior. The influence of the peer group cannot be understated, especially in the middle
school and high schools years. Youth who associate with peers involved in delinquent behaviors are
more likely to engage in problem behaviors as well. The communities with the highest crime rate also
have youth with a greater likelihood of having friends who engage in criminal behavior. The high
crime rates in the targeted community expose youth to problem behavior, and as more oftheir friends
engage in these negative behaviors a shift toward favorable attitudes toward these behaviors are
likely. The targeted Allapatha, Wynwood and Model City communities' juvenile arrest rates are
higher than Miami -Dade County and the second highest in the juvenile arrest for 10-14 year old.
These communities are in high-risk category due to consistently high ranking on all risk factors,
particular the level of economic deprivation, crime rates and school difficulties.
FOCAL addresses the need for after school and youth development programs to provide educational,
cultural and structured activities. There is an unmet need for at least one adult to know the youth
personally, develop a case plan, support school participation and reinforce personal responsibility and
consequences for delinquent behavior. The FOCAL program will be expanded to meet their needs
by hiring more staff and servicing more youth.
FOCAL provides an mer -school tutorial and computer center at the City of Miami's Moore Park to
incorporate education into a highly popular recreation program. Providing tutoring, mentors,
structured social activities, cultural awareness, and knowledge of and access to social services helps
to meet the needs of this under -served community. The program offers tutoring in Math, English,
Reading and Computers. Counseling and workshops are given on self-esteem and self-worth, values
clarification, responsibility and consequences, health and safety, dealing with conflict and life skills
and leadership training.
(305)750-(}7(,_' - (30) 341-5666 - I`AX (30) 754-6058
P.O. BOX 370036 MIAMI FLORIDA 33137-0036 ��
Founmtion f Community Assi stanceLeadership
Our curriculum will include Field Trips that will expose participants of the Learning and Computer
Center to areas of everyday living. The participants will experience places like the Everglades,
Youth Crime intervention Center, Space Center, and other Fields trips that will include participation
from other areas of the City of Miami and possible outside Miami -Dade.
The goals of the program are youth development, school success, social competence and readiness
for self-sufficiency. Our goal is to assist each participant in improving their scholastic performances
and skills by providing the necessary tools and support in conjunction with their family and teachers.
Our overall goal is to help under served youth improve their academic and life skills. Our vision is
to maximize resources by allowing the community to have access to tutors, computers and services
that are not otherwise available in a comfortable familiar environment. The program increases
reading, writing, math and computer skills through tutoring. We will work to increase self esteem
through the used of culture and history to help develop a clear and positive racial identity. Mentors,
counseling and rewards will be utilized to reduce misbehavior. Alternative activities and workshops
will help to produce participants' exposure to negative role models, gangs and dnig involvement, as
well as, increasing alternatives to physical force to resolve problems and increase social responsibility
and sensitivity to others.
At least one activity of an interactive nature (recreational, educational or social) designed to promote
socialization and maintain identification with a peer group will be offered to program participants on
a daily basis.
The measurable standards for the program will be one hundred students actively participating in
the program and attending four hours of tutoring per week. All participants will receive a minimum
of four (4) hours of tutoring per week. All participants will receive a minimum offour (4) counseling
sessions per school year. All students needing additional social services, self-sufficiency improvement
programs or additional academic support will be assisted or referred appropriately.
This program objective meets the goals and organizational mission of FOCAL, which is to
provide educational, vocational, and social services to individuals and families of predominately low
income communities. Special emphasis on youth to insure that each child and family has an
opportunity to reach a level of independence and normalization through and enriched environment.
FOCAL is a collaborator with the City of Miami Parks and Recreation Department to provide the
education component for the Moore Park recreation programs. The park provides a year round
program which includes football, tennis, basketball, softball and cheerleading. The park staffprovides
recreational programs and the FOCAL staff provides educational programs to help develop a well-
rounded youth. FOCAL works with local community agencies and take the lead to coordinate the
delivery of basic health care, child care, literacy training, employability skills, job placement, parent
education and crisis intervention. The program works closely with the participant's parents and
schoolteachers (when possible).
01'1'1(T' ( 05) 750-6762 • (305).143-5606 • FAN (305) 75-1.,',...,
PO. BOX .370036 MIAMI. FLORIDA 33137-0036
PoC�L
Foundation f Community assistance P.Leadership
The plan for measuring the program effectiveness is to maintain a file on each participant that
tracks his or her academic success and participation in the program. We will use their academic and
conduct performances from the time they enter the program and document school academic and
conduct improvements and declines. If a tutor/teacher observes anything that requires special
attention then it is documented in that child's folder and FOCAL will provide additional counseling
when needed to the child and family. The file will also include information that a parent or guardian
feels is pertinent to a child's development.
The project coordinator will be responsible for collecting the data and maintaining the files the data
for measuring the program performance will be the report card grades, conduct markings and school
attendance records. The data will also keep track of the number of school referrals, detention and
suspension etc. Also we will keep a record on whether a participant. has been involved in the criminal
justice system and refer services. The project coordinator will also keep in contact with parents,
coaches and mentors to make sure that the participants have positive adult relationships. The FOCAL
Board of Trustees and a certified public accountant will do tracking and monitoring of the use of all
funds.
Evaluation and reports are compiled monthly by the Chief Executive Officer of the FOCAL and
reported monthly to a City of Miami contract officer who makes site visits to evaluate the program
and make sure the program is meeting its goals. The contract officer will be able to evaluate the
program by the numbers of participants, the retention rate of participants and the success of individual
participants.
Since February of 2000 FOCAL has successfully operated the Moore Park Learning and Computer
Center in partnership with the City of Miami Parks and Recreation. An organizational resume of past
experience is enclosed in this packet.
()1 IA(T' (3()5) 756-676? • (305} 343-5666 • FA\ (305) 754-6058
P.O. BOX 370036 MIAMI. FLORIDA 33137-0036 ��
a
FOUNDATION OF COMMUNITY ASSISTANCE & LEADERSHIP
FOCAL
BUDGET FORM II
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF SALARY FORECAST
AGENCY: FOUNDATION OF COMMUNITY ASSISTANCE & LEADERSHIP (FOCAL) PERIOD COVERING: 10-1-2001 thru 9-30-2002
Employee Name
Position
Title
Social
Security
Ethnicity
Type of
Employee
Pt/Ft
Period
Budgeted
Pay Period
Annual
Gross
Salary
Top Salary
Per Pay
Period
Percentage of
Salary Charged
to City
Total Amount
. Charged to
City
D. Chiverton
CEO
261-85.0316
SLK
FT
12
months
Monthly
$60,000
$5,000.00
40%
$ 22,200.00
B. Hardemon
Project
Director
265-51.6142
BLK
FT
12
months
Monthly
$50,000
$4,166.00
40%
$ 17,500.00
Tutor
Tutor
PT
12 months
Monthly
$10,000
1000/0
$ 10,000.00
$120,000
$ 49,700.00
PO BOX 370036 MIAMI, FLORIDA 33137-0036
(305)34.1-5666 OR (305) 756-6762 FAX (305) 754-6058
AGENCY: FOUNDATION OF COMMUNITY ASSISTANCE & LEADERSHIP EOCAL Period Being Cost Allocated: 10-1-2001 thru 9-30-2002
CITY OF MIAMI FOCAL GRANT
OTHER FUNDING
TOTAL
TOTAL
Contract
COST
Program Period 10-1-2001 thru 9-30-2002
Line -Item Description
%
%
$
%
$
40%
$ 49,700.00
60%
$ 70,300.00
1000/0
$120,000.00
101 STAFF SALARIES
°
0
0
°
0
°
200 MICA
40%
$ 3,200.00
60%
$ 7,620.00
1000/0
$11,120.00
201 STAFF FICA
04 STAFF GROUP HEALTH INS.
fl
0
0
°
0
0
Z50 PROFESSIONAL SERVICES
100%
$ 26,300.00
0
0
100%
$26,300.00
301 GENERAL LIABILITY
100%
$900.00
0
0
1040/0
$900.00
302 AUTO LIABILITY
0
0
°
a
o
0
100%
$900.00 1
0
0
100%
$900.00
303 BONDING
100%
$3,600.00
0
0
100%
$3,600.00
TELEPHONE
r460
0
°
0
°
°
°
SPACE RENTAL
100%
$800.00
0
0
100%
s $800.00
501 POSTAGE
502 PRINTING OUTSIDE
1000/0
$600.00
0
0
1000/9
$600.00
$l0 LOCAL TRAVEL {Field Trips}
1000/0
$10,000.00
0
0
1000/0
$10,000.00
p
0
100%
$4,380.00
1000/0
$4,380.00
Wit OUT OF Town TRAVEL
521 OFFICE SUP, STAFF
900 CAPITAL OUTLAY EQUIP. (Copier Lease)
100%
$6,000.00
0
0
0
$6,000.00
901 OFFICE FURNITURE
0
0
°
0
0
0
901 OFFICE SUPPLIES
100°/0
$6,000.00
0
0
0
$6,000.00
525 CURRICULUM SUPPLIES
100%
$6,000.00
0
0
0
$6,000.00
ALARM MONITORINGIMAINTENANCE
100%
$1,452.00
0
0
0
$1,452.00
LTTOiTFAL
$115,452:00
$77,920.00
$197,752.00
FOCAL, PO BOX 370036
MIAMI, FLORMA
33137-0036
* (.305) 343-5666 or (305) 756-6762 * FAX
(305) 754-6058
• FOCAL 6
Foundation Of Community Assistance &Leader ?GET FORM I
CITY OF MIAMI
DEPARTMENT PARKS & RECREATION
BUDGET NARRATIVE BY LINE ITEM
AGENCY: Foundation Of CoMMuniV Assistance & Leadershi(FOCAL)
FISCAL YEAR: 2001 - 2002 FUNDING SOURCE: CDBG - SOCIAL SERVICES
rrEM AMOUNT
SALARIES
Chief Executive Officer
Program Director
Tutor
CONTRACTUAL SERVICES
Teacher
Printing Services
Internet On -Line System
Accounting Services (Monthly and Annual Audit)
Copier Lease (Annual)
Computer Repair (Parts and Technician)
Security Alarm Monitoring
Insurance (Bonding & Liability)
$22,200
$17,500
$10,000
TOTAL - SALARIES 549,700.00
$20,000
$600
53,200
52,700
56,000
$3,600
S1,452
$1,800
TOTAL. CONTRACTUAL SERVICES 1 $39,357.00
OPERATING EXPENSES
5800
Postage
53600
Phone Bill
Office Supplies $6,000
Curriculum Supplies (Learning Software, Books, Speciality Learning tools for FLAT, 53000
Stanford Achievement and other school preparation testing.
$3000
Snacks
Field Trips t $10,000
TOTAL - OPERATING EXPENSES
OFFICE (305) 756-6762 - (305) 343-5666 - 1 `
P.O. BOX 370036 MIAMI, FLORIDA 33137-0036
S26,400.00
$115,452.00