HomeMy WebLinkAboutR-89-0243Jitly��Uy
3/3/99
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$22,000 FROM THE DEPARTMENT OF COMMUNITY
— DEVELOPMENT GENERAL FUND TO THE ALTERNATIVE
PROGRAMS, INC. FOR THE PURPOSE OF PROVIDING A
CASE MANAGEMENT PROGRAM TO REFER CLIENTS TO
AGENCIES PROVIDING JOB TRAINING, HOUSING AND
HEALTH SERVICES; AND FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER INTO AGREEMENT WITH
SAID AGENCY FOR SAID PURPOSE, SUBSTANTIALLY
IN THE ATTACHED FORM.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
3
FLORIDA:
Section 1. $22,000 from the Department of Community
Development General Fund are hereby allocated to the Alternative
_
Programs, Inc. for the purpose of providing a case management
_ program to refer clients to agencies providing job training,
housing'and health services.
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Section 2. The City Manager is hereby authorized to
enter into agreement with the Alternative Programs, Inc.;
substantially in the attached form , to 'provide a case
_
management: -program to refer clients to agencies providing job
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training, housing and health services, subject to the conditions
and limitations contained herein and in the City Code.
Section 3. This Resolution shall become effective
,
immediately upon its adoption pursuant to law.
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The Agreement shall contain the performance of activities'
set forth in the attached memorandum from .the City g77 a,
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C�T�f MMSS�lY'"
MAR
7'ij-t
'A
ot
PASSED AND ADOPTED +�hi�
� 3�d �1�� of _March -
ATT
MAqTY HIRAI
CITY CLERK
BUDGETARY REVIEWC
!S s . ✓ 4 Al
OHAR S. SURANA,, DIRECTOR
nPPARTMENT OF BUDGET
S„� v.
s e
CITY OF MIAMI
SOCIAL 5ERVIC8S A0,11E MENT
THIS AdR) EMFNT, entered into this clay of __- _ ; . ► ' 19 ,
between the City of Miami, a muini.ci.pal. corporation of the state of _
Florida (hereinafter referred to as Ehe "CtTY") . and The
Al.terhati.ve programs, Inc., a I'i.orida not for prof.i.t corporatiorli
(herel.nafter referred to as the "GRANTEE:") . f;
General. Funds
FUNDING SOURCE:
TERM OF THE AG it1:EMENT :
AMOUNT: $22000
VEVDOR NUMBER t
TAX IDENTIFICATION NUMBER:
the CITY with the following: va
— r r __._ _._.__ e�__�'l ...L�.� �..LL�wr.s ..i«w w�ef i.�.4 iAN A�''�1-11�%Q 'i►Ri'�ointnPill�� >..
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insured as determined by
current Workers'
Bond
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the Law hepartment of the ,CtTYt
Compensation i.nsuravice 1 current Fidelity
(applicable for all. persons who are authorized to
receive and disburse funds under tlii.s Agreement); and other
coverage as deemed necessary (i.e. aitf.omob.i.le i nstirance)
1.8 Completion of Authorized Represenr.at:i.ve Statement (on form -
supplied by the CITY).
1.9 Completion of Statement of Accouvit.i.ng System (on . ,form
supplied by the CITY).
1.10 A letter from an independent Certified Public Accountant �.
which expresses the opinion that the GRANTEE's internal
controls are adequate to safeguard the organi.zati.on's assets.
1.11 Corporate Personnel. Policies and Procedures.
1.12 Job Description and Resumes for all positions funded in whole,
or in part under this Agreement.
1.13 GRANTEE's Corporate Seal (to be affixed to Signatory -Page,_.
and Corporate Resolution)
1.14 Final Expenditures Report (to be submitted to the CITY on an;:
approved form no later than 30 days after the , expi.rati.on ofe
this Agreement) .
1.15 Certified Independent: Audit, (to be submitted to the CITY no
later than 120 days after the expiration of this Agreement)
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= ARTICLE II..'—
_ 2.1 TIME OF PERFORMANCEr -
The term of this Agreement. shall be from February 27 through
June 30, 1989. "
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2.2 CITY AUTHORIZATION
For the purpose of this .Agreement, the City, of Miam
of Community D1. ty, P
Department
evelopmE�iit (heret.riaPter, thek
"DEPARTMENT") will act on behalf :of the F�CITY.
control, programmatic moni toripg,: and ,modi.fi,uatfit�111 s1
Agr•.eement, except as otherwi.ee provided by .t is `Ag�0 m�ii i
2.3 OBLIGATION OF GRANTEE
The. GRANTEE shah cars out t v e-
y she aer is s as, pre r,a,�
Work ,Program. (Attachment I) , whi.Cl1 i s cat taChed
i.ncororated herein and marl art txh� re mfn DS�
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A Sr vw�i#t
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Iawful., and proper manner., satisfactory, to the CITY# In
accordance with the written polAci.esr procedures, and {'
requirements as prescribed in this Agreement, as set forth by
the United States Secretary of Treasury and the City, of Miatni
Department of Communi.*y Development.
2.4 BUDGET SUMMARY AND LINE.ITEM BUDGET JUSTIFICATION
GRANTEE shall, comply with i.f:s Program/Line-Item =
Budget/Expendi.ture Justification (Attachment-. it.). which 3.9
attached and incorporated herei.n and made a mart of this
Agreement.
2.5 RETENTION OF RECORDS
GRANTEE shall retain a1.1 financi.at. records, supporting _
documents, statistical. records, and. all other. ,records
pertinent to this Agreement for a period of: three years. The z
xt.
retention period starts from the daFe of the submission::of
the final expenditure report. Records for non -expendable
property acquired with funds*•under the Agreementshall be
r.etai.ned for a period of three y%ars after its final
'disposition. All records retained pursuant to thisi sectimn
shall be retained beyond the three-year peri.od;:.;if F;au* tis:
-f i.ndings' have . not been r. esolved •
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2.6 BONDING AND INSURANCE {
GRANTEE: shall• maintain insurance_ and bonding coverages
"acceptable to -the CITY' s ' Division. of Risk Management •. ,' Pr3,orr ";
to commencing an activity under this , A reement.. the} GRANTEE„
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:shall- furnish . to the CITY ce.rtif:i.cates;_ of insurance and
bonding indicating that the GRANTEE is :ii.n compliance with Abe
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provisions iof this article. __ »
GRANTEE shall provide the following coverages : ; v = = 4
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�A) Insurance coverage: that reflects sound a,,businea z ra t . is
;acceptable j.to the CITY' & Div.i;sion o£ lti.sk: ,Mauagemenit•
ox _
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�FideJ.3.ty bonding ---for'. all `persons handking fynda
: or disbursed; under.. tht.s 'Agreement::i n xan am4u�!f-iyta3.c�Q",°
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greater %than �hhe maximum. anPount;: + £ cnsh.x;li,slti tit sn
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,.Oompli,anae ::witi►= the Foregoing requi rumen*s sttligf.+=i
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,.ts liability and ntbtJ.t of otta ondet 'this
the GRANTI;1; of y 9
section or under any oflier section Of this Agreement.
2.7 LEVEL OV _SERVICE
Should s}art=up ti-the for a program he required or any det.a�►s ;=
,in service occur, the t)epartment of Community Development'As
to be notified in writing immedtatel.y, giving at.1 perti.hen
details and indicating when servi.ce shalt. begin and/bt
continue. It is underst-ood and agreed that the level of =
services, activities, and expenditures by tho GRANTEE, in
existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced i.n any way as 'a
result of this Agreement. Programs funded through' thi.a
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result in r
the substitution of funds allocated under, this Agreement for
. other funds in connect -ion with work which would have ' been'
performed in the absence of this Agrnemeent-.
_ 4
2.8 PURCHASING AtiD INVENTORY
4
= GRANTEE shall use its best efforts to obtain aIJ supplies an
equipment for use under tliis � Agreement-' "at the ' -lower
practical costs and shall soii.cit three bids for tfe purr are
of ` capital 'equipment. The three `bids' shall accompany alt'
requests for payment. All non -expendable property acquirei t �`
for the program with CITY funds shall revertto the CITY gat
the end of CITY's funding of ti, Program (non=expendabtQ
S property being properties which shal.l.'not be consumed or lose
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identity)'.GRANTEE shall be responsible to' CITY `for any k
damage' or. destruction - said property and' shall ,:reimburse.: }
CITY' for. such' damage or' destr"uct3.on. GRANTEE 'shalt. esfc�bli.sh
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and mai.ntai.n`'''a property' control system '. and steal. °tie` ;
responsible for mai.nta.i,ning a current inventory onaia' y
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capital _: items:.. purchased with CITY funds. At ca�i#.ikrp
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expend.tur'es over
$5E1.00 itiust be approved 'by CITY priof '�.
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purchase'.'' All items purchased rema'i.n the properxfxt,�t _
aiiid are: tci be ` i:nventori.ed as .'"such; 4MI61 ` s11�►tV"t
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property. re,cor"d'' 13Qt`i:ng` the' `�igscri.pti,Qt�, Wi.
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number,
be i.nt
submit t
the pr
perform
dispose
funds
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ate of acqui.s.ti.on, and cosf.. Such property shall
toried semi. -annually, and an inventory report
to CITY. GRANTEE shall permi.t CITY staff acceas to
!.sea where property is lzepf. for the purpose of _
i.nvenf.ory monitoring fund-A.ons. GRANTEE shall not
if real or personal propert-y purchased with CITY
'ough sale, loan, or re.locatJon wi.thout recelvi_na
prior wri,rr.en approva 1. or r.ne t;xry rvinager.. l
2.9 MINORITY PROCUREMENT COMPLIANCE CJ.A ;I; 'E
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 al-l. applicable
substantive and procedural provis i.ons therein, i.nel.udi.ng \ any
amendments thereto.
2.10 DISCLOSURE OF FUNDS `
GRANTEE shall di.scl.ose all sources (public or private) and
amounts of funds reflecting' the total- budget whekher. they''be
— real or in -kind at the commencement of the: Agreement period;
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as well as any changes in the amount- of funds through program
income or the sources received -- during the term •of this ^a
Agreement, within 30 days of" such change: "" " 'Examples 'of Lh"' tV"
kind funds include free- rent, labor, and office equipment. 5 x
s 2.11 FINAL EXPENDITURE.REPORT
A -final expendit-ure 'report- shall''be submitted to the CITY
within 30 days after the expiration of this Agreement. '; This
report shall reflect actual. expenditures,- by" Une=i.tem's
versus budgeted expenditures. All persons employed "and paid
pursuant to this Agreement are to be listed by name, title;
Social Security ` number., -date hired or. 'termi:nated, ei:hni.e
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background, ': and total. salary 'refIec+ 3.ng ' both'
CI`PY and
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funding'.' sources**'
2.12 REPORTS' AND EVALUATIONS'a*
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GRANTEE -shall transmit to CITY, in writ-i.ng, -in a formafi W.
ac'ceptable to CITYR quarterly reports regarriinc cQ'r�pi•1 '�ti
Itct
V,7J.Y7.and the -progress -of hh(; e RANTEt;s act i.v,# inrt;t3' r Y,*a
♦�, trey ��-',
GRANTEE shall �-submi.t to"CITY sucti ;addit; ona�` repotri*t3 $ i g•. "`
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be requested.
GRANTEE shall prepare, in writing, i.n a format acceptable to
CITY, any reports or documentation that may be required by
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Federal., State or. vocal. Directives.
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At the request of CITY, GRANTEE shall transmit to CITY
written statements of GRANTEE's official policy r..)n speci.fi.eci
issues relating to GRANTEE's activities.
CITY may carry out monitoring anti evaluation activities 'x
including visits and observations by CITY staffs GRANTEE
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shall ensure the cooperation of its employees and Board
members in such efforta. Any i.nconsi.stent, incomplete, or
inadequate information either received by the CITY on ,-a
quarterly basis or obtained through monitoring and evaluation
by the CITY, shall constitute good cause for the CITY to
terminate this Agreement at any time thereafter.
2.13 AUDITS
GRANTEE will comply with all appti.cabt_e federal. regulations
relating to the submission of an independent audit from .:
certified ,public accountant: .CITY wi.l.l. ;advise the GRANTEE,
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in writing,, of said. audit requirements _within three` (3,) sr
months of the _ commencement -. of this agreement • The= GRAN
agrees. to budgetsuf£i.ci.ent funds -allocated- l under.-a;.fithia t, 2'
•s
Agreement to secure an independent audit from certified
public accountant which must include the` expression `of an
s?
opinion on. the financial statements, and a compliance letter.
which tests. whether. the GRANTEE .is in conformiwit ty s t
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■ Community Development Block Grant or other, appli.cabl e
regulations. Line Item Change Requests will be accepted :;to, {},fs
' cover the cost of the required audit. Additional funds:: wklt F �
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not be: granted.,for this purpose, if >aPpli.caiil e, -: saad gaud*
shall be submitted to the.. Citys - DPpar. tment of oua�ctuY►i,ty 'y c"n
Development no later. than 12Rl. days; aff•er .the a iratiQny sQ �'}`' k
this Agreement.
2.14 CPA BETTER Yin
GRANTF�E,.shall eubmi.t ";to :the . PITY at the commellcem4't1i'Y o
Agreement a Letter., ...• from an , i,ndepender}t t �ertsifK .4 , ? x F =2-AP { <
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ant (CPA) which expresses the api.ni.on that
t.b6
's accounting system has adequate internal. controls to
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rd the assets of the organ i.Tatton. Expenses incurred
re the CPA .letter may be covered by the CITY grant
and �-
.included in the expenditure justifi.cati.on formof
the
summary.
ARTICLE 11L.
ATION
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shall. pay GRANTEE, as maximum compenwxa ion for
the
3.cen required pursuant to Article II hereof, $22,000b-
sha.11 have the right to review and audit the
time
,rds and related records of GRANTEE pertaining to
any
� . a th�rnvu yr re�zrirw r -, A. Upon execution of this Agreement and with a" written
request from GRANTEE, CITY may advance 1/6th of the
appropriated funds to GRANTEE. The advance shall°�:be
Justified as follows: one-half (1/2) in, nine (9) =,equal
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monthly i.nstalIments commencing in the third month of. this
Agreement 'andcontinuing-: through' the eleventh"' month" -of
this Agreement; one-half ;'(1/-2)1 " i.n the twelfth •`and x<fi.nul
month of this- Agreement.'.' _ This method of just`i:fy3.ng
advance, be _ amended by the DEPARTMENT. � Fu»cis'. shalt
be advanced by the CITY -if the -GRANTEE ;i's ; in defaultf, `under
this Agreement: .
B. All payments shall, be -reimbursements for. expenditures
incurred only during the term- of- this Agreement, and 3.h
compliance 'with the 'previously approved Line -=Item' Buidgist�. �
Such w.ri.tten r. equest shall contain a statement deelari ng
:and :affirming .' that all expenditures were
'accordance with the approved ;budget 'All:,,docurpegtm#��At1 rI ����,
su ' or. t ' of su`eh re uP t ;..: a r�,;�
pp- q .s . shall{ be'. '$ubec ho .ap�rvl
CITY at" =t'he' time i-hie, 'reques*" s made and- . nVbi,ce�s�f��r����� ,
requi.'red to 'be paid° by GRANTEE prfi:or to F aubm3 seiir#h.n{7L�
lre3:mbur. sements moat be i.n'° 1i.ne'-item 'form a`tid" be Y' "� 11, , . t
w .t 'this A�reemeu*': A] l expenJ tires 4
-mu `ba �v�ti' 4�+ {OWn
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PiyC-'7A'4r z
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or i c
to
subn
chef
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a
invoice wi.f:h a
copy of Oe check which
was used
that specific.
invoice. Within 60
days of
g reimbursement
request-., copies of the
cancel.teA
call be submitted, In the event that an
invoice
►y various funding
sources, a copy of the
invoice
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invoice.. No mi scel.taneous categories shalt be accepted as
a line item in the budget. Request for line -item changes f
are a l.lowable, with prior review and approval by the CITY.
All line -item changes must be marle prior to the end of the
term of the agreement.
C. Requests for payment shoul.d be math at least on a monthly
basis. Reimbursement requests shoutd be submi.tted.to the
-
CITY wi:thi:n thirty (30) ca.l.endar days after the
indebtedness has been i.ncur.red. Failure to comply may
result. in the rejection for r. epayment of, those invoices
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within the reimbursement package which do not meet this
requirement.
D. GRANTE.E must:: submit- the final request for payment- -_to the
'
CITY-; within 30. "catendar.. days .fol_towi.ng the :expi ratifln date F
or termi.nati.on. date of,'' this :Agreement`.., ,If the G2ANT)aE
fails to :.comply, all rights, ; to, payment-, .,area forfeited and ,yh
,.
the CITY shall. , not honor .any request ; submitted ' a£ter . ;the
aforesaid agreed .upon period.
_=
E.. Any, payment due under. this Agreement. may ; he wi.thhel,d '
pending the. receipt and approval: _by the CITY of a l $y
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reports due from .the GRANTEE as a,,'part , of this. cotltralp
and: any,modi.fications thereto. k
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3.3
FINANCIAL ACCOUNTABILITY
CI,T,Y. reserves the riglxt to ,audi:t:, hhe_.. records, o .GRANx:
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an t ,me duri.nr� = the performance of this Agr. Bement; an or
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period of three years after.: i inert payment is made ;under. t•hi$ �"3 .
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Agr, eemen+ . ; GRANTEE to provide a I V, financial.' and 4F.h+� ' r
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.agrees
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:app : ,jcable•,• xecor4, ..and. docptnea at,j.on : of�<,�seryXcp$¢� t•,q�.Af����t��,
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ii#ny_ pay ent .f:horet:ofgre mallet= 04a],l, : be S b e4t F,o a 6trfi 4,
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for amounts included in the related invoice wh i:Ch ara found
by CITY, on the basis of such audi.t, not to constitute '
allowable expenditures, Any payment-s made to GRANTEE are
subject to reduction for overpayments on previously: submitted
invoices.
3.4
RECAPTURE OF FUNDS a
I
CITY shall reserve the right to recapture funds when 'the
GRANTEE shall fail (.) 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.
3.5
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 authori.zati.on, reduction of funds, and/or change .n -:�
regulations.
3.6
SALARIES, FRINGE BENEFITS, JOB.DESCRIPTIONS
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To be eligible for. reimbursement .for. personnel. costs, GRANTER -'
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shall submit to. CITY . for., ' prior_ written approval; i.n
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accordance with - U.S. Department •'of• :; ,Labor gui.del.ines,.
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detailed 'statement of the.* personnel. policies of GRAJ+ITEE.
These personnel policies are to i.ncl.ude# but are not lianited `
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to, -.pay: schedules, - fr-i.nge ..benefi f-s ` resumes = 'from staff,° 7w''
method; used- to compute vacations and :.11.. time;-.wo.rki ng -.hours,
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office procedures, paid holidays, computation of.-.wages,':job
descriptions to, include qualifi.cations for job, an
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affirmative action plan, an equal employment opportunity ,
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statement, disciplinary ; procedures and methods,,- and. f6T,*mAfi
fore- and . frequency of: employee evaluations. The 'CITX-: shali
not: _ reimburse ..>GRANTEE : for. , family Health' ''care- 'insurainoe"�
premiums, nor.._ shall , trhe'" ;CITY}, : rei.mbu rse , ; GRANTEE: for' emp3l.o�$s�
retirement benefi.f s.. � z , �� � � s� 0
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ARTICLE IV
4.1
PROJECT PUBLICITY z
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t .+._a�i4�.on r. gut. +',iou
GRAt1TFB,: -shall a�•b..i.de by ; ,aff�.;�-ma'Ve �
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�Scrmi}g . x�ss'dnt a-.: of ..the.-.7 ggs?graph i.ca1. aka itc=e ary
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.. �:: ' , . .. :' .. i�+a}.fi��{'�i$.�v'.•c.,, ; ^k. &{Y f f . 4� �/4 a .� _ - _ _ _.
hereuhdat and of the services to be offered by uti.li ti.ng any
available means for advertisement, as necessary for
recruit-ment and ou*reach.
All literature, advertising, publ.i.ci f-.y or proinaf-Jon regarding �=
GRANTEE's activities will. be submitted to CITY for review and
approval prior to release or di.stributi.on. No press
conference shall. be scheduled w.it.hout written notice to CITY. s
4.2 NONDISCRIMINATION
GRANTEE agrees that it-. shall not di.scrimi.nate as to race,
-�a
sex, color, creed, national origin or physical. handicap in
connection with its performance under this Agreement.
4.3 CONFLICT"OF INTEREST
GRANTEE covenants that no person under i.ts, employ who
presently exercises any functions or responsi.bi..li.t es Jn -`
connection with this Agreement has any personal financial r "'
interests', direct or indirect-, with CITY 'except as permitted
pursuant to this Agreement GRANTEEfurther covenants thtit,
in, 'the performance of this Agreement, no person' having ?a
conflicting interest shall' be' employed Any such in' t recta
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on the part. of GRANTEE or its employees, must be, disclosed 3:n
writing to CITY. y' �>
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GRANTEE 3.s ' awar. a of the` conflict of interest laws of the City
141
of Miami (Ci.ty of Miami 'Code"''Chapter. 2 Arti:cle" V) ° 'Dade
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Count F1b' id (Dade' Count Code Section 22-11. 1) and .the
State of Florida, and agrees" than itt-� shall full comply 3.n
all respects with thez terms of said'claws:'`
X
4.4 INDEMNIFICATION
GRANTEE shall indemnify, defend and save ` CITY liarmless from 3'
1
and against any and all claims, li.abili.ti.es, Losses, . and �
causes Of action which may ariseout of GRANTEE's activtti.es , F�Fw'
under — th s 'Agreement; i.ncludi.ng ,all'"other acts' Or Omi,B$#,ons
t GATEE, .ncludany"'pson acto acon the air" '
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for or.""=on"'ias behal.fs'"from and aga3:nst any rei-sysitt oar
judgments; •'`or decrees', wt i dh.* may i e, litexed agai leis ' t. ie'
!; and from end agat; a instil ocets; attorneys fees,
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iLed,;'.derayycurrehe. CITYi'?and Y
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such claims ' or in the investigation thereof.
4.5 COMPLIANCE WITH FEDERAL# STATE# AND LOCAL LAWS -
Doth parties shall comply with a3.1, applicable taws, A
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ordinances, and codes of federal# state and local.
governments.
4.6 AMENDMENTS
No amendments to this Agreement shall. be bi.ndi.ng on either
party unless in writing and sighed by both parties.
4.7 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 shallbe subject to the terms and
- conditions of this Agreement. Proper documentation in
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accordance with the DEPARTMENT 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 i shall include the ,following: -
x;:
A.. Identi.fi,cation of the subcontractor and services to -be'
pr..ovi.ded. rt}:
- it
B. The, proposed subcontract, together. w3.th, _a complei:e
_ accurate breakdown of, the price on a comp onent-by-t.
component basis, and all bid documents
C. Identi.ficati.on of the :type of subcontract to.be-useds
D. Summary of actions taken to select the,.subcontractor. r.
Nothing contained herein shalt create any contractual
-Y;
relationship between CITY and any subcontractor. working
for. GRANTEE.
4.8 OWNERSHIP. OF DOCUMENTS E
ss ,
Aldocuments `develope3 by GRANTEE: under thi 13,l l�greement shaY�i"' `
be ,de].i.vered to;; CITX` by :said GRANTEE upon ,comptetior� of�' f• ti�
P
services required .pursuant to:. J.a.;Agreement and shall}t eco t+E� fi s °
the' !.properoiler. tX of CITY, wi.t�hout re tr'i.ct i.at or ti ai tte►t �, �3 t" 3
r{
jts..use• eGRANTRE agrees that all d4cufne>t}ts# vjw t--A
f c t i7[�?kNy?�Sr 7
generetedi . pursuant . tp '.'*hi.s ;.conkr•actuai. �' mtiQnt�hi ►� � ti +s t1,?'
f A
T-.
CITY
Public
It i.s
'f u
GRANTED shalt be subject t.o all provisions of .the F
?corals Law, Chapter. 119, Fl.,)ri.da Statutes•
rthor understood by and bef.wet'_n the pariJes that, any
to this Agreement shall. at all times remain the property of j
CITY and shalt. not be used by GRAN'VX-J-: tor any of -.her purposes
whatsoever without the written consent. of CITY.
4.9 AWARD OF AGREEMENT
GRANTEE warrants that if-. has not employed or retained any
person employed by the CITY to sot.icit or secure this
Agreement and that i.t has not offered to pay, paid, or. agreed '
to pay any person" employed by the CITY any -fee, commission
— y.'
percentage, brokerage fee, or gift of any kind cont3.ngen+-•
upon or resulting from the award of t:hi.s Agreement.
fr.
4.10 NON-DELEGABILITY
The obligations undertaken by the GRANTEE pursuant to this
Agreement shall not be delegated or assigned to any other
- person or firm unless CITY shall. first: consent in writi.ng,.,to
the performance or assignment of, :such •ser-vices-.or, any part
thereof by .another, person -or.: firm. _
4.11 CONSTRUCTION.OF AGREEMENTw
This Agreement shall. be construed -and ,enforced, according'':rto
the taws -of the State of -Florida. i
4.12 OBLIGATION TO RENEW;
4.
Upon expiration of the term of this Agreement, GRANTEE.agrees
wt
and understands that CITY has no obligation to ;.renew.thiia
Agreement..
4.13 TER14INATION OF CONTRACT r..
CITY retains the right-. to .terminate this Agreement at arty { V_ a'
ZN
:f t:i.me ; pri.or; to the : completion of. the sexvi.ces' re. uxr. A . {
j
pur. suant , ,to this Agreement., wi.thout.: penalty tq :;G�T�-• � r �� r, is d f, E
evert, . _notice of tsrini.na+ ion pf >thi.e ?}greement•.,sha�
x r <Ftrr
GRANTEE, wt19 _shaii..be ;paid .fo tt�Q e 3 3 ►� c, fi K�j F` t
peorrecd . pri.or, . to the ," date ;f . ats.:recei.pi'
Y
t
3 y
t
r aY? ,_ termi.nat o�n;. In .- no caso, .hs�•�►�ve � , �� 1X-
amoust eKCe$9 of, ,+Rhe total" .$ provi.de l ` ►X t�'�h n ; $ ' a" �}yn.kv
-12
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it is hereby understboil by and 'between CITY and dRANT91t that
any payment: made in accordance w=.11i this Sect i.on to ORANTElt
shall be made only if said GRANTEE; i.s not in default under
-
the terms of this Agreement. if. GRANTEE 3.9 in default# then =
CITY shall in no way be obligated and shall not pay to
GRANTEE any sum whatsoever.
4.14 GENERAL CONDITIONS
-
A. 'All noti.ces or other communications which shall or may be
given pursuant to this Agreemenr. shall be in writing and
shalt be delivered by personal service, or by registered t1`
mail addressed to the other party at the address indicated
herein or as the same may be • changed from time to time. _
Such notice shall be deemed given on the day on which -
personally served; or., if by mai.1, on the fifth -day' after
being g posted or the date of actual receipt:, whi.che�er. is
-
earli.er.
CITY OF 14IAMI GRANTEE
3500 Pan American Drive The` Alternative- Programs," Inc'
Miami.,, Florida 33133 710 N.W. 62 Street
Miami_, Florida' 33150
;t
B. Title and `paragr. apli he are for conveni.etit reference
_
zt
and are not apart of'this Agreement.
`terms
C. In the event of conflict between the 'Of.*this t'
Agreement: and any terms Or -condi.ti.ons 'contained in any
_
attached documents, the terms in this' Agreement shalt Y,
f
control
D. No waiver or breach of any provision of this Agreement
shalt constitute a waiver of any subsequent: breach of the.`
<
same or any other provision hereof, and no waiver shall. be F
effective unless made in writing.
E. Should any provtsi,ons, paragraphs, sent:gnces, worsts or ` s
. . f
phrases contained in this Agreement be' dei erjp3,ned by
"
court of competent juri.sdi.cti:on to be invalid, t i.eg'a 3
terF� {1
otherwi.se't unenforceable under, ttie ?laws` of
Florida or the City of-'Miainlo' such- provi:s3.ona,
sentences, words or plir.ease sh 114 `b9eemed
t:hs extent, necessary in -or der *o
f
a4nform
11
or if not modifiable to conform wit -It such Laws,
shall be deemed severable, ant] in either event, the
remaining terms and provisions of this Agreement shall In
i
remain unmodified and in full force and effect-.
4.15
INDEPENDENT CONTRACTOR
GRANTEE and its employees and agent-s shall be deemed to be -
independent contractors and not agent-.: or employees of CITY# -
and shall not attain any rights or benefits under the civil
Service or Pension Ordinances of CITY or any rights generally
afforded classified or unclassified employees; turther, they
shall not be deemed entitled to the Mori.da Workers'
Compensation benefits as an employee of CITY.
4.16
SUCCESSORS AND ASSIGNS
This Agreement shall be binding tipon the parties herein,
their heirs, executors, legal representatives, successors, r
and assigns.
4.17
DEFAULT PROVISIONS #
:i
;
..
In the event that GRANTEE shall fail to comply with ieacV,.and
every, term; . and condition -of this " Agreement or. , :fails to
perform any of the terms and conditions contained herein, -
then . CITY, at; its sole option, upon : written, ;notice
13
GRANTEE, may cancel and terminate this ..A reement, and aX I
payments, advances, or other..comPensati.on paid to GRANTEE by i
-
CITY , while GRANTEE was in default of the provisions herein
contained shall be forthwith returned to CITY. M1
.
e
s-.
ARTICLE V.
GRANTEE CERTIFICATIONS
5.1
GRANTEE certifies that:
A. It possesses the legal authority to, enter i,ntp
Agreement by, way of a resolution, tnption, or. siaiai I"
action_ that has, been duly adp�ted qr passed :as an; o£fJ�
J
act, o£,.GRANTEE's governing body, authorizing " the , execu ,.. Oc
r,
c£ the Agreement, i.nclutii.ng as l _understar�si.ngs#i
assurances contained tiere.n end di recti »j s4U'
, zn aida t►or.�
the,,person idjpgti.fi.ed as the official repre$entati,vet Qf }L�
rye
the taitANT:E tsQ act ill pop�lect:_.QA w.th ,,fh@, fAgrgemstd
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provide such additional information as may be required.
13. It shalt. comply with t-.he provisions of the Tlatch Act which
ti.mi.ts the political. �acti.v,i.ty of emVl.oyees.
C.
No program under this Agreement shall involve political
activities. r
D.
It shall prohibit employees from using their positions for
a purpose that is or gives the appearance of being
motivated by desire for private gain for themselves or
others, particularly those with whom they have family,
business, or other ties.
E.
Participants or employees in the program pursuant to this
Agreement shall not be employed on the construction,operati.on,
or maintenance of that part of any facility
which is used for religious instruction or. worship. ;
F.
Appropriate standards for health and safety in work and
training situations shall be maintained.
G.
Persons employed in public service jobs under. this
Agreement shall be paid wages which shall not be lower
than whichever is the highest of (a) the minimum wage
which would be applicable to the employer under Federal
standards, - (b) the State or local minimum, wage for they
-
most nearly comparable covered employment, or. (c) the ,0 -
prevailing rates of pay for persons employed in similar
occupations by the same employer.
H.
It shalt comply with the Civil. Rights Act as amended. x j
I.
It shalt comply with the regulations and requirements of
the Office of Management and Budget Circular A-102,
"Uniform Administration Requirements for Grant-i.n-Aid.,to
State and Local Governments," and -Federal Management
—
Circular 74-4, "Principles for. Determining -Cost 3
Applicable to Grants and ContractS with State and LOCO
,
Governments." y
J .
t
I t shalt comply with the Anti -Kickback 'Ac ,• : Tit le I8 tTe 4 ,lrr
Section 874, and provisionsof the Federal 14abQr
Standards, Title 29.
n K.
It shalt comply wi.t2r the procedures set, forth
15
4
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A, .-a. G-t,y,f +, '.+ !`'.fa,•S'{� i .. `tf,,..t . `6t�i3'at?"d -.
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110 N.V. 62 a Street �>
w Miami* Piotida 33150 Submitted in public �
.:.
record in connection with
item � on �_• ' , j
A. STATENENfi Off' THE PROBLEMs
Matte Hirai`
1 ej�} The Metropolitan Dade County Corrections and Re�tYL a on Department
has been faced with the on -going and spiraling problem of jail overcrowding
i and the imposition of severe monetary fines resulting from the increased
1
offender population that it exceeds the maximum allowable Dade County capacity
t� of 1.388.
I Y
As of January 20, 1989, the Dade County jail's population was counted
at 2.136 incarcerated individuals. The seven hundred forty eight (748) in-
mates who are reflected as part of the jail 'over population' statistics, as
noted above, represent a double financial burden on both the county's and the
state's fiscal planning. In addition to the individual (per inmate) cost of
penal institutionalization the County is further assessed a per inmate fine
for each day that the jail overcrowding situation prevails.
The estimated cost for maintaining seven hundred forty eight (748) {
F
more inmates than the allowable maximum local capacity is calculated to be
approximately $31,042.00 per day plus an additional one thousand ($1,000.00) :—
dollars per day for the duration of the overcrowding period. A review of the -
above noted statistics suggests the pressing need for maintaining a viable
program which offers a workable and worthwhile alternative to incarceration. r'
THE ALTERNATIVE PROGRAMS, INC., Alternatives to Incarceration Project -
provides non-violent offenders, the criminal justice system and the taxpayers =;
with a reasonable, acceptable and satisfactory solution through its program `
services.
B. PROGRAM DESCRIPTION AND ACTIVITIES: fi
The case worker receive referrals from the court, probatiou'and
corrections system practically on a daily basis. The referrals range from,.
requests for custody releases, community service placements, mitigation of, f ,
sentences, to requests for, jobs, job training, housing, and, court appearances.
r
The case. workers. provide both,41rect services to clients and refer them to ;� s
appropriate agencies -for such services as housing, job. training, and health
services.. The services are .racordsd oa as intake foam. In .addition, the �e�?
t'z
�. case workers,interface. with judges,;. personnel from the State Attorney'
P. 1
1 Office, Public Defender's Office, Corrections, Probation and Parolee State•'. 1
County and municipal police as well an with community based sertia+� providers, Y �;•�
t+:
r �
+C�►+5�1'i��
M
110 N.W. 62k4 Street
Miami, Vlorids 33180 °1
(10S)ISS-4187
The Executive Director supervises staff, monitors on an ongoing basis
the attainment of the projects objectives, and prepares monthly internal
reports as well as the quarterly and final reports for the Metro -Dade Depart-
'ant of Justice Assistance. Monthly and quarterly progress reports are prepared
and evaluated by the Executive Director and validated by the Board Director.
The final report will be submitted by the Executive Director thirty days after
the termination of the project. Records are securily and confidentially re-
_
tained by the project with client information maintained in a computer data file.
i
/
By analyzing the data, the executive director will be able to pinpoint
problem areas that need corrective action and follow up on stated deficiencies,
such as the need for more coordination among corrections, court personnel, and
referring agencies. The data will also be used to point out to funding sources
the costs -effectiveness of the project and the need to duplicate this model
throughout the state. A final progress report will be submitted to Metro -Dade
Department of Justice Assistance within 30 days following the end of the grant
period.
All reports required by the State Department of Corrections will be :1{
provided as stipulated by applicable regulations and guidelines. 'a{"
C. MEASURABLE OBJECTIVES/STANDARDS:
_
The overall objective of'The Alternative Programs, Inc..'is to'providi'
the courts with -alternatives to incarceration and provide restitution to society'`
by offenders providing services to the community through governmental and pri-
vate non-profit agencies.
The specific objectives by which the project will be measured are: "r
1.) To accept 200 client referrals per month from the courts.
2.) To intervene with the criminal justice system on behalf of
�.
200 clients per month.
3.) To place 150 clients per month in private, non-profit or govern- µfry
mental agencies to perform community service work. yM rtr'k 3
4.) To provide information, referral and support services to 200
clients per month.
1
5.) To develop,and implement a record keeping system which will prpvidtlt�;�,k
client data and case results.
0
/.1
—
try 1f�
Submitted into the public'
record in with connection 4 >`
Item
o
mral.
Y
• (/�f■ r _
110 N.V* 62nd Street
Miami, Florida 33150
(305�7S8-i187
Di IVALUATIONI
LW "`.
The project will be monitored by the Metro -Dade Department of
Justice Assistance on a quarterly basis in order to generate relevant infor-
mation needed for adequate management and to determine the effectiveness and
cost benefit of the project for future funding requests._
!.
E. RESOURCES:
14
The project will be enhanced through its relationship with the Metro -
Dade Department of Justice Assistance. Funding will be channeled through its
??
office and earmarked for use in The Alternative Programs, Inc. In addition,
Metro -Dade Department of Justice Assistance will insure that the implementing
{
agency is in compliance with contractual requirements.
These activities include, but are not limited to the followings
1. Fiscal programmatic and administrative monitoring.
2. 'Reviewing payment requests.
3. Evaluating program effectiveness through its Management
Information System. ..
4. Providing ongoing technical assistance.
{�
More, program has established linkages with the _State, _AttoineyIs.Office,
.the
Public Defender's Office, Metro -Dade Police Department, and Courts. These.;:.
relationships have enhanced the programes ability to provide more comprehensive
service 'delivery.
'1
®
Submitted into the public
;
record in connection with : °':
item d _on 3.3•
MaitY Hixdi
City Clerk
a
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WY 4W MIAMI, "JOIRIVA"
SN'taft-orrocit MWORANOUM
The Honorable Mayor and Members
of. the city cIDIOM o"Rissloft FEB 2 3 19 "M
Resolution A. locating
Alternative Progr6inst
Inc. $50,000 from the
General Fund
Cover H. Odio
City Manager
RECOMMENDATION
It it respectfully recommended that the City Commission adopt the
attached resolution - allocating $50,000 from the General Fund
budget of the Department of Community Development to the
Alternative Programs, Inc. to provide a case management program
to refer clients to agencies providing job training, housing and
health services and further authorizing the City manager to enter
agreement with the aforesaid Agency, in substantially the
attached form.
BACKGROUND
The Department of Community Development has prepared legislaition
allocating $so,00b from the General -Fund budget of the Department
of Community Development to the Alternative Programs, Inc. to
provide a case management program to refer clients to agencies
providing job training, housing and health services.
In light of the recent civil disturbances in Miami, it has
become apparent to the administration that the program offeredby
the Alternative Programs, Inc. is a viable step to, address the
criti.cal needs of the inner City population. This hgenc
Y
oppraten an "Alternatives to Incarceration Project" which
provides solution -oriented options to nonviolent offendero'L. the
criminal. justice system and the taxpayers. Ily meeting the,,:
critical needs of these offenders, the hgenCYL
offers an
ar alternative to a life-style of crime. At the same time, the
criminal justice system and reducing the overall expenses of
impacts on the overcrowded jai.1 conditions in
rim ....... ......
progr,
maintaining an incarcerated person.
The aforementioned allocation would provide for a caseworkOr. Who
would receive referrals from the court,, probations and"
corrections system an a daily basis. The caseworker provide
direct services to clients by referring them to appr6priate
agencies for such services as housing, job training and. hea.Lf-.b*
care. The program provides alternatives to incarceration and.
restitution to offenders through community service activitie• s
with governmental and private -non-profit agencies*
Z'
SO
_T
4y
i
}
f,. Honorable Mayor: and Members 2
-j of the City Commission
'i Adoption of the proposed resolution, aalocates $501,000 f rom the
General Fund Budget of the Department of Community Development to
the Alternative Programs, Inc. to, provide the aforementioned
program and further authorizes the •city Manager to enter into
agreement with said Agency .in substantially the attached form.
Attachment:
Proposed Resolution
-� Proposed Agreement
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