Loading...
HomeMy WebLinkAboutExhibit-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI PARKS AND RECREATION SERVICES AGREEMENT WITH FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. (FOCAL) THIS PARKS AND RECREATION SERVICES AGREEMENT is entered into this day of , 2010 ("Agreement"), (but effective as of the commencement of the term of this Agreement on the "Effective Date" as defined below), between the City of Miami, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 8`b Floor, Miami, Florida 33130, (hereinafter referred to as the "CITY"), on behalf of its Department of Parks and Recreation (hereinafter referred to as the "Department" or "Parks") and FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., (FOCAL) a Florida -not-for-profit corporation, whose principal address is 946 N.W. 46th Street, Miami, Florida, 33127 and whose mailing address is P.O. Box 370036, Miami, Florida 33137-0036 (hereinafter referred to as the "PROVIDER") FUNDING SOURCE: Non -Departmental Account TERM OF AGREEMENT: FROM OCTOBER 1, 2009 TO SEPTEMBER 30, 2010 AMOUNT: Ninety four thousand and four hundred fifty two($94,452) PURPOSE: To provide after school tutoring, counseling and computer_ training and educational services at Moore Park Recreation Building CITY COMMISSION APPROVAL REQUIRED: Yes SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PH.1 ON a -u -.o , THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Provider's Information: EXECUTIVE DIRECTOR: David Chiverton PROGRAM OFFICER: Barbara Hardamon CONTACT ADDRESS FOR SERVICES: 765 N.E. 36`x' Street, Recreation Buildine, at Moore Park TELEPHONE NO: 305-756-6762 and 305-343-5666 RECITALS WHEREAS, the City owns and the Department operates the real property known as Moore Park located at 765 N.E. 36`h Street and the personal property contained therein; and WHEREAS, pursuant to Section 18-86(a)(3)(c) of the City's Code, the City through the Department has established that it is of benefit to the public for not-for-profit organizations to undertake services related to cultural, educational, recreational or park activities within City parks; and WHEREAS, the City is interested in continuing the after-school tutoring, counseling and computer education and training services being provided by Provider for young adults at Moore Park; and WHEREAS, after the required duly noticed public hearing, pursuant to Resolution No. adopted on , 2010 (the "Authorizing Resolution"), the City Commission has approved by the required 4/5ths affirmative vote the selection of Provider and has authorized the City Manager to enter into this Agreement to provide for the Services stated herein within Moore Park; and WHEREAS, subject to the applicable laws and requirements set forth herein, Provider possesses the ability and desires to provide such Services to the City. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN HE SEEN AT THE END OF THIS DOCUMENT. NOW, THEREFORE, in order to carry out the intent as expressed herein and in consideration of the mutual covenants and obligations herein set forth, and other good and valuable consideration, the sufficiency of which are acknowledged by the parties, the City and the Provider understand and agree as follows: ARTICLE I 1.0 RECITALS AND INCORPORATIONS The foregoing recitals are hereby incorporated and made a part of this Agreement. All attachments hereto are hereby incorporated in and made a part of this Agreement. f��:�:[.�[�].»L�li�f�i ul ► K 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 Department: 1.2 Provider's Not -for -Profit Corporation Resolution authorizing execution of this Agreement. 1.3 Provider's Work Program setting forth the Services to be provided under this Agreement. (ATTACHMENT I) 1.4 Budget Summary, to include: completion of PROVIDER'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. 1.5 Certificate(s) of Insurance which reflect the requirements of the City's Risk Management Department as set forth in ATTACHMENT III hereto regarding PROVIDER'S current THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 or current Crime Coverage Insurance (applicable for all persons who are authorized to receive and disburse funds under this Agreement); flood insurance coverage if applicable; and other coverage(s) as deemed necessary, if applicable (i.e., automobile insurance). 1.6 PROVIDER's Corporate Seal (to be fixed to Signatory Page and Not -For -Profit Corporation Resolution). 1.7 Copy of PROVIDER's Articles of Incorporation, Charter and Bylaws and amendments thereto, if any, certified by PROVIDER's secretary to be current, complete, and correct. 1.8 List of Present Principal Governing Board Officers and Members of the Board (names, addresses, and telephone numbers). ARTICLE II 2.0.1 DUTY TO OPERATE FOR PUBLIC PURPOSE. Provider shall at all times during its provision of the Services set forth in the Work Program, and as otherwise contemplated by this Agreement, maintain an active status in good standing as a Florida non-profit corporation. 2.1 PROJECT PUBLICITY PROVIDER 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 PROVIDER. All newspaper, magazine, television, or radio advertising regarding PROVIDER'S activities will be submitted to CITY for review and approval prior to release or distribution. Provider shall provide the DEPARTMENT with copies of all other 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. literature, publicity and/or promotional materials regarding the Services being provided under this Agreement. No press conference regarding the Services being provided by Provider under this Agreement shall be scheduled without prior written approval by the CITY. 2.2 PURCHASING AND INVENTORY PROVIDER 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 (3) bids for the purchase of capital equipment. The three (3) bids shall accompany all requests for payment. Provider 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) and shall reimburse CITY for such damage or destruction. PROVIDER shall establish and maintain a property control system and shall be responsible for maintaining a current inventory on all capital items purchased with CITY funds. All capital expenditures over five hundred dollars ($500.00) must be approved by CITY in writing 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. PROVIDER shall permit CITY staff access to the premises where property is kept for the purpose of performing inventory monitoring functions. PROVIDER shall not dispose of real or personal property purchased with CITY funds through sale, loan, lease, or relocation without receiving prior written approval of the City Manager. 47 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2.3 SUBCONTRACTS PROVIDER 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, including but not limited to, the audit, inspection, insurance and indemnification provisions hereof. Proper documentation in accordance with the PARKS and CITY Code 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 and all proposed exhibits and attachments thereto, 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. Nothing contained herein shall create any contractual relationship between CITY and any subcontractor working for PROVIDER. ARTICLE III 3.0 PROCEDURES 3.1 TIME OF PERFORMANCE The term of this Agreement shall be from OCTOBER 1. 2009 - September 30, 2010. Subject to the contingency provisions of Section 4.5 hereof, the City shall have the option to renew this Agreement for the same amount and under the same terms and conditions C. for a one (1) year period subject to the recommendation by the Department and approval by the City Manager. 3.2 CITY AUTHORIZATION > Pursuant to Section 18-86(a)(3)(c) of the City Code and the Authorizing Resolution, the o 3 City Commission approved the selection of Provider and authorized the City Manager to execute this Agreement, under the terms and conditions set forth herein. For the purpose zof this Agreement, Parks shall act on behalf of the CITY in the fiscal control, nW2 er 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 Services and correctly sets forth 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 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 OBLIGATIONS OF PROVIDER The PROVIDER 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 I) 7 > 3 (A s and shall follow the Budget (which by this reference is incorporated herein and made a nom— v part of this Agreement as Attachment II) and shall maintain the Insurance and Bonding 0 C Requirements (which by this reference are incorporated herein and made a part of this �nzz p Agreement as Attachment III) in a lawful, and proper manner, satisfactory to the CITY, in vyL°> p z n accordance with the requirements as prescribed in this Agreement. Provider shall comply ^wz 3 �r r--' with all applicable federal, state and, local laws, ordinances and regulations and Provider shall comply therewith as the same presently exist and as they may be amended from time to time. 3.5 NON-DISCRIMINATION The PROVIDER 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, PROVIDER 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, PROVIDER shall maintain insurance and bonding coverages acceptable to the CITY's Risk Management Department. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance and bonding or equivalent crime coverage insurance indicating that the PROVIDER is in compliance with the provisions of this article. PROVIDER shall provide the following coverage's on Attachment III "Insurance and Bonding Requirements" hereto and made a part hereof: a) Insurance coverage that reflects sound business practices acceptable to the CITY's >a�m n X00„ rr; Risk Management Department and that requires the insurance carrier to give the oCITY at least thirty (30) days previous notice of change, termination, cancellation or O� e expiration of insurance policy. b) Fidelity bonding or crime coverage insurance for all persons handling funds received C z C� 7 y 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 or other designation as applicable. c) Current liability insurance shall be in amount of not less than $2,000,000.00 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) PROVIDER 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 PROVIDER is to be reimbursed for mileage by the CITY. e) The PROVIDER shall obtain Workers' Compensation and Employers' Liability coverage as per statutory requirements. Compliance with the foregoing requirements shall not relieve the PROVIDER 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 Services occur, PARKS is to be notified in writing immediately, giving all pertinent details and indicating when Services shall begin, and/or continue. It is understood and agreed that the level of Services, activities, and expenditures by the PROVIDER, in existence prior to the X 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 displacement of employed workers, impair existing contracts for other 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 10 3.8 REPORTS, INSPECTIONS, MONITORING. AND EVALUATIONS At the request of CITY or the Department, PROVIDER shall transmit to CITY written statements of PROVIDER's official policy on specified issues relating to PROVIDER >M Y _ activities. The PROVIDER shall submit quarterly progress reports, schedules, and any other reports and documentation as the CITY or the Department deems necessary, and 03 =� z z which will reflect the status of objectives and program activities accomplished thus far, in z� T>o� Cn n > addition to budget changes and costs expended during the reporting period. PROVIDER nz shall ensure the cooperation of its employees and Board members in such efforts. The z CITY and/or Department staff may conduct inspection and monitoring visits monthly, quarterly, or at random at anytime. Any inconsistent, incomplete, or inadequate information either received by the CITY or the Department, or obtained through inspection, monitoring and evaluation by the CITY or the Department shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. ARTICLE IV 4.0 FUNDING 4.1 COMPENSATION, AUDIT, AND INSPECTION A. CITY shall pay PROVIDER, an amount not to exceed ninety four thousand, four hundred and fifty two dollars and no cents ($94,452.00) as the maximum compensation for the Services provided, including any and all expenses incurred during the term of this Agreement. Expenses shall be reimbursed provided they are properly documented and submitted with sufficient supporting details in accordance with Section 112.061, Florida Statutes, by receipts or invoices and made in accordance with the schedule set forth in the Budget, which is attached hereto and made a part hereof, as may be reasonably required by the City to allow proper audit of Provider's expenses, should the City or the Department require an audit to be performed. B. During the term hereof, and for a period of three (3) years following the date of the 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(s) 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 PROVIDER 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 receipt or original invoice, with a copy of the check, which was issued to pay that specific receipt or invoice. Within sixty (60) days of receipt or invoice payment, copies of the canceled checks must be submitted. In the event that a receipt or an invoice is paid by various funding sources, a copy of the receipt or invoice may be submitted, but must indicate the exact amount paid by various funding sources equaling the 12 last payment made hereunder, the CITY and the Department shall have the right to a W .� c review, cause to be reviewed, inspect, cause to be inspected, audit, and/or cause to 6-30 c 3 be audited the information, expenses, time records, and related books, files, and ono, o Z records of PROVIDER, pertaining to the Services provided by Provider and/or G ! payments by CITY. Provider agrees to maintain such information, expenses, time C17 ^az records and related books files and records at a location within the City for a z� .32 period of three (3) years after final payment is made under this Agreement. 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(s) 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 PROVIDER 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 receipt or original invoice, with a copy of the check, which was issued to pay that specific receipt or invoice. Within sixty (60) days of receipt or invoice payment, copies of the canceled checks must be submitted. In the event that a receipt or an invoice is paid by various funding sources, a copy of the receipt or invoice may be submitted, but must indicate the exact amount paid by various funding sources equaling the 12 total of the receipt or invoice. No miscellaneous categories shall be accepted as a line -item in the Budget. Two (2) requests for line -item changes are allowable, with nv= prior review and approval by the CITY. All line -item changes must be made on or n z -q C7 before thirty (30) days prior to the end of the term of the Agreement. v�Oa3 ILI y� C D. Requests for payment should be made on a monthly basis. Reimbursement requests v a �° should be submitted to the CITY within thirty (30) calendar days after the Gzn 3 ��, indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those receipts and/or invoices within the reimbursement package, which do not meet this requirement. E. PROVIDER must submit the final request for payment to the CITY within thirty 30 calendar days following the expiration or termination date of this Agreement. If the PROVIDER 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 PROVIDER as part of this Agreement, and any modifications thereto. G. In order to fund the operations of the sports program, upon execution of this Agreement and with a written request from PROVIDER, CITY may advance one - twelfth (1/12th) of the appropriated funds to PROVIDER. The advance shall be repaid as follows: ten (10) equal monthly installments commencing the 1St day of 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 PROVIDER is in default 13 under this Agreement or if Provider is in default under any other agreement or contract with the City or regarding any other obligation to or requirement of the City. 4.2 FINANCIAL ACCOUNTABILITY = c x CITY reserves the right to audit the records of PROVIDER at any time during the t b performance of this Agreement, and for a period of three (3) years after final payment is �'• Cn p3 made under this Agreement. PROVIDER agrees to provide all financial and other 9i z > C applicable records and documentation of Services to CITY. Any payment made shall be OZn subject to reduction for amount included in the related invoice, which are found by CITY, [�> r on the basis of such audit, not to constitute allowable expenditures. Any payments made to PROVIDER are subject to reduction for overpayments on previously submitted receipts and/or invoices. 4.3 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the PROVIDER shall fail (i) to comply with the terms and conditions of this Agreement, (ii) to accept conditions imposed by CITY, at the direction of the federal, state, and local agencies, or (iii) to comply with the terms and conditions of any other agreement or contract with, obligation to, or requirement of the City. 4.4 RELOCATION, ACQUISITION AND DISPLACEMENT The PROVIDER agrees to comply with City of Miami Code, Ordinances and Resolutions, and City policies in relation to the acquisition and disposition of real property utilizing grant funds, to the provision of services in City parks, and to the displacement of persons, businesses, or non-profit organizations occurring as a direct result of any acquisition, or disposition of real property utilizing grant funds. 14 THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF TRIS DOCUMENT. 4.5 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds, and continued authorization for program activities and services, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. ". W0weaA 5.0 GENERAL REQUIREMENTS 5.1 INDEMNIFICATION PROVIDER 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- performance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of PROVIDER or its employees, agents or subcontractors (collectively referred to as "PROVIDER"), regardless of whether, it is, or is alleged to be, caused in whole or 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 PROVIDER to comply with any of the paragraphs herein or the failure of the PROVIDER to conform to statutes, ordinances or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. PROVIDER expressly agrees to indemnify, 15 defend, 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 PROVIDER or any of its >ee�—� -�>�_ n M - subcontractors, as provided above, for which the PROVIDER's liability to such employee �^=jC vor former employee would otherwise be limited to payments under state Workers' O zz Compensation or similar laws. Cz > PROVIDER further specifically agrees to indemnify, defend and hold harmless the M > 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 PROVIDER performance hereunder, compliance with which is left by this Agreement to the PROVIDER, and (ii) any and all claims, liens and/or suits for labor and materials furnished by the PROVIDER or utilized in the performance of this contract or otherwise. Where not specifically prohibited by law, PROVIDER 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 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. The foregoing indemnity shall survive the term of this Agreement. 5.2 AMENDMENTS No amendments, supplements or modifications to this Agreement shall be binding on either party, unless in writing, and signed by both parties. 16 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 5.3 OWNERSHIP OF DOCUMENTS All documents developed by PROVIDER 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. PROVIDER agrees that all documents maintained and generated pursuant to this relationship between CITY and PROVIDER, shall be subject to all Public Records Law, Chapter 119, Florida Statutes, and agrees to allow access to the City and the public to all documents subject to disclosure under applicable law. It is further understood by and between the parties that any document which is given by CITY to PROVIDER pursuant to this Agreement shall at all time remains the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever, without the written consent of CITY. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement. 5.4 AWARD OF AGREEMENT PROVIDER warrants that it has not employed or retained any person employed by the CITY or the Department 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 or the Department any fee, commission percentage, brokerage fee, or gift of any kind, contingent upon or resulting from the award of this Agreement. 5.5 NON-DELEGABILITY The obligations undertaken by the PROVIDER 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. 17 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 PROVIDER covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with CDBG or other City -funded activities, has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER 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 PROVIDER or its employees must be disclosed in writing to the CITY prior to the execution of this Agreement. PROVIDER 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 NO OBLIGATION TO RENEW Upon expiration of the term of this Agreement, PROVIDER 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, the CITY shall give written notice of termination to PROVIDER, 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 PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by, and between CITY and PROVIDER, that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of this Agreement. If PROVIDER is in default, then CITY shall in no way be obligated, and shall not pay to PROVIDER any sum whatsoever. 5.10 REMEDIES FOR NONCOMPLIANCE If PROVIDER materially fails to comply with any term of an award and/or an agreement, M(Aa contract, any requirement, or any other obligation of Provider to the City, the CITY may M C take one or more of the following courses of actions: 0 n z (1) Temporarily withhold cash payments, pending correction of the deficiency by the xr o �—PROVIDER, or more severe enforcement action by CITY. vy> o z n (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 PROVIDER program. (4) Withhold further awards for the program. (5) Debar Provider from participating in other City contracts, services, awards or agreements. (6) 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 same may be changed from time to time. Such notice shall be deemed given on iLel >[s 0 O�Zz Zi `nn;CY o7n �ccz �z 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 SUBRECIPIENT City Manager Foundation of Community City of Miami Assistance and Leadership, Inc. 3500 Pan American Drive P.O. Box 370036 Miami, Florida 33132 Miami, Florida 33137-0036 Attn: David Chiverton Executive Director With copies to: Director of Parks & Recreation City of Miami 444 S.W. 2nd Avenue, 8`h Floor Miami, Florida 33130 City Attorney City of Miami 444 SW. 2nd Avenue, Suite 945 Miami, Florida 33130 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 20 Miami, such provisions, paragraphs, sentences, words, or phrases shall be deemed yy�= modified to the extent necessary in order to conform with such laws, or if not msXs modifiable to conform with such laws, then same shall be deemed severable, and in On 4 either event, the remaining terms and provisions of this Agreement shall remain z CCO)unmodified and in full force and effect. rn ;a a C z n F. This Agreement shall be construed and enforced according to the laws of the State �> t- of Florida. Venue for any legal proceedings shall be Miami -Dade County, Florida. . z Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. 5.12 INDEPENDENT CONTRACTOR PROVIDER, its employees, subcontractors, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY or the Department, and shall not attain any rights, status, or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights, status, or benefits generally afforded classified or unclassified employees, temporary or permanent by virtue of this Agreement. Further, Provider understands that Provider, its employees, subcontractors, and agents shall not be deemed entitled to any of the Florida Worker's Compensation benefits available to employees of the City. In the event of termination of this Agreement for any reason, with or without cause, neither Provider nor its employees, subcontractors, nor agents shall have any recourse to any City of Miami Grievance or Disciplinary Procedures. Provider acknowledges that access to and use of City property does not alter is the status of 21 Provider, its employees, subcontractors or agents as independent contractors. Provider further acknowledges that working with the City and/or the Department to provide the necessary scheduling for the Services does not alter the status of Provider, its employees, subcontractors or agents as independent contractors. 5.13 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. ARTICLE VI 6.0 PROVIDER CERTIFICATIONS PROVIDER 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 PROVIDER's governing body, including all understandings and assurances contained herein, and directing and authorizing the person(s) identified as the official representative(s) of the PROVIDER, to act in connection with the Agreement, and to provide such additional information as may be required from time to time by the City and/or the Department. THIS DOCUMENT IS A SUBSTPPUTION TO ORIGINAL. BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 22 THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the respective officials thereunto duly authorized on the first date above written. ATTEST: PRISCILLA A. THOMPSON CITY CLERK Date: APPROVED AS TO INSURANCE REQUIREMENTS: RISK MANAGEMENT ADMINISTRATOR Date: ATTEST (CORPORATE SEAL): CORPORATE SECRETARY Print Name: Date: 23 CITY OF MIAMI, a Florida Municipal Corporation PEDRO G. HERNANDEZ CITY MANAGER Date: APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Date: AGENCY NAME: FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A Florida Not-for-profit Corporation PRESIDENT Print Name: _ Date: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. NOT-FOR-PROFIT CORPORATION RESOLUTION WHEREAS, the Board of Directors of FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., (FOCAL), a Florida not-for-profit organization, desires to enter into a Parks and Recreation Services Agreement with the City of Miami for a term beginning October 1, 2009 and ending September 30, 2010 (the "Agreement"); 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 the Secretary are hereby authorized and instructed to enter into the Agreement in the name and on behalf of this not-for-profit corporation with the City of Miami upon terms contained in the proposed Agreement to which this resolution is attached and the President, the Secretary, the Executive Director and the Program Officer of Foundation of Community Assistance and Leadership, Inc. (FOCAL) are hereby authorized to undertake all actions necessary to fulfill the terms, conditions and obligations of the Agreement. DATED this _day of , 2010. ATTEST(SEAL) CORPORATE SECRETARY Print Name: 24 PRESIDENT Print Name: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment I Work Program 25 FOCAL Foundation Of COti'iY111tinity Assistance & Leader -ship, Inn. Post Office Bos 370036 * Miami, Florida 33137-0036 Ce11iC'/' LUCUIL'd at: Cil)' of 1`, iartzi Moore Park 765.11'N' 3G"' Street Miruni, FL 33137 (305) 634 -3370 Center * (30.1) 638-1008 Fax * (305) 343-5666 Cell w Z w Qw� November 30, 2009 a u o Mr. Ernest Burkeen, Director F. City of Miami — Department of Parks & Recreation zO Vz p 444 Southwest Second Avenue, Eighth Floor 07 a Miami, Florida 33130, :r p Z F- ci p Dear Mr. Burkeen: u F- E - v, m I hope this letter find you in great health and good spirit. Attached is the revised budget and narrative for our Learning and Technology Center and Moore Park. The children and families of the surrounding community utilize the services offered by FOCAL in partnership with the City of Miami Parks & Recreation to its fullest. We have successful accomplishments with the students that participate in the programs offered from Monday thru Friday. Without the support of the Management and staff of the parks department we could not have such accomplishments. Thank you very much for all your support have a great holiday. Sincerely, r.. rEfectronicaCCy signed David Chiverton, President/Chief Executive Officer Attachment: FOCAL 2009 — 2010 Budget $11,452.00 Narrative of Scope Services THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Scope of Services October 1, 2009 - September 30, 2010 Project Title: Learning & Technoloay Center Description: This program is an after school program that provides low income youth accessibility to computers, Internet services and mentors in order to improve/enhance academic skills. in addition the program includes counseling and involvement of Cultural Awareness and balance, youthcommunity participation and crime prevention. Youth Services for 60 to 80 youth in the areas of Academics, Computers, Social Science, Cultural Balance and Awareness and Crime Prevention. Target Areas: Allapattah, Hadley Park, Wynwood, Overtown and Model City, however, the program is not restricted to area residents only, any child that wishes to take part in the program may do so by simply filling out an application. Children of low to moderate income families are especially encouraged to take part in all of the curriculum provided and are given priority. Funding Source: City o: Miami -Department of Parks & Recreation General Fund FY 2009-2010 National Objective: Low/Moderate income Families (Priority) Agency Location: Community Center at City of Miami=s Moore Park 765 Northwest 36" Street Miami, Florida 3 312 7 Program Description: To address the lack of academic success and preparation for productive adulthood of high-risk youth, FOCAL will provide an after-school tutorial and computer center at a neighborhood 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 will reduce the risk factors. In addition participants can also enroll in the parks football, basketball, cheerleading and tennis programs. FOCAL staffs work closely with the park staff to ensure that each child that participates in the parks program is succeeding academically. The program will offer tutoring in Math, English, Reading and computers. Counseling and workshops will be given on self- esteem/self-worth, values clarification, responsibility & consequences, health & safety, dealing z F Z with conflict & life skills and leadership training. J s zmv vZ0 Goal: Approximately 160 youth are enrolled in the program and all will have accessibility to all services at no charge. O Step to enrolling and taking part in the program: v F O z Complete an intake application and family profile. o r W 5t = Complete a pre -testing of a potential participant's knowledge of the computer hardware z Q r F-vlW 4 and software. Conduct a complete evaluation of the potential participant's academic level which includes math and reading whenever possible review school records (report cards, etc.) Time Frame: October thru December Objectives: This quarter is a complete curriculum which includes Math, English, Reading and Reading Comprehension, Social Studies. This period is used to determine the weaknesses and strength of each participant and develop proper programs to assist them in improving where needed. This quarter is also the starting point for writing measurable outcomes for each participants and establishing communication with the parent or guardian of the participants. The number of participants who require grade repetition will be reduced 50% minimum and the grade point average of each participant will increase i point by June 2005. At least 50°a of the participants who have grade -writing scores will show a gain of l point or more on the 81h grade FCAT writing assessment by June 2004. The indicators to be measured to determine program effectiveness are grade repetition, standard test scores (FCAT, SAT, ACT), report card grades and successful school completion. FOCAL evaluate the success of the participants in developing and achieving academically, successful school completion and avoiding being a juvenile delinquent. The plan for measuring the program effectiveness is to maintain a file on each participant that tracks his or her successes and failures. We use their performances from the beginning of the fall 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 elements for measuring the program performance will be report card grades, conduct markings and school attendance records. The data will also keep track of the number of school referrals, detentions and suspensions. Also we will keep a record on whether 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 indicators to be measured to determine program effectiveness are grade repetition, standard test scores (FCAT, SAT, ACT), report card grades and successful school completion. The strategies for this program are. strengthening youth bonds by providing opportunities, skills and rewards; reduce risk factors in a way that strengthens positive factors; enforce clear and consistent standards for behavior; and teach children the skills they need to be able to follow clear standards. The research basis for the program strategies is from the DPR, Inc. Risk and Resource Assessment and we anticipate a minimum of 40% improvement by applying the strategies listed in the DPR. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. All participants will receive a minimum of four (4) hours counseling sessions per school year. At least seventy-five percent of the participants will achieve and maintain an eighty-five percent (85%) school attendance rate within 90 days of program enrollment and reduce Z F disciplinary actions (suspensions, act) by fifty percent (50% ). All students needing additional �zw. social services, self-sufficiency improvement programs or academic support will be followed or z m V referred appropriately. c The program's effectiveness will be determined by participant=s grads, school attendance O Off. conduct record, FCAT performance, grade promotion and graduation. The most important Zz V p measure of program effectiveness will be whether participants have avoided becoming or continuing to be a juvenile delinquent. c z m 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. We believe that knowledge and achievement are the best deterrent to crime. The program will reduce involvement in crime by increasing participants= academic abilities, self esteem, and opportunities for success, positive role models, self expression, personal growth and, values clarification. Our overall goal is to help at risk 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. We provide the academic support and motivation that many of the participants do not receive at home. The program increases reading, writing, math and computer skills through tutoring. It will increase self-esteem through the use of culture and history to help develop a clear and positive racial identity. The objective related to the academics is the development and achievement of reading, writing, math and technology skills for each participant equivalent to their grade level and age group. The research basis for the program strategies is from the DPR, Inc. Risk and Resource Assessment and we anticipate a minimum of 40% improvement by applying the strategies listed in the DPR. at least one activity of an interactive nature (recreational, educational or social) designed to promote socialization and maintain identification with peer group will be offered to program participants on a daily basis either by FOCAL or the Parks Department. The outcomes for the program will be one hundred and eighteen students actively participating in the program and attending four hours of tutoring per week. All participants shall receive a minimum of four (4) hours counseling sessions per school year. At least seventy-five percent of the participants will achieve and maintain an eighty-five percent (85%) school attendance rate within 90 days of program enrollment and reduce disciplinary actions (suspensions, act) by fifty percent (50%). All students needing additional social services, self-sufficiency improvement programs or academic support will be followed or referred appropriately. The programs effectiveness will be determined by participant=s grads, school attendance conduct record, FCAT performance, grade promotion and graduation. The most important. measure of program effectiveness will be whether participants have avoided becoming or continuing to be a juvenile delinquent. In addition an annual report to the community including the parents/guardians of the youth participants. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ACTION STEPS YCO^-3 "3 z Annually FOCAL will hold an Open Nouse and present to the community and our elected officials how the program works and a brief outline of the progress and the plans for l*7 C n © 00 —} 3 enhancements of the programs. O ©nzz O f Our staff and volunteers will take part in improvement of the seminars and workshops to help G z n y improve our ability to work and develop effective ways to work with the participants of the W �Z- program. With training we will effectively provide our participants with counseling directed M P towards self-improvement, dealing with peer -pressure, family and life interpersonal 'j development. In addition it is our intention to monitor each participants overall performance in school. Our participants will take field trips to places that will broaden their perspective on Ae. Our participants will take responsibility for community projects that will enhance our communities and improve the way of life i.e. environmental, community clean up, youth crime prevention and awareness. Time Frame; January thru March (Winter) Objectives: This quarter will continue the emphasis on reading, writing and comprehension and will focus on preparing each student to finish the regular school year strong. We provide one on one tutoring for students that continue to lack performance in any of the three focus areas for this quarter. The curriculum for each participant will be to work from their current text books or pamphlets that are used in their classrooms. We will assist each child in completing homework and work to ensure that they comprehended the assignment. FOCAL will provide personal assistance to each child during homework period. The other tools used to assist each child with comprehension will be the designed computer software which is by grade level and age groups. The Internet is also a part of the day to day learning and research for better service and comprehension for each grade level. Mentors, counseling and rewards will be utilized to reduce misbehavior, truancy and tardiness. Alternative activities and workshops will help to reduce participants= exposure to negative role models, gangs and drug involvement, as well as, increasing alternatives to physical force to resolve problems and increase social responsibility and sensitivity to others. 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. We believe that knowledge and achievement are the best deterrent to crime. The program will reduce involvement in crime by increasing participants= academic abilities, self esteem, and opportunities for success, positive role models, self expression, personal growth and, values clarifcation. Our overall goal is to help at risk 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. We provide the academic support and motivation that many of the participants do not receive at home. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END ON T11IS DOCUMENT. ...... ... .... .r.. .. ..� ��. .� ,��.. .G .ter,._ , Objectives: This quarter will work on computer skills (comprehension, Internet, et. -J, typing co v speed (for ages 9 to 18), community participation. During the summer we will work more �ZG Q v o in a group setting and include more hours of athletics because the program is from 8 a.m. p _ F Z E to 5 p.m. Each child is encouraged to bring in workbooks, or textbooks of various Z w z Uo O �x subjects. Z . O z The Internet is part of the day to day learning curriculum to assist each child to improve p w on their ability to use the Internet for research or to access information. The strategies for E-v�,m4 this program are: strengthening youth bonds by providing opportunities; skills and rewards; reduce risk factors in a way that strengthens positive factors; enforce clear and consistent standards for behavior; and teach children the skills they need to be able to follow clear standards. At least one activity of an interactive nature (recreational, educational or social) designed to promote socialization and maintain identification with peer groups on a daily basis either by FOCAL and the Parks Department. 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. We believe that knowledge and achievement are the best deterrent to crime. The program will reduce involvement in crime by increasing participants= academic abilities, self esteem, and opportunities for success, positive role models, self expression, personal growth and, values clarification. Our overall goal is to help at risk 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. We provide the academic support and motivation that many of the participants do not receive at home. Time Frame: June thru September (Summer Program) The summer program/curriculum will incorporate any additional programs that the City of Miami Parks Department & Recreation will be offering. FOCAL will integrate our current curriculum with City Parks scheduled functions. Attachment II Program Line Item Budget Expenditures/Schedule THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. W .1 ' v t,rx.a-w Foundation of Community Assistance & Leadership, Inc. Post Offace Box 370036 * Miami, .Florida 33.137--0036 Center Located at: Citi) of Miami Moore Park * 765 T'Gi' 36°i street Miami, FL 3313 7 (305) 634 -3570 Center ` (305) 638-1.005 Fax * (303) 343-5666 Cellular CITY OF MIAMI PARKS Moore Park Learning & Technology Center October 1, . 009 thru September 30, 2010 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BUDGET SUMMARY October 1, 2009.- September 30, 2010 CATEGORIES TOTAL I. PERSONNEL $73,581.81 II. CONTRACTUAL SERVICES $29,366.29 M. OPERATING SERVICES $12,504.04 IV. COMMODITIES 0 V. CAPITAL OUTLAY 0 TOTAL BUDGET S 1157452.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FOCAL Foundation Of Community Assistance & Leadership, Ine. Post Offt.ce Box 3 7003 6 * Mia mi, Florida 33137-OOJ6 Cerzter•Lr)cnied at: Citi) of Mi(inti Moore Prrr•k 765.W" 36"' Street M.iaraxi, FL 33137 (305) 634 -3570 Center * (305) 638-1008 Fax * (305) 343-3666 Cellular CITY OF MIAMI PARKS Moore Park Learning & Technology Center DETAILED_ BUDGET * October 1, 2009 - September 30, 2010 I. PERSONNEL CEO $25,000.00 VP of Programs $21,000.00 Three (3) Trained Tutors $24,061.91 Fringe Benefits $ 3,519.80 TOTAL PERSONNEL $73,581.71 11. CONTRACTUAL & PROFESSIONAL SERVICE Three (3) Certified/Licensed Teachers $24,396.20 Accounting Services (Monthly monitoring & Audit) $ 3,6D0.00 Computer Maintenance/Repair $ 325.00 Liability & Bonding Insurance $ 1,045.09 TOTAL CONTRACTUAL SERVICE $29,366.29 LII. OPERATING EXPENSES OfficeJCurricuIum Supplies $ 6,709.04 Local Travel $ 5,795.00 TOTAL OPERATING EXPENSES 512,504.04 IV. COMMODITIES TOTAL COMMODITIES 0.00 V. CAPITAL OVERLAY TOTAL CAPITAL OVERLAY 0.00 GRAND TOTAL 5115,452.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment III Insurance and Bonding Requirements PARKS & RECREATION SERVICES AGREEMENT FOUNDATION OF COMMUNITY ASSITANCE AND LEADERSHIP, INC. Page 1 of 2 I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contractual Liability Independent Contractors Coverage Waiver of Subrogation II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hued, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation IV. Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit V. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $ 1,000,000 General Aggregate Limit $ 2,000,000 Deductible- not to exceed 10% 27 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Attachment III Insurance and Bonding Requirements PARKS &.RECREATION SERVICES AGREEMENT FOUNDATION OF COMMUNITY ASSITANCE AND LEADERSHIP, INC. Page I of 2 VI Crime Coverage (in lieu of Fidelity Bond) A. Limits of Liability S 94,452 Employee Dishonesty Including Third Party Forgery and Alteration The abovepolicies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. SUBSTITUTED CITY OF MIAMI PARKS AND RECREATION SERVICES AGREEMENT FOUNDAVN OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. (FOCAL) THISP AND RECREATION SERVICES AGREEMENT is entered into this day of 2010 ("Agreement"), (but effective as of the commencement of the term of this Agreemen on the "Effective Date" as defined below), between the City of Miami, a municipal corporation the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 8a' Floor, Miami, Florida 3 0, (hereinafter referred to as the "CITY"), on behalf of its Department of Parks and Recreation (her ' after referred to as the "Department" or "Parks") and FOUNDATION OF COMMUNITY ASSI CE AND LEADERSHIP INC. (FOCAL) a Florida -not-for-profit corporation, whose Florida, 33127 and whose mailing address is P.O. (hereinafter referred to as the "PROVIDER"). FUNDING SOURCE: Non -Departmental TERM OF AGREEMENT: AMOUNT: PURPOSE: Building CITY COMMISSION APPROVAL REQUIRED: address is 946 N.W. 46`h Street, Miami, �px 370036, Miami, Florida 33137-0036 four SUBSTITUTED ider's Information: E CUTWE DIRECTOR: David Chiverton PROV&RAM OFFICER: Barbara Hardamon CONTANADDRESS FOR SER ES: 765 N.E. 36`s Street. Recreation Building at Moore Park TELEPHONE NN 305-756-6762 and 305-343-5666 RECITALS WHEREAS, the City ns and the Department operates the real property known as Moore Park located at 765 N.E. 36 treet and the personal property contained therein; and WHEREAS, pursuant to Section 8-86(a)(3)(c) of the City's Code, the City through the Department has established that it is of ben t to the public for not-for-profit organizations to undertake services related to cultural, educatio recreational or park activities within City parks; and WHEREAS, the City is interested in continuing th fter-school tutoring, counseling and computer education and training services being provided by P eider for young adults at Moore Park; and WHEREAS, after the required duly noticed public hearing, p ant to Resolution No. adopted on , 2010 (the "Authorizing Resolution"), City Commission has approved by the required 4/5ths affirmative vote the selection of Provider an as authorized the City Manager to enter into this Agreement to provide for the Services stated h in within Moore Park; and WHEREAS, subject to the applicable laws and requirements set forth herein, possesses the ability and desires to provide such Services to the City. NOW, THEREFORE, in order to carry out the intent as expressed herein and in onsideration of the mutual covenants and obligations herein set forth, and other good and va ble consideration, the sufficiency of which are acknowledged by the parties, the City and the Pro er understand and agree as follows: ARTICLE I 1.0 RECITALS ANXNCO The foregoing recita are hereby incorporated and made a part of this Agreement. All attachments hereto are her incorporated in and made a part of this Agreement. 1.1 BASIC REQUIREMENTS As a necessary part of this Agr\,thewing documents must be approved by the City prior to its execution, and ith the Department: 1.2 Provider's Not -for -Profit Clution authorizing execution of this Agreement. 1.3 Provider's Work Program setting forth the Services toXe provided under this Agreement. (ATTACHMENT I) 1.4 Budget Summary, to include: completion of PROVID 'S Program/Line-Item Budget/Expenditure Justification (ATTACHMENT II), Total Actua d Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the C ); budget for program -generated revenues; copies of all subcontracts and/or managem t services agreements funded in whole or in part under this Agreement. 1.5 Certificate(s) of Insurance which reflect the requirements of the City's Risk Manage t Department as set forth in ATTACHMENT III hereto regarding PROVIDER'S current 9 SUBSTITUTED liability insurance, naming the CITY as primary or additional insured as determined by the Risk Management Department of the CITY; current Workers' Compensation surance; current Fidelity Bond or current Crime Coverage Insurance (applicable for all per s who are authorized to receive and disburse funds under this Agreement); flood insuran coverage if applicable; and other coverage(s) as deemed necessary, if applicable (i.e., automo 'le insurance). 1.6 PROVIDER's rporate Seal (to be fixed to Signatory Page and Not -For -Profit Corporation Resoluti ). 1.7 Copy of PROVIDER's icles of Incorporation, Charter and Bylaws and amendments thereto, if any, certified by P VIDER's secretary to be current, complete, and correct. 1.8 List of Present Principal Gove Board Officers and Members of the Board (names, addresses, and telephone numbers). ARTI II 2.0.1 DUTY TO OPERATE FOR PUBLIC PURPO Provider shall at all times during its provision of Services set forth in the Work Program, and as otherwise contemplated by this Agree nt, maintain an active status in good standing as a Florida non-profit corporation. 2.1 PROJECT PUBLICITY PROVIDER shall abide by affirmative action regulations in info \bn nts of the geographical area to be served hereunder and of the Services to by utilizing any available means for advertisement, as necessary for promotionandertaken by PROVIDER. All newspaper, magazine, television, or radio egardingPROVIDER'S activities will be submitted to CITY for review al p �or torelease or distribution. Provider shall provide the DEPARTMENT wf all of r 4 SUBSTITUTED 2.2 2.3 literature, publicity and/or promotional materials regarding the Services being provided under this Agreement. No press conference regarding the Services being provided by Provider under this Agreement shall be scheduled without prior written approval by the UTY PROCUREMENT COMPLIANCE PROVIO acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Pro rement Ordinance of the City of Miami, and shall comply with all applicable subs ta ve and procedural provisions therein, including any amendments thereto. Y PROVIDER shall use its best efforXto obtain all supplies and equipment for use under this Agreement at the lowest practicaXcosts and shall solicit three (3) bids for the purchase of capital equipment. The th payment. Provider shall be responsible to expendable property acquired for the Program bids shall accompany all requests for kr any damage or destruction of all non - CITY funding (non -expendable property being properties which shall not be consum\ER ntity) and shall reimburse CITY for such damage or destruction. Pll establish and maintain a property control system and shall be responaining a current inventory on all capital items purchasedwith CITY fundpenditures over five hundred dollars ($500.00) must be approved by CIri - to purchase. All items purchased remain the property of CITY and are to be inventoried as ALch, which shall include a property record listing the description, model, serial number, Xte of acquisition, and cost. Such property shall be inventoried semi-annually, and an in 5 SUBSTITUTED report submitted to CITY. PROVIDER shall permit CITY staff access to the premises where property is kept for the purpose of performing inventory monitoring functions. ROVIDER shall not dispose of real or personal property purchased with CITY funds \�"h sale, loan, lease, or relocation without receiving prior written approval of the City 2.4 SUBCONTRACTS PROVIDER ag 'to give advance written notification to the CITY of any subcontract. None of the Service overed by this Agreement shall be subcontracted without the prior written approval of CI\,d work or Services sub -contracted hereunder shall be subject to the terms anof this Agreement, including but not limited to, the audit, inspection, inindemnification provisions hereof. Proper documentation in accordance with thcVARKS and CITY Code guidelines and directives must be submitted to and approved by th EPARTMENT prior to the execution of any subcontract. The advance notification process alI include the following: A. Identification of the subcontractor and ServicesX be provided. B. The proposed subcontract and all proposed exhibitNnd attachments thereto, together with a complete and accurate breakdown of the price oXa 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. Nothing contained herein shall create any contractual relationship b any subcontractor working for PROVIDER. ARTICLE III 6 SUBSTITUTED CITY and 3.0 PROCEDURES lig,] TIME OF PERFORMANCE 3.2 SUBSTITUTED The term of this Agreement shall be from OCTOBER 1. 2009 - September 30, 2010. bject to the contingency provisions of Section 4.5 hereof, the City shall have the option to \rew this Agreement for the same amount and under the same terms and conditions for a one X) year period subject to the recommendation by the Department and approval by the City M%ager. Pursuant to Section 18 6(a)(3)(c) of the City Code and the Authorizing Resolution, the City Commission approved e selection of Provider and authorized the City Manager to execute this Agreement, under tX terms and conditions set forth herein. For the purpose of this Agreement, Parks shall ai, on behalf of the CITY in the fiscal control, programmatic monitoring, and provided by this Agreement, 3.3 ENTIRE AGREEMENT of this Agreement, except as otherwise This instrument and its attachments constitute the onNAgreement of the parties hereto, relating to said Services and correctly sets forth the rights,Vties, and obligations of each to the other, as of this date. Any prior agreements, pmises, negotiations, or representations not expressly set forth in this Agreement are o no force or effect. Furthermore, should any provision, paragraph, sentence, word, or phras ontained in this Agreement be determined by a court of competent jurisdiction to be inva , illegal, or otherwise unenforceable under the laws of the State of Florida or the City of Mi i, 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 7 I 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. Th PROVIDER shall carry out the Services as prescribed in its Work Program (which by this re\ow porated herein and made a part of this Agreement as Attachment I) and shBudget (which by this reference is incorporated herein and made a part oft as Attachment II) and shall maintain the Insurance and Bonding Requirby this reference are incorporated herein and made a part of this Agreement as Attachme III) in a lawful, and proper manner, satisfactory to the CITY, in accordance with the require nts as prescribed in this Agreement. Provider shall comply with all applicable federal, state d local laws, ordinances and regulations and Provider shall comply therewith as the same p sently exist and as they may be amended from time to time. 3.5 NON-DISCRIMINATION The PROVIDER agrees that it shall not discriinate as to race, sex, color, religion, national origin, age, marital status, or handicap, in co ection with its performance under this Agreement. Furthermore, PROVIDER agrees that n otherwise qualified individual shall solely, by reason of his/her race, sex, color, religion,\den al origin, age, marital status, or handicap, be excluded from the participation in, be benefits of, or subject to discrimination under any program or activity receiving federal finaikial assistance. 3.6 BONDING AND INSURANCE At all times during the term thereof, PROVIDER shall maintain insurance d bonding coverages acceptable to the CITY's Risk Management Department. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY orikal M. SUBSTITUTED certificates of insurance and bonding or equivalent crime coverage insurance indicating that the PROVIDER is in compliance with the provisions of this article. PROVIDER shall provide the following coverages on Attachment III "Insurance and \In g Requirements" hereto and made a part hereof: a)rance coverage that reflects sound business practices acceptable to the CITY'S Risk kanagement Department and that requires the insurance carrier to give the CITY at lNt thirty (30) days previous notice of change, termination, cancellation or expiration of in�rance policy. b) Fidelity bonding or\rime coverage insurance for all persons handling funds received or disbursed under thisAgreement in an amount equal to, or greater than the amount of the CITY grant. City Xall be named as Loss Payee or other designation as applicable. c) Current liability insurance shall\iI Aggregate, which shall include fire lia Additional Insured, and there shall be no CITY coverage. t of not less than $2,000,000.00 General iIity. CITY shall be named as Primary ions in such policies to override the d) PROVIDER shall provide the CITY with proof of A\and ility Coverage in an amount of not less than $300,000.00 for each driury and Property Damage combined, if PROVIDER is to be reimbursed the CITY. e) The PROVIDER shall obtain Workers' Compensafoyers' Liability coverage as per statutory requirements. Compliance with the forego shall not relieve the PROVIDER of its liability and obligations under this under any other section of this Agreement. 3.7 LEVEL OF SERVICE E SUBSTITUTED uirements on, or Should start-up time for a program be required or any delays in Services occur, PARKS is to be notified in writing immediately, giving all pertinent details and indicating when rvices shall begin, and/or continue, It is understood and agreed that the level of Sery s, activities, and expenditures by the PROVIDER, in existence prior to the initiation Services hereunder, shall be continued and shall not be reduced in any way, as a result of t ' Agreement. Programs funded through this Agreement shall not result in the displacement o employed workers, impair existing contracts for other services, or result in the substitutio of funds allocated under this Agreement, for other funds in connection with work, wh would have been performed in the absence of this Agreement. SUBSTITUTE 10 8 REPORTS, INSPECTIONS, MONITORING, AND EVALUATIONS \ At the request of CITY or the Department, PROVIDER shall transmit to CITY written atements of PROVIDER's official policy on specified issues relating to PROVIDER acti ' ies. The PROVIDER shall submit quarterly progress reports, schedules, and any other re s and documentation as the CITY or the Department deems necessary, and which will re�i ect the status of objectives and program activities accomplished thus far, in addition to budgeXchanges and costs expended during the reporting period. PROVIDER shall ensure the coop'kation of its employees and Board members in such efforts. The CITY and/or Department\taff may conduct inspection and monitoring visits monthly, quarterly, or at random at )Qytime. Any inconsistent, incomplete, or inadequate information either received by e CITY or the Department, or obtained through inspection, monitoring and evaluation y the CITY or the Department shall constitute good cause for the CITY to terminate this A Bement at any time thereafter. ARTICLE IV 4.0 FUNDING 4.1 COMPENSATION, AUDIT, AND INSPECTION A. CITY shall pay PROVIDER, an amount not to exceed e hundred and fifteen thousand, four hundred and fifty-two dollars and no cents ( 15,452.00) as the maximum compensation for the Services provided, including any d all expenses incurred during the term of this Agreement. Expenses shall be reimburskd provided they are properly documented and submitted with sufficient supporting dVls in accordance with Section 112.061, Florida Statutes, by receipts or invoices and in accordance with the schedule set forth in the Budget, which is attached hereto SUBSTITUTED and made a part hereof, as may be reasonably required by the City to allow proper audit of Provider's expenses, should the City or the Department require an audit to performed. B. Durthe term hereof, and for a period of three (3) years following the date of the last pay nt made hereunder, the CITY and the Department shall have the right to review, causNo be reviewed, inspect, cause to be inspected, audit, and/or cause to be audited the inXn-nation, expenses, time records, and related books, files, and records of PROVID\boolkcs, ng to the Services provided by Provider and/or payments by CITY. rees to maintain such information, expenses, time records, and related , and records at alocation within the City for a period of three (3) years after final C. All payments shall be reimburs is made under this Agreement. expenditures incurred only during the term of this Agreement, and in compliance 'th the previously approved Line -Item Budget. Such written request(s) shall contain tater declaring and affirming that all expenditures were made in accordance w the approved budget. All documentation in support of such request shall be subj\line-ite oval by CITY at the time the request is made, and all invoices are requireby PROVIDER prior to submission. All reimbursements must be inform, and be in accord with this Agreement. All expenditures must be verified by ginal receipt or original invoice, with a copy of the check, which was issued to pay t specific receipt or invoice. Within sixty (60) days of receipt or invoice payment, co 'es of the canceled checks must be submitted. In the event that a receipt or an invoice paid by various funding sources, a copy of the receipt or invoice may be submitted, but must indicate the exact amount paid by various funding sources equaling the 12 SUBSTITUTED total of the receipt or invoice. No miscellaneous categories shall be accepted as a Iine-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 �efore thirty (30) days prior to the end of the term of the Agreement. D. RegXsts for payment should be made on a monthly basis. Reimbursement requests should NL submitted to the CITY within thirty (30) calendar days after the indebtedness\threceipts curred. Failure to comply may result in the rejection for repayment oand/or invoices within the reimbursement package, which do notquirement. E. PROVIDER must submit �e final request for payment to the CITY within thin calendar days following expiration or termination date of this Agreement. If the PROVIDER fails to comply 'th this requirement, all rights to payment will be forfeited, and the CITY shall not hon any request submitted after the aforesaid period. F. Any payment due under this Agreement may be lkthheld, pending the receipt and approval by the CITY, of all reports due from the'%ROVIDER as part of this Agreement , and any modifications thereto. G. In order to fund the operations of the sports program, upo execution of this Agreement and with a written request from PROVIDER, CITY m advance one - twelfth (1/12th) of the appropriated funds to PROVIDER. The adv e shall be repaid as follows: ten (10) equal monthly installments commencing the I" d of the third month of this Agreement and continuing through the twelfth month o Agreement. Funds shall not be advanced by the CITY if the PROVIDER is in default 13 SUBSTITUTED under this Agreement or if Provider is in default under any other agreement or contract with the City or regarding any other obligation to or requirement of the City. 4.2 ANCIAL ACCOUNTABILITY the right to audit the records of PROVIDER at any time during the Performa of this Agreement, and for a period of three (3) years after final payment is made under s Agreement. PROVIDER agrees to provide all financial and other applicable record nd documentation of Services to CITY. Any payment made shall be subject to reduction fo mount included in the related invoice, which are found by CITY, on the basis of such audit, of to constitute allowable expenditures. Any payments made to PROVIDER are subject reduction for overpayments on previously submitted receipts and/or invoices. 4.3 RECAPTURE OF FUNDS CITY shall reserve the right to recapture\dsen the PROVIDER shall fail (i) to comply with the terms and conditions reement, (ii) to accept conditions imposed by CITY, at the direction of thetate, and local agencies, or (iii) to comply with the terms and conditions of any other agreVent or contract with, obligation to, or requirement of the City. 4.4 RELOCATION, ACOUISITION AND DISPLACEMENT The PROVIDER agrees to comply with City of Miami Core, Ordinances and Resolutions, and City policies in relation to the acquisition and dVosition of real property utilizing grant funds, to the provision of services in City parr and to the displacement of persons, businesses, or non-profit organizations occurring aNAa direct result of any acquisition, or disposition of real property utilizing grant funds. 14 SUBSTITUTED 5.0 5.1 SUBSTITUTED CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds, and continued regulatio ition for program activities and services, and is subject to amendment or on due to lack of funds or authorization, reduction of funds, and/or change in 7 ARTICLE V PROVIDER shall indenXify, defend and hold harmless the City and its officials, employees and agents (collecXvely referred to as "Indemnities") and each of them from and against all loss, costs, pc%lties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collecti\rdestruction "Liabilities") by reason of any injury to or death of any person or damaor loss of any of any property arising out of, resulting from, or with (i) the performance or non- performance of the Services contempgreement which is or is alleged to be directly or indirectly caused, in whole or in part, y any act, omission, default or negligence (whether active or passive) of PROVIDE or its employees, agents or subcontractors (collectively referred to as "PROVIDER"), re -dless of whether, it is, or is alleged to be, caused in whole or in part (whether joint, concu\ohe ntributing) by any act, omission, default or negligence (whether active or passivndemnities, or any of them or (ii) the failure of the PROVIDER to comply wihe paragraphs herein or the failure of the PROVIDER to conform to statutes, ordinances or other regulations or requirements of any governmental authority, federal or state, in coxection with the performance of this Agreement. PROVIDER expressly agrees to indemify, 15 defend, 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 PROVIDER or any of its su ontractors, as provided above, for which the PROVIDER's liability to such employee or fo er employee would otherwise be limited to payments under state Workers' Compensa n or similar laws. PROVIDER 1her specifically agrees to indemnify, defend and hold harmless the Indemnities from d against (i) any and all Liabilities imposed on account of the violation of any law, o\ine, order, rule, regulation, condition, or requirement, in any way related, directly oectly, to PROVIDER performance hereunder, compliance with which is left by this Agredkent to the PROVIDER, and (ii) any and all claims, liens and/or suits for labor and materi% furnished by the PROVIDER or utilized in the performance of this contract or othe'se. Where not specifically prohibited by law, PROVIDER further specifically agrees to 'ndemnify, defend and hold harmless the Indemnities from all claims and suits for any lia ' ity, including, but not limited to, injury, death, or damage to any person or property whatso er, cause by, arising from, incident to, connected with or growing out of the perform e or non-performance of this Agreement which is, or is alleged to be, caused in part (ether joint, concurrent or contributing) or in whole by any act, omission, default, or negl\ince neether active or passive) of the Indemnities. The foregoing indemnity shall alsobility imposed by any doctrine of strict liability. The foregoing indemnity shale term of this Agreement. 5.2 AMENDMENTS No amendments, supplements or modifications to this Agreement shall be bindii% on either party, unless in writing, and signed by both parties. 16 SUBSTITUTED .3 OWNERSHIP OF DOCUMENTS \ All documents developed by PROVIDER under this Agreement shall be delivered to upon the completion of the Services required pursuant to this Agreement, and shall bec e the property of CITY, without restriction or limitation on its use, PROVIDER agrees t t all documents maintained and generated pursuant to this relationship between CITY and P OVIDER, shall be subject to all Public Records Law, Chapter 119, Florida Statutes, and agr s to allow access to the City and the public to all documents subject to disclosure under app able law. It is further understood by and between the parties that any document which is gi n by CITY to PROVIDER pursuant to this Agreement shall at all time remain the property o\theitten and shall not be used by PROVIDER for any other purposes whatsoever, without consent of CITY. Provider's failure or refusal to comply with the provisions of this this Agreement. 5.4 AWARD OF AGREEMENT shall result in the immediate cancellation of PROVIDER warrants that it has not employed orXtained any person employed by the CITY or the Department to solicit or secure this Agreeiknt, and that it has not offered to pay, paid, or agreed to pay any person employed by the CIN or the Department any fee, commission percentage, brokerage fee, or gift of any kind, conVgent upon or resulting from the award of this Agreement. 5.5 NON-DELEGABILITY The obligations undertaken by the PROVIDER pursuant to this Agreemen hall not be delegated or assigned to any other person, or firm, in whole or in part, withouXCITY's prior written consent which may be granted or withheld in CITY's sole discretion. 17 SUBSTITUTED SUBSTITUTED 6 CONSTRUCTION OF AGREEMENT \ This Agreement shall be construed and enforced according to the laws of the State of orida. 5.7 CONFLICT OF INTEREST The PRVIDER covenants that no person under its employ, who presently exercises any functions or sponsibilities in connection with CDBG or other City -funded activities, has any personal fi kcial interest, direct or indirect, in this Agreement. The PROVIDER further covenants thX in the performance of this Agreement, no person having such conflicting interest shall X employed. Any such interests on the part of the PROVIDER or its employees, must be di -Nosed in writing to the CITY prior to the execution of this Agreement. \ PROVIDER is aware of the conflict Code, Chapter 2, Article V), Dade County and the State of Florida, and agrees that it terms of said laws. laws of the City of Miami (City of Miami orida (Dade County Code, Section 2011-.1), SS11 fully comply in all respects, with the 5.8 NO OBLIGATION TO RENEW Upon expiration of the term of this Agreement, PROVID 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 \CITY. tion of the Services required under this Agreement, without penalty to event, the CITY shall give written notice of termination to PROVIDaid for those Services performed prior to the date of its receipt to the notice of termination.no case, however, shall CITY pay PROVIDER an amount in excess of the total su im provided by this Agreement. It is hereby understood by, and between CITY and PROVIDER, that any payment made in accordance with this Section to PROVIDER shall e made only if said PROVIDER is not in default under the terms of this Agreement. If PR VIDER is in default, then CITY shall in no way be obligated, and shall not pay to PROM R any sum whatsoever. 5.10 REMEDIE OR NONCOMPLIANCE If PROVIDER teriatly fails to comply with any term of an award and/or an agreement, a contract, any requi ent, or any other obligation of Provider to the City, the CITY may take one or more of the lowing courses of actions: (1) Temporarily withhold sh payments, pending correction of the deficiency by the PROVIDER, or more sever nforcement action by CITY. (2) Disallow (that is, deny both use f funds and matching credit for) all, or part of the cost of the activity or action not in c pliance. (3) Wholly, or partly suspend or termina the current award for the PROVIDER program. (4) Withhold further awards for the program. (5) Debar Provider from participating in other City tracts, services, awards or agreements, (6) Take other remedies that may be legally available. 5.11 GENERAL CONDITIONS A. All notices or other communications which shall or may be given p suant to this Agreement shall be in writing, and shall be delivered by personal se e, or by registered mail addressed to the other party at the address indicated herein, or the same may be changed from time to time. Such notice shall be deemed given 19 SUBSTITUTED 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. TY OF MIAMI SUBRECIPIENT Cit Manager Foundation of Community City Miami Assistance and Leadership, Inc. 3500 P American Drive P.O. Box 370036 Miami, rida 33132 Miami, Florida 33137-0036 Attn: David Chiverton Executive Director With copies to: Director of Parks & R reation City of Miami 444 S.W. 2"d Avenue, 8`h or Miami, Florida 33130 City Attorney City of Miami 444 SW. 2"d Avenue, Suite 945 Miami, Florida 33130 B. Title and paragraph headings are for co\r�,Jent ference, and are not a part of this Agreement. C. In the event of conflict between the tes Agreement, and any terms or conditions contained in any attached documents, therms of this Agreement shall control. D. No waiver or breach of any provision of this Agreement sha\onstitute a waiver of any subsequent breach of the same or any other provisiond no waiver shall be effective unless made in writing. E. Should any provision, paragraph, sentence, word, or phrase containX in this Agreement be determined by a court of competent jurisdiction to be invalid, or otherwise unenforceable under the laws of the State of Florida, or the City 20 SUBSTITUTED 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 event, the remaining terms and provisions of this Agreement shall remain fied and in full force and effect. F. This Agkement shall be construed and enforced according to the laws of the State of Florida. 'nue for any legal proceedings shall be Miami -Dade County, Florida. Each party shalkear its own attorney's fees. Each party waives any defense, whether asserted byNotion or pleading, that the aforementioned courts are an improper or inconvenienkvenue. Moreover, the parties consent to the personal jurisdiction of the aforementiked courts and irrevocably waive any objections to said jurisdiction. The parties irrevo\blywaive any rights to a jury trial. 5.12 INDEPENDENT CONTRACTOR PROVIDER, its employees, subcontractnts shall be deemed to be independent contractors, and not agents or employees of the CITXor the Department, and shall not attain any rights, status, or benefits under the Civil Servickr Pension Ordinances of the CITY, or any rights, status, or benefits generally afforded Nassified or unclassified employees, temporary or permanent by virtue of this AgreemenX Further, Provider understands that Provider, its employees, subcontractors, and agents shX not be deemed entitled to any of the Florida Worker's Compensation benefits available to Vployees of the City. In the event of termination of this Agreement for any reason, with oXwithout cause, neither Provider nor its employees, subcontractors, nor agents shall ha recourse to any City of Miami Grievance or Disciplinary Procedures. acknowledges that access to and use of City property does not alter is the status of 21 SUBSTITUTED 5.13 M Provider, its employees, subcontractors or agents as independent contractors. Provider rther acknowledges that working with the City and/or the Department to provide the n ssary scheduling for the Services does not alter the status of Provider, its employees, subconVetors or agents as independent contractors. This Agree.= shall be binding upon the parties hereto, and their respective heirs, executors, legal rep entatives, successors, and assigns. ARTICLE VI f,OVIDER CERTIFICATI11 PROVIDER certifies that: it poskses the legal authority to enter into this Agreement by way of a resolution, motion, or simil action that has been duly adopted or passed, as an official act of PROVIDER'S governing b , including all understandings and assurances contained herein, and directing and authori the person(s) identified as the official representative(s) of the PROVIDER, to act in c ection with the Agreement, and to provide such additional information as may be requikd from time to time by the City and/or the Department. SUBSTITUTED 22 ex SUBSTITUTED IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be by the respective officials thereunto duly authorized on the first date above written. ATTEST: PRISCILLA A. THC CITY CLERK Date: APPROVED AS TO INSURANCE RBQ1 CITY OF MIAMI, a Florida Municipal Corporation N PEDRO G. HERNANDEZ CITY MANAGER Date: RISK MANAGEMENT ADMMS Date: ATTEST (CORPORATE SEAL): CORPORATE SECRETARY Print Name: Date: APPROVED AS TO FORM AND CORRECTNESS: R JULIE 0. BRU CITY ATTORNEY Date: 23 AGENCY NAME: FOUNDATION OF COMMUNITY ASSISTANCE AND kEADERSHIP, INC., A Florida n -for-profit corporation Print Date: 11 SUBSTITUTED NOT-FOR-PROFIT CORPORATION RESOLUTION HEREAS, the Board of Directors of FOUNDATION OF COMMUNITY ASSISTA E AND LEADERSHIP, INC., FOCAL a Florida not-for-profit organization, desires to ente into a Parks and Recreation Services Agreement with the City of Miami for a term beginning Oc er 1, 2009 and ending September 30, 2010 (the "Agreement"); and WHEREAS, t Board of Directors at a duly held corporate meeting has considered the matter in accordance with by-laws of the corporations; NOW, THEREFORE, E IT RESOLVED BY THE BOARD OF DIRECTORS that the President and the Secretary are ereby authorized and instructed to enter into the Agreement in the name and on behalf of this not- r -profit corporation with the City of Miami upon terms contained in the proposed Agreement to .ch this resolution is attached and the President, the Secretary, the Executive Director and the ogram Officer of Foundation of Community Assistance and Leadership, Inc. (FOCAL) are ereby authorized to undertake all actions necessary to fulfill the terms, conditions and obligation f the Agreement. DATED this _day of , 200_. ATTEST(SEAL) CORPORATE SECRETARY Print Name: 24 PRESIDENT Print Name: SUBSTITUTED SUBSTITUTED FOCAL y oundation Of Community Assistance & Leader -ship, Inc, Post Office Box 3700.36 * Miami, Florida 33137-0036 ter Located al: Citp of Miami Moore .Park 76S AIII' 36"' Street Alicnrni, FL 33137 (303) 634-3570 Center * (305) 638-.1008 Fay * (305) 343-5666 Cell November 30, Mr. Ernest Burkeen,rector City of Miami — Depar t of Parks & Recreation 444 Southwest Second Ave e, Eighth Floor Miami, Florida 33130 Dear Mr. Burkeen: I hope this letter find you in great hea and good spirit. Attached is the revised budget and narrati for Park. The children and families of the surrou in partnership with the City of Miami Parks & accomplishments with the students that participa Without the support of the Management and sta accomplishments. Thank you very much for all Sincerely, Electronically signed David Chiverton, President/Chief Executive Officer our Learning and Technology Center and Moore ung community utilize the services offered by FOCAL eereation to its fullest. We have successful in the programs offered from Monday thru Friday. ff o e parks department we could not have such your pport have a great holiday. Attachment: FOCAL 2009 — 2010 Budget $115,452.00 Narrative of Scope Services SUBSTITUTED Scope of Services October 1, 2009 - September 30, 2010 Title: Learning & Technology Center DescripNPreventio ram is an after school program that provides low income youth lity to computers, Internet services and mentors in order to enhance academic skills. In addition the program includes counseling vement of Cultural Awareness and balance, youth. community on and crime prevention. Youth Services for 60 to 80 youth in the areas of s, Computers, Social Science, Cultural Balance and Awareness and Crime Target Areas: Allapattah, Ha\incom nwood, Overtown and Model City, however, the program is notrea residents only, any child that wishes to take part in the proso by simply filling out an application. Children of low to moderatilies are especially encouraged to take part in all of the curriculum are given priority. Funding Source: City of Miami-Departmentd�Parks & Recreation General Fund FY 2009-2010 National Objective: Low/Moderate income Familie (Priority) Agency Location: Community Center at City of Miami= Moore Park 765 Northwest 36" Street Miami, Florida 3 312 7 Program Description: To address the lack of academic success a X preparation for productive adulthood of high-risk youth, FOCAL will provide an after- hool tutorial and computer center at a neighborhood park to incorporate education into a ighly popular recreation program. Providing tutoring, mentors, structured social activiti , cultural awareness and knowledge of and access to social services will reduce the ri factors. In addition participants can also enroll in the parks football, basketball, cheerleadinand tennis programs. FOCAL staffs work closely with the park staff to ensure that each child at participates in the parks program is succeeding academically. The program will offer oring in Math, English, Reading and computers. Counseling and workshops will be given on If- SUBSTITUTED esteem/self-worth, values clarification, responsibility & consequences, health & safety, dealing 1VVh conflict & life skills and leadership training. Goal:\alppervices roximately 160 youth are enrolled in the program and all will have accessibility to at no charge. Step to enrolli\p-testing part in the program: Complepplication and family profile. Compleng of a potential participant's knowledge of the computer hardware and softConducvaluation of the potential participant's academic level which includesa 'ng whenever possible review school records (report cards, etc.) Time Frame: October thru Decem Objectives: This quarter is a complete riculum which includes Math, English, Reading and Reading Comprehension, Social Studies. . period is used to determine the weaknesses and strength of each participant and develop p er programs to assist them in improving where needed. This quarter is also the starting 'nt for writing measurable outcomes for each participants and establishing communication wi the parent or guardian of the participants. The number of participants who require gr e repetition will be reduced 50% minimum and the grade point average of each participant ill increase 1 point by June 2005. At least 50% of the participants who have grade -writing sc s will show a gain of 1 point or more on the 81" grade FCAT writing assessment by June 2004. The indicators to be measured to determine program effectiveness are grade repetition, tandard test scores (FCAT, SAT, ACT), report card grades and successful school compl 'on. FOCAL evaluate the success of the participants in developing and achievin academically, successful school completion and avoiding being a juvenile delinquent. Thep for measuring the program effectiveness is to maintain a file on each participant that tracks his r her successes and failures. We use their performances from the beginning of the fall p ram and document school academic and conduct improvements and declines. If a tutor/teache observes anything that requires special attention then it is documented in that child=s fol r SUBSTITUTED \sch CAL will provide additional counseling when needed to the child and family. The file include information that a parent or guardian feels is pertinent to a child's ment. The project coordinator will be responsible for collecting the data and maintaining . he data elements for measuring the program performance will be report card con ct markings and school attendance records. The data will also keep track of the of sch I referrals, detentions and suspensions. Also we will keep a record on participa has been involved in the criminal justice system and refer services. The coordinator also keep in contact with parents, coaches and mentors to make sure participants ha positive adult relationships. The indicators to be measureo determine program effectiveness are grade repetition, FCAT standard test scores (, SA ACT), report card grades and successful school completion. The strategies for this program are: st gthening youth bonds by providing opportunities, skills and rewards; reduce risk factors in a ay that strengthens positive factors; enforce clear and consistent standards for behavior; and to h children the skills they need to be able to follow clear standards. The research basis for th rogram strategies is from the DPR, Inc. Risk and Resource Assessment and we anticipate inimum of 40% improvement by applying the strategies listed in the DPR,