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Home My WebLink Aboutexhibit 1 - agreementTHE SCHOOL. BOARD OF MIAMI-DADE COUNTY, FLORIDA AGREEMENT FORM FOR CONTRACTED SERVICES THIS AGREEMENT, entered into this 15 day of Atsril , 2004 , by and between The School Board of Miami -Dade County, Florida, hereinafter referred to as the 'AGENCY', and City of Miami , hereinafter referred to as the 'CONTRACTOR', is as follows: MName of Contracting Party/Organization) 1. SCOPE OF WORK The Contractor shall, in a satisfactory and proper manner as determined by the Agency, perform the following: Nature of Contracted Services: The 'CONTRACTOR' shall provide summer enhancement reading activities a specified in the plan submitted to the 'AGENCY' and approved by the School Board of Miami -Dade County, Florida, at its Board meeting of April 14, 2004. Anticipated outcome of Contracted Services: Provide a maximum of 2,300 Miami -Dade County Public School students services through the summer enhancement reading program. Payment will be made based on the number of students that attend the program @ $5.25 per student, per contact hour, per day. Location of contracted Service: Twenty (20) sites of the City of Miami Parks and Recreation Department. Date(s)IHours of Service: July 1, 2004 through August 13, 2004. One (1) hour daily five (5) days a week. 2. TERM OF AGREEMENT The Contractor shall commence performance of the Agreement on the 1st day of July 2004 , and shall complete performance to the satisfaction of the Agency no later than the 13th day of August , 2004 . The Agency reserves the right to terminate this Agreement without cause by giving thirty days written notice to.the Contractor. 3. COMPENSATION The Agency shall, upon completion of services by the Contractor, compensate the Contractor in the amount of 301,875.00, which shall constitute the amount due under this contract. Contracts exceeding $10,000-require School Board approval. The Contractor agrees to assume responsibility for all per them and travel expenses, unless authorization to incur such expenses is granted by the Agency in advance of the expenditures being incurred. The Contractor shall be reimbursed for such approved expenditures as provided by Florida Statute Section •N 12.061 and Board Rule 6Gx13- 4C-1.07., 4. PAYMENT SCHEDULE Payment will be generated by the Agency's Accounts Payable Department within 45 days after completion of services. Payment will be made as indicated below: ❑ one lump sum payment in the amount of $ upon completion of services co 1 partial payments in the amount of $ 150,937.50 each Page 1 of 3 FM-2453 Rev. (03-03) S. REGULATIONS & ORDINANCES The Contractor shall comply with all applicable laws, ordinances, codes, rules and regulations of federal, state and local governments being licensed, if required, for performance of any work under this Agreement. . ENTIRE AGREEMENT It is understood and agreed that this Agreement contains the complete understanding and agreement of the parties. No stipulation, agreement of understanding shall be valid or enforceable unless contained in this Agreement. No representations or statements made by any employees, agents or representatives of either party shall be binding on either party as a warranty or otherwise, except as expressly set forth herein. 7. GOVERNING LAW This Agreement shall be governed by, and construed in accordance wjib. the laws of the State of Florida. 1 HOLD HARMLESS The Con tractor shall hold- harmless, indemnify and defep the indemnitees (as hereinafter defined) against any claim, action, loss damage, injury, liability, cost or expense of whatsoever kind or [lawns -including, e4ncluding, but not by way of Ipdttation, attorneys' fees and cou costs arising out of bodily injury o persons including death, or damage to tangible property arisino , ut of nr innirlantni in the ^�'"'^^'""" "` t r SEE ATTACHED ADDENDUM 9. TERMINATION AND SUSPENSION The Agency may terminate this Agreement upon 30 days advance written notice to the Contractor, for default of Contractor, or due to lack of, or cancellation of+ grant funds made available to Agency by a Federal grantor agency. Upon receipt of a notice of termination; the Contractor shell cease incurring additional obligations under this Agreement. However, the Agency shall allow the Contractor to incur all necessary and proper costs which the Contractor cannot reasonably avoid during the termination process. 10. DEFAULT If the Contractor fails to fulfill or comply with any of the terms or conditions of the Agreement, in whole or in part, the Agency may place the Contractor in default status and take any one of the following actions: a) Suspend activities under the Agreement, upon 15 days advance written notice by the Agency and withhold further payments, except for those necessary and proper costs which the Contractor cannot reasonably avoid during the period of suspension. b) Terminate the Agreement for use, in whole or in part, upon 15 days advance written notice from the Agency. Page 2 of 3 FM-2463 Rev, (03.03) c) Terminate the Agreement for cause, in whole or in part, immediately effective upon notice, whenever the Agency determines that the Contractor has jeopardized the safety and welfare of the agency or the public or whenever the fiscal integrity of the Agreement has beten compromised. d) Invoke any other remedy or remedies that may be legally available. 11. EQUAL EMPLOYMENT OPPORTUNITY Contractors awarded contracts involving Federal Funds in excess of $10,000 must be In compliance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967. 12. ACCESS TO RECORDS The Contractor shall keep records to show its compliance with program requirements. Contractors and subcontractors must make available, upon request of the Agency, a Federal grantor agency, the Comptroller General of the united States, or any of their duly authorized representatives, any books, documents, papers, and records of the Contractor which are directly pertinent to this specific agreement for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor shall retain all records for three 13) years after final payment is made or received and all pending matters are completed. APPROVED AS TO FORM: School Board Attorney - Signature SUBMITTED BY: Ms. Mercedes Tourai Charge Location Administrator - Signature ACCESS- Superintendent/Division Head - Signature Office of Grants Administration (if applicable) NOTE: Signature of Assistant Superintendent for the Office of Intergovernmental Affairs end Grants Administration required ONLY for contracts financed from Contracted Programs Funds (Part IV). MIAMI-DADE COUNTY PUBLIC SCHOOLS BY: (Superintendent of Schools or Designee) Mr. Merrett It. Stierheim, Superintendent of Schools (Name Typed) VENDOR/CONTRACTOR BY: Signature Signature Name: Mr. Joe Arriola City Manager {Name Typed) (Title) Address: 3500 Pan American Drive Miami, Florida 33133 Social Security No. (If individual) F.E.I.N. (If organization) School Board Employee: Yes ❑ No 0 M-DCPS Employee No. ATTEST: Priscilla A. Thompson, Clerk Clerk Approved and . '"ctness: Vi arello, City Attorney Approved as to Insurance Requirements: Dania Carrillo, Risk Management Administrator Page 3 of 3 FM-2453 Rev. (03-03)