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HomeMy WebLinkAboutexhibit1MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract, made this day of 200_, by and between Miami -Dade County, a p olitical s ubdivision o f t he S tate o f F Iorida ( hereinafter r eferred to as "County") through its Department of Human Services (hereinafter referred to as "Department"), located at 2525 N.W. 62nd Street, Suite 4225 — Miami. FL 33147, and the CITY OF MIAMI located in Miami -Dade County, Florida (hereinafter referred to as "Provider"), provides the terms and c onditians pursuant t o which the Provider s hall provide a S chool Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami -Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami -Dade County to the School Resource Officer Project; and WHEREAS, the County as contractor/grantee for the State of Florida is authorized to purchase said services for the School Resource Officer Project as an allowable activity under the ACT; and WHEREAS, the County requires the above -mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available noXed $ 6 i3,575 t Bcet!Both parties agree mpayable that services rendered under this Contract, shall should available County funding be reduced,theamount payable under this Agreement may be proportionately reduced at the option of theCounty. li. SCOPE OF SERVICES. The Provider greeto render to Attachment Accordance with the Scope of Services incorporated herein and attached Created on 10/6/2004 4:24 PM Page 1 of 12 c? C✓i/Q C`. III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2004 through September 30, 2005. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, Including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplantina. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Created on 10/6/2004 4:24 PM Page 2 of 12 IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miarni- Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miarni- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a faise affidavit shall be voidable by the County. if the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A-60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall bparties e suf ateent the 4following addresses writing ses odeli r tovsuch ered personally or sent by mail or by facsimile to the p other address as either party may specify: Created on 10/6/2004 4:24 PM Page 3 of 12 If to the COUNTY: Miami -Dade County Department of Human Services 2525 NW 62"d Street, Suite 4225 Miami, Florida 33147 Attention: Mr. Vaughn Tooley If to the PROVIDER: City of Miami Police Department 400 NW 2nd Avenue Miami, FL 33128 Attention: Lt. Ramon Fernandez XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. 1t is expressly understood and i ntended t hat t he Provider i s only a recipient o f f unding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) t he Provider discriminates under any of the laws outlined in Section X11 of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider Provider fal s orattemptsto meet its violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami - Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a t imely a nd p roper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions Contract mod modificationshall ofthe terms of this Contract. d to be a waiver of any other breach and shall not be construed to bea B. Count Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate t his Contract b y g iving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days Created on 10/6/2004 4:24 PM Page 4 of 12 before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may t erminate o r c ancel a ny o ther c ontracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The C ounty Manager i s a uthorized to terminate this Contract on behalf of the D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County w th such action, determine tl cludingProvider atto ney'sshall fees,responsible for all direct and indirect costs associated XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by writtdate of such termination.f Then notice to the othr party hCotent untyto Manageais at least sixty (60) days prior to the effective authorized to terminate this Contract on behalf of the County. County. Created on 10/6/2004 4:24 PM Page 5 of 12 XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made + Baccordance with the Budget which is attached herein and incorporated hereto as Attachment A. ud et Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of teatotalrapproved b budget, line item shallt a tten require a written amendment nt. Variances greater than fifteen percent (15%) inY approved by the Department. B. Reca tore Funds. At the conclusion of the third quarter and reviewill the Provider's Yean submission To the Quarterly Performance Report and Invoice, the County Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations mus�it bmit take ainplan the Fourth Quarter to full uarteryexpendeport hthe ich documents those steps the municipality contract by the end of the program year. 2. This expenditure plan must be approved by the County. end f Where the municipality does not the anticipated anticipate unefull xpended expenditures amount forthe use in the program year, the County will recapture another program, without a formal amendment process. C. Payment Proce_ dures. The County agrees to pay the Provider for services rendered under this Contract based on the Iithat this se item uaget incorporated cost basis Contract a+nd the Prov den and a hereto as Attachment B. The parties agree shall be paid through reimbursement payment for allow agrees 1to es onice the udgetyapproaed under this Contract (see Attachment B). The P ch School Resource Officer Project using the Quarterly asisct Pas stated in Sec on XIX.CB 1 oice as it appears in Attachment C, and to do so on quarterly The Quarterly Project Performance Report fiC°+ce Thesflnai Quarterly all be Project Performance ared in a manner in accordance with the form provided in Attachment Report & Invoice shall be submitted by October 15, 2005. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices de + b sthe Countyns Finance Departmenform the Provider t any questions. Payments shall be mailed to the Pr Y F. No a meat of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL. PROPERTY. o be he acquisitior A. Acquisition of ProQerty. The Provider is required ture toff undsdfortthet acquisition si ion aand management of property with federal funds. Expenditure new when suitable property required for the sucbcees fulconsideredecu i onof p of essa t ects property, already available within the Provider organization, will expenditure. Created on I0/6/2004 4:24 PM Page 6 of 12 B. Screen fl Careful screening should t ake p lace b efore a cquiring p roperty i n order to ensure that it is neededwith oarticular r anizatian can meetridentified neegiven to hdsher Wh While there is ent already in the possession of the Provider9 establish levels of review no prescribed standard for such review, the Provider procedures may dependent on factors such as theof ast of screen�n rcommtteeequipment may foci facilitate the processehowe Provider organization. The establishment 9 finds the Provider may utilize other management andhthat�t is s ch not alreadyffwith ne theas aProvides r determining that the property is organization. The County must ensure that the screeningnreferenced above to es place herebyad that the Provider has an effective system for property informed that if the County is maecaware that the Provider does not employ an adequate t costs associated with the acquisition of the property may property management system, pro? be disallowed. C. Loss Dama e r Theft of E ui meat. The Provider is responsible for replacing or repairing the property which is willfully or negligently 9 ated and Ien, damaged fully documen� d and made part destroyed. Any loss, damage, or theft of the property must be of the official project records. D. ui merit Ac Ored with Crime Ch1 rol at the equipment Fors used mula forundcriminal justice s. Equipment acquired shall be used and managed to ensure purposes. E. Mona ement. The Provider's procedures for managing equipment a minimum, imeet uding replacement), whether em acquired Powerty recordsr in art with must beroject maintained,whilch include description the following requirements 1) p of property, serial number or other identification n number, source oof County`participation �n f who holds the title, acquisition date, costs of thepercentage use and condition of the property, the cost of the property (Federal funds), location of property, disposition data including the date o f d isposal with the property ordsp Cat least once every property must be taken and the results reconciled 2 years; 3) a control system must exist to ensure � t adequate hall b e�nvest'tgatedguards to rb y t he PSovide damages s or theft of t he p roperty. A ny l oss, d am g , the appropriate; 4) adequate maintenance procedures msjars 11 the property in good sales condition; and 5) if the Provider is authorized orrequired procedures must be established to ensure the highest possible return. F. Retention of Pro ert Records. Records ae for of3 years from the dateole f personal property, and real property shall be retain P the disposition or replacement or transfer at the discretion fthe County. Ifshallybeigairetained, claim,, or audit is started before the expiration of the 3-year period, all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS REPORTS MONITORING AUDITS AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. for not A. Records. All program records will be Inret alccordanthe ce with contract requ�ements than three (3) years beyond the term of this Agreement. Created on 10/6/2004 4:24 PM Page 7 of 12 from the State of Florida, records for the School R esource 0 fficer P roject services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. Reporting Requirements. 1. Quarterly Protect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2005 covering the Agreement activity for the previous quar�id usingr. tie the formerly Project Performance Report at ached hereto as Attachment C and Invoice shall be submitted in the format Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. .C. Changes to Reporting Requirements. The Provider understands that the County may a t anytime require changes i n data collected, records o r reporting, a s may b e necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistancebe necessary •to facilitate a financial/program audit when deemed necessary. by the County tensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. ��t ermore, the Provider understands, it may be subject to an audit, random or otherwise, by of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami -Dade County Inspector General. Miami -Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the ISunormall on of each 11� of 1%tract. of theGotaltcont coents are ntract amount.rcempt from paying the cost of the audit, whichY The Miami -Dade County Inspector General is authorized and empowered to review actpast, present and proposed County and Public health Trust Programs, contracts, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with p specifications and applicable law. Created on 10/6/2004 4:24 PM Page 8 of 12 The inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) d ays prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying.The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or 1PSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. Contra is he ldexecuted byer shall poratthe ePhrov der e I in nconnection s in this ctwithion lnthel subcontracts and all other performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative a ctivities. T he p r0o� the County by the Pro deevr thirdtpartesn or s hall they b e construed to impose any liability F. Independent Private Sector Inspector General Reviews. Pursuant to Miami - Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, ision subconsultants and assignees• Nothing uct an auditIned in this or investigate thevope operations, activities and air any independent right of the County to conduct performance of the Provider in connection with this or tra terms of this Section shall not impose any liability on the County by the Providerany third he ty. G. Evaluation Studies. The Provider rfunds from thec pate ina evaluation studies of Law sponsored by the administrative agent for the Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. Created on 10/6/2004 4:24 PM Page 9 of 12 XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, legal r instrumentalities, employees o r c ou sor el t o any . The Provider rin shall anynot action or proceeding against provide the legal representation, adw County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commin lin Funds. T he P rovider s hall n of c ommingle f unds p rovided under this Contract with funds received from any other funding sources. XXI. M1SCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regardingrovisi nchangefthe orexteces nd described in Attachments A and B. Nothing herein shall alter,y, any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent n1 �°m°endment to) total th sdCont act between)n the npartiesd other such The revisions my be negotiated as watt County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownershi of Data and Other Material. All reports, information documents, tapes and recordings, maps and other dataand fipthe dutiessand responsibilities the or completed by the Provider in connection Provider in accordance with the terms of thisof co�teact ir US�al andbecome the property of the shall be made available County outhe without restriction, reservation or limitation County by the Provider at any time upon re4u�lltof the abovet data Upon shallcompletion be Idelivered eio of all to the contemplated under this Contract, copies o f County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami -Dade County, Florida. Created on 10/6/2004 4:24 PM Page 10 of 12 E. PuPGcit It is understood and agreed between the parties heretoe that by agrees is funded y Miami -Dade documents funded Eby this ceptance of these funds, Contract shall recognize the funding agrees that events and punted source as follows: This program was supported by a grant awarded to the Miami -Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein,its subcontracto sco ass guess shaft behgovemed by out the prior written approval of the County and that all the terms and conditions of this Contract. IfContractto ssubcontractors actors to provide the servs the expenditure of ices 00 or more by the County and the Provider I the materials, the Provider listed in the Scope of Services (Attachment A) or suppliers to supply shall provide the names of the subcontractorsta`Iand not changellers on the or substitute form subcontractodrs a� Attachment E. The Provider agrees of the County. suppliers from those listed in Attachment E without prior written approval G. Headin s Use of Sin afar and Gender. Paragraph headings are for convenience only and are not intended orto expand t he Strict ngulares hale ncludee substanceor t he p lure!of nd the provisions ,of this Contract. W herever u sed h ereir► plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of Contract lSeverabilit of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report & Invoice Attachment D: Miami -Dade County Affidavits Attachment D1: Code of Business Ethics Attachment D2: Miami -Dade County Debarment Disclosure Affidavit Attachment D3: State Public Entities Crime Affidavit Attachment E: Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. if any provision thereby I if suchs raemaindct is ea (would nvalid or void, the remainder of this Contract shall not be a applicable law. then continue to conform to the terms and requirement of Creased on 10/6/2004 4:24 PM Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers, the day and year first above written. Signature Name (typed) ATTEST: By: ATTEST: HARVEY RUVIN, CLERK By: DEPUTY CLERK Title By: (Corporate Seal) MIAMI-DADE COUNTY, FLORIDA By: GEORGE M. BURGESS COUNTY MANAGER Created on 10/6/2004 4:24 PM Page 12 of 12