HomeMy WebLinkAboutexhibit1MiAMI
-DADE COUNTY DEPARTMENT OF HUMAN SERVICES
CONTRACT
This Contract, made this
day of
200, by and between
�—
r
d
Miami
-Dade County, a p olitical s ubdivision o f the state ein i erda (er i to aes referre toes
ent),
"County") through its De artment of Human Service Miami FL 33147, and the CITY OF
located at 2525 N.W • 62 Street Suite 4225
ocated in Miami -Dade County, Florida (hereinafter referred to as "Provider"), provides
the to 1 pursuant to which the Provider shall provide a Criminal Justice
the terms and conditions
Record improvement Project.
WHEREAS, the County has been awarded federal
Lawu100-690, the Federal Antnds from the Drug �Drug
and
System improvement Formula rerant ferredroto as the ACT; and
gram under Abuse Act of 1988, hereinafter
WHEREAS, the Provider warrants and represents that it possesses the legal
wayof resolution, motion or similar action that has
authority to enter into this Agreement by body, authorizing the
been duly adopted or passed as an official de�siandi�+gs Provider's
deassurances contained herein, and
execution of the Contract, including a
out ond
au
thorizing the person identified as the officialrepresentative et forth in this rCon� act; and
behalf of the.Provider all of the duties andresponsibilities award of grant funds by
WHEREAS, this Contract shall be deemed effective upon
e State of
Florida Department of Law Enforcement, Office
bCriminal
bo n 1parties, Justice
t e Grants to
Miami-Dades
County or when this Contract has been duly executed
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
Project by providing a portion of the
provided by the Criminal Justice Record improvement
federal funds aw
arded to Miami -Dade County to the Criminal Justice Record improvement
Project; and
s
WHE
REAS, the County as contractor/grantee for the
State
of
Project Florida i as anauthorized alto
le
purchase said services for the Criminal Justice Record improvement
activity under the ACT; and
WHEREAS, the County requires the above-meservices from the Provider in
order to fulfill its' contractual obligations under the aforementionedmutual covenants recorded
NOW, THEREFORE, for follows:in consideration of the
herein, the parties hereto agree as
1AMOUNT PAYABLE
Subject to available funds, the maximum amount payable for
services rendered
under this Contract, shall not exceed $ 26,634 under Bothhis A parties
agmay ree that
at
should available County funding he option reduced,
of the Cothe
unty. amount pays
proportionately reduced at
ilk.6 ckleilai
Page I of 12
render services in
II. SCOPE OF SERVIC herein and attached hereto as Attachment A accordance with
the Scope of Services incorporated
III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2004
through September 30, 2005.
IV. CASH MATCH REQUIREMENT. The tlProvd between maintain
provision of services
nancial
resources to meet the expenses incurred during period
and payment by the County, including the required 25% Cash Match, and provide ail
equipment and supplies required for the provision of services.
V. REQUIREMENTS RELATED TO ROVSE OFNT PROGRAM ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMP
A. Re uirements of the Anti-Dru Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti -Drug useAct of ncluding g88 Rulender the Chapter Dr9B-61 ug ntaf rot and the Florida
System
Improvement Formula Grant Program,
Administrative Code. Furthermore, Just JustidaiceGrants, DEdwardt of Law Byrne Memoai State ar�dsLocal
iness
Support Program, Office of Criminal for
Law Enforcement Assistance Formula eta are inrant corporaram ted) herein by�eferen a as if fullyset
all laws, rules, regulations relating that
forth.
�. Suaolantin�• The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state localfunds,
grant , and fundswbe made available for ntill be used to increase i
amounts of such funds that would, in the absence
drug law enforcement activities, in accordance with Rule Chapter 9B-61,006 (5), Florida
Administrative Code.
VI. CONTINUITY OF SERVICES. Provider meees to provide ersan whenever)mal continuity of possible and, if not, by assuring that services are provided by t p
qualified replacement when necessary.
V{i. PROGRAM CONTACT. Provider shall gntea with contract
coohe ofrdinator Contract and; who shall be
responsible for: 1) monitoring the Provider's
2)
whenever the County so requests, meeting with County staff to review such compliance.
V{Il. {NDEMNLFICATION BY THE PROVIDER.
agentsThe Provider shall hindeties from any and and kill
harmless the County and its officers, employees, andn
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities i d incuras a u a arising elto of
claims,
mof, eladeg ands,
suits, causes of actions or proceedings of any
resulting from the performance of this Contract by the Provider or its employees,
ages ants,
claimselosses in
servants, partners, principals or subcontractors. Provider shall payor
all connection therewith and shall investigate and defend cclaims,
rpracactions
eedings nandkind
shall
nature in the name of the County, where applicable,nlud
9 appellate
pay all costs, judgments, and attorney's fees which may issue by thereson.0Provider
tor eexpressly
understands and agrees that any insurance protection required
e
provided by Provider shall in no way limit theemployees,pagents y to indemnify,
inst instrumentalities as
save
harmless and defend the County or its officers,
Page 2 of 12
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract.
tate as defined
IX. INSURANCE• If Provider is an agency
��roshalpl furnish subdivision of the the County, uponSequest written
by section 768.28, Florida Statutes, the
verification of liability protection in accordance
Iiabil'ty beyond th section $hat p.28, rovided d nasect on 768 28,
herein shall be construed to extend any p Y
Florida Statutes.
l
X. LICENSURE AND CERTIFICATIO The
ecard lder shall amprovemente servicesthat
other shall licshave
professionals providing Criminal Justice
appropriate training and experience in the field in which he/she practices and abide by all
applicable State and Federal laws and regulationse and
thical of thesPravide standards
intnotwith those
way rel eve
established for his/her profession. Ignorance o p
it from any of its responsibilities in this regard.
Xl. CONFLICT OF {NTEREST. The Provider agrees to abide dled at Sect be governd by
Miam1 i-
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance can
et
al. of the Code of Miami -Dade County), as amended,
nd, whichct is do incorporate
ddherein by reference
as if fully set forth herein, in connection with de
XII. CIVIL RIGHTS. The Provider agrees to�a�bi die by ter 11A of discriminatton inCode
emploMment,
iami-
Dade County ("County Code"), as amended, prohibits
housing and public accommodations; Title Vil of the Civil Rights Act of 1968, as amended,
the Age
which prohibits discrimination in employment and public h accommodation;
prohibits dation; the ine
Discrimination Act of 1975, 42 U.S.C., as amended,, as
employment because of age; Section 504 of the lioflon disability;Act of land, the Ameri ans4wth
amended, which prohibits discrimination on the basis
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
ContractscrIkI sifurther understood that the
nation under any of these
laws, the County shall have the right to terminate tericans with
Provider must submit an affidavit attesting that Tanis sit Act, 491ation U S C. of the
16 2mand the Fair
'Disability Act, the Rehabilitation Act, the Federal ransi..
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
resthe ponsibCoule enfw A rcement conduct no further
the
Courts or the County to be in violation of these Acts,
business with the Provider. Any contract entered of thbased dun°.ng the false affidavit
of any Contract
voidable by the County. If the Provider violates any
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 t.
The Provider agrees that it is in compliance Count h eCode, which requires an employe Domestic wh°
codified as § i 1A-60 et seq. of the Miami -Dade Y
or more employees
o workingpioyeesce workd Miami-Dade
de
in the regular er course inobusiness
day during has each of twenty (20) County for each working day 9
o
tic violence leave to its employees. Failure to comply with this local law may be
provide domes
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
Page 3 of 12
' TICES. Notice under this Contract shall besufficient if made in writing anddelivered
XIIpersonally or sent by r. N�r mad or by facsimile to the parties at the following addresses or to such
pe
other address as either party may specify:
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:
Cof Miami Avenue
Miami,Department
400W 2nd
Miami, FL 33128
Attention: Lt. Jonathan Yavneh
stipulates
eS TONOM
Y, Both parties agree that this Contract recognizes
theexpautonomy
my of and
stipulates or implies no affiliation between the contracting parties.
and i mended t hat t he P rovider i s o my a r ecipient o f f undng s upport and is not an agent or
Furthermore, the Provider's agents and employees are not
instrumentality ° County.
ees of the Caunky.
agents or employ
XV. H OF AGREEMENT: COUNTY REMEDIES. under this Contract if: (1)
A. Breach. A beach is theoPined in theovider ll have occurred Scope of Services (AttachmentA)
within
The Provider fails to provide servicesor improperly late
the effective term of this Contract; (2) the Provider ineffectively
underds
this Contract; (3) the Provider fails to submit, or
submits anto incorrector
ior ncomplete
its
proofooated support reimbursement requests reports; 4 the
l expenditures to arts; re) the Provider
incorrect detailed reports of expenditures actfreaui expenditure rep (
incomplete Provider
d eonc toProvider
monitor,
refuses ooall not submit or submits i too record or refue discriminates under ony of the
es
refuses to
allow the County access io records t der �rovidero allow the County
evaluate a nd r eview t he P rovider's p rogram; (6 the Provider fails to provide Domestic Violence
laws Leave toinsd in Section urof
atn t to local law; ( attempts to meet its
{B) the Provider
Provider violatestheprovisions
of D its employee place Affidavit (Attachment D); (9)
the Drug Free Workplace
through fraud, misrepresentation or material misstatement; (10)
obligations under this Co
act deficiencies found during a monitoring,
conditions of the Miamaluation or review i-
Dade ththe specifier fails ; (11)cthe of the term of the and
De specified time; Affidavits Provider faits to(meet any mart the determsto any
County (Attachment D); (12) the Provider fails to meet any
Dadecontract or otherwise or any repay a schedule
proper
ofconditioge of any obligation under any 13 the Provider fails to fulfill in a timely
its agencies or instrumentalities; its obligations,
ion or { ) ul to be a this r any
manner of band all of
its obligations, covenants, agreementsbae and in this Contract.
Waiver breach of any provisions of this Contract shall not
other breach and shall not be construed to be a modification of the terms of this Contract.
B. Count Rem
edies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
Page 4of12
1 • The County may terminate t his Contract b y g
iving written notice to the
termination and specifying the effective date thereof at least five (5) days
Provider of such the County may: (a)
s drawings,
data studies, surveys, g
before the effective date fin terd oor unfinished
fin+ hede documents, data termination, , r with County funds
request the return of sreports prepared and secured by the Provide
photographs, funds allocated to the Provider under
maps, models, r
under this Contract; (b) seek reimbursement of County
this Contract; (c) ter
minate or cancel any other contracts entered into between the County and
the Provider. The
Provider shall be responsible for all direct and indirect casts associated with
such termination, including attorneys fees,
The County may suspend payment in whole or in part under ffective date
2payments are
Contract
providing written notice to the Provider of suchctive pdateoofand
suspension.specifying If p Y eider as
by Pr g (5)days before the the Pro
thereof, d least County
sall specify in writing the actions that must be taken by P date for
condended, the County Y
precedent to resumption of payments and shall specify
condition P County may also suspend any payments in whole or in part under any other
compliance. e. The Cou etween the County and the Provider. Thee 1c Provider
r satthrneys feesl be ;
contracts entered intodb
for all direct and indirect casts associated with such suspension,including
Contract including but not
3, •- The County may seek enforcement of this
be
for
limited to tiling action wi
th a court of appropriate jurisdiction. The Provider shall e responsible fees;
for all direct,and indirect costs associated with such enforcement, including contracting;
q The County may debar the Provider from future County con
5. If,
for any reason, the Provider should attempt to meet its obligations
through fraud, misrepresentation or material en notice toethe the County
Provider of
under this Contract g giving ) days before the
shall, whenever practicable terminate this Contract by g g other c ontracts
'nation and specifying the effective darrtia thereof ia e a r a ctafncel a ny all be
such terms
which
s date of such termination.Thewith
the Y with such indivitermidual
or cancellation,lbe
individual or entity has with the County. Such individual or entity s l
whipo such +nd
irncluding
le for ail, feet or indirect costs rassociatedtityto material ol misstatement of may be
including attorney s
fees. Any individual or entity who
ttempts to meet its contractual
obligations with the County through fraud, misrepresentation
contracting for up to five () years;
disbarred from County g
6. Any other remedy available at law or equity.
unt Manager is authorized to terminate this Contract on behalf of
C. The Co y
the County.
Notwithstanding the above, the Provider shall noes e
D. Dada es Sustained. es sustained by the County by virtue of any
to the County for damages to the Provider until such time as
h
relieved of Contract,
withhold any payments
thof the exact amount and the ageCounty ue the County is determined. The Provider
shall bs.responsible
the irt of damage
for all direct and indirect costs associated with such action, including Contract may be
y BY EITHER PARTY. Both parties agree that this
terminatedXVTERMINATION hereto bywritten notice to the other party of such intent to terminate
by either party
Page 5 of 12
at least sixty (60) days s prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on behalf of the County.The Provider agrees that allTh
made in accordance with the Budget Which is attached herein
XVII. PROJECT BUDGET AND PAYMENT PROCEDURE
expenditures or costs shall be
and incorporated hereto as Attachment B. hafted between approved line items, not to
A.gu�d et Vale Funds may be s shall require a written amendment
percent 15%} of the total budget, withou�a written amendment. Variances
xaed fifteen ( approved line item greater than neep�partment 15%}many Pp
approved by on submission of
B. Reca tare Funds• At the conclusion of the County irdllquarter review the Provider's Year -To -
the Quarterly Performance Report and Invoice, the
Date expenditures.
reporting remaining balances which exceed expenditurehic
1, Municipalities rep tan with the Third Quarter Rep the
levels for normal program operations must submit a p
h
steps the municipality will take in the Fourth Quarter to fully expend
documents those F ram year.
contract by the end of the prog the County.
expenditure plan
2. This exp must be approved by nticipate full expenditures by the end of
does not a
3 Where the municipality F ended amount for use in
theprogram year, the County will recapture rment process.
ci anticipated unexpended .
without a formal am
another program, agrees to pay the Provider for services
C. Pa merit Procedures.
The County prated herein and attached
parties agree that this is a cost -basis Contract and tProvider
rovii er
h
rendered under this Contract based on the line item budget incorporated on the budgetapproved
shall as paidahrough B. The gfor each
h reimbursement payment for allowable to invoice the County
shall be through The Provider agrees under this Contract (see Imps Attachment
using the Quarterly Project
l basis, a as stated in Section
eport &
Criminal Justice Record Pquarterly
Invoice . it a Quart in Attachment C, and to do so on a Quart
erly Project Performance
ro'ect Performance Report & Invoice shall be py pared in a manner in
B.1
XIX. rda The with
theeforly Project
accordance with form provided in October 15, 2005.e fine
Report & Invoice shalt be submittedby
D. The Provider agre
es to mail all invoices to the address listed above, Section XiII.
f
agrees to review invoices and tot ins rm the FHance PDrovider
o any
E. The County g the Coun y
questions. Payments shall be mailed to the Provider by county funds be advanced
F. No a meet of subcontractors. In no event shall
directly to any subcontractor hereunder.
INVENTORY - CAPITAL E UIPMENT AND REAL PROPERTY•
XV11I. INVE required to be prudent in the acquisition
The Provider is acquisition ol
A. Ac uisition e with federal funds. Expenditure of funds for the acq
and management of prop y
Page 6 of I2
cce
sful
f
es
new property,
when suitable property required for thewlsu be s onsa re execution an o p of essais
already available within theorganization, Provider orga
y
expenditure,
should take p lace before a cqulring property i n
B. Screenin Careful screening
particular consideration given to whether equipment
order already ensure seshat It is needed with p establish levels of review
in the possession of the Provider organization racedurets�dmayf�ed needs. While there is
n
no prescribed standard for such review, the Prove p
he
depende
nt on factors such as the cost of the proposed equipment
ip Y fn catate the size
process; the Provider
the Provider
The establishment of a screening committeewithincivthe Provider'sfor
may utilize other management technique which it finds
e dy effective as a basis for
the property is needed and that
determining that the prop Yg referenced above takes place and
that the organization. The County must ensure that the scproperty
pert nmanagement. ThProvider is
hereby
y
that the Provider has anCounty
effty stimae desawarefor
that the Provider
does
eotemploy oftheproperty maye
informed that the County costs associated with theacquisition
property management system, project
be disallowed.
C.
Loss Da ea or Theft of E "eat. The
Praline is responsible
d sior le for
ororeplacing
Any
or repairing the property which is willfully or negligently lot ,
loss, damage,
or theft of the property must be investigated and fully documented and made part
of the official project records.
mula
D. E
ui ment Ac uired with Crime Control Act Block/Fors used Funds
not lust c Equipment
acquired shall be used and managed to ensure that the equipment
purposes.
procedures for managing equipment (including
E. Mana ement. The Provider's or in art with project funds, will, at a minimum, meet
replacement), whether uirem nts: ) in whole records must be maintained whichincludeidentificationon
of
the rallowing requirements: 9 ?
of
property, costs of the property, percentage of County participation in
eft serial number or other identification number, source of the property,
who holds the title, acquisition date, co use and condition of the property,
the cost of the property (Federal funds), location a fd s ale p rice; 2) a physical ! nventory of t he
disposition data including the date o f d isposal property must be taken and the results reconciled with the property records at least once every
led b t he P rovider a s
3)a control system must exist to ensure adequate
es hall b efeguar gos o prevent loss, damage
or2 years, err Any I oss, damage, o r theft the thepropP r i g
appropriate;thet of t he p fop a eft ro er goo s
cditin and adequate maintenance snautho izeduorsrequ red tot ell the pprop Y, proper condition; 5) if the Provider
procedures must be established to ensure the highest possible return. t nonexpendable
shall be retained for a period of 3 years from the date of
F. Retention of Pra err Records. Records for equipment,
err and real property ylitigation, claim,
personal property,
e 3-year period, the records shall be retained until
the disposition or replacement or transfer at the discretion of the Count Ifany
p
or audit is started before the expiration oft the records have been resolved.
all litigation, claims, or audit findings involving AND EVALUATION STUDIES.
XIX. RECORDS REPORTS MONITORING AUDITS to provide any reports
The Provider shall keep records of program services in sufficient detail
that may be requested by the County.
Page 7 of 12
A Rem s. All
three (3) years beyond the
from the State of Florida,
services must reflect:
1.
2. The dates and number of hours the staff provided services.
3. The dates of services andactivities
descr bed in Attachment A.
program
participants in attendance to such as
4. The records of all other program services provided under this Agreement.
B. n Re uirements.
The
er
1. Quarterl Pro'eck Performance Rend nooicen o lihe I Dece.partment of Human
submit the Quarterly Project Performance 15, and
QGkober 15, 2005 covering the Agreement
Services by January previous
15, April 15, July
for the previous quarter. The Quarterly Project Performance
nce Report C and Invoice shall
beactivity
be submitted in the format and using the form attached
program records will be retained by the Provider for not less than
term of this Agrthe Criminal Justice Record improvement accordance with contract requirements
Project
records for the Crim
The names of staff providing services as described in Attachment A.
2. Other Re aired Re orts: Provider
programallsubmit
mityeother reports as may
the
r.
be required by the Department of Human Servicesduring
g orProvider understands that the
C. Chan es to Re tin Re uirements. The da s m ay b
County may a t any time require changes i nodic lllected, records o r r e orting,
necessary and agrees to comply with any such
D. Mo_Lo t and Audit. The Provider shall make
ermal ilable for business review,
inspection,
monitoring or audit by the County without notice during produced or
financial
records and other program records and documents ov'tderch relate to or have been shall provide assistance as may be
created as a result of this Agreement. bythe County to
necessary to facilitate a financiallpraogauntingdand financial standards. necessary
The County reserves
ensure t to require
re with applicable to
right to require the Provider to submit to an audit i f rand m o� otherwise, y the Office's choosing. of
the g
the Provider understands, it may be subject to an
Count Inspector General or independent private sector inspector general retained by
the Dade Y
the Office of the Inspector General.
E. Office of Miami -Dade Count Ins eck°r �mnOWersd toMiami-Dade
random audits
has
which �s P
on
the Office of the Inspector General, o of the total contract amoun
County contracts throughout the duration of each contract.
tract. Grant recipients are exempt
on all Co y
from paying the cost of the audit, which is normally 1/4ofpast,
Trust programs, contracts, transactions,
t.
Miami -Dade County Inspector General is authorized and empowered to review
The power to
present and proposed County and Public heart Inspector General has the
s
accounts, records, and programs. In addition, the Insp
administer oaths, require the production of records
c rs and minonitor
a fisting
projects
witness,oof an existing project or program
projects and programs. Monitoring
Page 8 of 12
concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness
retain the
orders to the Contract. The Inspector General is empoweredmonitor,
se proposed ed changeprocurement process
s of independent private sector inspectors general to
investigate,
oversee,
operations, activities, P
oversee, inspectoand reviewproject design, bid specifications, proposal submittals, activities of
including but not fined to nts and employees, lobbyists, County staff and elected officials to
theProvider,ensure
o er, its officers, agents
compliance with contract specifications and to detect fraud and corruption
d ays prior written notice to the Provider fom the make all Inspectore General
e al or IPSIG and
Upon t do (� �t y ector General, the Provider shallin The
retained by the Inspector
all documents and
ants available to the inspector General
olio lG for inspecti and copy andcopy r
documents actor documents
o
records in theer r and IPSIG shall have the rightbut not General
r
the Provider's possession, custody or control which, in the Inspector
IPpertain to performance of the contract, including,
andContractsnolimited to
IPSIG's sole judgment,
orig
e order estimate files, worksheets, proposals
m
and with estimate sites, Chang suppliers, all project -related
cod successful and unsuccessful instructions, subcontractors
financial odocuments constrntsuction
d records which
porrespondence, memoranda,
proposal and contract documents,
back -charge documents, all febat rebates, dividends received,
involve cash, trade or volume and supportinginsurance
documentation for the aforesaid documents and
payroll and personnel records,
records. provisions ants, employees,
The in this section shall apply to the Provider, its officers, a9
P suppliers. The Provider shall incorporate the provisions isions in in this
se ction In
ntalll
subcontractors and the Pr
subcontracts and all tracts Contracts executed by
performance of the con
act shall impair any independent right of the
County
n used n dons hat! t hey b or
Nothing to this contract rovisions o f t his s ection a re n
investigativee
onstda posies. TlabUit on the County by the Provider or third parties.
construed to impose any Y
P. Inds en dent Private Sector Ins ector General ha ie wl.e Pusounty uantt o right to
Daai County e iceAdministrative an Order 3-20,
the Provider is aware
an Independent Private Sector Inspector
ornGeneral
the County, Provider eshll
County
the services ofon written notice from County deems it appropriate to dai so. t
IPSIG retained by the County, all requesCoshalabe responsibleddocumentation
make available to the inspection and copying. The County
pertaining to this agreement for to these
IPSIG services, and under no circumstances
shall
relating s budget
the payment of these approved by the County, be inclusive any
and any changes thereto
IPSIG services employees,
The terms of this provision heerein,
apply to the Provider, its officers, agents,impair any
in this
ision
indepesubconndent
rs
and assignees. Nothing contatnednvestigate thevoperationsl` activities and
independent right of the County to conduct an audit or
performance of the Provider
in connection with this Contract.he terms of this Sectionshall
not impose any liability on the Countyby the Provider or any thirdpart.
Page 9 of 12
r
to
ipate in evaluation studies
G. Evaluation Studies. The Provide a funds from thecFlorida Department of Law
sponsored by the administrative agent for then
Enfor
cement, Business Support Program, Office of Criminal Justice Grants. This participation
shall at a minimum include access to the Provider's premises and records.
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceedin • The
Provider
the Col notnty utilize
or any onty f sfunds
agents,
instrumentalities,
legal counsel for anees
action or proceedingagainst
ze
unty funds to
ide
galr
employees or officials. The Provid�etr'�shaanl ny act�°ini or proceeding 9 against
vthe
legal r epresentation, a deice o r counsel t o any c lie
County or any of its agents, instrumentalities, employees or officials.
B. Religions Pur oses. County funds shall not be used for religious purposes.
C. Commie lie Funds. T he P rovider s hall ourcc otommingle f unds p rovided under
this Contract with funds received from any other funding
XXI. MISCELLANEOUS.
Contract. This Contract is the complete and
n and exclusive
provisionstatement of the of
services
the
es
A. —
de described
.n between the County and the in Provider 9 specifically modify,
y, stated horeix
anycribed to Attachments A and B. Nothing herein shall alter,unlessaffect,
p modify, change or extend
n.
other agreement between the Provider and the County otherwisept as enumerated herein, no
B. Amendments and Modificatmooneither
heExceparty unless reduced to writing, signed by
a
bmend parties,
to this approvedpshall yeeCo County binding on
Provided, however, that the Count may
effectoth pames, and by
bets to this Contract without the written consento
f
the
a Provider, ofCounty�State a nnform 1s
amendments guidelines, and!
Contract to changes in the laws, directives, g
Federal Governments. including but
or other modifications of this Contract,
notAng alterations, variations, amendments, parties and attachedvlldwhen to the they haveaof this
' d to amount payable and effective term, shall only be valid been
limits and signed by both p
reduced to writing, duly approved
Contract.
andTProvider mutually agree that amendments of the Scope set forth of Service,d flee such
budget item
ud County percent (15%) of the total budget of more than fifteen
negotiated as written amendment to this °Contract as describedparties.
herein on
Corevunty ny be g
County Manager is authorized to make amendments tothis
behalf of the County.
assembled or
C. Ownershi of Data and Other Material. reports,
d �eloped,information
prepared, assembled documents,
tapes
as and other data and procedures
completedod erdby the map property rt the County
by
Provider in connection with the duties an become thetprap undertaken by the
Provider in accordance with the terms of this Contract shallom lotion of all w°�
eservation or limitation of their use and shall be°cad P available to the
without restrictionProvider time upon request by the County Upon
County by the at any yes of all of the above data shall be delivered to the
contemplated under this Contract; cap'
County upon request.
Page 10 of 12
e in the
f
shall
D. Contract Guidelines. This Contract
is Florida. Proper venue this Florida and
halt be
be
governed according to the laws of the State o
Miami -Dade County, Florida.
E. Pubilcit . It is understood and agreed between the parties hereto that this
f these funds,
Pro
vider is funded by Miami -Dade County. Furth d by acceptance this Contract recognizetthePunh g
agrees that events and printed documents funded
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 odispose ,of this Contract, or any or
s, retain
consultants, or assign, transfer, convey, sublet, or otherwise
g
all
of its
rights, title or interest herein, or its power to execute such Co shall without
the
epnbY
or
written approval of the County and that all subcontractors
the terms and conditions of this Contract. If this Contract isubcontractors to provide the services
lves the expenditure of $100,000
or more by the County and the Provider intends to use
to supply the materials, the Provider
listed in the Scope of Servicesf (Attachment A) supplierssubstituteheform
subractors or
shall pro
vide the names of the subcontractors andhsuppliers
npeliQ sn the form attached as
Attachment E. ose listed ineAttachment Eagrees kit will not without prior written approval of the County.
suppliers from those
G. Headin s Use of Sin afar and Gen estrict hers ape orraph substance of the
eadings are for
t he s ingular s hall i nclude t he p lural a nd
provisions
convenience ohis and are not intended sed hto e expandor r masculine, feminine or neuter d
plural shall of this the Contsingular and pronouns shall lbe read as
s
plural include
the context requires. page Contract with
H. Total of Cor*a1*kverabi tract and Iw'thsitsThis twelve ( asprefe Contract
below
its recitals on the first page of the Contract
the parties:
contain all the terms and conditions agreed upon by
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
ntt this
deemed to exist or bindanythis the Contparties ract shallreto. If any riot be affected thereby if
or void, the remainder law.
then continue to conform to the terms and requirement of applicable
Page 11of12
this Contract shall be
Contract is held invalid
such remainder would
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 RUV1N, CLERK
By:
DEPUTY CLERK
Title
By:
(Corporate Seal)
MIAMI-DADE COUNTY, FLORIDA
By:
GEORGE M. BURGESS
COUNTY MANAGER
Page 12 of 12
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT D1
ATTACHMENT D2
ATTACHMENT D3
ATTACHMENT E
SUMMARY OF ATTACHMENTS
Scope of Services/ Program Narrative
Program Budget
Quarterly Project Performance Report & Invoice
Miami -Dade County Affidavits
Code of Business Ethics
Miami -Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers