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HomeMy WebLinkAboutExhibitContract Number (For Procurement Use Only) THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA AGREEMENT FORM FOR CONTRACTED SERVICES THIS AGREEMENT, entered into this 7th day of September 2010 , by and between The School Board of Miami -Dade County, Florida, hereinafter referred to as the 'AGENCY', and CITY OF MIAMI. a FLORIDA MUNICIPAL CORPORATION , hereinafter referred to as the 'CONTRACTOR', is as follows: (Name 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: Employed by the City of Miami, The Program Manager will be responsible for success- ful implementation and collaborations of the 21 st CCLC program components. Program Director will conduct bi-monthly meetings with school administration. lead teachers and community -based organizations Anticipated Outcome of Contracted Services: Program Director wit successfully implement and collaborate the 21 st CCLC Program Components. In addition. bi-monthly meetings will be conducted in a timely manner with school administration and partners. The collection of data and data reports wit be submitted on or before due dates. Location of Contracted Service: Lenora Bravnon Smith Elementary School 4700 NW 12th aye Miami, FI 33127 Date(s)/Hours of Service:. Monday -Friday 10:ooam-6:00pm: Saturday 8:30am-1:00pm and summer academy June 20 2011 - July 70 2011 830am-3-00pm 2. TERM OF AGREEMENT The Contractor shall commence performance of the Agreement on the 7th day of September and shall complete performance to the satisfaction of the Agency no later than the 30th day of June . 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.$ 44,869.00 which shall constitute the amount due under this contract. Contracts exceeding $50,000 require School Board approval. The Contractor agrees to assume responsibility for all per diem 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 §112.061 and Board Rule 6Gx13- 4C-1.07. 4. PAYMENT SCHEDULE Payment will be generated by the Agency's Accounts Payable Department within 30 days after completion of services. Payment will be made as indicated below: VI one lump sum payment in the amount of $ 44,869.00 upon completion of services ❑ partial payments in the amount of $ each Page 1 of 6 x� C ill 0319 FM-2453 Rev. (07-10) 5. RE.3ULATIONS & 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 Acrreement. 6. CONFIDENTIALITY OF STUDENT RECORDS Contractor understands and agrees that it is subject to all federal and state laws and School Board rules relating to the confidentiality of student information. Contractor further agrees to comply with the Family Educational Rights and Privacy Act ("FERPA"). Contractor shall regard all student information as confidential and will not disclose the student information to any third party. 7. 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. 8. GOVERNING LAW: VENUE This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. In the event of litigation, venue for any claim shall lie exclusively in a court of competent jurisdiction in Miami -Dade County. 9. HOLD HARMLESS The Contractor shall hold harmless, indemnify and defend the indemnitees (as hereinafter defined) against any claim, action, loss, damage, injury, liability, cost or expense of whatsoever kind or nature including, but not by way of limitation, attorneys' fees and court costs arising out of bodily injury to persons including death, or damage to tangible property arising out of or incidental to the performance of this contract (including goods and services provided thereto) by or on behalf of the Contractor, whether or not due to or caused in part by the negligence or other culpability of the indemnitee, excluding only the sole negligence or culpability of the indemnitor. The following shall be deemed to be indemnitees: the School Board of Miami -Dade County, Florida and its members, officers and employees. 10. TERMINATION AND SUSPENSION The School Board reserves the right to terminate this Agreement at.any time and.for any reason, upon giving thirty (30) days prior written notice to Contractor. If said Agreement should be terminated for convenience as provided herein, the School Board will be relieved of all obligations under this Agreement. The School Board shall only be required to pay the Contractor the amount for services performed prior to termination of the Agreement. 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 shall 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. Page 2 of 6 FM-2453 Rev. (07-10) 11. DEFAULT If the ontr acior falls to fulfill o. comply with any o; tn:. terms 07 conditions of the Agreement.. in whole 07 in pan. the Aoenc;d May piace rile :JntraZtcr In deiaul siat!:E. ano tape anv one of the lollovenht actions: aJCuspend activities under the Agreement. upon 15 clays advance written notice by the Agency CI 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 cause, in whole or in part, upon 15 days advance wriften notice from the Agency. 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 been compromised. d) Invoke any other remedy or remedies that may be legally available. 12. - 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. 13. 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 (3) years after final payment is made or received and all pending matters are completed pursuant to Title 34, Section 80.36 (1) and 85.510, and for a period of five (5) years pursuant to Florida Statute 257.36, or Florida Administrative Code chapter 1B. 14. PATENTS, COPYRIGHTS AND ROYALTIES All books, manuals, films or other materials suitable for copyright or patent, regardless of means of transmission, produced as a result of the work or services performed under or in connection with this Agreement, are hereby reserved as the exclusive property of and sole ownership by The School Board of Miami -Dade County, Florida, unless and to the extent that the parties agree otherwise, •as evidenced in writing and included as a part of this Agreement. Page 3 of 6 FM-2453 Rev. (07-10) BACKGROUND SCREENING R=CUIREMEI:TS In accordance v,iith the reduirernents of Sections. 1012.4�5. "i012.2_. and 10 .457. Florida Stet'tes. School Board Rules 3G; .. ..C24 and 6G>. 4C-1.021 as amended from, time. tie time. contractor sprees that I Contractor receives remuneration for services. Contractor and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and ali background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes and School Board rules prior to providing services to the School Board of Miami -Dade County. Additionally, Contractor agrees that each of its employees, representatives, agents, subcontractors or suppliers who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in the above -referenced statutes, and School Board rules. A noninstructional contractor who is exempt from the screening requirements set forth in 51012.465, §1012.468 or 91012.467, Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under §943.043 and the national sex offender public registry maintained by the United States Department of Justice. Contractor will not be charged for this search. Further, upon obtaining clearance by Board, if Board deems necessary, Board will issue a photo identification badge which shall be worn by the individual at all times while on Board property when students are present. Contractor agrees to bear any and all costs associated with acquiring the required background screening - including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Bid/RFP, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense enumerated in School Board Rules 6Gx13- 3F-1.24 and 6Gx- 4C-1.21 within 48 hours of its occurrence. Contractor agrees to provide the Board with a list of all its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the Board immediately upon becoming aware that one of its employees who was previously certified as completing the background check and meeting the statutory standards is subsequently arrested or convicted of any disqualifying offense. Failure by contractor to notify the Board of such arrest or conviction within 48 hours of being put on notice and within 5 business days of the • occurrence of qualifying arrest or conviction; shall constitute grounds for immediate termination of this Agreement. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the Board to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Agreement. 16. COMPLIANCE WITH SCHOOL CODE Contractor agrees to comply with all sections of the Florida K-20 Education Code, Title XLVIII, Florida Statutes as. it presently exists, and further as it may be amended from time to time. Further Contractor agrees that failure to comply with the Florida K-20 Education Code shall constitute a material breach of this Contract and may result in the termination of this Contract by the Board. 17. CONFLICT OF INTEREST Former Miami -Dade County Public Schools employees, classified as Managerial Exempt Personnel, Pay Grade 22 and above, Dade County Schools Administrators Association, Pay Grade 47 and above, and other equivalent positions, are prohibited from personally representing another person or entity or acting as an agent or attorney for compensation in connection with any matter in which The School Board of Miami -Dade County, Florida, is interested, for two years after the School Board employees' service terminates. This provision is pursuant to School Board Rule 6Gx13 - 4A-1.212 and Florida Statute §112.313(9). Page 4 of 6 FM-2453 Rev. (07-10) 1E. COMPLIANCE- WITH BOARD RULES ern aoreement with the School Board of Miami -Dade County Business Code of-thics, and acre$ to comply with t. CooE and all aooi oacie School Soard contractinc an procurement policies and procedures. (School Eoaro Rule S :x 3 - . 19. ASSIGNMENT This Contract may not be assigned nor may any assignment of monies due, or to become due to Contractor, be assigned without the prior written agreement of Miami -Dade County Public Schools. If Contractor attempts to make such an assignment, such attempt shall constitute a condition of default. 20. DEBARMENT Pursuant to Board Rule 6Gx13 - 3F1.023 - Contractor Debarment Procedures - Debarred contractors are excluded from conducting business with the Board as agents, representatives, partners, and associates of other contractors, subcontractors or individual sureties. 21. NO GRATUITY POLICY It is the policy of Procurement Management Services not to accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of their staffs, or families. 22. DAVIS-BACON ACT LABOR STANDARDS This project may be funded in whole or in part under the provisions of the American Recovery and Reinvestment Act of 2009. Therefore, the Contractor shall comply with all applicable provisions of 40 U.S.C. §276a-§276a-7, the Davis -Bacon Act, as supplemented by the Department of Labor regulations (29 C.F.R., PART 5 "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). 23. DISCLOSURE OF EMPLOYMENT OF FORMER SCHOOL BOARD EMPLOYEES Pursuant to School Board Rule 6Gx13- 3F-1.025 which may be accessed at http://www2.dadeschools.net/schoolboard/rulesall bidders, proposers, consultants, and contractors are required to disclose the names of any of their employees who serve as agents or principals for the bidder, proposer or contractor, and who within the last two years, have been or are employees of the School Board. Such disclosures will be in accordance with current School Board rules, but will include, at a minimum, the name of the former School Board employee, a list of the positions the employee held in the last two years of his or her employment with the School Board, and the dates the employee held those positions. NAME LIST OF POSITIONS DATES EMPLOYEE HELD POSITION Page 5 of 6 FM-2453 Rev. (07-10) APPROVED AS TO FORM: School Board Attorney - Signature 5V I✓ii MI-DLDE COUNT`` PUBLIC SCHOOLS (Superintendent of Schools or Designee) Sianature (Name Typed) SUBMITTED BY: VENDOR/CONTRACTOR BY: Charge Location Administrator - Signature Signature Regional Superintendent/Division Head - Signature Office of Grants Administration (if applicable) NOTE: Signature of Assistant Superintendent for the Office of Intergovernmental Affairs and Grants Administration required ONLY for contracts financed from Contracted. Programs Funds (Part IV). Name: (Name Typed) (Title) Address: F.E.I.N. (If organization) School Board Employee: Yes fl No Dl M-DCPS Employee No. Page 6 of 6 FM-2453 Rev. (07-10)