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HomeMy WebLinkAboutPre-LegislationCrystal Report Viewer Page 1 of 2 City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 10-00569 Enactment #: R-10-0182 Version: 1 Type: Resolution Introduced: 5/3/10 Status: Passed Enactment Date: 5/13/10 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) STIMULUS GRANTS, AWARDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, IN A TOTAL AMOUNT NOT TO EXCEED $599,476; CONSISTING OF A GRANT FOR THE IMPLEMENTATION OF THE CITY OF MIAMI'S BICYCLE MASTER PLAN, IN THE AMOUNT OF $276,000; AND A GRANT FOR THE PROVISION AND TRAINING OF SCHOOL CROSSING GUARDS, IN THE AMOUNT OF $323,476; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARDS. WHEREAS, the City of Miami ("City") submitted grant applications to the State of Florida Department of Health; and WHEREAS, the City was notified that two (2) grant applications were approved and awarded to the City, in a total amount not to exceed $599,476; and WHEREAS, one grant was awarded for the implementation of the City's Bicycle Master Plan, in the amount of $276,000; and WHEREAS, the project scope includes further implementation of the City's Bicycle Master Plan, installing bicycle racks in Miami -Dade County and throughout the City, working with the Safe Routes to School Project and throughout the City, identifying key locations for the installation of bicycle racks and signage, and erecting way -finding and Share the Road signage throughout the City; and WHEREAS, a second grant was awarded for the provision and training of school crossing guards, in the amount of $323,476; and WHEREAS, the project scope includes the provision, supervision, and training of school crossing guards for Miami -Dade County schools, and the placement of crossing guards at dangerous intersections in inner -cities to safely encourage walking to school; and WHEREAS, these grants are to be appropriated by separate resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. http://egov.ci.miami.fl.us/LegistarWeb/temp/rep1B59.html 6/24/2011 Crystal Report Viewer Page 2 of 2 Section 2. The City Manager is authorized { 11 to accept two (2) stimulus grants, awarded under the American Recovery and Reinvestment Act, from the State of Florida Department of Health, in a total amount not to exceed $599,476; consisting of a grant for the implementation of the City's Bicycle Master Plan, in the amount of $276,000; and a grant for the provision and training of school crossing guards, in the amount of $323,476. Section 3. The City Manager is authorized { 1 } to execute the State of Florida Agreements, in substantially the attached forms, to implement the acceptance of said grant awards. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} http://egov.ci.miami.fl.us/LegistarWeb/temp/rep1B59.html 6/24/2011 CFDA No. 93.724 CSFA No. STATE OF FLORIDA DEPARTMENT OF HEALTH STANDARD CONTRACT Client :Non -Client Multi -County ❑ Ties CONTRACT is entered into between the State of Florida, Department of Health, hereinafter referred to as the department, and City of Miami hereinafter referred to as the provider. THE PARTIES AGREE: I. 'THE PROVIDER AGREES: A. To provide services in accordance with the conditions specified In Attachment I. B. Requirements of §287.058, Florida Statutes (FS) To provide units of deliverables, including reports, findings, and drafts as specified in Attachment t, to be received and accepted by the contract manager prior to payment. To comply with the criteria and final date by which such criteria must be met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre -audit and post -audit thereof. Where applicable, to submit bills for any travel expenses in accordance with §112.061, FS. The department may, if specified in Attachment t, establish rates lower than the maximum provided in §112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply with this provision shall constitute an immediate breach of contract. C. To the Following Governing Law 1. State of Florida Law This contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced In all respects in accordance with the laws, rules, -and regulations of the State of Florida. Each party shall perform Its obligations herein in accordance with the terms and conditions of the contract. 2. Federal Law a. If this contract contains federal funds, the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations as specified In Attachment I. b. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under §306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), §508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department. c. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment j[II. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and retumed to the contract manager. d. Not to employ unauthorized aliens. The department shall consider -employment of unauthorized aliens a violation of §§274A(e) of the Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of this contract by the department. e. The provider and any subcontractors agree to comply with Pro -Children Act of 1994, Public Law 103-277, which requires that smoking not be permitted in any portion of any indoor facility used for the provision of federally funded services Including health, day care, early childhood development, education or library services on a routine or regular basis, to children up to age 18. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. f. HIPAA: Where applicable, the provider will comply with the Health Insurance Portability Accountability Act as well as all regulations promulgated thereunder (45CFR Parts 160, 162, and 164). D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the department under this contract. '2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of six (6) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section I, paragraph D.2. above. 4. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the department. 5. Persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(1 D), shall have full access to and the right to examine any of provider's contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. 6. To provide a financial and compliance audit to the department as specified in Attachment IT and to ensure that all related party transactions are disclosed to the auditor. 7. To Include these aforementioned audit and record keeping requirements In all approved subcontracts and assignments. E Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and services of the provider, which are relevant to this contract, and interview any clients and employees of the provider to assure the department of satisfactory performance of the terns and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the department within the specfied period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in any one or any combination of the following: (1} the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the department and (3) the termination of this contract for cause. F. Indemnification NOTE: Paragraph IPA . and I.F.2. are not applicable to contracts executed between state agencies or subdivisions, as defined in §768.28, FS. "1. The provider shall be liable for and shall indemnify, defend, and hold harmless the department and all of its officers, agents, and employees from all claims, suits, judgments, or damages, consequential or otherwise and including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the provider, Its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any parson or tangible or intangible property. 2. The provider's inability to evaluate liability or its evaluation of liability shall not excuse the provider's duty to defend and indemnify within seven (7) days after such notice by the department is given by certified mail. Only adjudication or judgment after highest appeal is exhausted specifically finding the provider not liable shall excuse performance of this provision. The provider shall pay all costs and fees related to this obligation and its enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of the above duty to defend. G. Insurance 1 Contract # DEVO4 To provide adequate liability insurance coverage on a comprehensive basis and to hold such lability insurance at all times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract, unless it is a state agency or subdivision as defined by §768.28, FS, the provider accepts full responsibility for Identifying and determining the type(s) and extent of liabiity insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such Insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as spedfied in Attachment I where appropriate. H. Safeguarding Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state and federal law or regulations except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. .1. Assignments and Subcontracts 1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department, which shall not be unreasonably withheld: Any sub -license, assignment, or transfer otherwise occurring shall be null and void. 2. The provider shall be responsible for all work performed and all expenses incurred with the project. If the department permits the provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it is understood by the provider that the department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the provider shall be solely liable io the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. The State of Florida shal at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to another govemmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors, assigns, and legal representatives of the provider and of any legal entity that succeeds to the obfgauons of the State of Florida. 4. The contractor shall provide a monthly Minority Business Enterprise report summarizing the participation of certified and non -certified minority subcontractors/material suppliers for the current month, and project to date. The report shall include the names, addresses, and dollar amount of each certified and non-certiled MBE participant, and a copy must be forwarded to the Contract Manager of the Department of Health. The Office of Supplier Diversity (850-487-0915) will assist in furnishing names of qualified minorities. The Department of Health, Minority Coordinator (850-245-4199) will assist with questions and answers. 5. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt of full or partial payments from the department in accordance with §§287.0585, FS. Failure to pay within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor In the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department in the event that the provider or its Independent auditor discovers that overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Incident Reporting Abuse, Neglect, and Exploitation Reporting In compliance with Chapter 416, FS, an employee of the provider who knows or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline on the single statewide toll -free telephone number (1-800-96ABUSE). L. Transportation Disadvantaged If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, FS, and Rule Chapter 41-2, FAC. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, DOH Accounting Procedures Manual. M. Purchasing 1. PRIDE It is agreed that any articles which are the subject of, or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, FS, in the same manner and under the procedures set forth in §§946.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applcable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (850) 487-3774. 2. Procurement of Materials with Recycled Content It is expressly understood and agreed that any products or materials which are the subject of, or are required to cany out this contract shall be procured in accordance with the provisions of §403.7085, and §287.045, FS. 3. MyFloridaMarketPlaoe Vendor Registration Each vendor doing business with the State of Florida for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, shall register in the MyFloridaMarkelPlace system, unless exempted under Florida Administrative Code Rule 60A-1.030(3) (F.A.C.). 4. MyFloridaMarketPiace Transaction Fee The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide °Procurement system. Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Provider shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or Its designee. The Provider shall receive a credit for any Transaction Fee paid by the Provider for the purchase of any item(s) if such item(s) are returned to the Provider through no fault, act, or omission of the Provider. Notwithstanding the foregoing, a Transaction Fee Is non-refundable when an Item is rejected or returned, or declined, due to the vendor's failure to perform or comply with spedfications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering reprocurement costs from the vendor In addition to al outstanding fees. Providers delinquent in paying transaction fees may be excluded from conducting future business with the State. N. Civil Rights Requirements Civil Rights Certification: The provider will comply with applicable provisions of DOH publication, "Methods of Administration, Equal Opportunity in Service Delivery." O. Independent Capacity of the Contractor 1. In the performance of this contract, it is agreed between the parties that the provider is an independent contractor and that the provider is solely liable for the performance of all tasks contemplated by this contract, which are not the exclusive responsibility of the department. 2. Except where the provider is a state agency, the provider, its officers, agents, employees, subcontractors, or assignees, in performance of this contract, shall act in the capadty of an independent contractor and not as an officer, employee, or agent of the State of Florida. Nor shall the provider represent to others that it has the authority to bind the department unless specifically authorized to do so. 3. F wept where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and obligations of this contract 4. The provider agrees to take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, Joint venturer, or partner of the State of Florida. 2 Contract # DEV04 5. Unless justified by the provider and agreed to by the department in Attachment I, the department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the provider, or its subcontractor or assignee. 6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the responsibility of the provider. P. Sponsorship As required by §286.25, FS, if the provider is a non-govemmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: Sponsored by (provider's name) and the State of Florida, Department of Heatth. If the sponsorship reference is in written material, the words State of Florida, Department of Health shall appear in the same size letters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the department no more than 30 days after the contract ends or is terminated. If the provider fails to do so, all right to payment is forfeited and the department will not honor any requests submitted after the aforesaid fire period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary acustments thereto have been approved by the department. R. Use of Funds for Lobbying Prohibited To comply with the provisions of §216.347, FS, which prohibit the expenditure of contract funds for the purpose of lobbying the legislature, judicial branch, or a state agency, S. Public Entity Crime and Discriminatory Vendor 1. Pursuant to §287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In §287.017, FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 2. Pursuant to §287.134, FS, the following restrictions are placed on the ability of persons convicted of discrimination to transact business with the department: When a person or affiliate has been placed on the discriminatory vendor list following a conviction for discrimination, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §267.017, FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the discriminatory vendor list. T. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this contract. or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought In the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2 In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. 3. The provider, without exception, shall indemnify and save harmless the State of Florida and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented Invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The State of Florida wilt provide prompt written notification of claim of copyright or patent infringement Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the Department of State, the right to continue use of, replace, or modify the article to render it non -infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, It is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials In any way involved in the work. U. Construction or Renovation of Facilities Using State Funds Any state funds provided for the purchase of or improvements to real property are contingent upon the provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of a receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. V. Electronic Fund Transfer The provider agrees 10 enroll in Electronic Fund Transfer, offered by the State Comptrollers Office. Copies of Authorization form and sample bank letter are available from the Department. Questions should be directed to the EFT Section at (850) 410-9466. The previous sentence is for notice purposes only. W. Information Security The provider shall maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this agreement and shall comply with state and federal laws, including, but not limited to, sections 384.29, 381.004, 392.65, and 456.057, Florida Statutes. Procedures must be implemented by the provider to ensure the protection and confidentiality of all confidential matters. These procedures shall be consistent with the Department of Health information Security Policies, as amended, which is incorporated herein by reference and the receipt of which is acknowledged by the provider, upon execution of this agreement. The provider will adhere to any amendments to the departments security requirements provided to it during the period of this agreement. The provider must also comply with any applicable professional standards of practice with respect to client confidentiality. H. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I In an amount not to exceed $276,000,00 subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. B. Contract Payment Pursuant to §215.422, FS, the department has five (5) working days to inspect and approve goods and services, unless the bird specifications, Purchase Order, or this contract specifies otherwise. With the exception of payments io health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to §55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the fiscal office/contract administrator. Payments to health care providers for hospitals, medical, or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, at the daily interest rate of 0.03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. Invoice payment requirements do not start until a properly completed invoice is provided to the department. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or (800) 848-3792, the State of Florida Chief Financial Officer's Hotline. 3 Contract # DEVO4 Ill. THE PROVIDER AND THE DEPARTMENT MUTUALLY AGREE A. Effective and Ending Dates This contract shall begin on July 1, 2010 or on the date on which the contract has been signed by both parties, whichever is later. It shall end on March 18 2012 B. Termination 1. Terrnination at Will This contract may be terminated by either party upon no less than thirty (30) calendar days notice in wriling to the other party, without cause, unless a lesser time is mutually agreed upon in writing by both parties. Said notice shalt be delivered by certfied mail, return receipt requested, or In person with proof of delivery. 2. Temlination Because of Lack of Funds In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed prior to notification of termination. 3. Termination for Breach This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in wriling to the provider. If applicable, the department may employ the default provisions in Chapter 60A-1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract The provisions herein do not limit the department's right to remedies at law or in equity. 4. Termination for Failure to Satisfactorily Perform Prior Agreement Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department or (2) had a contract terminated by the department for cause. C. Renegotiation or Modification Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed by both parties. The rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. D. Official Payee and Representatives (Names, Addresses and Telephone Numbers) 1. The name (provider name as shown on page 1 of this contract) and mailing 3. The name, address, and telephone number of the contract manager for address of the official payee to whom the payment shall be made is: the department for this contract is: Frederick Villari City of Miami Attn: Erica Paschal 444 SW 2pd Avenue 8'" Floor Miami, Florida 33130 2. The name of the contact person and street address where financial and administrative records are maintained is: City of Miami cio Erica Paschal 444 SW 2"tAvenue, flu' Floor Miami Florida 33130 305-41 6r 1282 8323 NW 121' Street, Suite 214 Miami Florida 33126 (786) 845-0356 4. The name, address, and telephone number of the provider's representative responsible for administration of the program under this contract is: Collin Werth 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 305-416-1022 5. Upon change of representatives (names, addresses. telephone numbers) by either party, notice shall be provided in writing to the other party and said notification attached to originals of this contract. E. All Terms and Conditions Included This contract and Its attachments as referenced, Attachment 1,11. Ill, & IV, Exhibit 1 II contain all the terns and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be illegal or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. I have read the above contrac and understand each section and paragraph. IN WrrNESS THEREOF, the py ,-s hereto have caused this 23 page contract to be executed by their undersigned officials as duly authorized. PROVIDER City of Miam1 ` STATE o . FLORI ►�i lEPARTMENT o TH 7 , SIGNED BY: SIGNED — —'� "'� NAME: CARLOS MIGoYA NAME: LILLIAN RIVERA, RN, MSN TITLE: /jCITY MANAGER TITLE: ADMINISTRATOR DATE: /O /io DATE: r/ -i - l o STATE AGENCY 29-DIGIT FLAIR CODE: 6 4 2 0 2 14 100 1642007001404000000 FEDERAL CID # (on SSN): 596000375 PROVIDER FISCAL YEAR ENDING DATE: 9/30/2010 4 Contract # DEVO4 (SEAL) ATTEST: Priscilla A. Tho THE CITY OF MIAMI, FLORIDA Clerk CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida APPROVED A T• 1 SURANCE APPROVED AS TO LEGAL FORM REQUIREME, AND CORRECTNESS: tzt 1 �r ru,, By: LeeArn Breh Julie Bru, City Attorney Risk ,Manage -ntAdministrator ATTACHMENT I A. Services to be Provided 1. Definition of Terms a. Contract Terms 1. Contract Manager — The Department's employee responsible for enforcing the performance of contract terms and conditions, scheduling and monitoring of work being performed, inspection and acceptance of Services provided and approval for payment of Services completed. The Contract Manager is the Department's primary point of contact through which all contracting information flows between the Department and the Provider. Corrective Action Procedures — Procedures which will be used by the Provider to respond to and correct deficiencies in service which have been identified by either the Provider or Contract Manager. 3. Department — The Florida Department of Health or its representative county health Department. 4. Department Contact — A Department employee responsible for the supervision of this contract. This employee will ensure the goals of the contract are being met and the guidelines are being followed. '5. Fixed Price -Fixed Fee — A method of payment used when the total contract price is determined up front and paid upon completion of the total service requirements of the contract. 6. Hours of Operation — The Department's Hours of Operation are Monday through Friday, from 8:00 am - 5:00 pm, excluding holidays. Project Manager(s) — The Provider's employee responsible for the management of the contract, scheduling and monitoring of work being performed, inspection of Services provided and the submission of payment documents for all Services completed. The project manager is the Provider's primary point of contact through which all contracting information flows between the Department and the Provider. 8. Provider — The entity awarded the contract. b. Program or Service Specific Terms 1. Communities Putting Prevention to Work (CPPW) — Community based obesity prevention campaign that will include culturally sensitive educational materials and resources aimed at supporting .healthy policy, system and environmental changes, for impacting obesity, physical activity and nutrition in the Miami -Dade County area. 5 2. Consortium — The Consortium for a Healthier Miami -Dade. 2. General Description a. General Statement 1. Services to be performed under this contract include but are not limited to developing a master plan for bicycle rack installation throughout the city of Miami, installing bicycle racks, and installing way -finding and share the road signage in support of the objectives of the Communities Putting Prevention to Work campaign. b. Authority 1. Chapter 287.057, Florida Statutes. c. Scope of Service 1. Services specified in this contract will be provided to individuals in Miami -Dade County. d. Major Program Goals 1. The goal of this program is to increase physical activity by encouraging people to walk or use bicycles instead of driving in order to manage the prevalence of obesity and other health disparities among underserved and underinsured populations. 3. Clients to be Served a. All persons seeking to participate in physical activity, such as cycling or walking in Miami - Dade County schools and the City of Miami. B. Manner of Service Provision 1. Service Tasks a. Task List The general types of services performed by the Provider include, but are not limited to: 1. Implementing the Bicycle Master Plan for the City of Miami. 2. Installing bicycle racks in Miami -Dade County Schools throughout the City of Miami. 3. Identifying and installing bicycle racks throughout the City of Miami, including parks, public facilities, and the Right of Way. 4. Erecting way -finding and share the road signs as well as pavement markings such as Shared Use Lane Markings throughout the City of Miami. 6 5. Completing quarterly reports of services rendered under this contract. 6. Taking photographs of site locations before and after bicycle racks and way -finding signs are installed. b. Task Limits 1. The Provider and its personnel are required to adhere to all Federal, State and local laws that apply to the provision of services under the contract. 2. Staffing Requirements a. Staffing Levels 1. The Provider shall have available at all times, a sufficient number of capable and qualified employees to enable the contract to properly, adequately, and safely perform all work required under the terms of this contract. The following employees shall also be maintained: Project Manager — Responsible for overseeing implementation of all projects. The Project Manager will coordinate with the Miami -Dade County School Board to determine needed locations for rack installation, and with the Public Works Departments of the City of Miami and Miami -Dade County to ensure bicycle racks are appropriate and properly placed. In addition, the Project Manager will coordinate the Requests for Proposals (RFPs) with City staff and review and award projects to contractors. Construction Manager — Responsible for overseeing proper installation of all projects. The Construction Manager will coordinate installation of signs and bicycle racks with contractors, oversee that the project is implemented properly, and coordinate any and all change orders and close out documents. Contractor — Responsible for implementing and installing bicycle racks and way - finding and bicycle route signs. b. Professional Qualifications 1. The Project Manager, Construction Manager and Contractor are each required to maintain all professional licenses, certifications, and/or experience as required by Federal, State and Local Laws. c. Staffing Changes 1. Staffing changes may be made as long as the staff members continue to meet the professional qualifications listed above. 7 2. The Provider shall notify the contract manager in writing of any staff changes, staff vacancies or termination of employment of any staff position referenced in this contract within fourteen (14) calendar days of the termination. 3. Service Location and Equipment a. Service Location 1. The financial and overall administrative responsibilities for this project will be administered at the Providers headquarters office located at 444 SW 2n Avenue, 8th Floor, Miami, FL 33130. 2. Service locations shall be determined by the Director of the Office of Community Health and Planning and the CPPW Program Manager in conjunction with the Provider. b. Service Times 1. The Provider's office will be open from Monday through Friday, except on State of Florida and Miami -Dade County recognized holidays or during Local emergencies. 2. The service times for the service locations shall be determined by the Director of the Office of Community Health and Planning and the CPPW Program Manager in conjunction with the Provider. c. Change in Location 1. The Provider shall notify the contract manager in writing of any change in the Provider's location at least one month prior to moving. d. Equipment 1. The Provider shall provide equitable support services necessary to carry out the provisions of this contract. 2. All equipment under this contract is under the sole responsibility of the Provider. 4. Deliverables a. Service Unit Each Deliverable shall be considered to be one (1) service unit. The Provider shall submit the following as deliverables: 1. Deliverable #1 (Due by July 31, 2010): Quarterly Report, which shall include: (a) Baseline data listing the proposed sites for bicycle racks and way -finding signs. (b) Description of the type of bicycle racks and signs to be purchased and installed: - Inverted "U" and hitch rack. 8 - Signage dictated by the MUTCD (Manual on Uniform Traffic Control Devices) (W16-1 & W11-1 "Share the Road" / R4-11 "Bikes May Use Full Lane" / Sharrow 9c-9 / Way -Finding D1-lb, D1-2b, and D1-3b) (c) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 2. Deliverable #2 (Due by October 31, 2010): Quarterly Report, which shall include: (a) 40% of 300 bicycle racks purchased and installed in Miami -Dade County Schools. (b) 20% of 400 bicycle racks purchased and installed in the City of Miami. (c) 30% of 50 share the road signs purchased and installed. (d) 50% of 15 way -finding signs purchased and installed. (e) 30% of 5 miles of pavement markings installed. (f) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 3. Deliverable #3 (Due by January 31, 2011): Quarterly Report, which shall include:. (a) 80% of 300 bicycle racks purchased and installed in Miami -Dade County Schools. (b) 40% of 400 bicycle racks purchased and installed in the City of Miami. (c) 60% of 50 share the road signs purchased and installed. (d) 100% of 15 way -finding signs purchased and installed. (e) 60% of 5 miles of pavement markings installed. (f) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 4. Deliverable #4 (Due by April 30, 2011): Quarterly Report, which shall include: (a) 100% of 300 bicycle racks purchased and installed in Miami -Dade County Schools. (b) 60% of 400 bicycle racks purchased and installed in the City of Miami. (c) 80% of 50 share the road signs purchased and installed. (d) 80% of 5 miles of pavement markings installed. (e) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 5. Deliverable #5 (Due by July 31, 2011): Quarterly Report, which shall include: (a) 80% of 400 bicycle racks purchased and installed in the City of Miami. (b) 100% of 50 share the road signs purchased and installed. (c) 100% of 5 miles of pavement markings installed. (d) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 6. Deliverable #6 (Due by October 31, 2011): Quarterly Report, which shall include: (a) 100% of 400 bicycle racks purchased and installed in the City of Miami. (b) Photographs of site locations before and after bicycle racks and way -finding signs are installed. 7. Deliverable #7 (Due by January 31, 2012): Quarterly Report, which shall include: 9 (a) Final Report. (g) Photographs of site locations before and after bicycle racks and way -finding signs are installed. b. Reports 1. Quarterly reports must be presented to the Contract Manager and the Department Program Manager within 15 days of issuance. These reports may be presented to the Contract Manager after the end of the contracting period. c. Records and Documentation 1. The Provider will maintain the following records and documentation: a. A fully executed original of this contract, and any amendments hereto. b. Information sufficient to document compliance with this contract. 5. Performance Specifications a. Outcomes and Outputs 1. The Provider will create quarterly reports where the Department can follow up the progress of the installation of bicycle racks and signage. Performance indicators shall include: (a) 100% of bicycle racks purchased for Miami -Dade County Schools will be installed. (b) 100% of bicycle racks purchased for the City for the City of Miami will be installed. (c) Key locations for installation will be identified for 100% of bicycle racks and signage. (d) 100% of way -finding and share the road signs will be installed. (e) 100% of shared use lane marking signs will be installed. (f) 100% of pavement markings will be installed. b. Monitoring and Evaluation Methodology 1. By execution of this contract, the Provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth above, and will be bound by the conditions set forth below. If the Provider fails to meet these standards, the Department at its exclusive option, may allow up to six months for the Provider to achieve compliance with the standards. If the Department affords the Provider and opportunity to achieve compliance, and the Provider fails to achieve compliance within the specified time frame, the Department will terminate the contract in the absence of any extenuating or mitigating circumstances. The determination of the 10 extenuating or mitigating circumstances is the exclusive determination of the Department. 2. At least once per year, the contract manager will conduct an on -site monitoring of the Provider. This monitoring will include an entrance interview, file and document review and an exit interview. 3. The Provider will receive a written report within 30 days of the on -site monitoring visit. 4. If performance deficiencies are identified, the Provider will draft a corrective action plan and submit it to the contract manager within 30 days of receipt of the notification of deficiencies. The contract manager will approve the corrective action plan prior to implementation by the Provider. No corrective action can be considered valid without the Departments authorization. The Provider is solely responsible for correcting performance deficiencies. The Department will provide technical assistance as requested by the Provider in writing or identified in the corrective action plan. 6. Provider Responsibilities a. The Provider will deliver the services set forth in this contract in accordance with the terms of this contract. b. Consortium Meetings - It is a mandatory obligation that the Provider shall attend any and all Consortium meetings specifically related to the Provider's respective interventions. Furthermore, the Provider must be proactive in the aforementioned Consortium meetings and actively contribute to the goals and objectives determined by said Consortium. 7. Department Responsibilities a. Department Obligations 1. The Department shall submit to the Provider only those invoices for payment that have been deemed in compliance with Chapter 287, Florida Statutes. b. Department Determinations. 1. The Department has full authority over approving the quality and acceptability of services delivered. The Department reserves the right to renegotiate or terminate this contract if the performance standards are not met. 2. The determination of extenuating or mitigating circumstances is the exclusive determination of the Department. C. Method of Payment 1. Fixed Price/Fixed Fee 11 a. This is a fixed price (fixed fee) contract. The Department agrees to pay the Provider, upon satisfactory completion of both the service(s) rendered and all terms and conditions specified in this contract, the amount of $276,000.00, paid in six (6) equal quarterly payments of $39,428.57 and one (1) quarterly payment of $39,428.58, subject to the availability of the funds. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. b. The Department reserves the right to withhold any or all contract fees if the Provider fails to comply with any terms and/or conditions in this contract. The Department's decision to withhold or reduce quarterly payments shall be submitted to.the Provider in writing. The written notice shall specify the manner and extent to which the Provider has failed to comply with the terms of the contract and the timeframes for compliance. c. Invoice Requirements: In order to receive the quarterly payment, the Provider shall request payment on a quarterly basis through submission of a properly completed invoice (Attachment IV) within ten (10) days following the end of the quarter for which reimbursement is being requested. A quarterly report as outlined in Section B.4.b shall accompany each invoice. d. The Provider shall submit one (1) original and four (4) copies of the Quarterly Request for Payment Invoice (Attachment IV) to: Frederick Villari, Contract Manager, 8323 NW 12t Street, Suite 214, Miami, Florida 33126. e. The Department reserves the right to withhold any or all contract fees if the Provider fails to comply with any terms and/or conditions in 'this contract. The Department's decision to withhold or reduce quarterly payments shall be submitted to the Provider in writing. The written notice shall specify the manner and extent to which the Provider has failed to comply with the terms of the contract and the timeframes for compliance. The Department will pay the withheld funds to the Provider upon receipt of a supplemental invoice for the amount previously reduced accompanied by supporting documentation of the appropriately amended invoice. f. The Provider is required to maintain and have available certain documentation. The Department of Health or the State of Florida Comptroller's Office may request additional information at any time. In addition to all documentation listed above being submitted with the invoice, the same information must be kept on file with the Provider and made available within twenty-four hours notice. Examples of the types of support documentation that must be available upon request are listed below: 1. Documentation of service delivery is required. The Provider must maintain records documenting any and all work performed and the date(s) on which the work was performed, so that an audit trail documenting service provision is available. 2. Program Income: Program income refers to income received or earnings realized from he performance of a specific activity during the period of the contract. The Provider must maintain records documenting the kind and amount of any income received as a direct result of income/expenditures which shall detail the amount and disposition of all program income. D. Special Provisions Section 12 1. Required Notification The Provider agrees to notify the Department's Contract Manager within five (5) business days of any change of event in the agency's corporate status, i.e. administrative dissolution, etc. 2. Facility Standards The Provider agrees that any facility used, pursuant to the provision of Services under this contract shall comply with state and local fire and health codes, the Americans with Disabilities Act, and all other codes that would apply if space so utilized were owned or leased by the State. 3. Inspection and Effect of Payment The Services performed by the Provider shall be subject to the Department's reasonable inspection and approval. The Department shall at all times haveaccessto the areas where the services are being performed. Neither inspection, nor lack thereof, or payment of an invoice by the Department shall be deemed approval or be construed to be a waiver of the Department's rights under this contract. 4. Further Acts Each party to this contract agrees to perform any further act and to execute, acknowledge, and deliver any documents, which may be reasonably necessary to carry out the provisions of this contract. 5. Severability If any term, covenant, condition, or provision of this contract, or their application to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the parties shall renegotiate the unenforceable or invalid terms so as to effect the intent of this contract, and the remainder of the provisions of this contract, or their application to any person or circumstance, and shall remain in full force and effect. 6. Litigation This contract is governed by the laws of the state of Florida. 9. Provider's Authority Provider warrants and represents that Provider has authority to enter into this contact and any person signing it on Provider's behalf has been duly authorized to execute this contract for Provider. 8. Renewal This contract may not be renewed. 13 9. Information Security The Provider shall comply with Department of Health Information Security Policies as it relates to electronic transmission of confidential or sensitive information via the Internet. The Provider agrees to the following: a. Electronic transmission of confidential information via Internet must be encrypted. Unless encrypted, the Provider may not send any patient, confidential or sensitive information via electronic mail. b. Wireless Devices: Sending Confidential information via wireless devices is prohibited unless the information can be encrypted in transmission and the device is secured by password. In addition, the wireless device must be an approved DOH standard. c. All external, electronic data files with confidential information must be encrypted. This applies to all files to be electronically transmitted or transported in any way. d. Other electronic transmissions of confidential/sensitive information must be safeguarded consistent with current departmental policies and protocols. e. Confidential/sensitive information must be kept secured within the facility and while in transit to an authorized recipient by using appropriate administrative, technical and physical safeguards. f. Confidential/sensitive information about clients and employees must be kept private/secured when using facsimile machines, telephones and mail or courier services. End of Text 14 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by the Department of Health to the provider may be subject to audits and/or monitoring by the Department of Health, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department of Health staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Health. In the event the Department of Health determines that a limited scope audit of the provider is appropriate, the provider agrees to comply with any additional instructions provided by the Department of Health to the provider regarding such audit. The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of Health by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of Federal awards, including Federal resources received from the Department of Health. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., 15 the cost of such audit must be paid from provider resources obtained from other than Federal entities.) 4. An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Health shall be based on the agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the Department of Health agreement involved. If not otherwise disclosed as required by Section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement number for each agreement with the Department of Health in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end. PART 11: STATE FUNDED This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of Health by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state financial assistance received from the Department of Health, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the provider shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10,550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources obtained from other than State entities). 16 4. An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to agreements with the Department of Health shall be based on the agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the Department of Health agreement involved. If not otherwise disclosed as required by Rule 691- 5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the Department of Health in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year end for local governmental entities. Non-profit or for -profit organizations are required to be submitted within 45 days after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the applicability of this portion, the Department of Health retains all right and obligation to monitor and oversee the performance of this agreement as outlined throughout this document and pursuant to law. PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the provider directly to each of the following: A. The Department of Health at each of the following addresses: Contract Administrative Monitoring Unit 4052 Bald Cypress Way, Bin B01 (HAFACM) Tallahassee, FL 32399-1729 The contract manager for this agreement listed in the standard agreement. B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department of Health at each of the following addresses: 17 Contract Administrative Monitoring Unit 4052 Bald Cypress Way, BIN B01 (HAFACM) Tallahassee, Florida 32399-1729 The contract manager for this agreement listed in the standard agreement. 3. Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the provider directly to each of the following: A. The Department of Health at each of the following addresses: Contract Administrative Monitoring Unit 4052 Bald Cypress Way, BIN B01 (HAFACM) Tallahassee, FL 32399-1729 The contract manager for this agreement listed in the standard agreement. B. The Auditor General's Office at the following address: Auditor General's Office Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of Health pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 5. Providers, when submitting financial reporting packages to the Department of Health for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the provider in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued, and shall allow the Department of Health or its designee, the CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made available to the Department of Health, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department of Health. End of Text 18 EXHIBIT 1 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program 1 CDC-RFA-DP09-912ARRA09 CFDA# 93.724 Title ARRA — CPPW $276 000,00 Federal Program 2 CFDA# Title $ 0,00 TOTAL FEDERAL AWARDS $276,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: • 2 CFR 225 alk/a OMB Circular A-87 — Cost Principles* • OMB Circular A-102 — Administrative Requirements*" • OMB Circular A-133 — Audit Requirements • Reference Guide for State Expenditures • Other fiscal requirements set forth in program laws, rules and regulations SPECIAL REQUIREMENTS: • Recipients may only expend funds for reasonable program purposes, including personnel, travel, supplies, and services, such as contractual to reduce risk factors, prevent and delay chronic disease, promote wellness, and better manage chronic conditions in the following areas; to increased levels of physical activity, improved nutrition (e.g. increased fruit/vegetable consumption, reduced salt and transfats); decreased smoking prevalence and decreased teen smoking initiation; and to decreased exposure to secondhand smoke. • Recipients may not use funds for research. Recipients may not use funds for clinical care. Recipients may not generally use HHS/CDC/ATSDR funding for the purchase of furniture or equipment. Any such proposed spending must be identified in the budget. • The recipient must perform a substantial role in carrying out project objectives and not merely serve as a conduit for an award to another party or provider who is ineligible. • Recipients may not spend more than 10% of the total award on nicotine replacement therapy. • Recipients must comply with 45 CFR Part 92. 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Matching resources for federal program(s) CFDA# Title $0.00 State financial assistance subject to Sec. 215.97, F.S.: CSFA# Title $0.00 TOTAL STATE FINANCIAL ASSISTANCE AWARDED PURSUANT TO SECTION 215.97, F.S. $0.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 19 EXHIBIT 2 PART I: AUDIT RELATIONSHIP DETERMINATION Providers who receive state or federal resources may or may not be subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable programmatic and fiscal compliance requirements. In accordance with Sec. 210 of OMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be: Vendor or exempt entity and not subject to OMB Circular A-I33 and/or Section 215.97, F.S. X Recipient/subrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S. ❑ Recipient who is exempt from Section 215.97, F.S. (public university, community college, district school board, branch of state government, charter schools) ❑ Subrecipient who is exempt from OMB Circular A-133 (for -profit organization) NOTE: Ha provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I-.006(2), FAC [state financial assistance] and Section .400 OMB Circular A-133 [federal awards]. NOTE: Recipients/Subrecipients who are exempt from the audit requirements set forth in OMB Circular A-133 and Section 215.97, Fla. Stat., are not required to have a Single Audit. However, the exempt organization must comply with all compliance requirements set forth within the contract or award document. PART 11: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws, rules and regulations: STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW: 2 CFR 225 a/k/a OMB Circular A-87 — Cost Principles* OMB Circular A-102 — Administrative Requirements** OMB Circular A-133 - Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations NON-PROFIT ORGANIZATIONS MUST FOLLOW: 2 CFR 230 a/k/a OMB Circular A-122 — Cost Principles* 2 CFR 215 a/k/a OMB CircularA-110 —Administrative Requirements OMB Circular A-133 — Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW: 2 CFR 220 a/k/a OMB Circular A-21 — Cost Principles* 2 CFR 215 a/k/a OMB Circular A-110 —Administrative Requirements OMB Circular A-133 -- Audit Requirements Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1. **For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department of Education, 34 CFR 80. 20 STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a recipient/subrecipient, must comply with the following fiscal laws, rules and regulations: Section 215.97, Fla. Stat. Chapter 691-5, Fla. Admin. Code State Projects Compliance Supplement Reference Guide for State Expenditures Other fiscal requirements set forth in program laws, rules and regulations Additional audit guidance or copies of the referenced fiscal laws, rules and regulations may be obtained at http:/lwww.doh.state.fl.us/ by selecting "Contract Administrative Monitoring" in the drop -down box at the top of the Department's webpage. * Enumeration of laws, rules and regulations herein is not exhaustive nor exclusive. Fund recipients will be held to applicable legal requirements whether or not outlined herein. 21 ATTACHMENT III CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in the connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in the connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants and contracts under grants, bans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by §1352, Title 31, U.S. Code. Any person who fails to file the required ification shall be subject to a civil penalty of not less than $10,000 and not more than $100,00 each such failure. Signa Carlos A. Migoya, City Manager Name of Authorized Individual City of Miami Name of Organization 444 SW 2nd Avenue, 8th Floor, Miami, FL 33130 Address of Organization 22 Date DE' /O4 Application or Contract Number Date: Department of Health Miami -Dade County Health Department 8323 N.W. 12th Street, Suite 214 Miami, Florida 33126 ATTACHMENT IV CITY OF MIAMI QUARTERLY INVOICE Fixed Price, Fixed Fee Contract Reporting Period: to Contract #DEVO4 Provider: City of Miami Attn: Erica Paschal 444 SW 2°' Avenue, 8th Floor Miami, Florida 33128 Description of Services: Provision of contract services as per Attachment 1 of referenced contract. The Quarterly Services Report has been forwarded to DOH contract manager on record. Amount of Request: $ I certify that the above report is a true, accurate and correct reflection of the activities and deliverables provided during this period and that the expenditures are directly related to the purpose of this contract. All appropriate deliverables have been provided as per Attachment I of this contract. PROVIDER: By: Signature of Provider's Authorized Official Title: Date: Telephone #: Type of Invoice Request: ❑ Regular ❑ Final 23 DEPARTMENT: By: Date: By: Contract Manager's Supervisor Date: Contract Manager AMENDMENT # 001 THIS AMENDMENT, entered into between the State of Florida, Department of Health, hereinafter referred to as the "department" and City of Miami, hereinafter referred to as the "provider", amends contract # DEV04. 1. Page 8, Attachment I, Section B., Paragraph 4. Deliverables. A. Service Unit. is hereby amended to read as follows: 1. Deliverable #1 (Due by July 31, 2010): Quarterly Report, which shall include: (a) Baseline data listing the proposed sites for bicycle racks and way - finding signs. 100% of Sites determined. (b) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 0% of 100% Permit sketches to be created for approval. (c) Number of bicycle racks purchased and installed in the City of Miami. 0% of 100% Permit sketches to be created for approval. (d) Number of share the road signs purchased and installed. 0% of 100% Permit sketches to be created for approval. (e) Number of way -finding signs purchased and installed. 0% of 100% Permit sketches to be created for approval. (f) Number of pavement markings installed. 0% of 100% Permit sketches to be created for approval. (g) Description of the type of bicycle racks and signs to be purchased and installed. Will be provided in the quarterly report. Currently planning to Use the inverted U, and bike hitch racks. Signage dictated by the MUTCD (W16-1 & W11-1 share the road signs), R4-11 (Bikes May Use Full Lane) & Sharrow (9c-9), and Way -Finding signs (D1-1b, D1-2b, and D1-3b). (h) Photographs of site locationsbefore and after bicycle racks and signage are installed. 2. Deliverable #2 (Due by October 31, 2010): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 10% of 266 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 10% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 10% of 44 signs to be installed. (d) Number of way -finding signs purchased and installed. 0% of 25 way -finding signs. Sketches for fabrication will be 100% complete. (e) Number of pavement markings installed. 10% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Provide a more Detailed Baseline data specifically listing the proposed sites for Bicycle racks and way finding signs and their precise locations. 3. Deliverable #3 (Due by January 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 30% of 266 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 30% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 50% of 44 signs to be purchased and installed. (d) Number of way -finding signs purchased and installed. 0% of 25 way -finding signs to be purchased and installed. Pending delivery to begin installation. (e) Number of pavement markings installed. 30% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. 4. Deliverable #4 (Due by April 30, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 50% of 266 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 50% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 80% of 44 signs to be purchased and installed. (d) Number of way -finding signs to be purchased and installed. 50% of 25 way -finding signs to be purchased and installed. (e) Number of pavement markings installed. 60% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. C) 5. Deliverable #5 (Due by July 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 75% of 266 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 75% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 100% of 44 share the road signs to be purchased and installed. (d) Number of way -finding signs purchased and installed. 100% of 25 way -finding signs to be purchased and installed (e) Number of pavement markings installed. 100% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. 6. Deliverable #6 (Due by October 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 100% of 266 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 100% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. Completed (d) Number of way -finding signs purchased and installed. Completed (e) Number of pavement markings installed. Completed (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h:) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. (i) Utilize assessment findings to develop audience focused communication and promotional materials. (j) Implement a promotional outreach campaign to inform residents of safe and friendly bicycle routes. 7. Deliverable #7 (Due by January 31, 2012): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools Completed (b) Number of bicycle racks purchased and installed in the City of Miami Completed (c) Number of share the road signs purchased and installed. Completed (d) Number of way -finding signs purchased and installed. Completed (e) Number of pavement markings installed Completed • (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. (i) Utilize assessment findings to develop audience focused Communication and promotional materials. (j) Implement a promotional outreach campaign.to inform residents of safe and friendly bicycle routes. 8. (a) Final Report 2. This amendment shall begin on November 1, 2010, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this 4 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: SIGNED BY: NAME: TITLE: DATE: f Miami • CARLOS MIGOYA CIT Y ANAG )d FEDERAL ID NUMBER: 59-6000375 STATE OF FLORIDA DEP A ` T OF HEALTH SI ' NE NAME: LILLIAN RIVERA, RN, MSN TITLE:: ADMINISTRATOR DATE: ( ( (-- ATTEST: Priscilla A. Thompson, City Clerk City of Miami, a municipal corporation of the State of Florida i f/. /i APPROVED AS TO LEGAL FORM AND APPROVED AS T CORRECTNESS: REQUIREMENT Julie O. Bru City Attorney NSURANCE Gary ResI4fsky, Director Risk Management Department AMENDMENT # 002 THIS AMENDMENT, entered into between the State of Florida, Department of Health, hereinafter referred to as the "department" and City of Miami, hereinafter referred to as the "provider", amends contract # DEV04. 1. Page 11, Section C. Method of Payment, Paragraph 1. Fixed Price/Fixed Fee, Subsection (a), is hereby amended to add the following remedial language: 1. Failure to submit ail (8) eight service units under Deliverable#3 (Due by January 31, 2011) will result in a reduction in payment for that months' invoice in the amount of $4,928.58 per service unit. 2. Failure to submit all (8) eight service units under Deliverable #4 (Due by April 30, 2011) will result in a reduction in payment for that months' invoice in the amount of $4,928.58 per service unit. 3. Failure to submit all (8) eight service units under Deliverable #5 (Due by July 31, 2011) will result in a reduction in payment for that months' invoice in the amount of $4,928.58 per service unit. 4. Failure to submit all (10) ten service units under Deliverable #6 (Due by October 31, 2011) will result in a reduction in payment for that months' invoice in the amount of $3,942.86 per service unit. 5. Failure to submit all (10) ten service units under Deliverable #7 (Due by January 31, 2012) will result in a reduction in payment for that months' invoice in the amount of $3,942.86 per service unit. 6. Any unmet service unit(s) which results in a reduction of payment may be resubmitted by the Provider within a reasonable time upon successful completion. Page 12, Section D. Special Provisions Section is hereby amended to add the following paragraph: 10. Requirement to use E-Verify The provider agrees to utilize the U.S. Department of Homeland Security's E-Verify system, https://e-verifv.uscis.gov/emp, to verify the employment eligibility of: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all' persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency. 3. This amendment shall begin on February 1, 2011, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this 2 page amendment to be executed by their officials thereunto duly authorized. CITY OF MIAMI SIGNED BY: NAM : TONY E. CRAPP, JR. "TITLE: CITY MANAGER DATE: ©/25 12-0 j I STATE OF FLORIDA DEPARTMENT OF HEALTH SI NE NAM } /2r�� TITLE:41/1114 DATE: `'Z a -1/ FEDERAL ID NUMBER: 596000375 ATTEST: (3/14-0- Priscilla A. Thompson, City Jerk 7 _ 3 / // APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ulie O. Bru City Attomey 2 Gary Reshefsky, Director Risk Management Department AMENDMENT # 003 THIS AMENDMENT, enteredinto between the State of Florida, Department of Health, hereinafter referred to as the "department" and City of Miami, hereinafter referred to as the "provider", amends contract #DEV04. 1. Page 8, Attachment I, Section B., Paragraph 4. Deliverables. A. Service Unit. is hereby amended to read as follows: 1. Deliverable #1 (Due by July 31, 2010): Quarterly Report, which shall include: (a) Baseline data listing the proposed sites for bicycle racks and way - finding signs. 100% of Sites determined. (b) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 0% of 100% Permit sketches to be created for approval. (c) Number of bicycle racks purchased and installed in the City.of Miami. 0% of 100% Permit sketches to be created for approval. (d) Number of share the road signs purchased and installed. 0% of 100% Permit sketches to be created for approval. (e) Number of way -finding signs purchased and installed. 0% of 100% Permit sketches to be created for approval. (f) Number of pavement markings installed. 0% of 100% Permit sketches to be created for approval. (g) Description of the type of bicycle racks and signs to be purchased and installed. Will be provided in the quarterly report. Currently planning to use the inverted U, and bike hitch racks. Signage dictated by the MUTCD (W16-1 & W11-1 share the road signs), R4-11 (Bikes May Use Full Lane) & Sharrow (9c-9), and Way -Finding signs (D1-1b, D1-2b, and D1-3b). (h) Photographs of site Locations before and after bicycle racks and signage are installed. 2. Deliverable #2 (Due by October 31, 2010): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 10% of 266 racks to be purchased and installed. (b) Number. of bicycle racks purchased and installed in the City of Miami. 10% of 378 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 10% of 44 signs to be installed. (d) Number of way -finding signs purchased and installed. 0% of 25 way -finding signs. Sketches for fabrication will be 100% complete. (e) Number of pavement markings installed. 10% of 335 Sharrow Markings. Page 1 of 4 (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Provide a more Detailed Baseline data specifically listing the proposed sites for Bicycle racks and way finding signs and their precise locations. 3. Deliverable #3 (Due by January 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 15% of 180 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 30% of 240 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 30% of 44 signs to be purchased and installed. (d) Number of way -finding signs purchased and installed. 0% of 25 way -finding signs to be purchased and installed. Pending delivery to begin installation. (e) Number of pavement markings installed. 30% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. 4. Deliverable #4 (Due by April 30, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 50% of 180 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 50% of 240 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 50% of 44 signs to be purchased and installed. (d) Number of way -finding signs to be purchased and installed. 100% of 25 way -finding signs to be purchased and installed. (e) Number of pavement markings installed. 30% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. Page 2 of 4 5. Deliverable #5 (Due by July 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 75% of 180 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 75% of 240 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. 100% of 44 share the road signs to be purchased and installed. (d) Number of way -finding signs purchased and installed. 100% of 25 way -finding signs to be purchased and installed (e) Number of pavement markings installed. 80% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and signage are installed. 6. Deliverable #6 (Due by October 31, 2011): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools. 100% of 180 racks to be purchased and installed. (b) Number of bicycle racks purchased and installed in the City of Miami. 100% of 240 racks to be purchased and installed. (c) Number of share the road signs purchased and installed. Completed (d) Number of way -finding signs purchased and installed. Completed (e) Number of pavement markings installed. 100% of 335 Sharrow Markings. (f) Photographs of site locations before and after bicycle racks and ' signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. (i) Utilize assessment findings to develop audience focused communication and promotional materials. (j) Implement a promotional outreach campaign to inform residents of safe and friendly bicycle routes. 7. Deliverable #7 (Due by January 31, 2012): Quarterly Report, which shall include: (a) Number of bicycle racks purchased and installed in Miami -Dade County Schools Completed (b) Number of bicycle racks purchased and installed in the City of Miami Completed (c) Number of share the road signs purchased and installed. Completed Page 3 of 4 (d) Number of way -finding signs purchased and installed. Completed (e) Number of pavement markings installed Completed (f) Photographs of site locations before and after bicycle racks and . signage are installed. (g) Assess the utilization of bicycle facilities. (h) Conduct a pre and post assessment of the communities perception of the signage and its likelihood to lead toward increased walking and bicycle behaviors. (i) Utilize assessment findings to develop audience focused Communication and promotional materials. (j) Implement a promotional outreach campaign to inform residents of safe and friendly bicycle routes. 8. (a) Final Report Due by March 18th, 2012. 2. This amendment shall begin on April 30 2011, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this 4 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: City of Miami SIGNED BY: STATE OF FLORIDA DEP SI NAME: Tony E. Craoo, Jr. NAME: LILLIAN RIVERA, RN, MSN TITLE: CITY MANAGER DATE: S->/// TITLE:: ADMINISTRATOR DATE: N 627- f/ FEDERAL ID NUMBER: 59-6000375 Page 4 of 4 ATTEST: Priscilla A. Thom s , City Clerk (Affix City Seal) CITY OF MIAMI, a municipal corporation of the State of Florida APPROVED AS TO INSURANCE REQUIRE .I ANTS l Gary Resh " ky, Director Risk Management Department 9 APPROVED AS TO LEGAL FORM AND CORRECTNESS Julie O. B , ity Attorney