HomeMy WebLinkAboutExhibit 1CITY OF MIAMI
PARKS AND RECREATION SERVICES AGREEMENT
WITH
FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. (FOCAL)
THIS PARKS AND RECREATION SERVICES AGREEMENT is entered into this
day of , 2011- ("Agreement"), (but effective as of the commencement of
the term of this Agreement on the "Effective Date" as defined below), between the City of
Miami, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd
Avenue, 8th Floor, Miami, Florida 33130, (hereinafter referred to as the "CITY"), on behalf of its
Department of Parks and Recreation (hereinafter referred to as the "Department" or "Parks") and
FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., (FOCAL) a
Florida -not -for -profit corporation, whose principal address is 946 N.W. 46th Street, Miami,
Florida, 33127 and whose mailing address is P.O. Box 370036, Miami, Florida 33137-0036
(hereinafter referred to as the "PROVIDER").
FUNDLNG SOURCE: Non -Departmental Account
TERM OF AGREEMENT: FROM OCTOBER 1. 2011 TO SEPTEMBER 30. 2012
AMOUNT:
PURPOSE:
Ninety four thousand. four hundred and fifty two dollars
(S94.452)
To provide after school tutoring. counseling and computer
training and educational services at Moore Park Recreation
Building.
CITY COMMISSION
APPROVAL REQUIRED: Yes
Provider's Information:
EXECUTIVE DIRECTOR: David Chiverton
PROGRAM OFFICER: Barbara Hardamon
CONTACT ADDRESS
FOR SERVICES: 765 N.E. 36th Street. Recreation Building at Moore Park
TELEPHONE NO: 305-756-6762 and 305-343-5666
RECITALS
WHEREAS, the City owns and the Department operates the real property known as
Moore Park located at 765 N.E. 36t}' Street and the personal property contained therein; and
WHEREAS, pursuant to Section 18-86(a)(3)(c) of the City's Code, the City through the
Department has established that it is of benefit to the public for not -for -profit organizations to
undertake services related to cultural, educational, recreational or park activities within City
parks; and
WHEREAS, the City is interested in continuing the after -school tutoring, counseling and
computer education and training services being provided by Provider for young adults at Moore
Park; and
WHEREAS, after the required duly noticed public hearing, pursuant to Resolution No.
, adopted on , 2011 (the "Authorizing Resolution"), the City Commission
has approved by the required 4/5ths affiiniative vote the selection of Provider and has authorized
the City Manager to enter into this Agreement to provide for the Services stated herein within
Moore Park; and
WHEREAS, subject to the applicable laws and requirements set forth herein, Provider
possesses the ability and desires to provide such Services to the City.
NOW, THEREFORE, in order to carry out the intent as expressed herein and in
consideration of the mutual covenants and obligations herein set forth, and other good and
valuable consideration, the sufficiency of which are acknowledged by the parties, the City and
the Provider understand and agree as follows:
ARTICLE I
1.0 RECITALS AND INCORPORATIONS
The foregoing recitals are hereby incorporated and made a part of this Agreement. All
attachments hereto are hereby incorporated in and made a part of this Agreement.
1.1 BASIC REQUIREMENTS
As a necessary part of this Agreement; the following documents must be approved by the
City prior to its execution, and must be on file with the Department:
1.2 Provider's Not -for -Profit Corporation Resolution authorizing execution of this
Agreement.
1.3 Provider's Work Program setting forth the Services to be provided under this Agreement.
(ATTACHMENT I)
1.4 Budget Summary, to include: completion of PROVIDER'S Prograzn/Line-Item
Budget/Expenditure Justification (ATTACHlNT II), Total Actual and Projected Funds
Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts and/or management services
agreements funded in whole or in part under this Agreement.
1.5 Certificate(s) of Insurance which reflect the requirements of the City's Risk Management
Department as set forth in ATTACHMENT 111 hereto regarding PROVIDER'S current
liability insurance, naming the CITY as primary e -.additional insured as determined by
the Risk Management Department of the CITY; current Workers' Compensation
3
Insurance; current Fidelity Bond or current Crime Coverage Insurance (applicable for all
persons who are authorized to receive and disburse funds under this Agreement); flood
insurance coverage if applicable; and other coverage(s) as deemed necessary, if applicable
(i.e., automobile insurance).
1.6 PROVIDER's Corporate Seal (to be fixed to Signatory Page and Not -For -Profit
Corporation Resolution).
1.7 Copy of PROVIDER's Articles of Incorporation, Charter and Bylaws and amendments
thereto, if any, certified by PROVIDER's secretary to be current, complete, and correct.
1.8 List of Present Principal Governing Board Officers and Members of the Board (names,
addresses, and telephone numbers).
ARTICLE II
2.0.1 DUTY TO OPERATE FOR PUBLIC PURPOSE.
Provider shall at all times during its provision of the Services set forth in the Work
Program, and as otherwise contemplated by this Agreement, maintain an active status in
good standing as a Florida non-profit corporation.
2.1 PROJECT PUBLICITY
PROVIDER shall abide by affirmative action regulations in infouiiing residents of the
geographical area to be served hereunder and of the Services to be offered by utilizing
any available means for advertisement, as necessary for promotional activities undertaken
by PROVIDER. All newspaper, magazine, television, or radio advertising regarding
PROVIDER'S activities will be submitted to CITY for review and approval prior to
release or distribution. Provider shall provide the DEPARTMENT with copies of all other
literature, publicity and/or promotional materials regarding the Services being provided
under tliis Agreement. No press conference regarding the Services being provided by
4
Provider under this Agreement shall be scheduled without prior written approval by the
CITY.
2.2 PURCHASING AND INVENTORY
PROVIDER shall use its best efforts to obtain all supplies and equipment for use under
this Agreement at the lowest practical costs and shall solicit three (3) bids for the
purchase of capital equipment. The three (3) bids shall accompany all requests for
payment. Provider shall be responsible to CITY for any damage or destruction of all non -
expendable property acquired for the Program with CITY funding (non -expendable
property being properties which shall not be consumed or lose identity) and shall
reimburse . CITY for such damage or destruction. PROVIDER shall establish and
maintain a property control system and shall be responsible for maintaining a current
inventory on all capital items purchased with CITY funds. All capital expenditures over
five hundred dollars .(S500.00) must be approved by CITY in writing prior to purchase.
All items purchased remain the property of CITY and are to be inventoried as such, which
shall include a property record listing the description, model, serial number, date of
acquisition, and cost. Such property shall be inventoried semi-annually, and an inventory
report submitted to CITY. PROVIDER shall permit CITY staff access to the premises
where property is kept for the purpose of perfoiiiiing inventory monitoring functions.
PROVIDER shall not dispose of real or personal property purchased with CITY funds
through sale, loan, lease, or relocation without receiving prior written approval of the City
Manager.
5
2.3 SUBCONTRACTS
PROVIDER agrees to give advance written notification to the CITY of any subcontract.
None of the Services covered by this Agreement shall be subcontracted without the prior
written approval of CITY. Any work or Services sub -contracted hereunder shall be
subject to the teuiis and conditions of this Agreement, including but not limited to, the
audit, inspection, insurance and indemnification provisions hereof. Proper
documentation in accordance with the PARKS and CITY Code guidelines and directives
must be submitted to and approved by the DEPARTMENT prior to the execution of any
subcontract. The advance notification process shall include the following:
A. Identification of the subcontractor and Services to be provided.
B. The proposed subcontract and all proposed exhibits and attachments thereto, together
with a complete and accurate breakdown of the price on a component -by -component
basis, and all bid documents.
C. Identification of the type of subcontract to b.e used.
D. Summary of actions taken to select the subcontractor.
Nothing contained herein shall create any contractual relationship between CITY and
any subcontractor working for PROVIDER.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The teen of this Agreement shall be from OCTOBER 1. 2011 - September 30. 2012.
Subject to the contingency provisions of Section 4.5 hereof, the City shall have the option
to renew this Agreement for the sain.e amount and under the same tem.'s and conditions
6
for a one (1) year period subject to the recommendation by the Department and approval
by the City Manager.
3.2 CITY AUTHORIZATION
Pursuant to Section 18-86(a)(3)(c) of the City Code and the Authorizing Resolution, the
City Commission approved the selection of Provider and authorized the City Manager to
execute this Agreement, under the teinis and conditions set forth herein. For the purpose
of this . Agreement, Parks shall act on behalf of the CITY in the fiscal control,
programmatic monitoring, and modification of this Agreement, except as otherwise
provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the only Agreement of the parties hereto,
relating to said Services and correctly sets forth the rights, duties, and obligations of each
to the other, as of this date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
Furthermore, should any provision, paragraph, sentence, word, or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provision, paragraph, sentence, words or phrase shall be deemed modified to the extent
necessary in order to conform with such laws, or if not modifiable to conform with such
laws, then same shall be deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full force and effect.
3.4 OBLIGATIONS OF PROVIDER
The PROVIDER shall carry out the Services as prescribed in its Work Program (which by
this reference is incorporated herein and made a part of this Agreement as Attachment I)
7
and shall follow the Budget (which by this reference is incorporated herein and made a
part of this Agreement as Attachment II) and shall maintain the Insurance and Bonding
Requirements (which by this reference are incorporated herein and made a part of this
Agreement as Attachment III) in a lawful, and proper manner, satisfactory to the CITY, in
accordance with the requirements as prescribed in this Agreement. Provider shall comply
with all applicable federal, state .and local laws, ordinances and regulations and Provider
shall comply therewith as the same presently exist and as they may be amended from time
to time.
3.5 NON-DISCRIMINATION
The PROVIDER agrees that it shall not discriminate as to race, sex, color, religion,
national origin, age, marital status, or handicap, in connection with its perfolniance under
this Agreement. Furtheiniore, PROVIDER agrees that no otherwise qualified individual
shall solely, by reason of his/her race, sex, color, religion, national origin, age, marital
status, or handicap, be excluded from the participation in, be denied benefitsof, or subject
to discrimination under any program or activity receiving federal financial assistance.
3.6 BONDING AND INSURANCE
At all times during the term thereof, PROVIDER shall maintain insurance and bonding
coverages acceptable to the CITY' s Risk Management Department. Prior to commencing
any activity under this Agreement, the PROVIDER shall furnish to the CITY original
certificates of insurance and bonding or equivalent crime coverage insurance indicating
that the PROVIDER is in compliance with the provisions of this article.
PROVIDER shall provide the following coverage's on Attachment III "Insurance and
Bonding Requirements" hereto and made a part hereof:
a) Insurance coverage that reflects sound business practices acceptable to the CITY' s
Risk Management Department and that requires the insurance carrier to give the
CITY at least thirty (30) days previous notice of change, teliiiination, cancellation or
expiration of insurance policy.
b) Fidelity bonding or crime coverage insurance for all persons handling funds received
or disbursed under this Agreement in an amount equal to, or greater than the amount
of. the CITY grant. City shall be named as Loss Payee or other designation as
applicable.
c) Current liability insurance shall be in amount of not less than S2,000,000.00 General
Aggregate, which shall include fire liability. CITY shall be named as Primary
Additional Insured, and there shall be no exclusions in such policies to override the
CITY coverage.
d) PROVIDER shall provide the CITY with proof of Automobile Liability Coverage in
an amountof not less than S3.00,000.00 for each driver, Bodily Injury and Property
Damage combined; if PROVIDER is to be reimbursed for mileage by the CITY.
e) The PROVIDER shall obtain Workers' Compensation and Employers'. Liability
coverage as per statutory requirements. Compliance with the foregoing requirements
shall not relieve the PROVIDER of its liability and obligations under this section, or
under any other section of this Agreement.
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays in Services occur, PARKS is
to be notified in writing immediately, giving all pertinent details and indicating when
Services shall begin, and/or continue. It is understood and agreed that the level of
Services, activities, and expenditures by the PROVIDER, in existence prior to the
initiation of Services hereunder, shall be continued andshall not be reduced in any way,
as a result of this Agreement. Programs funded through this Agreement shall not result in
the displacement of employed workers, impair existing contracts for other services, or
result in the substitution of funds allocated under this Agreement, for other funds in
connection with work, which would have been performed in the absence of this
Agreement.
10
3.8 REPORTS. INSPECTIONS. MONITORING. AND EVALUATIONS
At the request of CITY or the Department, PROVIDER shall transmit to CITY written
statements of PROVIDER's official policy on specified issues relating to PROVIDER
activities. The PROVIDER shall submit quarterly progress reports, schedules, and any
other reports and documentation as the CITY or the Department deems necessary, and
which will reflect the status of objectives and program activities accomplished. thus far, in
addition to budget changes and costs expended during the reporting period. PROVIDER
shall ensure the cooperation of its employees and Board members in such efforts. The
CITY and/or Department staff may conduct inspection and monitoring visits monthly,
quarterly, or at random at anytime. Any inconsistent, incomplete, or inadequate
information either received by the CITY or the Department, or obtained through
inspection, monitoring and evaluation by the CITY or the Department shall constitute
Good cause for the CITY to terminate this Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION. AUDIT. AND INSPECTION
A. CITY shall pay PROVIDER, an amount not to exceed Ninety four thousand, four
hundred and fifty-two dollars and no cents ($94,452.00) as the maximum
compensation for the Services provided, including any and all expenses incurred
during the term of this Agreement. Expenses shall be reimbursed provided they are
properly documented and submitted with sufficient supporting details in accordance
with Section 112.061, Florida Statutes, by receipts or irvoices and made in
accordance with the schedule set forth in the Budget, which is attahed hereto and
made a part hereof, as may be reasonably required by the City to allow proper audit
of Provider's expenses, should the City or the Department require an audit to be
performed.
B. During the term hereof, and for a period of three (3) years following the date of the
last payment made hereunder, the CITY and the Department shall have the right to
review, cause to be reviewed, inspect, .cause to be inspected, audit, and/or cause to
be audited the information, expenses, time records, and related books, files, and
records of PROVIDER, pertaining to the Services provided by Provider and/or
payments by CITY. Provider agrees to maintain such information, expenses, time
records, and related books, files, and records at a location within the City for a
period of three (3) years after fmal payment is made under this Agreement.
C. All payments shall be reimbursements for expenditures incurred only during the
teini of this Agreement, and in compliance with the previously approved Line -Item
Budget. Such written requests) shall contain a statement declaring and affirming
that all expenditures were made in accordance with the approved budget. All
documentation in support of such request shall be subject to approval by CITY at
the time the request is made, and all invoices are required to be paid by PROVIDER
prior to submission. All reimbursements must be in line -item form, and be in
accord with this Agreement. All expenditures must be verified by original receipt
or original invoice, with a copy of the check, which was issued to pay that specific
receipt or invoice. Within sixty (60) days of receipt or invoice payment, copies of
the canceled checks must be submitted. In the event that a receipt or an invoice is
paid by -various funding sources, a copy of the receipt or invoice may be submitted,
but must indicate the exact =mount paid by various funding sources equaling the
12
total of the receipt or invoice. No miscellaneous categories shall be accepted as a
line -item in the Budget. Two (2) requests for line -item changes are allowable, with
prior review and approval by the CITY. All line -item changes must be made on or
before thirty (30) days prior to the end of the teiin of the Agreement.
D. Requests for payment should be made on a monthly basis. Reimbursement requests
should be submitted to the CITY within thirty (30) calendar days after the
indebtedness has been incurred. Failure to comply may result in the rejection for
repayment of those receipts and/or invoices within the reimbursement package,
which do not meet this requirement.
E. PROV I I >ER must submit the final request for payment to the CITY within thirtv
(30) calendar days following the expiration or termination date of this Agreement.
If the PROVIDER fails to comply with this requirement, all rights to payment will
be forfeited, and the CITY shall not honor any request submitted after the aforesaid
period.
F. Any payment due under this Agreement may be withheld, pending the receipt and
approval by the CITY, of all reports due from the PROV I DER as part of this
Agreement; and any modifications thereto.
G. In order to fund the operations of the sports program, upon execution of this
Agreement and with a written request from PROVIDER, CITY may advance one -
twelfth (1/l2th) of the appropriated funds to PROVIDER. The advance shall be
repaid as follows: ten (10) equal monthly installments commencing the 1 si day of the
third month of this Agreement and continuing through the twelfth month of this
Agreement. Funds shall not be advanced by the CITY if the PROVIDER is in default
13
under this Agreement or if Provider is in default under any other agreement or
contract with the City or regarding any other obligation to or requirement of the City.
4.2 FINANCLAL ACCOUNTABILITY
CITY reserves the right to audit the records of PROVIDER at any time during the
perfoinnance of this Agreement, and for a period of three (3) years after final payment is
made under this Agreement. PROVIDER agrees to provide all financial and other
applicable records and documentationof Services to CITY. Any payment made shall be
subject to reduction for amount included in the related invoice, which are found by CITY,
on the basis of such audit, not to constitute allowable expenditures. Any payments made
to PROVIDER are subject to reduction for overpayments on previously submitted
receipts and/or invoices.
4.3 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the PROVIDER shall fail (i) to
comply with the terms and conditions of this Agreement, (ii) to accept conditions
imposed by CITY, at the direction of the federal, state, and local agencies, or (iii) to
comply with the terms and conditions of any other agreement or contract with, obligation
to, or requirement of the City.
4.4 RELOCATION. ACQUISITION AND DISPLACEMENT
The PROVIDER agrees to comply with City of Miami Code, Ordinances and
Resolutions, and City policies in relation to the acquisition and disposition of real
property utilizing grant funds, to the provision of services in City parks, and to the
displacement of persons, businesses, or non-profit organizations occurring as a direct
result of any acquisition, or disposition of real property utilizing grant funds.
14
4.5 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds, and continued
authorization for program activities and services, and is subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or change in
regulati ons.
ARTICLE V
5.0 GENERAL REOUIREMENTS
5.1 INDEMNIFICATION
PROVIDER shall indemnify, defend and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnities") and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred as "Liabilities") by reason of any injury
to or death of any person or .damage to or destruction or loss of any of any property
arising out of, resulting from, ..or in ' connection with (i) the perfoiniance or non-
perfolnuance of the Services contemplated by this Agreement which is or is alleged to be
directly or indirectly caused, in whole or in part, by any act, omission, default or
negligence (whether active or, passive) of PROVIDER or its employees, agents or
subcontractors (collectively referred to as "PROVIDER"), regardless of whether, it is, or
is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by
any act, omission, default or negligence (whether active or passive) of the Indemnities, or
any of them or (ii) the failure of the PROVIDER to comply with any of the paragraphs
herein or the failure of the PROVIDER to confoini to statutes, ordinances or other
regulations or requirements of any governmental authority, federal or state, in connection
with the perfouuance of this Agrement. PROVIDER expressly agrees to indemnify,
15
defend, and hold harmless the Indemnities, or any of them, from and against all liabilities
which may be asserted by an employee or founier employee of PROVIDER or any of its
subcontractors, as provided above, for which the PROVIDER's liability to such employee
or former employee would otherwise be limited to payments under state Workers'
Compensation or similar laws.
PROVIDER further specifically agrees to indemnify, defend and hold harmless the
Indemnities ' from and against (i) any and• all Liabilities imposed on account of the
violation of any law, ordinance, order, rule, regulation, condition, or requirement, in any
way related, directly or indirectly, to PROVIDER perfouniance hereunder, compliance
with which is left by this Agreement to the PROVIDER, and (ii) any and all claims, liens
and/or suits for labor and materials furnished by the PROVIDER or utilized in the
performance of this contract or otherwise. Where not specifically prohibited by law,
PROVIDER further specifically agrees to indemnify, defend and hold haruuless the
Indemnities from all claimsand suits for any liability, including, but not limited to, injury,.
death, or damage to any person or property whatsoever, cause by, arising from, incident
to, connected with or growing out of the performance or non-performance of this
Agreement which is, or is alleged to be, caused in part (whether joint, concurrent or
contributing) or in whole by any act, omission, default, or negligence (whether active or
passive) of the Indemnities. The foregoing indemnity shall also include liability imposed
by any doctrine of strict liability. The foregoing indemnity shall survive the teiln of this
Agreement.
5.2 AMENDMENTS
No amendments, supplements or modifications to this Agreement shall be binding on
either party, unless in writing, and signed by both parties.
16
5.3 OWNERSHIP OF DOCUMENTS
All documents developed by PROVIDER under this Agreement shall be delivered to
CITY upon the completion of the Services required pursuant to this Agreement, and shall
become the property of CITY, without restriction or limitation on its use. PROVIDER
agrees that all documents maintained and generated pursuant to this relationship between
CITY and PROVIDER, shall be subject to all Public Records Law, Chapter 119, Florida
Statutes, and agrees to allowaccess to the City and the public to all documents subject to
'disclosure under applicable law. It is further understood by and between the parties that
any document which is given by CITY to PROVIDER pursuant to this Agreement shall at
all time remains the property of CITY and shall not be used by PROVIDER for any other
purposes whatsoever, without the written consent of CITY. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of
this Agreement.
5.4 AWARD OF AGREEMENT
PROVIDER warrants that it has not employed or retained any person employed by the
CITY or the Department to solicit or secure this Agreement, and that it has not offered to
pay, paid, or agreed to pay any person employed by the CITY or the Department any fee,
commission percentage, brokerage fee, or gift of any kind, contingent upon or resulting
from the award of this Agreement.
5.5 NON-DELEGABILITY
The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be
delegated or assigned to any other person, or firm, in whole or in part, without CITY's
prior wr;;tten consent which may be granted or withheld in CITY',s sole discretion.
17
5.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State of
Fl orida.
5.7 CONFLICT OF INTEREST
The PROVIDER covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with CDBG or other City -funded activities, has
any personal financial interest, direct or indirect, in this Agreement.. The ..PROVIDER
further covenants that, in the performance of this Agreement, no person having such
conflicting interest shall be employed. Any such interests on the part of the PROVIDER
or its employees must be disclosed in writing to the CITY prior to the execution of this
Agreement.
PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami
Code, Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2011-.1),
and the State of Florida, and agrees that it shall fully .comply in all respects, with the
teens of said laws.
5.8 NO OBLIGATION TO RENEW
Upon expiration of the teini of this Agreement, PROVIDER agrees and understands that
CITY has no obligation to renew this Agreement.
5.9 TERMINATION 'OF CONTRACT
CITY retains the right to teuiiinate this Agreement at any time prior to the completion of
the Services required under this Agreement, without penalty to the CITY. In that event,
the CITY shall give written notice of termination to PROVIDER, who shall be paid for
those Services perfouued prior to the date of its receipt to the notice of teniiination. In no
case, however, shall CITY pay PROVIDER an amount in excess of the total sum
18
provided .by this Agreement. It is hereby understood by, and between CITY and
PROVIDER, that any payment made in accordance with this Section to PROVIDER shall
be made only if said PROVIDER is not in default under the terms of this Agreement. If
PROVIDER is in default, then CITY shall in no way be obligated, and shall not pay to
PROVIDER any sum whatsoever.
5.10 REMEDIES FOR NONCOMPLIANCE
If PROVIDER materially fails to comply with any term of an award and/or an agreement,
a contract, any requirement, or any other obligation .of Provider to the City, the CITY may
take one or more of the following courses of actions:
(1) Temporarily withhold cash payments, pending correction of the deficiency by the
PROVIDER, or more severe enforcement action by CITY.
(2) Disallow (that is, deny both use of funds and matching credit for) all, or part of the
cost of the activity or action not in compliance.
(3) Wholly, or partly suspend or terminate the current award for the. PROVIDER.
program.
(4) Withhold further awards for the program.
(5) Debar Provider from participating in other City contracts, services, awards or
agreements.
(6) Take other remedies that may be legally available.
5.11 GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing, and shall be delivered by personal service, or by
registered mail addressed to the other p ai the address indicated herein, or as the
same may be changed from time to time. Such notice shall be deemed given on
19
the day on which personally served; or, if by mail, on the fifth day after being
posted, or the date of actual receipt, whichever is earlier.
CITY OF IVIIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33132
SUBRECIPIENT
Foundation of Community
Assistance and Leadership, Inc.
P.O. Box 370036
Miami, Florida 33137-0036
Attn: David Chiverton
Executive Director
With copies to:
Director of Parks & Recreation
City of Miami
444 S.W. 2nd Avenue, Sth Floor
Miami, Florida 33130
City Attorney
City of Miami
444 SW. 2nd Avenue, Suite 945
Miami, Florida 33130
B. Title and paragraph headings are for convenient reference, and are not a part of this
A reement.
C. In the event of conflict between the teinis of this Agreement, and any teiniis or
conditions contained in any attached documents, the teimmts of this Agreement shall
control.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provision, paragraph, sentence, word, or phrase contained in this
Agreement be determined by a court of competent jurisdiction tq be invalid, illegal,
or otherwise unenforceable under the laws of the State of Florida, or the City of
20
Miami; such provisions; paragraphs, sentences; words, orphrases shall be deemed
modified to the extent necessary in order to contain' with such laws, or if not
modifiable to contain" with such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of this Agreement shall remain,
unmodified and in full force and effect.
F. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue. for any legal proceedings shall be Miami -Dade County, Florida.
Each party 'shall bear its own attorney's fees. Each party waives any defense,
whether asserted by motion or pleading, that the aforementioned courts are an
improper or inconvenient venue. Moreover, the parties consent to the personal
jurisdiction of the aforementioned courts and irrevocably waive any objections to
said jurisdiction. The parties irrevocably waive any rights to a jury trial.
5.12 INDEPENDENT CONTRACTOR
PROVIDER,..its employees, subcontractors, and agents shall be deemed to be independent
contractors, and not agents or employees of the CITY or the Department, and shall not
attain any rights, status, or benefits under the Civil Service or Pension Ordinances of the
CITY, or any rights, status, or benefits generally afforded classified or unclassified
employees, temporary or permanent by virtue of this Agreement. Further, Provider
understands that Provider, its employees, subcontractors, and agents shall not be deemed
entitled to any of the Florida Worker's Compensation benefits available to employees of
the City. In the event of teiniination of this Agreement for any reason, with or without
cause, neither Provider nor its employees, subcontractors, nor agents shall have any
recourse to any City of Miami Grievance or Disciplinary Procedures. Provider
acknowledges that access to and use of City property does not alter is the status cf
21
Provider, its employees, subcontractors or agents as independent contractors. Provider
further acknowledges that working with the City and/or the Department to provide the
necessary scheduling for the Services does not alter the status of Provider, its employees,
subcontractors or agents as independent contractors.
5.13 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto, and their respective heirs,
executors, legal representatives, successors, and assigns.
ARTICLE VI
6.0 PROVIDER CERTIFICATIONS
PROVIDER certifies that: it possesses the legal authority to enter into this Agreement by
way of a resolution, motion, or similar action that has been duly adopted or passed, as an
official act of PROVIDER's governing body, including all understandings and assurances
contained herein, and directing and authorizing the person(s) identified as the official
representative(s) .of the .PROVIDER, to act in connection with the Agreement, and to
provide such additional information as .may' be required from time to time by the City
and/or the Department.
22
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the respective officials thereunto duly authorized on the first date above
written.
ATTEST:
PRISCTT,LA A. THOMPSON
CITY CLERK
Date:
APPROVED AS TO
INSURANCE REQUIREMENTS:
CALVIN ELLIS
INTERIM DIRECTOR OF RISK MANAGMENT
Date:
ATTEST (CORPORATE SEAL):
CORPORATE SECRETARY
Print Name:
Date:
CITY OF MIAMI, a Florida
Municipal Corporation
J OHNNY MARTINEZ
CITY MANAGER
Date:
APPROVED AS TO
FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
Date:
AGENCY NAME:
FOUNDATION OF COI STY
ASSISTANCE AND
LEADERSHIP, INC., A Florida
Not -for -profit Corporation
PRESIDENT
Print Name:
Date:
23
NOT -FOR -PROFIT CORPORATION RESOLUTION
WIIEREAS, the Board of Directors of FOUNDATION OF COMMUNITY
ASSISTANCE AND LEADERSHIP. INC.. (FOCAL), a Florida not -for -profit organization,
desires to enter into a Parks and Recreation Services Agreement with the City of Miami for a
team beginning October 1, 2011 and ending September 30, 2012 (the `Agreement"); and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the by-laws of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the President and the Secretary are hereby authorized and instructed to enter into the Agreement
in the name and on behalf of this not -for -profit corporation with the City of Miami upon ternis
contained in the proposed Agreement to which this resolution is attached and the President, the
Secretary, the Executive Director and the Program Officer of Foundation of Community
Assistance and Leadership, Inc. (FOCAL) are hereby authorized to undertake all actions
necessary to fulfill the teams, conditions and obligations of the Agreement.
DATED this day of , 2 011.
ATTEST(SEAL)
CORPORATE SECRETARY
Print Name:
PRESIDENT
Print Name:
24
25
Attachment I
Work Program
26
Scope of Services
October 1, 2010 - September 30, 2011
Project Title: Learning & Technology Center
Description: This program is an after school program that provides low income youth
accessibility to computers, Internet services and mentors in order to
improve/enhance academic skills. In addition the program includes counseling
and involvement of Cultural Awareness and balance, youth community
participation and crime prevention. Youth Services for 60 to 80 youth in the areas of
Academics, Computers, Social Science, Cultural Balance and Awareness and Crime
Prevention.
Target Areas: Allapattah, Hadley Park, Wynwood, Overtown and Model City, however, the
program is not restricted to area residents only, any child that wishes to take
part in the program may do so by simply filling out an application. Children of
low to moderate income families are especially encouraged to take part in the
entire curriculum provided and are given priority.
Funding Source: City of Miami -Department of Parks & Recreation General Fund
FY 2009-2010
National Objective: Low/Moderate income Families (Priority)
Agency Location: Community Center at City of Miami's Moore Park
765 Northwest 36th Street Miami, Florida 33127
Program Description: To address the lack of academic success and preparation for
productive adulthood of high -risk youth, FOCAL will provide an after -school tutorial and
computer center at a neighborhood park to incorporate education into a highly popular
recreation program. Providing tutoring, mentors, structured social activities, cultural
awareness and knowledge of and access to social services will reduce the risk factors. In
addition particirants can also enroll in the parks football, basketball, :cheerleading and tennis
programs. FOCAL staffs work closely with the park staff to ensure that each child that
participates in the parks program is succeeding academically. The program will offer tutoring
in Math, English, Reading and computers. Counseling and workshops will be given on self-
esteem/self-worth, values clarification, responsibility & consequences, health & safety, dealing
with conflict & life skills and leadership training.
Goal: Approximately 75 youth are enrolled in the program and all will have accessibility to all
services at no charge.
Step to enrolling and taking part in the program:
Complete an intake application and family profile.
Complete a pre -testing of a potential participant's knowledge of the computer hardware
and software.
Conduct a complete evaluation of the potential participant's academic level which
includes math and reading whenever possible review school records (report cards, etc.)
Time Frame: October thru December
Objectives: This quarter is a complete curriculum which includes Math, English, Reading and
Reading Comprehension, Social Studies. This period is used to determine the weaknesses
and strength of each participant and develop proper programs to assist them in improving
where needed. This quarter is also the starting point for writing measurable outcomes for
each participants and establishing communication with the parent or guardian of the
participants. The number of participant who require grade repetition will be reduced 50%
minimum and the grade point average of each participant will increase by the conclusion of
the school years. At least 50% of the participants who have grade -writing scores are
expected to show a gain of 1 point or more on writing pre and post assessment. The
indicators to be measured to determine program effectiveness are grade repetition, standard
test scores (FLAT, SAT, ACT), report card grades and successful school completion.
FOCAL evaluate the success of the participants in developing and achieving academically,
successful school completion and avoiding being a juvenile delinquent. The plan for measuring
- the program effectiveness is to maintain a file on each participant that tracks his or'l)er
successes and failures. 'We use their performances from the beginning of the fall program and
document school academic and conduct improvements and declines.
If a tutor/teacher observes anything that requires special attention then it is documented in
that child's folder and FOCAL will provide additional counseling when needed to the child and
family. The file will also include information that a parent or guardian feels is pertinent to a
child's development. The project coordinator will be responsible for collecting the data and
maintaining the files. The data elements for measuring the program performance will be their
report card grades, conduct markings and school attendance records. The data will also keep
track of the number of school referrals, detentions and suspensions. Also we will keep a
record on whether participant has been involved in the criminal justice system and refer
services. The project coordinator will also keep in contact with parents, coaches and mentors
to make .sure that the participants have positive adult relationships.
The indicators to be measured to determine program effectiveness are grade repetition,
standard test scores (FLAT, SAT, ACT), report card grades and 'successful school completion.
The strategies for this program are; strengthening youth bonds by providing opportunities, skills
and rewards; reduce risk factors in a way that strengthens positive factors; enforce clear and
consistent standards for behavior; and teach children the skills they need to be able to follow
clear standards. The research basis for the program strategies is from the DPR, Inc. Risk and
Resource Assessment and we anticipate a minimum of 40% improvement by applying the
strategies listed in the DPR.
All participants will receive a minimum of four (4) hours counseling sessions per school year.
At least seventy-five percent of the participants wili achieve and maintain an eighty-five
percent (85%) school attendance rate within 90 days of program enrollment and reduce
disciplinary actions (suspensions, act) by fifty percent (50%). All students needing additional
social services, self-sufficiency improvement programs or academic support will be followed or
referred appropriately.
The program's effectiveness will be determined by participant's grades, school attendance
conduct record, FCAT performance, grade promotion and graduation. The most important
measure of program effectiveness will be whether participants have avoided becoming or
continuing to be a juvenile delinquent.
Our goal is to assist each participant in improving their scholastic performances and skills by
providing the necessary tools and support in conjunction with their family and teachers. We
believe that knowledge and achievement are the best deterrent to crime. The program will
reduce involvement in crime by increasing participants academic abilities, self esteem, and
opportunities for success, positive role models, self expression, personal growth and, values
clarification. Our overall goal is to help at risk youth improve their academic and life skills. Our
vision is to maximize resources by allowing the community to have access to tutors,
computers and services that are not otherwise available in a comfortable familiar environment.
We provide the academic support and motivation that many of the participants do not receive
at home.
The program increases reading, writing, math and computer skills through tutoring. It will
increase self-esteem through the use of culture and history to help develop a clear and
positive identity. The objective related to the academics is the development and achievement
of reading, writing, math and technology skills for each participant equivalent to their grade
level and age group.
The research basis for the program strategies is from the DPR, Inc. Risk and Resource
Assessment and we 'anticipate a minimum of 40% improvement by applying the strategies
listed in the DPR. at least one activity of an interactive nature (recreational, educational or
_social) designed to promote socialization and maintain identification with peer group will be
offered to program participants on a daily basis either by FOCAL or the Parks. Department.
The outcomes for the program will be at least sixth -five students actively participating in the
program and attending four hours of tutoring per week. All participants shall.receive a
minimum of four (4) hours counseling sessions per school year. At least seventy-five percent
of the participants will achieve and maintain an eighty-five percent (85%) school attendance
rate within 90 days of program enrollment and reduce disciplinary actions (suspensions, act)
by fifty percent (50%). All students needing additional social services, self-sufficiency
improvement programs or academic support will be followed or referred appropriately. The
programs effectiveness will be determined by participant's grades, school attendance conduct
record, FCAT performance, grade promotion and graduation. The most important measure of
program effectiveness will be whether participants have avoided becoming or continuing to be
a juvenile delinquent.
In addition an annual report to the community including the parents/guardians of the youth
participants.
ACTION STEPS
Annually FOCAL will hold an Open House and present to the community and our elected .
officials how the program works and a brief outline of the progress and the plans for
enhancements of the programs.
Our staff and volunteers will take part in improvement of the seminars and workshops to help
improve our ability to work and develop effective ways to work with the participants of the
program. With training we will effectively provide our participants with counseling directed
towards self-improvement, dealing with peer -pressure, family and life interpersonal
development. In addition it is our intention to monitor each participants overall performance in
school.
Our participants will have the opportunity take field trips as the budget allows to places that
will broaden their perspective on life. Our participants will take responsibility for community
projects that will enhance our communities and improve the way of life i.e. environmental,
community clean up, youth crime prevention and awareness.
Time Frame: January thru March (Winter)
Objectives: This quarter will continue the emphasis on reading, writing and comprehension
and will focus on preparing each student to finish the regular school year strong. We provide
one on one tutoring for students that continue to lack performance in any of the three focus
areas for this quarter.
The curriculum for each participant will be to work from their current text books or pamphlets
that are used in their classrooms. We will assist each child in completing homework and work
to ensure that they comprehended the assignment. FOCAL will provide personal assistance to
each child during homework period. The other tools used to assist each child with
comprehension will be the designed computer software which is by grade level and age
groups. The Internet is also a part of the day to day learning and research for better service
and comprehension for each grade level. Mentors, counseling and rewards will be utilized to
reduce misbehavior, truancy and tardiness. Alternative activities and workshops will help to
reduce participants exposure to -negative elements role models, gangs and drug involvement,
as well as, increasing alternatives physical force to resolve problems and increase social
responsibility and sensitivity to others.
Our goal is to assist each participant ih improving their scholastic performances and skills by
providing the necessary tools and support in conjunction with their family and teachers. We
believe that knowledge and achievement are the best deterrent to crime. The program will
reduce involvement in crime by increasing participants academic abilities, self esteem, and
opportunities for success, positive role models, self expression, personal growth and, values
clarification. Our overall goal is to help at risk youth improve their academic and life skills. Our
vision is to maximize resources by allowing the community to have access to tutors,
computers and services that are not otherwise available in a comfortable familiar environment.
We provide the academic support and motivation that many of the participants do not receive
at home.
Time Frame: April thru June (Spring Program)
Objectives: This quarter Will work on computer skills (comprehension, Internet, etc.),
typing speed (for ages 9 to 18.),_ community participation. During the
summer we will work more in a group setting and include more hours of
athletics because the program is from•8 a.m. to 5 p.m. Each child is
encouraged to bring in workbooks, or textbooks of various subjects.
The Internet is part of the day to day learning curriculum to assist each child to improve
on their ability to use the Internet for research or to access information. The strategies for
this program are: strengthening youth bonds by providing opportunities, skills and rewards;
reduce risk factors in a way that strengthens positive factors; enforce clear and consistent
standards for behavior; and teach children the skills•they need to be able to follow clear
standards. At least one activity of an interactive nature (recreational, educational or social)
designed to promote socialization and maintain identification with peer groups on a daily
basis either by FOCAL and the Parks Department.
Our goal is to assist each participant in improving their scholastic performances and skills
by providing the necessary tools and support in conjunction with their family and teachers.
We believe that knowledge and achievement are the best deterrent to crime. The program
will reduce involvement in crirne by increasing participants academic abilities, self esteem,
and opportunities for success, positive role models, self expression, personal growth and,
values clarification. Our overall goal is to help at risk youth /mprove their academic and life
skills. Our vision is to maximize resources by allowing the community to have access to
tutors, computers and services that are not otherwise available in a comfortable familiar
environment. We provide the academic support and motivation that many of the
participants do not receive at home. °
Time Frame: June thru September (Summer Program)
The sununer program/curriculum will incorporate any additional programs that the City of Miami
Parks Department & Recreation will be offering. FOCAL will integrate our eulTent curriculum
with City Parks scheduled functions.
Attachment II
Program
Line Item
Budget Expenditures/Schedule
27
For CAL
Foundation Of Community Assistance & Leadership, Inc.
Post Office Box 370036 * Miami, .Florida 33137-0036
'4E Center Located at: City of .Miami Moore Park * 765 .NW 36th Street Miatni. FL 33137
(305) 634 -3570 Center * (3(15) 638-1008 Fax * (305) 343-5666 Cellular
CITY OF MIAMI PARKS
Moore Park Learning & Technology Center
October 1, 2011 thru September 30, 2012
BUDGET SUMMARY
2012
October 1, 2011 - September 30,
CATEGORIES
TOTAL
I.
PERSONNEL
$53,581.71
II.
CONTRACTUAL SERVICES
$34,237.14
III.
OPERATING SERVICES
$6,633.15
IV.
COMMODITIES
0
V.
CAPITAL OUTLAY
0
TOTAL BUDGET
$ 94,452.00
FOCAL
-Foundation.Of Community Assistance & Leadership, Inc.
• Post Office Box 370036 * Miami, Florida 33137-0036
Center Located at: City of Miami Moore Park 765 NW 3 6" Street FL 33137
(3O5) 634 - 3 570 Center (3 05) 638-1008 Fax '` (305) 343-5666 Cellular
CITY OF MIAMI PARKS
Moore Park Learning & Technology Center
DETAILED BUDGET * October 1, 2011 - September 30, 2012
I. PERSONNEL
CEO
$25,000.00
VP of Programs
$21,000.00
Three (3) Trained Tutors
$ 4,061.91
Fringe Benefits
$ 3,519.80
TOTAL PERSONNEL
$53,581.71
II. CONTRACTUAL & PROFESSIONAL SERVICE
Three (3) Certified/Licensed Teachers
$21,820.27
Accounting Services (Monthly monitoring & Audit)
$ 7,240.00
Computer Maintenance/Repair
$ 1,864.99
Liability & Bonding Insurance
$ 3,311.88
TOTAL CONTRACTUAL SERVICE
S34,237.14
III. OPERATING EXPENSES
Office/Curriculum Supplies
$ 4,806.45
Local Travel
$ 1,826.70
TOTAL OPERATING EXPENSES
$ 6,633.25
IV.' COMMODITIES
TOTAL COMMODITIES
0.00
V. CAPITAL OVERLAY
TOTAL CAPITAL OVERLAY
0.00
GRAND TOTAL
$94,452.00
Attachment III
Insurance and Bonding Requirements
PARKS & RECREATION. SERVICES AGREEMENT
FOUNDATION OF COMMUNITY ASSITANCE AND LEADERSHIP, INC.
Page 1 of 2
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence S1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
, Employees included as insured
Contractual Liability
Independent Contractors Coverage
Waiver of Subrogation
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 300,000
Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
IV. Employer's Liability
A. Limits of Liability •
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
V. - .-. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim
General Aggregate Limit
Deductible- not to exceed 10%
$ 1,000,000
$ 2,000,000
28
Attachment III
Insurance and Bonding Requirements
PARKS & RECREATION SERVICES AGREEMENT
FOUNDATION OF COMMUNITY ASSITANCE AND LEADERSHIP, INC.
Page I of 2
VI Crime Coverage (in lieu of Fidelity Bond)
A. Limits of Liability
Employee Dishonesty Including
Third Party Forgery and Alteration
$ 94,452.00
The above policies shall provide the City of Miami with written notice of cancellation or material change
from the insurer not less than (30) days prior, to any such cancellation or material change.
Companies authorized todo business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no Tess than "A" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
29