2011-59RESOLUTION NO. 2011 -59
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPLY FOR THE
FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT PROGRAM GRANT AVAILABLE
THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR,
RECEIVE, AND EXPEND $5,250 IN FEDERAL FUNDS
FOR THE SCHOOL RESOURCE OFFICER PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to accomplish
the purpose outlined in the contract attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to apply for funds in the
approximate amount of $5,250 and execute such contracts and agreements as are
required between Miami -Dade County and the City of Aventura to provide for services
provided by the Community Drug & Crime Prevention School Resource Officer Program
in substantially the form as attached hereto.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
absent
Vice Mayor Billy Joel
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -`�
Page 2
PASSED AND ADOPTED this 1St day of November, 2011.
ATTEST:
4
TKqESA M. SOIROO, MMC
MY CLERK
APPROVED AS TO LEGAL SUFKIENCY:
" k' L'�
CITY ATTORNEY
Aventura
FY2012
Contract
MIAMI -DADE COUNTY
CONTRACT
This Contract, made this day of 2011, by and between
Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as
"County") through its Office of Management and Budget (hereinafter referred to as
"Department"), located at 111 N.W. First Street, I r Floor Miami, FL 33128, and the CITY of
AVENTURA a municipality located in Miami -Dade County, Florida (hereinafter referred to as
"Provider"). This Contract provides the terms and conditions pursuant to which the Provider
shall provide a School Resource Officer Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug
Abuse Act of 1988, hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it possesses the legal
authority to enter into this Contract by way of resolution, motion or similar action that has been
duty adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami -Dade County or when this Contract has been duly executed by both parties, whichever is
later, and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the School Resource Officer Project by providing a portion of the federal funds
awarded to Miami -Dade County to the School Resource Officer Project; and
WHEREAS, the County as contractor /grantee for the State of Florida is authorized to
purchase said services for the School Resource Officer Project as an allowable activity under
the ACT; and
WHEREAS, the County requires the above- mentioned services from the Provider in
order to fulfill its contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $5,250. Both parties agree that should
available County funding be reduced, the amount payable under this Contract may be
proportionately reduced at the option of the County.
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II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2011
through September 30, 2012.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County; however a Cash Match is not required for this grant term.
V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Reguirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 11 D -9 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance
Grant Program Application for Funding Assistance and all laws, rules, regulations relating
thereto are incorporated herein by reference as if fully set forth. Furthermore, this award is
subject to all applicable rules, regulations, and conditions as contained in the Financial and
Administrative Guide for Grants, Guideline Manual 7100 ID, Office of Justice Programs,
Common Rule for State and Local Governments and A-87, or OMB Circulars A -110 or A -102,
as. applicable, and A-21, Iry tWr entirety. It is also subject to such further rules, regulations and
policies as may be "reasonably prescribed by the State or Federal Government consistent with
the purposes and authorization of Public Law 90 -351, as amended, and Public Law 100 -690.
B.`.Sunolanbnd The Provider agrees that funds received under this Contract shall
be utilized, to supplement, not supplant state or local funds, and will be used _to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 11 D-9, Florida Administrative
Code.
....... .. ....
VI. CONTINUITY OF. SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for. 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
Vill. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
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pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract. Nothing herein shall be construed to extend any party's liability
beyond that provided in section 768.28, Florida Statutes.
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing School Resource Officer services shall have appropriate licenses,
training and experience in the field in which he /she practices and abide by all applicable State
and Federal laws and regulations and ethical standards consistent with those established for
his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of
its responsibilities in this regard.
XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami -
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et
al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its Contract obligations hereunder.
Nepotism. . Notwithstanding the aforementioned provision, no relative of any �of#icer,
board of director, manager, ;or supervisor employed by the Provider shall be ,.employed by the
Provider unless the employment preceded the execution of this Contract by one (1) year. No
family member of any employee may be- employed by the Provider if the family member is to be
employed in a. direct; supervisory or administrative relationship either supervisory or subordinate
to the employee. The assignment of family members in the same organizationai. unit shall-be
discouraged. A conflict of interest in employment arises whenever an individual would otherwise
have the responsibility to make, or participate actively in making decisions or recommendations
relating to the employment status of another individual if the two individuals (herein sometimes
called "related individuals ") have one of the following relationships:
1. By blood or adoption: Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece;
2. By marriage: Current or former spouse, brother- or sister -in -law, father- or mother -in-
law, son- or daughter -in -law, step- parent, or step - child; or
3. Other relationship: A current or former relationship, occurring outside the work setting
that would make it difficult for the individual with the responsibility to make a decision or
recommendation to be objective, or that would create the appearance that such individual could
not be objective. Examples include, but are not limited to, personal relationships and significant
business relationships.
For purposes of this section, decisions or recommendations related to employment status
include decisions related to hiring, salary, working conditions, working responsibilities,
evaluation, promotion, and termination.
An individual, however, is not deemed to make or actively participate in making decisions or
recommendations if that individual's participation Is limited to routine approvals and the
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individual plays no role Involving the exercise of any discretion in the decision - making
processes. If any question arises whether an individual's participation is greater than is
permitted by this paragraph, the matter shall be immediately referred to the Miami -Dade County
Commission on Ethics and Public Trust.
This section applies to both full -time and part -time employees and voting members of the
Provider's Hoard of Directors.
No person, including but not limited to any officer, board of directors, manager, or
supervisor employed by the Provider, who is in the position of authority, and who exercises any
function or responsibilities in connection with this Contract, has at the time this Contract is
entered into, or shall have during the term of this Contract, received any of the services, or
direct or instruct any employee under their supervision to provide such services as described in
the Contract. Notwithstanding the before mentioned provision, any officer, board of directors,
manager or supervisor employed by the Provider, who is eligible to receive any of the services
described herein may utilize such services if he or she can demonstrate that he or she does not
have direct supervisory responsibility over the Provider's employee(s) or service program.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami -
Dade County ("County Code "), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, . 42 U.S.C., §2000d as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973,29 U.S.C. §794, as
amended, which prohibits discrimination on the basis of disability; and. the Americans with
Disabilities Act, 42 U.S.C. §12103 et jgq_, which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans . with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair
Housing Act, 42 U.S.C. §3601 et sea. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Provider violates any of the Acts during the term of any Contract
the Provider has with the County, such contract shall be voidable by the County, even if the
Provider was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance,
codified as § 11A-60 et sea. of the Miami -Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami -Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
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XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered
personally or sent by mail or by facsimile to the parties at the following addresses or to such
other address as either party may specify:
If to the COUNTY:
If to the PROVIDER:
Miami -Dade County
Office of Management and Budget
111 NW First St.,•19P Floor
Miami, Florida 33128
Attention: Ms. Michaela Doherty
Aventura Police Department
19200 W. Country Club Dr.
Aventura, FL 33180
Attention: Ms. Shelisa Persuad
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood
and intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF CONTRACT: COUNTY REMEDIES.
A.. Breach. A breach by the Provider shall have occurred under this ,Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or falls to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits Incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate and review the Provider's program; (6) the Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to ' fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
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.
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B. County Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. In the event of termination, the County may: (a)
request the return of all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, reports prepared and secured by the Provider with County funds
under this Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect costs associated with
such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the effective date
thereof, at least five (5) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the Provider as
condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any other
contracts entered into between the County and the Provider. The Provider shall be responsible
for all direct and indirect costs associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
Including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Mayor or Mayor's designee is authorized to terminate this Contract
on behalf of the County.
D. Damaces Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
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XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least thirty (30) days prior to the effective date of such termination. The County Mayor or
Mayor's designee is authorized to terminate this Contract on behalf of the County.
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all
expenditures or costs shall be made In accordance with the Budget which is attached herein
and incorporated hereto as Attachment B.
A. Budget Variance. Funds may be shifted between approved line items, not to
exceed ten percent (10 %) of the total budget, without a written amendment. Variances greater
than ten percent (10 %) in any approved line item shall require a written amendment approved
by the Department.
B. Recapture Funds. At the conclusion of the third quarter and upon submission of
the Quarterly Performance Report and Invoice, the County will review the Provider's Year -To-
Date expenditures.
1. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter to fully expend the
contract by the end of the program year.
2. This expenditure plan must be approved by the County.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the County will recapture the anticipated unexpended amount for use in
another program, without a formal amendment process.
C. Payment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B). The Provider agrees to invoice the County for each
School Resource Project using the Quarterly Expenditure Report as it appears in Attachment
D, and to do so on a quarterly basis, as stated in Section XIX. B.2. The Quarterly Expenditure
Report shall be prepared in a manner in accordance with the form provided in Attachment D.
The final Quarterly Expenditure Report shall be submitted by October 15, 2012 .
D. The Provider agrees to mail all invoices to the address listed above, Section XIII.
E. The County agrees to review invoices and to inform the Provider of any
questions. Payments shall be mailed to the Provider by the County's Finance Department.
F. No payment of subcontractors. In no event shall County funds be advanced
directly to any subcontractor hereunder.
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XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Property. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
new property, when suitable property required for the successful execution of projects is
already available within the Provider organization, will be considered an unnecessary
expenditure.
B. Sc reenina. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss. Damage or Theft of Equipment. The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any
loss, damage, or theft of the property must be investigated and fully documented and made part
of the official project records.
D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Management. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation In
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date of disposal and sale price; 2) a physical Inventory of the
property must be taken and the results reconciled with the property records at least once every
two (2) years; 3} a control system must exist to ensure adequate safeguards to prevent loss,
damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider
as appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return. - .
F. Detention of Property Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of three (3) years from the
date of the disposition or replacement or transfer at the discretion of the County. If any
litigation, claim, or audit is started before the expiration of the three -year period, the records
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shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES
The Provider shall keep records of program services in sufficient detail to provide any reports
that may be requested by the County.
A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Contract. In accordance with contract requirements
from the State of Florida, records for the School Resource Officer Project services must
reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Contract.
B. Reoortina Reauirements.
1. Quarterty Project Performance Report. The Provider shall submit the
Quarterly Project Performance Report to the Office of Management and "Budget by January 5,
April 5, July 5, and October 5, 2012 covering the Contract, activity for the previous quarter. The
_._ . Quarterly Project - Performance 'Report'shalr be " submitted in the format and using the. form
attached hereto as Attachment C.
2. Quarterly Expenditure Report. The provider shall submit the Quarterly
Expenditure Report with supporting documentation to the Office of Management andB:udget.by
January 15, April 15, July 15, and October 15, 2012 covering the expenditures to be reimbursed
for the previous quarter. The Quarterly Expenditure Report shall be submitted in the forrriat and
using the form attached hereto as Attachment D.
3. Other Required Reports. The Provider shall submit other reports as may
be required by the Office of Management and Budget during the program year.
C. Changes to Reporting Reauirements. The Provider understands that the
County may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitorina and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Contract. The Provider shall provide assistance as may be
necessary to facilitate a financial /program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
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the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public Health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
subpoena witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and In compliance with plans,
specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials. to
ensure compliance with contract specifications and to detect fraud and corruption
_.
Upon ten (10) days prior written notice to the Provider from the Inspector GeraeraL ar .IPStG
retained by the Inspector GenrBf,.. the Provider; shall make all:,regaested records.:and
documents.. available to the Inspector General or,;.IPStG for inspection and `copying ....The
Inspector General and IPSIG''shall have' the right to inspect and copy .adooumenti .:and
records in the Provider's possession, custody or control which, in the � Inspector -General ' or
1PSIG's sole judgment,. pertain_ to performance. of the contract, including, but not limited to
original estimate files, change order estimate files., .worksheets, proposals and Contracts :from
and with successful and unsuccessful rsubconttactors and suppliers, :all, project= related
correspondence, memoranda, instructions, .financial documents, construction documents,
proposal and contract documents, back- charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothing in this contract shall Impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami -
Dade County Administrative Order 3-20, the Provider is aware that the County has the right to
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retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this Contract for inspection and copying. The County shall be responsible for the
payment of these IPSIG services, and under no circumstances shall the Provider's budget and
any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
Independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, and Office of Criminal Justice Grants. This
participation shall at a minimum include access to the Provider's premises and records.
XX.. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any: of its: agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B.' Religious Purposes. County funds shail'not be used for religious. purposes.
C. Commingling Funds. The Provider shall not commingle. funds ,
_ .;.. ... provided under
_ this Contract with funds received from any other funding sources: .
D. Double. Payments. Provider costs claimed under this Contract may not also
be claimed under another contract or grant from the County or any other agency.
Any claim, for double payment by Provider shall be considered a matenat-breech
of this Contract.
XXI. MISCELLANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either parry unless reduced to writing, signed by
both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that
the County may effect amendments to this Contract without the written consent of the Provider,
to conform this Contract to changes in the laws, directives, guidelines, and objectives of
County, State and Federal Governments.
11 of 14
Any alterations, variations, amendments, or other modifications of this Contract, including but
not limited to amount payable and effective term, shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and attached to the original of this
Contract.
In the event the County determines that a reduction in the Provider's budget is necessary, the
County shall notify the Provider in writing within thirty (30) days of said reduction decision.
Budget revision requests must be submitted in writing by the Provider to the Office of
Management and Budget (OMB). Budget revision requests will be effective upon the date of
written approval by the State of Florida Department of Law Enforcement.
C. Ownership of Dated Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
D. Contract Guidelines, This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade County, Florida.
E. PublicAy. It is understood and agreed between the ,parties hereto' that this
Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to Miami -Dade County, the
Florida Department of Law Enforcement (FDLE) and the U.S. Department of
Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, ;retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider Intends to use subcontractors to provide the services
listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider
shall provide the names of the subcontractors and suppliers on the form attached as
Attachment E. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Review of this Contract. Each party hereto represents and warrants that they
have consulted with their own attorney concerning each of the terms contained in this Contract.
No inference, assumption, or presumption shall be drawn from the fact that one party or its
attorney prepared this Contract. It shall be conclusively presumed that each party participated
in the preparation and drafting of this Contract.
12 of 14
H. Headings. Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as
the context requires.
i. Total of Contract/Severability of Provisions. This fourteen (14) page Contract
with its recitals on the first page of the Contract and with its attachments. as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:
Scope of Services
Attachment B:
Budget
Attachment C:
Quarterly Project Performance Report
Attachment D:
Quarterly Expenditure Report
Attachment E:
Miami -Dade County Affidavits
Attachment E1:
Code of Business Ethics
Attachment E2:
Miami -Dade County Debarment Disclosure Affidavit
Attachment E3:
State Public Entities Crime Affidavit
Attachment F:
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
INTENTIONALLY LEFT BLANK
13 of 14
IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of
its Attachments, to be executed by their respective and duly authorized officers, the day and
year first above written.
Signature
Name (typed)
ATTEST:
By:
ATTEST:
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
14 of 14
By:
Title
(Corporate Seal)
MIAMI -DADE COUNTY, FLORIDA
By:
CARLOS A. GIMENEZ
MAYOR
SUMMARY OF ATTACHMENTS
ATTACHMENT A Scope of Services
ATTACHMENT B Program Budget
ATTACHMENT C Quarterly Project Performance Report
ATTACHMENT D Miami -Dade County Affidavits
ATTACHMENT E1 Code of Business Ethics
ATTACHMENT E2 Miami -Dade County Debarment Disclosure Affidavit
ATTACHNENT E3 State Public Entities Crime Affidavit
ATTACHMENT F Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name: Aventura
Address: 19200 W. Country Club Dr.
Aventura, FL 33180
Program Area: School Resource Officer
Program Name: AVLET (Aventura Learn, Evaluate,
Take Action)
ATTACHMENT A
Contact Person: Shelisa Persaud
Contact Numbers: O 305 - 466 -8965
F (305) 466 -2895
Program Dates: 10/01111 through 09/30/12
Target Population: School aged children's
Parents
Problem Identification
For the FY2012 grant cycle the Aventura Police Department proposes that the School Resource
Officer provide training to Parents of Teen Students in Drug Abuse Prevention.
Every day 4700 youth under age 18 try marijuana for the first time. Studies have shown that 1 in 5, 8°i
grade students who were surveyed indicated that they had used drugs of some type. In 2003 nearly
nine out of ten twelfth graders reported marijuana being accessible by the eighth grade. By the time
they finish the eighth grade approximately 50 percent report having one drink and 20 percent report
having been drunk. One thing remains true in spite of these numbers; the parent's influence on the
child can have dramatic results in that child's decision to use or continue to use drugs. It is essential
that we train parents on what to look for.
Program De gnat -i n
The Aventura Police Department will utilize 2012 JAG funds to provide drug abuse prevention training
to parents of teenage students. The training proposed will be broken into three parts and taught during
the school year to parents of students of various grade levels. The classes will consist of three topics
each one being covered in detail. The three topics are as follows:
Learn — Parents will be learning all they can about the drugs that are out there and their potential for
misuse. The parents will be shown various drugs so they can readily identify them. Drug displays and
brochures will be used for hands on learning about the types of drugs commonly abused. Methods of
obtaining drugs and tactics used to cover up their use will be covered.
Evaluate — The parents will learn how to evaluate if their child is using or experimenting with drugs.
The danger signs and the not so obvious signs of potential drug abuse will be covered with the parent
so they can make a rational educated evaluation of their child to determine if drugs are being used.
This section will cover the appearances of drug abuse and teach parents what physical signs and
evidential signs of drug abuse: the bloodshot eyes, the hyper activity, the obsession with money,
common to abusers of various drugs. This will enable the parent to recognize even the subtle signs of
abuse.
Take Action — will show the parents what actions to take in order to prevent drug abuse, how to get
the kids talking about potential situations where drugs can be abused and how to evaluate the risks
associated with drug abuse. How to talk to your child about your past experiences with drugs and how
to explain if you have had a history of drug usage yourself. This is an especially important topic as
parents who experimented with drugs are unsure how to explain this to their kids in a manner that
places the child on the right track. There are talking points and conversation starters that can be
shared with the parents to assist them In this all important phase of interaction with their child.
In order to facilitate the training presentations, the Aventura Police Department will purchase a DVD
player, speakers, drug prevention educational DVDs, drug ID displays, drug education pamphlets, a
program banner, drug education workbooks and supplies to be used in the presentations such as copy
paper, toner, flash cards, pens, book marks, key chains & drug ID slides.
This program will be offered at our local Schools first and then offered to the parents of local area
schools as a function of our crime prevention unit.
The program's success will be measured by both formal and informal surveys and monitoring the
actual drug incident statistics both pre and post training. We will measure changes in the parent's
knowledge concerning drug prevention. This measurement process will be ongoing throughout the
school year and information gained from these measurements will be utilized to ensure that we are
delivering quality training, delivering the proper message and targeting the appropriate audience.
Changes to training design and schedule can be made depending on the result of these surveys and
the success of the program.
At the completion of the school year we will produce a formal report of the result of our initiative. This
report will include the number of parents reached, the number of training classes delivered, an outline
of the various training programs delivered, and a report on the parent's evaluation of the program
which will include pre and post training information. This. report will be published and made available to
school _ administrators, department and .city administrators, and any other -interested, parties. We
anticipate that this report will highlight the success of•.:our program so that.,this,,pr4grarn can be
duplicated on a yearly- basis both in. our_ city _and in: any:other cities that..are rinterested. in. an %VLET"
_ _ type program.- Take out, had to remove from SIMON application.
Jurisdiction Name: Aventura
Address: 19200 W. Country Club Dr.
Aventura, FL 33180
Program Area: School Resource Officer
Program Name: AVLET ( Aventura Learn, Evaluate,
Take Action)
Contact Person: Shelisa Persaud
Contact Numbers: O 305 -466 -8965
F (305) 466 -2895
Program Dates: 10/01/11 through 09/30/12
Target Population: Parents of School aged
children
Required Activities
Planned Measures
Monitoring Plan
Conduct 12 Drug Prevention
The provider shall be
The provider is to submit the
classes for parents of school
responsible for:
following documentation to the
aged students.
County in a complete and timely
Serve a total of 3000 participants
Anti -Drug &Drug Prevention
Classes to parents of school
manner.
aged children
Quarterly Performance Reports
Purchase equipment and
supplies for the project including:
Video and Multimedia
Quarterly Expenditure Reports
drug pamphlets, program
presentations
_
banner, DVD, DVD player,
Program Plan and Activity`
speakers, drag ID displays
Presentations on various drug
Schedule
program supplies (copy paper,
prevention topics
toner,& flash cards), printed
Meeting announcements,
workbooks, pens, book marks,
attendance records
key chains & drug id slide charts)
Participant list and meeting
attendance records
Copies of invoices for materials
purchased
ATTACHMENT B
PROGRAM BUDGET
Jurisdiction Name: AVENTURA
Program Area: School Resource Officer
Program Name: AVLET
CONTRACTUAL SERVICES TOTAL
Salaries and Benefits, Total
Operating Capltal Outlay, Total
1 Projector
Expenses, Total
Drug info. pamphlets
Printed workbooks, pens, nook marks, key chains, drug id
slide charts
Program Banner
Program supplies ( copy paper, toner & flash cards)
DVD
DVD player
Speakers
Drug ID Displays
Total Budget
*All items ink:ude shipping & handling
Miami - Dade County will reimburse an amount not to exceed:
ATTACHMENT B
Contact Person: Sheliss Persaud
O (305) 488 -8965 F (305) 466 -2895
Program Dates: 10/01/11 - 09/30/12
$5,250
$0
$1,000
$1,000
$4,260
$500
$2,000
$300
$350
$300
$100
$300
$400
$5,250
$5 50
ATTACHMENT C
Edward Byrne Memorial Justice Assistance Grant Program Attachment C
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
SCHOOL RESOURCE OFFICER PROJECT
Fiscal Year 2011/2012
Aventura
(City)
(Project Name)
(Name of Person Completing Form) (Title) (Phone)
1
October 1 - December 31
Janus 5
2
7
Janus 1 - March 31
_
April 5
Q 3
April 1- June 30
July a
_
4
Jul 1 - September 30
October 5
Note: Those questions that are directly related to your program have been highlighted for your
convenience. All questions must be answered and explained In the NARRATIVE portion of this report
Any report not received by January 5; April 5; July 5; and/or October 5, will result in the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
ATTACHMENT D
Attachment D
Jusltice Assistance Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
��'�'�'_'� •�"�1pis�,�bj�,Jur s i�o'�I�n �ei�e�fi'�a` d� �'�'�"�
1. Total Federal Budget S 2. Amount This Invoice $
3. Amount of Previous Invoices S
Sub Object Budget Una Item
Code Categories Disallowed
Salaries &
Benellts
Contractual
Services
Operatlnp/
Capital Equipment
Expenses
Total Claim
4. Remaining Budget Balance $
(&Mvdkm2 &3 from s»t)
Exceeds Federal Category
Budget Funds Totals
We request payment in accordance with our contract agreement in the mount of 100% of the Total Costs for this
Claim $
Attached, please find the records which substantiate the above expenditures. I ce" that all of the costs have been paid and
none of the items have been previously reimbursed. AN of the expenditures comply with the authorized budget and fall within
the contractual scope of services and all of the goods and servkxs have been received, for which reimbursement is requested.
RespecMdly submitted,
Chief of Polio* /Other City Official
Payment Approved, Miami Dade
IMiami Dade County
School Resource Officer
City:
Page 2 of 3
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses
Project Name:
Date of Claim:
Claim Number.
Name Date of Type of Total
Officer /Staff Activity Activity" Hours
*(Presentation, Parent Meeting, Field trip, etc.)
TOTAL HOURS AT $ . PER HOUR $
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT.
OFFICER/STAFF SIGNATURE:
OFFICER/STAFF SOCIAL SECURITY NUMBER:
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
Nob: Payroll registers, tams sheets and OT slips, documeMi roll *xpenses, must be attached to process this payrnont.
Miami Dade County
School Resource Officer
City:
Project Name:
Vendor
Pape 3 of 3
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment, Supplies, Material Expenses)
Date of Claim:
Claim Number.
Item Date Check
Description P Number Amt
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment.
ATTACHMENT E
ATTACHMENT E
JAG/BYPM GRANT ADMMSTRATION
AIIAAR -DARE COUNTY AFFIDAMS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All
blank apacxs must be filled.
The MIAh -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVTT; MIAMI -DADS COUNTY
EM0?LOYMENT DISCLOSURE AFFIDAVIT; MIAMI DADS CRDd9NAL RECORD AFFIDAVIT;
DISABILITY NONDISCRU*IMTION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to courts with the United States or any of its departments or agencies thereof. the State or any
political subdivision or agency thereof or any municipality of this State. The N.[L AR -DADS FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the �arted States or any of its departments or encies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
I, Eric M. Soroka. Qfty Manager . being first duly swoon state:
Affiant
The full legal name and-business address of the person(s) or entity contracting or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
65- 0662615
Federal Employer Identification Number (If none, Social Security)
City of Aventura, A Municipal Corporation _
Name of Entity, Iudividual(s), Partners, or Corporation
Doing Business As (If same as above, leave blank)
• 01I ray - ;.
pw
,. •
N/A L • MIAMI DADE COUNTY OWNERSHIP DISCLOSURE AFPIDAv1T (Sec. 2 -8.1 of the County Code)
If the contract or business transaction is with a corpmation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or hx ivec dy
five percent (396) or more of the corporation's stock H the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing, r�uremeats shall twt pertain to contracts with publicly traded
corporations or to contracts with the United States err ath)r departmecit or agency thea�oof, the State oc
aay political subdivision or agency therzaf or any mwucrpality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
Full Legal Name Address Ownership
96
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2. The fall legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who winfuuy fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
N /AIL MIANII -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8-1; Subsection (dx2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenjft= of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requir rants do not apply to contracts with the United States or any department or agency
thereA the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firtn have a collective bargaining agreement with its employees?
_Yes No
2. Does your firm provide paid health cam benefits for its employees?
_ Yes ® No
3. Prdvid a current btda down (number of persons) of your firm's _..-
work force and ownersbip as to race, national origin and gander.
White: Males Females Asian: __,Mates - Females
Wig Black: ___._ ^__._____Females American Indian: Males Females.
Hispanics: Males Females Aleut (Eskimo): - Dales - t- .Females `
Males Females: Males Females
X M. ARMIMATIVE ACTION/NONDISCRIMINATION OF Be1A)YhMN T', : 'PROM'(Yf` R' `AN`D
PROC T CTICES (County Ordinance 98-30 codified at 28.1:3 of the County. --- r-,
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract wittlt, ft, County -shall, as a condition otrece ving a County contract,
have: 0 a written affirmative action plan which sets forth the procedures the entity utilizes to assume that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
Thu foregoing a landing, ootpohate entities whose boards of directors am represaatative of the
population make -up of the nation shall lxi presuaned to have non- disctiminatary employment and
procurement policies, and shall not be requfc+ed to have written affirmative action p1�hs and ptoctu+ement
policies in order to receive a County contract The foregoing presumption may be rebutted.
2of5
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5 ,000,000.
The firm does have anneal revenues in excess of $5,000,000; however, its Board of Directors is
representative of the population of the nation and has submitted a written, detailed
listing of its Board of Directors, inclu ' the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N W, 1st Avenue, 28th Floor, Mami,
Florida 33128.
The firm bas annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. 1" Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan wWc)r a procurement policy as described
above; but has been granted a waiver.
N/A IV. MIAMI DAD13 COUNTY CRIASIIIAI. RECORD AFFIDAv1T (Section 2-8.6 of the County Code),
The individual or entity entering into a contract or receiving funding from the County has
has not as of the date of this affidavit been convicted of a felon during wring the past ten (10) yew-,- .
An officer, director, or executive of the entity entering into a contract or receiving funding fromn the
C has has not As of ttio.date of this affidavit boar convicted of a felony durnig the past
ten (10 years. .
No. . KA M DADS E&M.OYMENT DRUG- FRE.WORULAC AFDAVIT (County Oi=ce
92°15 codified as Section 2.8.1.2 of the County Code)
That in compliance with Ordinmxt No. 92.15; of the Code of Miami -Dade County, Florida;: the abbfe
named person or entity is 1roviding a drug -free workplace. A written statement to each employee
sbaU inform the employee about
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a dru free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be inupoacd upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity male it necessary for the operation of the Count+ or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving
which is provided in whole or in part by the United States or the State of Florida shall be ex�
from the provisions of this ordinance in those instances where those provisions arc in conflict with the
requirements of those governmental entities.
3of5
2LVI. MIAMI DADB EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142 -91 codified as Section I IA -29 et. seq of the County Code)
That in compliance with Ordinance No. 142 -91 of the Code of Nfiaaai Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each wor day a"g
each of twenty (20) or more calendar work weeks, shall provide the following ' on in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above rum at least one (1) year shall be entitled to ninety (90)
days of faar0y leave during any twenty -four (24) month period, far medical reasons, for the hnth or
adoption of a c�.. t� or for the care of a child, spwse or other close n�lative who has a serious health
condition without risk of tetmiruation of employment or employer retaliation
The foreggooing requirements shall not pertain to contracts with the United Stag or any depart or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
Imowever, pertain to municipalities of this State.
X.V1L DISABILITY NON -DISC *CNATION AFFIDAVIT (County Resolution R 385 -95) .
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with aIl applicable requirements of the laws listed below including, but not limned to, ti ose
provisions pertannng to employment, provision of programs and services, transportation,
c omm<micatiot s, access to facilities, renovations, and new construction in the following laws: The
Americus with Disabilities Act of 1990 (ADA), Alb. L. 101 -336, 104 Ste 327,,-42, U.S.C.
12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment, Title 11, Public
Services; Title M Public Accommodations ' and Services Operated by Private "'Enfifa - Title° IV:
Telecommunications and Title V. Miser Provisions; The Rehabilitatidn "ACt'of- .1973,:29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612 'Iha- F*.;Houusing
Act as amended, 42 U.S.C. Section 36013631. The foregoing requ» reuYmts shall not pertain to
contracts with the United States or any deparbnent or agency thereof ;'tlie - State o$ `ate c3at'
subdivision or agency thereof or any municipality of this State. - - - -
N/A VItL MI1 tiII DADE COUNTY RBClARD1NC} DELINQUIIV'T AND CEJRRHMY DUB
FSFS OR
TAXES ( Sec. 2- 8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above maned firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County '
verifies brat all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses — which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
N/ Jx cuRRENT ON ALL COUNTY CONTRACTS, LOANS AND onim OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
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N/&X PROJECT FRESH START (Resolutions R-702-98 and 358 -99)
Any firm that has a contract with the County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start, the Count's Welfare to Work Initiative. However, if five percent
(5%) of the firm's work force consists of individuals who reside in Miami Dade County and who have
lost or will lose cash assistance benefits (formerly rAiidd ttoo Families with Dependent Children) as a
result of the Personal Responsibility and Work Oppo RReconciliation Act of 1996, the firm may
waiver from the requirements of R-702-98 and 358-99 by submitting a waiver request
affidavit The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
X X DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99.5 Codified At 11A-60 Et Seq. of the
Miami-Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99-5, codified at lIA-60 et. seq of the Miami Dade County Code, which requires an
employer which has in the regular course of of fifty (50) or more employees working in Miami -
Dade County for each working day duudog each of twenty (20) or more calendar work weeks in the
cuaat or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County y Affidavits" and
have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits
that do not pertain to this contract
1 By'
(Signature of Affiaut) (Date)_
Eric M. Soroka, City. Manager
SUBSCRIBED AND SWORN. TO (or affirmed) before me this day of
200 by . HdShe is personally .
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public — Stamp State of
()
5of5
(Serial Number)
(Expiration Date)
Notary Seal
ATTACHMENT E 1
JIQ.tW -DADS 00VM7FWRMA
Form A-12
Code of Business Ethics
ATTACHMENT E1
In accordance with Resolution R -99499 each person or entity that seeks to do business
with Mleml -Dade County shall adopt the Mlaml -Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami -Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an
ethical business climate for its members and the community by adopting a Code of Business
Ethics. Miami -Dade County /Greater Miami Chamber of Commerce encourages its members to
Incorporate the principles and practices outlined here in their individual codes of ethics, which will
guide their relationships with customers, clients and suppliers. This Model Code can and should
be prominently displayed at all business locations and may be incorporated Into marketing
materials. Miami -Dade County/Greater Miami Chamber of Commerce believes that its members
should use this Code as a model for the development of their organizations' business codes of
ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect
for the importance of ethical business standards In the community. Miami -Dade County /Greater
Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby
agrees to comply with the prinolpfes of Miami -Dade County /Greater Miami Chamber of
Commerce Code of Business Ethics. If the Proposer firm's code varies In any way the
Proposer must identify the differences) on a separate document attached to Form A-12.
Compliance with Government Rules and Regulations
• We the undersigned Proposer will properly maintain all records and post all licenses and
certificates In prominent places easily seen by our employees and customers;
• in dealing with government agencies and employees, we wig conduct business in accordance
with all applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitrnent Selection and Comoensation of Contractors. Consukina. Vendors. and Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
Identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
Page 1 of 3
Mu&o"z COUNTY, FLORIDA
1= ! • Ul!
•
All our financial transactions will be properly and fairly recorded in appropriate books of
account, and
there will be no off the books" transactions or secret accounts.
Promotion and Sales of Products and Services
• Our products will comply with all applicable safety and quality standards;
• We, the undersigned Proposer will promote and advertise our business and its products or
services in a manner that is not misleading and does not falsely disparage our competitors;
• We, the undersigned Proposer will conduct business with government agencies and employees
In a manner that avoids even the appearance of Impropriety. Efforts to curry political favoritism
are unacceptable;
•
Our proposal will be competitive, appropriate to the request for proposals/qualifications
documents and arrived at Independently;
• Any changes to contracts awarded will have a substantive basis and not be pursued merely
because we are the successful Proposer.
• We, the undersigned Proposer will, to the best of our ability, perform government contracts
awarded at the. price and under the terms provided for in the contract, We will. not submit
Inflated involces for goods provided or services performed under such oontracts,, and daims
will be made only for work actually performed. We will abide by ail contracting and
subcontracting regulations.
We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise
channel kickbacks from contracts awarded, to government officials, their family members or
business associates.
• We, the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation in political campaigns.
Public Ufe and Political Camoak3ns
• We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
• Our cwntnbutions to political parties, committees or Individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
• We, the undersigned Proposer will not contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
Page 2 of 3
KUX,DADE MUM,, FWRMA
• We, the undersigned Proposer will not knowingly disseminate false campaign information or
support those who do.
;�: i . ,. i =�• =alt = t _
• This Code prohibits pass - through payments whereby the prime firm requires that the MBE firm
accepts payments as an MBE and passes through those payments to another entity;
It" i� ='�1� =.tt = ._t.�)I~'1' ii�:T:7� = i� = ti ' * ::
• This Code prohibits rental space requirements, equipment requirements, staff requirements
and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent
space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of
space, equipment, secretary, etc;
�= _ irr IIF,77151
• This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBA participation is purported, the contract shall
specify essential terms Including, but not Amhted to, a specific statement regarding the percent of
participation planned for MBEs, the timing of payments and:vrhen the work: Is to be performed.
_ Byy.
(Signature of Affiant) - (Date)
Eric M. Soroka, City Manager
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200 by He/She
Is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary)
(Print or Stamp of Notary)
Page 3 of 3
(Serial Number)
(Expiration Date)
ATTACHMENT E 2
Attachment E2
MIAMI DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93 -129, Section 1)
I, being duty first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami -Dade County.
By:
(Signature of Af$ant) (Date)
Eric M. Soroka, City Manager
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200 by . He/She
is personally known to me or has presented
('Type of Identification)
as identification.
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public — Stamp State of
(State)
srai
(Serial Number)
(Expiration Date)
Notary Seat
ATTACHMENT E 3
Attachment E3
SWORN STAMUNT PURSUANT TO SECTION 287.133 (3) (a),
LTd?RID�i STATU'1FaS. ON PUBLIC ENTITY CRDIES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMiN1ISTER OATHS
This sworn statement is submitted to Mlamf-0ade County
by Eric M. Soroka. City Manager
(print individual's acme and title)
for City of Aventura
(print Name d entity submitting sworn statement)
whose business address is 19200 W. Country Club Drive, Aventura. FL 33180
and it applicable its Federal Employer Identification Number (FEIN) U 65 -0662615
If the entity has no FM, include the Social Security Number of the Individual signing
this sworn statement:
2. I understand that a "public entity crime" as ddbW in paragraph 287.133 (1)(g), Florida Statutesp
means a violation of any state or federal law by a person with respect to and directly related to the
tramacdons of business with any public entity or with an agency or political subdivision of any other
state or with the United States, laduding, but not limited to, any bid or contract Ibr goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
mldnterpretation.
3. I understand that "convicted" or `Nmoviction" as defined In Paragraph 267.133 (1)(b), Florida
means a finding of guui t or a conviction of a public entity crime, with or without an
adjudication of guilt, to any federal or stab trial court of record relating to charges brought by
Indictment or Information after July 1,198!, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affliate' as der ned in paragraph 287.133(1)(a), Florida Stahrtes. MOM
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who Is active In the management of the'entity and who has been
convicted of a public entity crime. The term "affilfrtte" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an atfniate. The ownership by one person of shares constituting a controlling
Interest in another person, or a pooling of equipment or income among persons when not for Mr
markd value under an arm's length agreement, shall be a prima facie can that one person
controls another person. A person who knowingly eaters into a joint venture with a person who
has been convicted of a public entity trine In Florida during the precedlug 36 months shall be
considered an aiHlfate.
I of 2
5. I understand that a "person" as defined In Paragraph 287.133(lxe), Florida Statutes. means any
natural person or entity organized coder the laws of any date or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for tie provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "pwwd' includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below Is true to relation to the
entity submitting this sworn statement. (Pleas todice which statement applies.)
X — Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partneta, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 11989.
The entity submitting this sworn statement, or one or more of its of ears, directors, executives,
partners, shareholders, anployees, mambas, or agents who are active in the management of the
entity, nor any of Bate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the FIual Order entered by
the Hering Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor Hot. (attach a copy of the foul order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIIIRI) IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA === FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Eric M. Soroka, City Manager
Sworn to and subscribed before me this day of . 20
Personally known
OR Produced Identification Notary Public - State of
My commission expires
(Type of Identification)
( Printed typed or stamped commissioned name of notary
publk)
2gf2
ATTACHMENT F
ATTACHMENT IF
JAGIBYRNE GRANT ADNIINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97 -104)
19200 W. Country Club Drive
Name of Organization: City of Aventura Address: Aventura. FL 33180
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit the list of first tier
subcontractors or sub - consultants who will perform any part of the SSoopp of Services Work. if this
Contract is for $100,000 or more.
The Provider must complete this information. H the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used "; do not state `NIA".
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
The Provider must fill out this information. If the Provider will not use suppliers, the Provider must
state "No suppliers will be used ", do not state WA ".
No suppliers will be used.
I hereby certify that the foregoing infirvurdon is true, corred and complete:
Signature of Authoyized Representative:
Eric M. Soroka
Mle: City Manager Date:
Firm Name: Aventura Police Department Fed ID No, 65- 0662615
Address: 19200 W. Country Club Drive City/Staremp: Aventura, FL 33180_.
Telephone: (3091466-8999 Fax: (305466-8990 &mail: