Item 8C
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AGENDA ITEM #8C
FEBRUARY 9, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contract for Local Law Enforcement Block Grant (JAX)
SUBMITTED BY: John Campbell
DATE: 01-30-2004
BACKGROUND:
Beginning October 1, 2003 the Police Department began establishing a specialized Crime Suppression Unit
(CSU). This unit will focus law enforcement efforts, resources, and staff intensive action on specific
identified goals within the city. The CSU will engage in a variety of strategies including street level law
enforcement, on-going protracted criminal investigations of specific natures, criminal intelligence
gathering, sexual predator and offender tracking and monitoring, meetings with community leaders,
surveys of citizens living in the effected azeas, foot patrols, bicycle patrols, and various other means to
combat nazcotics, prostitution, and other activities that affect the quality of life in Atlantic Beach.
The police department submitted, and was awarded, several grants to fund the majority of the cost for the
CSU, one of which is a portion of the Local Law Enforcement Block Grant Funding through the City of
Jacksonville. This grant is a ten percent (10%) matching grant and is for a total amount of $17,600. This
grant money will be used to pay for communications costs, such as radio airtime and cellular telephone
costs; rentaUleasing of two unmarked undercover vehicles and the gas for same; and for various training
expenses for CSU.
To acquire this funding through the City of Jacksonville Local Law Enforcement Block Grant money, we
need the authorization for the Mayor to sign the contractual paperwork. The City Attorney has reviewed
the agreement, and all recommended changes have been made.
BUDGET:
The 10% matching cost ($1,760.00) for this grant is funded from within the grant account that is already
funded in the 2003-04 City Budget.
RECOMMENDATION:
We recommend the mayor be authorized to sign the contract with the City of Jacksonville to accept this
grant money for the CSU.
ATTACHMENTS:
LLEBG Funding Request Budget Schedule, Spreadsheet showing other grant and matching costs for CSU,
and the contract to be signed by the mayor accepting the LEBG funds of $17,600.
REVIEWED BY
ss.
Local Law Enforcement Block Grant Funding Request
Budget Schedule
~, 2003-2005 Fiscal Year
Justification and/or Documentation For Funds Requested
(page 2 of 2)
AGENDA ITEM #8C
FEBRUARY 9, 2004
Name of Organization: City of Atlantic Beach
Name of Program: Crime Suppression Unit 10°k Match for LLEBG
The Project Budget Schedule Includes Nine (9) Budget Categories (Salaries, Benefits, Contractual Services, Expenses,
Operating Capital Outiay, Data Processing Services, Indirect Costs, Other Recurring Costs,and Other Non-Recurring Costs)
and Tota! Project Costs. Total Loca! Match must be a minimum of 25% of the Total Budget.
7 or Print Dollar Amounts Onl In A ro riate Gate ories and Leave Others Blank
BUDGET CATEGORY FEDERAL MATCH TOTAL
SALARIES: $ _
BENEFITS: $ _
CONTRACTUAL SERVICE VehicleLease~;, 10,440 1,160 $ 11,600
~Air<fire.e for computeFS and'tadios ,,i~
EXPENSES: 2,700 300 $ 3,000
OPERATING CAPITAL OUTLAY: $ _
ADP DATA PROCESSING: $ _
INDIRECT COSTS: iTcainng 2,700 300 $ 3,000
OTHER RECURRING COSTS: $ _
OTHER NON-RECURRING COSTS: $
TOTAL
15,840 1,760 17,600
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AGENDA ITEM #8C
FEBRUARY 9, 2004
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003 by
and between the CITY OF JACKSONVILLE, a municipal corporation in Duval County,
Florida, hereinafter referred to as the "CITY," and the CITY OF A TLANTIC BEACH ,
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
WHEREAS, Ordinance 200)3-1306-E of the City of Jacksonville appropriated United
+~ States Department of Justice, Local Law Enforcement Block Grant funds [Local Law
Enforcement Block Grant Act of 1995 and Omnibus Fiscal Year 1996 Appropriations
Act (Public Law 104-134)] and City of Jacksonville matching fiords for the period of
November 1, 2003 through September 30. 200=1, for the continuation of the CITY OF
ATLANTIC BEACH (CRIME SUPPRESSION UNIT), as one of the programs
authorized by the Duval County Law Enforcement Advisory Board; and
WHEREAS, the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance approved the City's grant application, including the provision in the
application narrative and budget line items identifying the .CONTRACTOR as the
provider of services in support of the CITY OF ATLANTIC BEACH (CRIME
SUPPRESSION UNIT); and
WHEREAS, the General Government Award Committee (GGAC) considered the
Department of Community Services' request for approval of a Proprietary Award for
~"" professional services to be provided by the CONTRACTOR to operate the CRME
SUPPRESSION UNIT; and
WHEREAS, on the __ __ _____ day of _ _ ~_ __, 2003, GGAC recommended to the
Mayor the approval of the selection of the CONTRACTOR as a provider of services in
support of the Duval County Law Enforcement Advisory Board program; and
WHEREAS, on the _.____~___day of __.___, 2003, the Mayor approved the
aforementioned GGAC recommendation, attached hereto as Exhibit B, and made a part
hereof; and
WHEREAS, it is in the best interest of the CITY to enter into this contract with the
CONTRACTOR for the continuation of a crime prevention, intervention, and crime
reduction program, entitled, CITY OF ATLANTIC BEACH (CRIME SUPPRESSION
s„ UNIT), currently being conducted by the CONTRACTOR, consistent with the goals of
the Duval County Law Enforcement Advisory Board; and
WHEREAS, the CONTRACTOR'S services are deemed important to the success of the
Duval County Law Enforcement Advisory Board program; and
,~„ WHEREAS, the CITY hereby engages the services of the CONTRACTOR to perform
the services described in Exhibit A, in support of the Duval County Law Enforcement
Advisory Board program, attached hereto, and made a part, hereof; now therefore
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AGENDA ITEM #8C
FEBRUARY 9, 2004
IN CONSIDERATION of the mutual premises and covenants, the parties agree as
follows:
ARTICLE I
1.0 Incorporation of Recitals:
The above stated recitals are true and correct, and by this reference, are incorporated
herein and made a part thereof.
ARTICLE II
2.0 Supervision: The CONTRACTOR agrees to perform the required services under the
coordination and administration of the Department of .Community Services, City of
Jacksonville.
ARTICLE III
3.0 Scope of Services: The CONTRACTOR agrees to provide services as described in
Exhibit A, attached hereto and made part hereof.
ARTICLE IV
4.0 General Conditions:
CONTRACTOR agrees to do as follows:
A. To accept the funds as appropriated in accordance with the terms of this
. Agreement, the provisions of the Ordinance appropriating said fiords;
"""' B. To comply with all provisions of Chapter 118, Ordinance Code, as it may
be amended form time to time, relative to recipients of grant funds. A tnie
and correct copy of Chapter 118, Ordinance Code is attached hereto as
Exhibit C, and, by this reference is made a part hereof and is incorporated
herein in its entirety;
C. To abide by Chapter 119, Florida Statutes, as from time to time amended,
attached hereto as Exhibit D, and by this reference, is made a part hereof;
and
D. The RECIPIENT agrees to include the statement "This program is
funded in whole or in part by the City of Jacksonville, Department of
Justice, and Local Law Enforcement Block Grants" or similar
language agreed to in writing by both parties when referencing this
pro gram.
E. The RECIPIENT agrees to abide by the standards outlined in the CITY
,,.. PUBLIC SERVICE GRANT STANDARDS as from time to time
amended,attached here to as Exhibit E and, by this reference, is made a
part hereof. Failure of the RECIPIENT to perform in accordance with the
~,. attached CITY PUBLIC SERVICE GRANT STANDARDS will
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AGENDA ITEM #8C
FEBRUARY 9, 2004
constitute a breach of this Agreement and will stand as grounds for
withholding of fiords from any CITY source under this Agreement, or any
other agreement and for termination of this Agreement and may require
the return of all fiords paid to the RECIPIENT tinder this Agreement upon
demand by the Director of the Department of Community Services or
hislher designee. Attached hereto as Exhibit E, and by this reference, is
made a part hereof; and
F. To return to the CITY within fifteen (15} days of demand therefor all
CITY fiords paid to said CONTRACTOR under the terms of this
Agreement upon the City Council's finding that the terms of any
Agreement executed by the CONTRACTOR, the provisions of any
Ordinance appropriating fiords to the CONTRACTOR, or the provisions
of said Chapter 118 have been violated by the CONTRACTOR; and
G. To return to the CITY within fifteen (15) days of demand all funds
expended for disallowed expenditures as determined by the City Council
Auditor of the City of 3acksonville in accordance with Part 4 of said
Chapter 118 and as described as follows:
1. To pay for "Bad Debts"--losses arising from uncollectable
accounts and other claims, and related costs, are not allowable.
2. To pay for "Contingencies"--contributions to a contingency reserve or
any similar provision for unforeseen events are not allowable.
3. To make "Contributions or Donations"--contributions and donations
are not allowable.
4. To pay for "Entertainment"--costs of amusements, social activities, and
incidental costs relating thereto, such as meals, beverages, lodgings,
rentals, transportation, and gratuities are not allowable.
~ 5. To pay "Fines and Penalties"--costs resulting from violations of, or
failure to comply with, federal, state, and local laws and regulations are
not allowable.
6. To pay "Governor's Expenses"--the salaries and expenses of the Office
of the Governor of a state or the chief executive of a political subdivision
~„ are considered a cost of general state or local government and are not
allowable.
~,, 1. To pay "Legislative Expenses"--the salaries and other expenses of the
State Legislature of similar local governmental bodies such as county
supervisors, city councils, school boards, etc., whether incurred for
~,. purposes of legislation or executive direction, are not allowable.
8. To pay "Interest and Other Financial Costs"--interest on borrowings
~. (however represented), bond discounts, costs of financing. and refinancing
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AGENDA ITEM #8C
FEBRUARY 9, 2004
operations, and legal and professional fees paid in connection therewith,
are not allowable; and
H. To produce all documents required by the Council Auditors; and in the case of
a CONTRACTOR receiving Twenty-Five Thousand Dollars ($25,000) or
more from the CITY, from any combination of CITY funding sources, to
furnish the city a copy of an audit report conducted in accordance with general
accepted auditing standards, Government Auditing Standards, issued by the
Comptroller General of the United States, and if applicable, the provisions of
Office of Management and Budget Circular A-133, "Audits of Institutions of
Higher Education and other Nonprofit Organizations", including a report on
compliance with laws and regulations based on an audit of financial
statements performed in accordance with Government Auditing Standards and
a report on internal control struichire required by OMB Circular A-133. This
report shall be due within 120 days of the close of the CONTRACTOR'S
fiscal year. A copy of OMB Circular A-133 is attached here to as Exhibit F
and, by this reference, is made a part hereof;.and
I. To maintain a separate bank demand account and/or time deposit account and
"'" deposit and keep all city fiords received and no other funds in accounts and
make all disbursements of city finds from said accounts.
ARTICLE V
5.0 Assignment and Subcontracts:
5.1. The CONTRACTOR shall not assign any rights or duties under this Agreement to
any other party not specifically identified with respect to assignment in Exhibit A
without the prior written permission of the CITY. If the CONTRACTOR attempts to
assign any rights or duties without securing prior written permission, this Agreement
shall be declared void by the CITY and the CONTRACTOR thereupon agrees to
remit to the CITY all payments made pursuant to this Agreement for the entire term
of the Agreement within five (5) days from demand.
5.2. The CONTRACTOR shall not enter into any subcontracts with any subcontractor
,, not specified in Exhibit A for any of the work contemplated under this Agreement
without obtaining the prior written approval of the CITY, which written approval
shall be attached to the original Agreement and subject to such conditions and
provisions as the CITY may deem necessary; provided, however, that, not
withstanding the foregoing, unless otherwise provided herein, such prior written
approval shall not be required for purchase by the CONTRACTOR of such articles,
supplies, equipment, and services which are both necessary and incidental to the
performance of the work required under this Agreement; and provided further,
however, that no provision of this clause and no such approval by the CITY of any
subcontracts shall be deemed in any event or manner to provide for the incurrence of
any obligation of the CITY in addition to the total agreed upon price contained
herein.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
ARTICLE VI
6.0 Funding:
6.1 The CITY agrees to pay the CONTRACTOR a total amount not to exceed
SEVENTEEN THOUSAND SIX H[.NDRED ($17.600.00) for services rendered
under this contract. The CITY agrees to pay the CONTRACTOR the total sum of
S1;Vl~,N"1 1 1:N "1' C)US.AN :~ SIX I-It1N1.)RI:D ($17,600.OOjfor the program or
activity, payable in the amounts, format, and at the times as indicated below:
6.2 The CITY shall pay the CONTRACTOR on a quarterly basis as reimbursement for
services rendered to eligible clients in accordance with this contract, upon
presentation to the City of an itemized statement, submitted quarterly and due within
10 days following the last day of each quarter, signed by an authorized
representative of the CONTRACTOR, certifying that the billing is made subject to
the provisions and penalties of Section 837.06 Florida Statutes.
6.3 The CITY'S Contract Administrator will be responsible for monitoring the
administrative and programmatic functions of the provisions of this agreement. The
~""' CITY'S Contract Administrator for this agreement is located in the Community
Services Department, Office of the Director.
"~' 6.4 The CONTRACTOR shall submit quarterly budget and programmatic reports in a
format mutually agreed to by the CITY and the CONTRACTOR, including, but not
limited to: the services rendered, outcomes for programs supported, and an itemized
~"' .statement of expenditures relating to budget categories set forth in Exhibit A. The
reports shall be signed by an authorized representative of the CONTRACTOR. The
CONTRACTOR shall make available for the CITY'S inspection clear copies of
~'" back-up documentation for all eligible project expenditures made by the
CONTRACTOR in the provision of the required scope of services during the
reporting period. The reports shall be submitted to the Program Administrator,
~' Department of Community Services, Office of Director, 117 W. Duval Street, Suite
210, Jacksonville, FL 32202, no later than the l 0th of the month following the end of
the quarter. For example, the report for the quarter ending September 30th shall be
submitted no later than October 10, 2003.
6.5 Acceptable documentation includes copies of such documents as purchase orders,
paid vouchers and invoices and any other such documentation as may be deemed
necessary by the CITY or by the Department of Justice.
ARTICLE VII
~„ 7.0 Any funds not spent at the end of the contract period, or not used in accord with this
agreement or in accord with all applicable laws, rules, and regulations shall be
subject to repayment by the CONTRACTOR.
,.
7.1 In addition to the programmatic and budget report required in Article VI, The
,~. CONTRACTOR shall provide other project programmatic and fiscal status
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FEBRUARY 9, 2004
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information as may be specified and requested by the CITY or the Department of
Justice.
7.2 The CONTRACTOR shall maintain all records and documents for a minimum of
~,,, three (3) years from the date that final payment is received and be available for audit
and public disclosure upon request of duly authorized persons;
7.3 The CONTRACTOR consents to such audits of its financial affairs by the Council
Auditor, Department of Community Services, and the Department of Justice as may
be required and agrees to produce any and all documents which maybe requested by
the Council Auditor, Department of Community Services, or the Department of
Justice;
~.. 7.4 The CONTRACTOR shall provide a completed and signed City of Jacksonville
"Conflict of Interest Certificate" in a form furnished by the CITY and made part of
this agreement as Exhibit G, attached hereto and made a part thereof;
7.5 In lieLi of formal execution of a "Public Entity Crime Statement", the following
paragraph is acknowledged by the CONTRACTOR "A person or affiliate who has
been placed on the State of Florida convicted vendor list following a conviction for a
public entity crime 'may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for
~"' the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
"""' entity, and may not transact business with any public entity for a period of 36
months from the date of being placed on the convicted vendor list. "
7.6 The CONTRACTOR shall be responsible for obtaining any license and/or licenses
which may be required for the operation of the CONTRACTOR'S, or any portion of
~' the program and/or delivery of services called herein and shall provide copies of
such license/licenses to the Contract Administrator.
ARTICLE VIII
8.0 Effective Dates:
8.1 This contract shall be effective November l ; 2003 and shall terminate at midnight on
~. September 30, 2004, unless canceled sooner with or without cause, by either party,
by giving thirty (30) days prior written notice of such intent, unless extended in
writing.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
ARTICLE IX
9.0 Indemnification
9.1 The CONTRACTOR shall act as an independent contractor, and not as an employee
of the CITY, in operating the aforementioned service. The CONTRACTOR shall
provide indemnification and proaf of insurance in a manner proscribed in the City of
Jacksonville Insurance Requirements and shall furnish a copy of this insurance
policy to the CITY. The CONTRACTOR acknowledges that filnding for this
contract is provided through the United States Department of Justice. In addition to
the insurance requirements set forth set forth above herein, the CONTRACTOR
shall ensure that the following limits of coverage required by the State of Florida
Department of Juvenile Justice are provided and maintained during the entire period
of the contract:
NIINIIVIUM BASELINE INSURANCE REQUIREMENTS
The CONTRACTOR shall procure and maintain during the term of the project, insurance
of the type and in the minimum amount stated below:
SCHEDULE
Workers Compensation
'~" Employer's Liability
(including appropriate Federal Acts)
LIMITS
Florida Statutory Coverage
$100,000 Each Accident
$500,000 Disease Policy Limit
$100,000 Each Employee/Disease
Commercial General Liability
(including premises operations,
and contractual liability)
$2,000,000 General Aggregate
$2,000,OOOProducts/Comp.Ops.Agg.
$1,000,OOOPersonal/Advertising Injury
$1,000,000 Each Occurrence
$ 50,000 Fire Damage
$ 5,000 Medical Expenses
(The City of Jacksonville shall be named as an additional insured under all of the above
Commercial General Liability coverage)
,~„ Automobile Liability
(all automobiles-owned, hired
ornon-owned)
$1,000,000 Combined Single Limit
Professional Liability
$1,000,000
~. (Professional Liability coverage will be provided on an Occurrence Form or a Claims
Made Form with a retroactive date equal to at least the first date of this agreement and
with a three year reporting option beyond the annual expiration date of the policy.)
Said insurance shall be written by an insurer holding a current certificate of authority
pursuant to chapter 624, Florida Statutes. Such insurance shall'be endorsed to provide
for a waiver of underwriter's rights of subrogation in favor of the City. Such Insurance
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AGENDA ITEM #8C
FEBRUARY 9, 2004
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shall be written by an insurer with an A.M. Best Rating of A X or better. Prior to
commencing any work on the project, Certificates of Insurance approved by the City's
Division of Insurance & Risk Management demonstrating the maintenance of said
insurance shall be furnished to the City. The certificates shall provide that no material
alteration or cancellation, including expiration and non-renewal shall be effective until
thirty (30) days after receipt of written notice by the City.
Anything to the contrary notwithstanding, the liabilities of the Consultant tinder this
Agreement shall survive and not be terminated, reduced or otherwise limited by any
expiration or termination of insurance coverage. Neither approval nor failure to
disapprove insurance furnished by the CONTRACTOR shall relieve the CONTRACTOR
or its sub-contractors from the responsibility to provide insurance
The CONTRACTOR shall. be liable for, and shall indemnify, defend and hold the CITY
harmless for all claims, suits, judgments, or damages arising from the operating of the
services required by this contract during the course of the contract to the extent allowable
Linder the law.
A. The CONTRACTOR shall hold harmless, indemnify, and defend the CITY
against any claim, action, loss, damage, injury, liability, cost and expense of
whatsoever kind or nature (including, but not by way of limitation, attorney's
fees and court costs) arising out of injury (whether mental or corporal) to
persons, including death or damage to property, arising out of or incidental to
any negligent act or omission of the CONTRACTOR in the performance of its
duties and obligations under this Agreement;
B. In the event of joint negligence on the part of the CITY and the
CONTRACTOR, any loss shall be apportioned in accordance with the
'"~ provisions of Section 768.31, Florida Statutes, the Uniform Contribution
Among Tortfeasors Act, as it exists on the effective date of this Agreement;
C. For the purpose of this indemnification, the term "CITY" shall mean the City
of Jacksonville as a municipal corporation and shall include its elected
officials, its officers, employees, agents, and representatives.
ARTICLE X
10.0 Civil Rights
„~,,, 10.1 There will be no discrimination against any employee or person served on account
of race, color, sex, age, religion, ancestry, national origin, handicap, or marital
status in the performance of this Agreement.
10.2 The CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964
(42 USC 2000d) in regard to the persons served.
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10.3 The CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964
(42 USC 2000e) in regard to employees or applicants for employment.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
10.4 The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of
1973 in regard to employees or applicants for employment and clients served.
10.5 The CONTRACTOR shall comply with the Americans with Disabilities Act of
1990(Public Law 101-336) in regard to employees and persons served.
10.6 It is expressly understood that, upon receipt of evidence of such discrimination as
prohibited by the laws cited above, the CITY shall have the right to terminate this
Agreement.
10.7 CONTRACTOR represents that it has adopted and will maintain a policy of
nondiscrimination against employees or applicants for employment on account of
race, religion, sex, color, national origin, age, or handicap, in all areas of employee
relations, throughout the term of this agreement. CONTRACTOR agrees that, on
written request, it will permit reasonable access to its records, by the Executive
Director of the Community Relations Commissions, or its successor commission or
agency, for the purpose of investigation, to ascertain compliance with the
nondiscrimination provisions of this Agreement; provided, however, that
CONTRACTOR agrees that, if any of the obligations of this Agreement are to be
performed by a subcontractor, the provisions of this Section 9.2 shall be
incorporated into and become a part of that contract. This provision is required by
Section 126.404, Ordinance Code.
ARTICLE XI
11.0 Background Screenings.
11.1 The CONTRACTOR shall ensure that all of its employees and volunteers at the
CONTRACTOR'S facility who are involved with the youth, as well as the
employees and volunteers of any of CONTRACTOR'S subcontractors who are
involved with youth, are of good moral character. The CONTRACTOR shall
comply with the Department of Juvenile Justice, Office of the Inspector General's
Statewide Procedure on Background Screening for Employees, Providers, and
Volunteers. The CONTRACTOR shall comply with the requirements for
background screening as mandated in Section 985.01, Florida Statutes. Failure to
comply with this background screening procedure could result in the cancellation
of this Agreement.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
ARTICLE XII
12.0 Unauthorized Alien Workers.
12.1 The CITY shall consider the employment of Unauthorized alien workers a violation
of the Immigration and Naticralization Act. The CONTRACTOR'S employment
of unauthorized alien workers shall be considered as grounds for unilateral
~"" revocation of the award.
" ARTICLE XIII
13.0 Technical Assistance:
13.1 The CONTRACTOR agrees to accept technical assistance from the CITY related
to the reporting requirements in this Agreement, and shall make any reasonable
'"~' changes in its reporting procedures which will better facilitate the documentation
of program efficiency and effectiveness.
13.2 The CONTRACTOR agrees to accept technical assistance from the CITY related
to programmatic issues concerning the provision of services.
13.3 The CONTRACTOR shall notify the CITY if sufficient staff, facilities and
equipment necessary to deliver the agreed upon services cannot be maintained.
,~ Failure to notify the CITY of any such deficiencies or to adequately provide the
services described in Exhibit A constitutes a breach of this Agreement and grounds
for termination under Article XVIII.
13.4. As a provider agency of the CITY, the CONTRACTOR agrees to participate in all
CITY meetings and any other community activities reasonably requested by the
CITY.
ARTICLE XIV
14.0. Contract, Scope of Work/Services and Chances:
14.1 The CITY may, from time to time, require changes in the scope of the work or
services of the CONTRACTOR to be performed under this Agreement. Such
changes, including any increases or decreases in the amount of the
CONTRACTOR'S compensation, which are mutually agreed upon by the CITY
and the CONTRACTOR, shall be incorporated in written amendments to this
agreement signed by both parties' authorized representatives.
14.2 Unless otherwise agreed upon in writing by the CITY and the CONTRACTOR,
!~ any request by the CONTRACTOR for change of service delivery site or services
provided must be put in writing and approved by the CITY at least thirty (30) days
prior to said changes taking effect.
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,. AGENDA ITEM #SC
FEBRUARY 9, 2004
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14.3 In the event fiends to finance this Agreement become unavailable, the CITY may
terminate the contract upon no less than twenty-four (24) hours notice in writing to
the CONTRACTOR, Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery. The CITY shall be the final
authority as to the availability of fiends.
14.4 Should it become necessary for the CITY to change the designation of the CITY'S
~• Contract Administrator, the CITY shall use its best efforts to notify the
CONTRACTOR within 48 hours of such change.
ARTICLE XV
15.0. Equipment Purchases:
15.1 Any equipment purchased in accordance with this or previous contract(s) in
connection with aforementioned program or activity which has a unit cost of Five
Hundred Dollars ($100) or more and a useful life of one year or more shall be
taken up on an inventory record by CONTRACTOR and inventoried at least
annually; and; upon the expiration of the useful life of such equipment or upon the
expiration of the aforementioned program or activity, whichever occurs first, such
equipment shall be transferred free and clear of all liens and encumbrances to the
CITY or disposed of as authorized in writing by the CITY.
15.2 The CONTRACTOR agrees to make all reasonable efforts so as to adhere to the
following City procurement requirements in their purchase of labor, materials,
supplies and equipment that is not deemed sole source:
A. Any purchase up to $500 will require that documentation of two phone quotes
to verify the lowest price was used in the purchase.
B. Any purchase of over $500 to $2,000 will require two written estimates.
C. Any purchase of over $2,000 to $4,000 will require three written estimates.
D. Any purchase of over $4,000 to $8,000 will require four written estimates.
E. Any purchase of over $8,000 to $12,000 will require five written estimates.
F. Any purchase of over $12,000 will require a formal bid procedure (advertising
and sealed bids}.
ARTICLE XVI
~„ 16.0. Residual Funds:
16.1 The CONTRACTOR agrees that any fiords provided by the CITY for the operation
,~,, of the program or activity during the period of this Agreement, which are residual
funds, remaining unspent or unencumbered by any existing (not contingent) legal
obligation, shall be returned to the CITY in the form of a negotiable instrument
not later than thirty (30) days after the close of the aforesaid period.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
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ARTICLE XVII
17.0. Reversion of Assets:
17.1 The CONTRACTOR shall transfer to the CITY any
contractual services fiends or assets on hand and any accounts receivable attributed
to the use of said fiords at such time the CITY no longer does business with the
CONTRACTOR for the purposes described in Exhibit A.
ARTICLE XVIII
18.0. Breach/ Termination:
18.1 If the CONTRACTOR breaches any term of this Agreement, the CITY may, by
written notice of breach to the CONTRACTOR, terminate the .whole or any part of
this Agreement in any of the following circumstances:
A. If the CONTRACTOR fails to provide services called for by this
Agreement within the time specified herein or any extension thereof; or
""' B. If the CONTRACTOR fails to perform any of the other provisions of this
Agreement, including the provisions set forth in the Exhibits attached to
this Agreement; or
C. If the CONTRACTOR fails to correct said breach within the number of
days stated in the written notice of breach.
18.2 Termination shall be upon no less than twenty-four (24) hours notice in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in
person with proof of delivery.
18.3 Upon receipt of a notice of termination and, except as otherwise directed, the
CONTRACTOR shall:
A. Cease working under this Agreement on the date and to the extent
specified in the notice of termination.
B. Place no further orders or subcontracts to the extent that they relate to the
performance of the work which was terminated.
C. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work which was terminated.
~,~, D. Prepare all necessary reports and documents required under the terms of
this Agreement up to the date of termination, including the final report
without reimbursement for services rendered in completing said reports
~.. beyond the termination date.
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AGENDA ITEM #8C
FEBRUARY 9, 2004
ARTICLE XIX
19.0 Incorporation of Exhibits.
19.1 All Exhibits that are attached hereto are, by this reference, incorporated herein and
made a part hereof, as if set out in their entirety.
ARTICLE XX
20.0 Contingent Fee Prohibited.
20.1 In conformity with Section 126.306, Ordinance Code: The CONTRACTOR
warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONTRACTOR, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual for firm, other than a bona fide employee working solely
for the CONTRACTOR, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of these provisions, the CITY shall have
the right to terminate this Agreement without liability and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
ARTICLE XXI
21.0 Truth in Negotiation.
20.1 In conformity with Section 126.305, Ordinance Coder The CONTRACTOR
understands and agrees that execution of this Agreement by the CONTRACTOR
shall be deemed to be simultaneous execution of truth-in-negotiation certificate
under this provision to the same extent as if such certificate had been executed
apart from this Agreement, such certificate being required by Section 126.305,
Ordinance Code, for professional services contracts over fifty thousand dollars.
Pursuant to such certificate, the CONTRACTOR hereby states that the wages rate
and other factual unit costs supporting the compensation hereunder are accurate,
complete and current at the time of contracting. Further, the CONTRACTOR
agrees that the compensation hereunder shall be adjusted to exclude and significant
sums where the CITY determines the contract price was increased due to
inaccurate, incomplete or noncurrent wage rates and to the factual unit costs,
provided that any and all such adjustment shall be within one (1) year following
the completion date of this Agreement.
13
AGENDA ITEM #8C
FEBRUARY 9, 2004
ARTICLE YXII
22.0 Prompt Payment to Subcontractors and Suppliers.
A. GENERALLY -When Contractor receives payment from CITY for labor,
services, or materials furnished by subcontractors and suppliers hired by
Contractor, Contractor shall remit payment due (less proper retainage) to those
~" ,subcontractors and suppliers within 15 calendar days after Contractor's receipt of
payment from CITY. Nothing herein shall prohibit Contractor from disputing,
pursuant to the terms hereof, all or any portion of a payment alleged to be due to
"' its subcontractors and suppliers. In the event of such a dispute, Contractor may
withhold the disputed portion of any such payment only after Contractor has
provided notice to CITY and to the subcontractor or supplier whose payment is in
~"" dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii)
specifically describe the actions required to cure the dispute; and (iv) be delivered
to CITY and said subcontractor or supplier within 10 calendar days after
'"~" Contractor's receipt of payment from CITY. Contractor shall pay all undisputed
amounts due within the time limits imposed by this section.
B. SMALL DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
- Notwithstanding Chapter 126, Part 6 of the Jacksonville Ordinance Code (the
"Code"), Contractor shall pay all contracts awarded with certified SDBEs and
SBEs as defined therein their pro-rata share of their earned portion of the progress
payments made by CITY under the applicable contract within seven (7) business
days after Contractor's receipt of payment from CITY (less proper retainage). The
pro-rata share shall be based on all work completed, materials, and equipment
furnished or services performed by the certified SDBE or SBE at the time of
payment. As a condition precedent to progress and final payments to Contractor,
Contractor shall provide to CITY, with its requisition for payment, documentation
that sufficiently demonstrates that Contractor has made proper payments to its
certified SDBE's or SBEs from all prior payments that Contractor has received
from CITY. Contractor shall not unreasonably withhold payments to certified
SDBE's if such payments have been made to the Contractor. If Contractor
withholds payment to its certified SDBE's or SBEs, which payment has been
made by CITY to Contractor, Contractor shall return said payment to CITY.
Contractor shall provide notice to CITY and to the certified SDBE or SBEswhose
payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in
dispute; (iii) specifically describe the actions required to cure the dispute; and (iv)
be delivered to CITY and said subcontractor or supplier within five (5) calendar
days after Contractor's receipt of payment from CITY. Contractor shall pay all
undisputed amounts due within the time limits imposed by this section. The failure
to pay undisputed amounts to the SDBE or SBE within 7 business days shall be a
breach of contract, compensable by 1 % of the outstanding invoice being withheld
by the City as liquidated damages. Continued failure to adhere to this clause may
~* be cause for termination.
C. THIRD-PARTY LIABILITY -The Prompt Payment requirements hereunder
"" shall, in no way, create any contractual relationship or obligation between CITY
14
AGENDA ITEM #8C
FEBRUARY 9, 2004
and any subcontractor, supplier, SDBE, or any third-party or create any CITY
~„ liability for Contractor's failure to make timely payments hereunder. However,
Contractor's failure to comply with the Prompt Payment requirements shall
constitute a material breach of its contractual obligations to CITY. As a result of
„~ said breach, CITY, without waiving any other available remedy it may have
against Contractor, may: (i) issue joint checks; and (ii) charge Contractor a 0.2%
daily late payment interest charge or other charges specified in Chapter 126 of the
+~• Code for SDBE's or SBEs and Chapter 218, Florida Statutes, for non-SDBE's or
SBEs, whichever greater.
ARTICLE XXIII
23.0 Governing Law/Venue/Servability
23.1 This Agreement shall be governed and interpreted by the laws of the State of
Florida. Venue for any litigation under this Agreement shall be in a court of
competent jurisdiction in Jacksonville, Duval County, Florida. Should a court of
competent jurisdiction hold that any provision of this Agreement is unlawful or
otherwise unenforceable, that specific provision shall be stricken from this
Agreement and the remaining provisions shall continue in frill force and effect.
ARTICLE XXIV
24.0 Entire Agreement
24.1 This Agreement represents the entire agreement by and between the parties with
respect to the Center for Prevention of Domestic Violence. No statement,
understanding, writing, course of action or course of conduct, by the parties or
their authorized representatives shall be binding unless contained in this
Agreement. This Agreement maybe amended only by written amendment signed
by the authorized representatives of the respective parties hereto.
[THE REMAINDER OF THIS PAGE lti HAS BEEN LEFT BLANK
INTENTIONALLY. THE SIGNATURE PAGE TO THIS AGREEMENT
APPEARS ON PAGE 16]
15
AGENDA ITEM #8C
FEBRUARY 9, 2004
IN WITNESS THEREOF, the parties hereto duly execute this agreement as of the day
and first above written.
ATTEST: CITY OF JACKSONVILLE, FLORIDA
By: By:
Neill McArthur John Peyton
Corporate Secretary Mayor
Date: Date:
ATTEST: Atlantic Beach Police Department
WITNESS: FID# S~>-6000267
Contractor's Witness Contractor's Signature
Name: Name: John Meserve
Title: Title: Mayor
Date: Date:
IN COMPLIANCE with the Charter of the City of Jacksonville, I do hereby certify that
there is an unexpended, unencumbered and unimpounded balance in the appropriation
sufficient to cover the foregoing Agreement and that provision .has been made for the
payment of monies provided therein to be paid.
B y:
Director of Administration and Finance
FORM APPROVED:
Account: CSODIF6ABPD
CSO072/04
SUBOBJECT 03410 By:
Contract #
Assistant General Counsel
16