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J & M VERA SCHOOL BUS SERVICE, INC. - TRANSPORTATION FOR SUMMER CAMP PROGRAMA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: TRANSPORTATION SERVICES FOR SUMMER CAMP PROGRAM DESCRIPTION: THE CHILDREN’S TRUST CONTRACT#2216-2760 CONTRACT PERIOD: 6/13/2022-7/28/2022 SECTION #1 – VENDOR AWARD Name: J&M VERA SCHOOL BUS SERVICE, INC. Name: Contact: ANIA VALDES Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 6/14/2022, ITEM L AMENDED AMOUNT: RESOLUTION NO: 2022-076 INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $24,300.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: 305-698-3653 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF EDUCATION & COMMUNITY SERVICES Contract Administrator: SHARON DZIEDZIC Phone: 305-698-3653 Prepared by: MARILIN GUTIERREZ ITEM# L ----RECEIVED JUN 01 2022 RECEIVED .JUN 1 4 2022 JUN 0 l 2022 COUNCIL AGENDA I OFFICE OF . MANAGEMENT & BUDGET This form , letter from the department head addressed to the Mayor and City ounc1, supporting documents are due the Monday of the week prior to the City Council Meeting. Date of Request: c:;-!L-O l-z....-1- Requesting City Department: Education and Community Services Requested Council Meeting Date: / June 7, 2022 Action Requested from the .-rf Issue a purchase order City Council: LJ Increase a purchase order [J Award a bid :.:.i Bid No. LJ Reject a bid -~ Bid No. ·- [j Special Events Permit n Street Closure [J Other: Scope of service(s) or Scope of Services product(s): Vendor: J&M Vero School Bus Service, Inc. Expenditure Amount: $24,300.00 Funding Source (i.e., account funding the expenditure): The Children's Trust Grant -STEP Ahead-Budget Attached and ECS General Fund Account for Aftercare/ Summer-Budget Attached Purchasing Process: 0 Competitive Bidding 0 An exception to competitive bidding applies: i/ Professional services in the nature consultants, accountants and attorneys D Sole source provider LJ Emergency based on object facts lJ Credit facilities of 0 Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. C: Title of state, county or other governmental agencies contract: '-:-i Piggy-back contract expiration date: ______________ _ LJ Waive Competitive Bidding 0 Reason(s) it is not advantageous to the City to utilize competitive bidding: Signatures: Department Head G q ·~ Esteban Bovo, Jr. Mayor Carl Zogby Council President Monica Perez Council Vice-President May 20, 2022 Honorable Mayor Esteban Bovo, Jr. and City Council Members City of Hialeah 501 Palm Avenue Hialeah, FL 33010 Dear Mayor and City Council Members: City of Hialeah Council Members Bryan Calvo Vivian Casals-Munoz Jacqueline Garcia-Roves Luis Rodriguez Jesus Tundidor The Charter of the City of Hialeah states that contracts in amounts greater than $15,000 shall be awarded on the basis of specifications and fo1mal sealed bids. The Council may award a contract to the lowest responsible bidder; or it may reject all bids and re-adve11ise; or it may waive competitive bidding when it finds this to be in the best interest of the City. Respectfully requesting to open a Purchase Order and enter into a Professional Services Agreement for the STEP Ahead program funded by The Children's Trust grant for FY 2021-2022 for J&M Vera School Bus Service, an active corporation in good standing in the State of Florida to allow for summer transportation services. Working with the Purchasing Manager, the ECS Department placed a Request for Quote NO. 2021-22-004, through BidNet to secure transportation services from a vendor off the Miami Dade County Schools pool of private bus services. J&M Vera School Bus Service was able to provide a fee which would allow for services that are aligned with the budgeted line item amount for transportation services from The Children's Trust award and comply with safety transpo11ation requirements from the funder. The following amount has been budgeted for this request below and the account numbers where funds have been allocated are as follows: Children's Trust STEP Ahead Funded by The Children 's Trust CCLC for FY 2021-2022 in the amount of $16,800 .00 from account #126.3120.569.340 Operating Supplies-Aftercare & Camps-General Fund Account FY-2022 m the amount of $7500.00 from account 001.3120.573 .528 Respectfully, ~ Sharon Dziedzic, Education Supervisor I Education and Community Services Departme nt ~DISAPPROVED Mayor Es teba Bovo, Jr. 501 Palm Avenue, Hia eah, Florida· 330 10-47 19 www.hialeahfl.gov Detail by Entity Name Florida Profit Corporation J. & M. VERA SCHOOL BUS SERVICE, INC. Filing Information Document Number FEl/EIN Number Date Filed State Status PrinciP-al Address 2597 W 70 ST HIALEAH, FL 33016 Mailing Address 2597 W 70 ST HIALEAH, FL 33016 P01000005960 65-1068751 01/16/2001 FL ACTIVE Registered Agent Name & Address VALDES, ANIA 2597 W 70 ST HIALEAH, FL 33016 Name Changed : 01/15/2 018 Officer/Director Detail Name & Address Title P VALD E S, ANIA 2597 W 70 ST HIALEAH , FL 3301 6 Title VP VALDES, DARLIN 2597 W 70 ST HIALEAH, FL 33016 Title T D1 v 1s1o i--! o r-C o?..PO RAT1o us l JJ '/J:;)<_J!; r;/ r~ CJJ ~? r J j)__;·~'l'l r J l f .'~ . ; ! ' '•' ! ! . ~.I:' '.. . ~ ·. ' I: ; ! . J I I .: : \ ' I '. VERA. ABDIEL 2597 W 70 ST HIALEAH, FL 33016 Title COO VERA, MAGALY 2597 W 70 ST HIALEAH , FL 33016 AnnualRe1::1orts Report Year 2020 2021 2022 Filed Date 06/21/2020 04/29/2021 04/1 4 /2022 Document Images 04114/2022 ··ANNUAL REPORT ·--.. ~~:~~!!_e 1n PDF formal _ __J 9&29/202 1 .. ANNUAL REPORT Vi ew image in PDF fo rnrn l j Q.§J;?J/2020 •• !'\b!NUAL REPORT View im age in PDF forma l __j 04109/20 1Ll\NNUAL REPORT Vi ew im age in PDF forrn ;il I 01 / 15/20 18 •. ANNUAL REPORT Vi ew image in PDF fo rm al I Q.4 /09/2017 .• ANl~UAL REPORT. View image in PDF forma l j Q?J!l7/20 16 .. A l~NU A L REPORT Vi ew image in PD F fur111nl I 03105/2015 ··ANNUAL REPORT View im<igc in PDF fo nn al _j 9 3/04/20 14 •• ANNUAL REPORT ___ V_ie_v_1 _i1n_a_g_e_il_1 _P_D_F_ro_r_n_1"_1_....JI 0 2/1.1RQ.11.:.:..t,NN.\1Al. .• REPORT View image in PDF fo rm ~'-···_J Q112W20 12.:::_AH!ilJAL REPOH T ___ v_ie_-"_' _111_1<_•o_e_in_P_D_F_ro_r_n_1a_1 _ __,I !>412G/2011 .. ANNUAi. H E ~QRT ___ v_ie_.,_·1_i"_'"_g_e_in_P_D_F_ro_r_11_"_'1_--1I 03/08/20 10 .. Al'!.!~UAL REPOHT ___ v_ie_w_i_m_a_g_e_11_1 _P_DF_fc_ir_m_a_1 _--1f Q.1Ll.1!1.Q.09 ·-ANNUAL REPORT ___ v_is_,._, _im_a_g_e_i'_' _P_D_F_fo_r_11_1a_1 _--1I Q.111 6/2008 -· ANHUAL REPORT ___ v_ie_1·_1 _in_1a_g_c_i1_1 _P_D_F_f<_1r_n_1a_1 _ __,I il:!@2£l07 ·-ANNl)Al. RE,P081 0412 1/2005 ·-ANNUAL REPORT View in rng e in PDF fo rma l __j Vi ew 1ma11e in PD F fo rma l I 94/14/2P0 5 •· Al~l ~UAL REPORT ___ V_ie_1'_' _in_><_1g_e_il_1 _P_D_F_ro_r_n_rn_1 _--J, Q.'1/27 /2(104 . -ANNUAL RE PORT ___ v_;~_"_' _i11_1a_\1_e_i1_1 _P_D_F_f<_11_·11_ia_1 _.......Jl 02i 1B12003 •· A NN U.O.L REl?O RT ___ 11_1e_,._, 1_m_a_g_e_in_PD_F_fo_•_m_o_< _ __,I Q:llil312 002 .. A NNUAi. REPOR I Vi ew image 11 1 PDr-formnl I Qjj 161200 1 --Dom es lie Profit V iew un aye 111 PDf format J I '"• ~. -. 1 :'~ , ' /1 )' -• i 2022 ECS Transportation Bi d Transportation Needs J&M Vera School Bus Carlos & Susana School Bus Service Daily Routes 44 passenger bus handicap accessible Pick up American Drop off ECS $195.00 NO BID 44 passenger bus handicap accessible up to 30 stops. 2 routes-1 Hialeah. Hialeah Gardens & $450.00 ($225.00 per bus) NO BID 1-Miami Lakes/Miami Gardens Pick up ECS Drop off student homes Weekly Field Trips for 44 or 65 passenger bus to: Hialeah $215.00 WI AC-$220 Handicap $62.50 per hour (4-hour Min)= $250.00 Miami Dade County $255.00 W/AC-$260 Handicap $62.50 per hour (4-hour Min}= $250.00 Boward County $315.00 W/AC-$320 Handicap $82.50 per hour (4-hour Min)= $330.00 Miccosukee Reserve $345.00 W/ AC-$350 Handicap $105.00 per hour (5-hour Min} =$525.00 Monroe County $850-$1300 W/AC-$860-$1310 Handicap $105.00 per hour (5-hour Min) =$525.00 Comments: 6-65 passanger buses all with A/C 1~ 65 passanger buses all with A/C Fle!!t Size 1 Hand ica pp Bus No Ha ndicap Buses Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 532 Travel (participants) $90,600.00 $90,600.00 $200.366.00 $200.366.00 Original Budget Calculation: (110·180)+(150*180)+(150*180)+(300*28)+(300*28)+(150•4•1so)+(252.25•7) Original Budget Narratives: Transportation for participants is calculated as follow: School year: Route 1: (High school -program) 5110 x 180 days= $19,800 Route 2: (program -home) $150 x 180 days= $27,000 Route 3: (program -home) 5150 x 180 days= $27,000 Total school year: 73,800 Summer: Route 1 (rnund trip): 5300 x 28 days~= 58.400 Route 2 (round trip): 5300 x 28 days*= 58.400 Total summer: 16.800 School year daily transportation from 4 schools to program site: 5150 per bus x 4 schools x 180 days= $108,000 match from MDCPS transportation Source of Match: MDC PS transportation. Fi eld trips: estimated expense in field trip transportation is $252.25 x 7 fteldtrips = $1,765.75 Match amount: $1,765 .75 Match source: City of Hialeah-CDBG Budget Budget Amendment Narratives: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 533 Meals (participants) $0 .00 $0.00 $10.938.00 $10,938.00 Original Budget Calculation: {0.9•P40*180) +(2. 78*50*30) Original Budget Narratives: School Year: The value of daily snacks is S0.94 each for 40 participants 50.94 x 40 x 180 days = $6768 Source of Match: Flipany Summer: The average value of daily breakfast and snack is S2.7B each for 50 participants 52.78 x 50 x 30 days= $4170 Source of Match: Miami Dade County Community Action and Human Services Department Budget Amendment Narratives: 126 Children's Trust -STEP Ahead Fund Fiscal Year: 2022 Trial Bnlnncc - Account Percent Appropriated Expended Encumbered Balance Last Date 126.3120.569120 63 % 135.:!69.00 REGULAR SALARIES 135,269.00 84,974.43 0.00 50,294.57 5/20/2022 126.3120.569121 O% o.oo REGULAR SALARIES 0.00 0.00 0.00 0.00 126.3 120.569130 53% 87 . ./30.0IJ PART-TIME SALARIES 87,430.00 46.356.32 0.00 41,073.68 5/20/2022 126.3120.569131 0% 0.111/ PART-TIME SALARIES 0.00 0.00 0.00 0.00 126.3120.569140 0% n.oo OVERTIME SALARIES 0.00 0.00 0.00 0.00 126.3120.569141 0% n.oo SEPARATION PAY 0.00 0 .00 0.00 0.00 126.3 120.569210 57% 11.036.1)11 FICA TAXES 17,036.00 9.731.23 0.00 7,304.77 5/20/2022 126 .3120 .569220 O% IJ.110 EMPLOYER RET CONTRIBUTIONS -ERS 0.00 0.00 0.00 0.00 PLAN 126.3120.569225 63 % 9../69.00 EMPLOYER RET CONTRIBUTIONS -401(a) 9,469.00 5,948. I 9 0.00 3,520.81 5/2012022 PLAN 126.3120.569230 ()% 11.lill HEAL TH INSURANCE -SELF-FUNDED 0.00 0.00 0.00 0.00 PLAN 126.3 I 20.569231 65% 30.0/JIJ.IJ(} HEAL TH INSURANCE -HMO PLAN 30,000.00 19,592.75 0.00 10,407.25 3/31/2022 126.3120.569233 0% 11.1/0 HEALTH INSURANCE -OTHER PLANS 0.00 0.00 0.00 0.00 126.3120.569240 0% IJ.1)0 WORKERS' COMPENSATION 0.00 0.00 0.00 0.00 126.3120.569241 () % II.Oil DISABILITY COMPENSATION 0.00 0.00 0.00 0.00 126.3 I 20.569250 ()% o.oo UNEMPLOYMENT COMPENSATION 0.00 0.00 0.00 0.00 Total for (I) Personnel Expenses 279,204.00 279,204.00 166,602.92 0.00 112,601.08 126.3120.569310 () % 11.1/0 PROFESSIONAL SERVICES 0.00 0.00 0.00 0.00 126 .3 120.569340 60 % 90.6011.110 CONTRACTUAL SERVI CES 90 ,600.00 54, 120.00 9.020.00 2 7 ,460 .00 5/16/2022 126.3120.569341 0% o.oo CONTRACTUAL SERVICES 0.00 0 .00 0.00 0.00 126.3120.569400 () % 0.011 TRAVEL & PER DIEM 0.00 0.00 0.00 0.00 126.3120.569420 {) % IJ.00 FREIGHT & POSTAGE 0.00 0.00 0 .00 0 .00 126.3120.569467 0% (I.fl(} REPAIR & MAINT -INFRASTRUCTURE 0.00 0 .00 0 .00 0 .00 126 Children's Trust -STEP Ahead Fund Trial Balance · Expenses Printed: 5/20/2022 Page : 3 001 General Fund Account ·· Percent 001.3120.573499 42 % MISCELLANEOUS EXPENSE 001.3120.573510 OFFICE SUPPLIES 001.3120.573522 FUEL & LUBRICANTS 001.3120.573523 JANITORIAL SUPPLIES 5(J% 00 I .3120.573524 28 % PROGRAM EXPENSES -THERAPEUTICS 001.3120.573525 0% UNIFORMS & CLOTHING ALLOWANCE 001.3 120.573526 0 % OPERATING SUPPLIES -LITERACY PROGRAM 001.3120.573527 30 % OPERATING SUPPLIES -ADULT CENTERS 00 1.3 120 .5 73528 15 % OPERATIN G SU PPLI ES -AFTERCARE & CAMPS 001.3120 .573529 () % SPECIAL EVENTS -LITERACY FAIR 001.3120.573530 3 % OPERATING SUPPLIES -YLC PROGRAM 001.3120.573540 6()% PUBLICATIONS & MEMBERSHIPS Total for (2) Operating Expenses 001.3120.573620 CAPITAL OUTLAY -BUILDING 001.3120.573640 (J % CAPITAL OUTLAY -EQUIPMENT 001.3 120.573 645 CAPITAL OUTLAY -VEHICLES Total for (3) Capital Expenses Total c,.pcnscs 3120 (Fund 001) CC -Ed uca ti o n & Commnun it Total Expenses for Fund 001 Appropriated 1011.llli 100.00 15.01111.011 15,000.00 6.11011.1111 6,000.00 :!5.11110.1111 25,000.00 311.liliO.Oll 30,000.00 3.11011.1111 3,000.00 /.11011.011 1,000 .00 ./11.1100.011 40,000.00 ./0.000.00 40,000 .00 /IJ.OOIWO 10,000.00 .lfl.000.1111 40,000.00 5110.1111 500.00 419,600.IJIJ 419,600.00 II.Ill! 0.00 I 5.11011.110 15 ,000.00 fl.(}(} 0.00 IJ,01111.0IJ 15,000.00 2,4119,9.U.llO 2,489,984.00 2,489, 984.()0 ~,489,984.00 Fiscal Year: 2022 Expended 112.11 961 .59 3.017.05 3,687.32 8.462.35 0.00 0.00 12, 155.06 6,099.58 0 .00 1.399.10 300 .00 151,905. 70 0 .00 0.00 0.00 l,233,112.60 1,233,112.60 Fund Totals 001 General Fund $2,046, 149.00 $1, I 00,355.22 Revenue/Expenses Balnncc: $1,100,355.22 001 General Fund Trial Balance· Erpenses Trial Balance - Encumbered Balance Lnst Date 0 .00 57.89 4/14/2022 5,538.41 8,500.00 51I0/2022 0.00 2,982.95 5112/2022 16,312.68 5.000 .00 5/19/2022 10, 171.52 11.366.13 5117/2022 0.00 3,000.00 10/1/2021 0.00 1,000.00 10/1/2021 5.313 .70 22,53 I .24 5112/2022 11,544 .63 22 ,355.79 5/17/2022 0 .00 10,000 .00 10/1/2021 4.472.41 34.128.49 5/ I 0/2022 0.00 200.00 2/ 16/2022 69,945.94 197,748.36 0.00 0.00 0.00 15,000.00 I Oil /202 1 0.00 0.00 0.00 15,000.00 69,945.94 1,186,925.46 69,945.94 1,186,925.46 Expenses $69,945.94 $875,84 7 .84 Pri1111:d : 5/20/2022 Pagt:: 5 Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is to describe a partnership between J&M Vera School Bus Service and City of Hialeah Education & Community Services Department, hereinafter referred to as "Partners" for the purpose of providing services to the STEP Ahead after school program program funded by The Children's Trust under contract #2216-2760 It is understood by the Partners that should the proposal be funded and a grant contract is issued to City of Hialeah Education & Community Services Department by The Children's Trust, that a memorandum of understanding and scope of services will be agreed upon by J&M Vera School Bus Service and City of Hialeah Education & Community Services Department and will include the same terms as negotiated in the contract with The Children's Trust. As a contractor, and not an employee, J&M Vera School Bus Service is not covered by the City's employee workman's compensation policy for any on the job injury. It is understood that the contractor must carry their own insurance coverage for any injury sustained while under this contracted work. As a contractor for the STEP Ahead program, it is understood that compliance will be met with all of the requirements of the City of Hialeah as well as the funding agency, including, but not limited to submitting to a level-2 background check every 5 years, complying with the City's Hold Harmless Agreement, complying with the City's Good Moral Character Affidavit, maintaining requirements of the State of Florida's Department of Children and Families as regards to child-care workers, and maintaining the requirement of the State of Florida's Jessica Lunsford Act. Contractors will also need to comply with section 448.095{e) of the Florida Statutes requires all public employers, contractors and subcontractors, including The Children's Trust providers, to use the E-Verify system to establish the authorization of new employees, including all new subcontractors and professional services consultants, to work in this country. Contractors will provide on a timely basis any needed documents to meet the terms of contract ##2216-2760 between the City and the Children's Trust. It is required that as a transportation contractor, J&M Vera School Bus Service must appear on the MDCPS list of Private School Bus Service Providers that are approved to operate routes, Field Trips, and Activities for MDCPS. If The Children's Trust does not fund said proposal, or if The Children's Trust funds the proposal in a reduced amount, or changes the terms of an executed contract with the City of Hialeah, a new Memorandum of Understanding and scope of services will be negotiated between the Partners. Ania Valdes Date J&M Vera School Bus Service Authorized Signature Sharon Dziedzic, Education Supervisor I Date Education & Community Services Department Authorized Signature J&M Vera School Bus Service -Scope of Services for STEP Ahead Afterschool under contract # 2216-2760 City of Hialeah Education and Community Services Department Summer Services J&M Vera School Bus Service will provide transportation for the STEP Ahead program from June 13, 2022 through July 28, 2022. Frequency of services • Daily routes: Summer Routes Pick up at student homes drop off at ECS (2 Buses-One Way) $225/bus. Pick up at ECS drop off at student homes (2 Buses-One Way) $225/bus. See table below for break down Week of Service Days Home to Site Routes Site to Home routes needed June 13-June 16 4 2 buses@ $225.00 each 2 buses @ $225.00 each June 20-June 23 4 2 buses @ $225.00 each 2 buses @ $225.00 each June 27-June 30 4 2 buses @ $225.00 each 2 buses @ $225.00 each July 5-July 7 3 2 buses @ $225.00 each 2 buses @ $225.00 each July 11-July 14 4 2 buses @ $225.00 each 2 buses @ $225.00 each July 18-July 21 4 2 buses @ $225.00 each 2 buses @ $225.00 each July 25-July 28 4 2 buses @ $225.00 each 2 buses @ $225.00 each TOTALS 27 Extended Days off Pricing $3,600 $3,600 $3,600 $2,700 July 4 $3,600 $3,600 $3,600 $ 24,300 Unless otherwise noted, route fees are incurred by the Children's Trust STEP Ahead Grant amount not to exceed to $16,800.00 and ECS Aftercare/Summer Camps Account not to exceed $7,500.00. Total Not to exceed $24,300 Ania Valdes J&M Vera School Bus Service Authorized Signature Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date 01 General Funa l.3120.573528 15 % >PERATING SUPPLIES -AFTERCARE & ;AMPS 40,000.00 40,000.00 6,099.58 11,973.63 21,926.79 5/24/2022 ------------------------------------------------------------------------------------------------- Total for (2) Operating Expenses 40,000.00 40,000.00 6,099.58 11 ,973.63 21,926.79 Total expenses 3120 (Fund 001) 40,000.00 EC-Education & Commnunit 40,000.00 6,099.58 11,973.63 21,926.79 Total Expe~ses for Fund 001 6,~9.,9.~8 . 11,973.6~ 21;926. 79 Expenses . -. _"'!' . ~ _ ......... o1w-1..::_._ . - Fund Totals 001 General Fwid $40,000.00 $6,099.58 $11 ,973.63 $21,926.79 Revenue/Expenses Balance: $6,099.58 I ). ) I .• i ... 00 I General Fund Trial Balance -Expenses Printed: 6/1/2022 Page:2 1 l l I . l 116 Children's Trust Fund Fiscal Year: 2022 Trial Balance - ~cC(ll!lQ "1 t _en! ..... """-----f.A_iPIPPfatcf .,, 1.Y!Wed ~'1S.~frtd j . 116.3120.569340 29 % 128, 738.00 CONTRACTUAL SERVICES 128,738.00 Total for (2) Operating Expenses Total expenses 3120 (Fund 116) EC-Education & Commnunit ) ·'-To1Jl1Expenses for Fund 116 128,738.00 128.738.00 128,738.00 128,738.00 .. ' .. ~ .. ···f'.. _ .. . 1211,738.oo t ~,,,, .... ., 128,738.00 ~-~-----......_~-"---·--· - F u n d Totals 116 Children's Trust Fund $128,738.00 Revenue/Expenses Balance: 37,696.39 37.696.39 37,696.39 $37,696.39 $37,696.39 116 Children's Trust Fund Trial Balance -Expenses 51,067.50 39,974.11 5/31/2022 51.067.50 39,974.11 51.067.50 39,974.11 " . .51,067.5~ · $51,067.50 $39,974.11 Printed: 6/1/2022 Page:2 \)JJ dIJ. 1-f_d b'/ l QW u j l 3 I ?__07-L_ -BL RESOLUTION NO. --- RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF HIALEA APPROVING A SERVICE AGREEME BETWEEN THE CITY OF HIALEAH AND J&M ERA SCHOOL BUS SERVICE, INC. TO ROVIDE BUS TRANSPORTATION SERVICES R THE CITY OF HIALEAH'S EDUCATION D COMMUNITY SERVICES DEPARTMENT SUMMER CAMP PROGRAMS, FOR A TERM OMMENCING ON JUNE 13, 2022 AND ENDING JULY 28, 2022 IN AN AMOUNT NOT TO CEED $16,800.00; AND AUTHORIZING THE A YOR, OR HIS DESIGNEE, AND THE CITY CL , AS ATTESTING WITNESS, ON BEHALF OF HE CITY, TO EXECUTE THE SERVICE AGRE ENT ATTACHED HERETO IN SUBSTANTIAL ORM AND MADE A PART HEREOF AS EXHIBIT. "1 "; AND PROVIDING FOR AN EFFECTIVE ATE. WHEREAS, the City of Hialeah is ntinuously searching for new ways to support, expand and improve its educational program and services to the community; WHEREAS, the City having inv stigated the qualifications of J&M Vera, Inc. (hereafter referred to as "Contractor") to perfo all the work necessary to fully carry out the scope of services contemplated in the Serv· e Agreement, found the Contractor to be qualified and competent; WHEREAS, the City rees to enter into this Service Agreement with the Contractor, and the Contractor agrees to ace pt the engagement under the terms and conditions included in the Service Agreement attache hereto in substantial form, and made a part hereof as Exhibit "l "; and WHEREAS, t City of Hialeah finds that it is in the best interest of the health, safety and welfare of the comm ity to enter into this Service Agreement with the Contractor to provide bus transportation servi es for the City's Education and Communication Services Department summer camp and adult p grams. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL F THE CITY OF HIALEAH, FLORIDA, THAT: The foregoing facts and recitations contained in the preamble to this ution are hereby incorporated and adopted by reference as if fully set forth herein. RESOLUTION NO. ----- Page2 Section 2: The City of Hialeah, Florida hereby approves a Service Agreem t between the City of Hialeah and J&M Vera, Inc. to provide bus transportation services or the City of Hialeah's Education and Community Services Department summer camp P. ograms, for a term commencing on June 13, 2022 and ending on July 28, 2022 in an amount and authorizes the Mayor, or his designee, and the City Clerk, as a sting witness, on behalf of the City, to execute the Service Agreement attached hereto in bstantial form and made a part hereof as Exhibit "I". The City Council hereby approves, dopts and ratifies all prior actions, approvals, payments and other actions whatsoever take y the Mayor, or his designee, on behalf of the City in the performance of the Service Agree ent. Section 3: This resolution shall bee e effective when approved by majority vote of the City Council and signed by the Mayor o t the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or i the City Council overrides the Mayor's veto. Attest: PASSED AND ADOPTED Carl Zogby Council President f\pproved on this __ day of ________ , 2022. Mayor Esteban Bovo, Jr. s:\ajm\legislatu e\2 2 -re olutions\jm vera, inc. servicesagreement-bus transportation services education and community services department - june to august 2 22 -~ ahead program.docx SERVICE AGREEMENT BETWEEN J.M. VERA, INC. AND THE CITY OF HIALEAH, FLORIDA This Agreement entered into this __ day , 2022, by and b een the City of Hialeah, Florida, a municipal corporation organized and existing under and virtue of the laws of the State of Florida (11 City 11 ), 501 Palm Avenue, Hialeah, Florida 33010 nd J.M. Vera School Bus Service, Inc. ("Contractor"), a Florida corporation, having its princ· al place of business at 2597 W 70 St, Miami, FL 33016. WHEREAS, Contractor has the training, know-how, expe ence and ability and the City has relied on Contractor's representations as to its training, kno -how, experience and ability to perform the services as provided for in this Agreement; and WHEREAS, the City, having investigated the qua· 1cations of the Contractor to perform all the services necessary to fully carry out the scope of ervices herein contemplated and found the Contractor to be qualified and competent; and WHEREAS, the City agrees to enter into his Agreement with the Contractor and the Contractor agrees to accept engagement under th terms and conditions set forth herein. NOW, THEREFORE, in consideraf n of the mutual covenants and obligations herein contained, and subject to the terms and c ditions hereinafter stated, intending to be legally bound, the parties hereto agree as follows: I. TERM The Contractor agrees to pr vide services commencing on June 13, 2022 and ending on July 28, 2022 ("Term"). This ~eement will be in effect during the Term indicated above. All work, services and activities d scribed hereafter and in the Memorandum of Understanding, attached hereafter and incorp ated herein as Exhibit "A", shall be undertaken, performed and completed within the Term, d prior to the expiration of this Agreement. The City reserves the right to extend the comme ement date of the services provided. · II. SCOPE OF SERVICES The service to be provided by the Contractor, are more particularly set for in the Memorandum of derstanding attached hereafter and incorporated herein as Exhibit "A" are as follows: A.~ Contractor does hereby agree to provide bus transportation services, as requested, in accord e with all applicable state, federal and local law. Bus transportation services shall include r d-trip transportation of students and participants of the City's STEP AHEAD after school ograms ("Services"). B. Contractor and its drivers shall comply with all applicable bus safety standards, as w 1 as all licensure and insurance requirements in compliance with all applicable federal, state and local law. In addition, all school bus drivers employed by the Contractor must be duly qualified and certified to perform the Services. J.M. Vera, Inc. C. Contractor understands and agrees that any resulting contractual relationshi is non- exclusive and the City reserves the right to seek similar or identical services e ewhere if deemed in the best interest of the City. The City does not make any warranty or r resentation about the scope of services or days of services. D. Contractor must obtain prior written approval services that are not contemplated herein. III. COMPENSATION performing A. For performance of the Services required under Secf n II, the City shall pay the Contractor an amount not to exceed $16,800.00, at the rates s forth in the Memorandum of Understanding. B. The Contractor must invoice the City for the se ices actually provided. Invoices are generally paid within 30 days of receipt for services re dered and verified as accurate by the City. If the City does not pay an accurate, verified inv, ice within 30 days, the Contractor shall provide written notice and an opportunity to cure wit · n 15 days of receipt of such notice. C. The City shall not pay for any services erformed cost or expense not contemplated in this Agreement, which had not been approved b the City in writing. D. Compensation is contingent upo funding from the Children's Trust and to the extent that the City does not receive sufficient fu Cling to pay for future services not yet rendered during the term of this Agreement, the City i entitled to cancel this Agreement based on lack of or insufficient funding at no further cost r expense to City. The Contractor, its ployees, agents or representatives, shall be deemed to be independent contractors an not agents or employees of the City. The City shall have no obligation to pay or p ovide for Contractor's employees, agents, representatives, or subcontractors. Contra tor's employees, agents, representatives, or subcontractors shall not attain any right or ben 1t under the civil service or pension ordinances of the City, or any right or benefit generally fforded classified or unclassified employees of the City, such as pension benefits, servicer's ompensation, health insurance, unemployment benefits, or any other right or privilege granted o the City's officers and employees. VI. OWNERSHIP OF DOCUMENTS All documents developed by the Contractor under this Agreement shall be delivered to the City upon completion of the services required pursuant to paragraph II hereof, and shall become the property of City, without restriction or limitation of its use. City assumes the risk of reuse of all documents developed by the Contractor upon delivery after completion of services. 2 J.M. Vera, Inc. The Contractor agrees that all documents maintained and generated hereto shall be sub· applicable provisions of the Public Records Law, Chapter 119, Florida Statutes. B. It is further understood by and between the parties that any info ation, writings, tapes, maps, contract documents, reports or any other matter whatsoever w 'ch is given by the City to the Contractor pursuant to this Agreement shall at all times rema· the property of the City and shall not be used by the Contractor for any other purposes hatsoever without the written consent of the City. VII. NONDELEGABLE The Contractor acknowledges that in entering upon is Agreement, the City has relied upon the Contractor's professional background and experie ce, including any prior experience in providing these or other similar services to the City. As such, the duties and obligations undertaken by the Contractor pursuant to this Agree nt shall not be delegated or assigned to any person or entity, in whole or in part, unless the ity and Florida Department of Education shall first consent in writing to the performance or ssignment of such service or any part thereof by another person or entity. In any instance wherein the Contractor desires to effect an assignment or delegate any right or respo 1bility of performance under this Agreement, Contractor shall provide to the City all docu ents and information that the City may reasonably request to allow the City to evaluate whet r the proposed assignee or delegate has the integrity, reliability, experience and capability in respect to fully perform in good faith. Consent shall not be unreasonably withheld, and all bcontractors or assignees shall be governed by the terms and conditions of this Agreement. The Contractor warra s that it has not employed or retained any person employed by the City to solicit or secure thi ~greement and that she has not offered to pay, paid, or agreed to pay any person employed by e City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon o resulting from the award of this Agreement. · IX. CONSTRUCTION OF AGREEMENT eement shall be construed and enforced according to the laws of the State of Florida. Ven e for any litigation, which may arise in connection with this Agreement, shall be in Miami-Dad County, Florida. The Contractor agrees to be subject to the jurisdiction (subject in personam) of the courts in Miami-Dade County, Florida and amenable to process. X. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal epresentatives, successors and assigns. 3 J.M. Vera, Inc. XI. INDEMNIFICATION To the greatest extent allowed by law, Contractor releases, covenants not to sue indemnify, hold harmless and defend the City, the Mayor, the Council and each of it embers, the City's officials, whether elected or appointed, directors, employees, represent 1ves, agents and attorneys (collectively "Released Parties"), from and against any and all clai s, suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs d attorney's fees at all level of proceedings (including appellate level), and any judgmen , orders or decrees entered thereon or resulting therefrom, for any personal injury, loss of li , damage to property, or any other liability, loss, cost or expense of any kind (collectively" aims") that is caused by or results from, directly or indirectly, in whole or in part, any act, o omission, or negligence of the Contractor, the Contractor's directors, officers, employees, sulf ontractors, representatives or agents, or any other person for whose acts or omissions any oft 6m may be liable, in connection Contractor's performance under this Agreement. Contractor' obligation under this Article XI is unconditional and absolute and not subject to any set-off, d ense, deduction or counterclaim that Contractor may have against any of the City's Released P ies. Contractor covenants and agrees that it wi , at its own expense, defend any and all Claims against the Released Parties, which may e brought in connection or as a result of Contractor's exercise of any right or discharged f any obligation including Contractor's use or occupation of the Premises pursuant to this Ag ement. Contractor will satisfy, pay and discharge any and all settlement agreements, judgmen , orders or decrees that may be entered against the Released Parties in any such action or proc ding. The parties agree that the prov· ions of this Section do not benefit any third party, and are not intended to benefit any person r entity that is not a party to this Agreement. Instead, the provisions of this Section are sole for the City's benefit. I. LIMITATION OF LIABILITY The City's total li ility to the Contractor for any and all liabilities, claims, or damages arising out of or relatin to this Agreement, howsoever caused and regardless of the legal theory asserted, including b ach of contract or warranty, tort, strict liability, statutory liability or otherwise, shall no in the aggregate, exceed the amount of $73,800.00 as total maximum compensation. ent shall the City be liable to the Contractor for any punitive, exemplary, special, indirect, inc· ental, or consequential damages (including, but not limited to, lost profits, lost business o portunities, loss of use or equipment down time, and loss of or corruption of data) arisinr· t of or relating to this Agreement, regardless of the legal theory under which such dama s are sought, and even of the parties have been advised of the possibility of such damages or lo . 4 J.M. Vera, Inc. XIII. CONSENT OF PARTICIPANTS The Contractor agrees and acknowledges that participants in the program aescribed in the Scope of Services will be requested to provide consent to allowing informa 'on relating to such participation to be disseminated and released to The Children's Trust, the ding source. XIV. INSURANCE A. Contractor shall provide, pay for an maintain in fo e at all times during the term of this Agreement, such insurance, including Servicer's Comg nsation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insuran e, Business Automobile Liability Insurance, in such amounts specified in Exhibit "B". B. Such policy or policies shall be issued the United States Treasury-approved companies authorized to do business in the State of lorida, and having agents upon whom service of process may be made in the State of Flor· a. Contractor shall specifically protect the City by naming the City as additional insured der the Comprehensive General Liability Insurance Policy and shall not include an excepti or exclude claims for assault and/or battery. C. Contractor shall provide the ity with a Certificate of Insurance or copy of all insurance policies required by this section. ~Jl endorsements and certificates shall state that the City shall be given 30 days' notice prior t expiration or cancellation of the policy. xv. A. The Contractor coven ts that no person under her employ who presently exercises any functions or responsibilitie on behalf of the City in connection with this Agreement has any personal financial interests, 1rect or indirect, with the Contractor. The Contractor further covenants that, in the perfo ance of the Agreement, no person having such conflicting interest shall be employed. Any ch interest on the part of the Contractor or her employees must be disclosed in writing to t City. B. The Con actor is aware of the conflict of interest laws of the City, Hialeah Code Chapter 26, Articl and II; Code of Miami-Dade County, Florida,§ 2-11.1 et seq., and the State of Florida, Cha_g er 112, Part III, Florida Statutes and agree that it shall fully comply in all respects with t terms of such laws. XVI.NOTICE 11 notices or other communications which shall or may be given pursuant to this Agre ent shall be in writing and shall be delivered by personal service, or by registered mail ad essed to the other party at the address indicated herein or as the same may be changed from 5 J.M. Vera, Inc. time to time. Such notice shall be deemed given on the day in which it was personall served; or if by mail, on the date of actual receipt. CITY J&M VERA, INC. Sharon Dziedzic, Education Supervisor City of Hialeah Ania Valdes 2597 W 70 St Education and Community Services Dept. 7400 West 24 Avenue, 2nd Floor Hialeah, Florida 33016 Telephone: (305) 818-9143 FAX: (305) 818-9841 A. Termination without Cause: The ity retains the right to terminate this Agreement upon 30 days written notice prior to the mpletion of the service required pursuant to Section I hereof without penalty to the City. n that event, notice of termination of this Agreement shall be in writing to the Contracto who shall be paid for those services performed prior to the date of its receipt of the notice of rmination. In no case, however, will City pay the Contractor an amount in excess of the total s provided by this Agreement. B. Termination for Caus . The City may terminate this Agreement for cause, which shall include but not be limited t the following: a. comply and/or perform in accordance with this Agreement; or c. Contract 's filing of a voluntary petition in bankruptcy or reorganization, or makin any assignment for the benefit of creditors, or seeking any similar relief uncle any present or future statute, law or regulations relating to relief of debtors; or d. ntractor is adjudicated bankrupt or has any involuntary petition in bankruptcy iled against it; If Contractor causes or commits one or more of the foregoing acts or events that would give rise to termination for cause, then, after seven (7) days written notice provided to Contractor by the City within which to cease and/or correct such deficiencies, and upon failure to do so after such written notice, this Agreement is hereby revoked and canceled without the need for other or further action by City. 6 J.M. Vera, Inc. C. Effect of Termination: It is hereby understood that any payment mad to the Contractor in accordance with this section shall be made only if the Contractor is no m default under the terms of this Agreement. If the Contractor is in default, then the City shal m no way be obligated to pay and shall not pay the Contractor any sum. XVIII. PUBLIC RECORDS The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but t limited to any applicable provisions in Section 119.0701, Florida Statutes to the extent at the Contractor and this Agreement are subject to the requirements in Section 119.0701, lorida Statutes, the Contractor shall: a. Keep and maintain all records that ordinarz·ly necessarily would be required to be kept by the City in order to perform the servic s provided hereunder; b. Provide the public with access to public r ords on the same terms and conditions that the City would provide the records d at a cost that does not exceed the cost specified in Chapter 119, Florida Stat c. Ensure that public records that e exempt or confidential and exempt from public records disclosure requirements re not disclosed, except as authorized by law; and d. Comply with all requireme s for retaining public records and transfer, at no cost, to the City all records in the ossession of the Contractor at the expiration or termination of this Agreement, an destroy all public records that are confidential and exempt from public records d' closure requirements. IF THE CONTRACTO HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F ORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE P LIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE ITY CLERK, THE CITY'S DESIGNATED CUSTODIAN OF PUBLIC REC S, BY TELEPHONE AT 305-883-5816, BY EMAIL AT mrubio hiale fl. ov OR IN WRITING AT OFFICE OF THE CITY CLERK, 501 PALM VENUE, 3RD FLOOR, HIALEAH, FL 33010. N withstanding the provisions of this Agreement regarding a reasonable cure period for a breac by Contractor, any failure of Contractor to comply with a request for public records withi a reasonable time period or as otherwise required by F.S. 119.0701 is breach of this con act. The City shall exercise all remedies available at law or equity 7 J.M. Vera, Inc. XIX. NONDISCRIMINATION Contractor represents and waITants to City that Contractor does not and · 1 not engage in unlawful discriminatory practices and that there shall be no unlawful aiscrimination in connection with Contractor's performance under this Agreement on accou of race, color, sex, religion, age, handicap, disability, marital status, national origin, ance ry, familial status, or sexual orientation. Contractor further covenants that no otherwise alified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, rital status, national origin, ancestry, familial status, or sexual orientation unlawfully be excl Bed from participation in, be denied services, or be subject to discrimination under any provis' n of this Agreement. XX. COMPLIANCE WITH AGREEM T BETWEEN THE CITY AND THE CHILDREN' TRUST GRANT The Contractor agrees that as a subcontractor the City who is the recipient of funding from The Children's Trust Grant, the Contractor sh 1 comply with the applicable provisions of the grant agreement between the City and The Ch. flren's Trust Grant, including any laws, rules, regulations, policies, procedures, guidelines or d cuments incorporated or referenced in the grant agreement. OYEE BACKGROUND SCREENING A. Appropriate staffing. Th Contractor represents that all people performing the Services required under this Agree ent possess the knowledge and skills, either by training, experience, education, or a comb· ation thereof, to adequately and competently perform the duties, obligations, and services set forth in the Memorandum of Understanding attached as Exhibit "A" and to provide d perform such services to the satisfaction of the City. The Contractor further represents at all persons delivering services required by this Agreement have complied with all state and ederal requirements, including, but not limited to, Level I and Level II background screening equirements. The Contractor certifies that all such individuals are qualified and approved r providing services herein. B. Employe background screening. According to sections 984.01(2)(a), 985.01(2)(a) and 39.001, Flor· a Statutes, only employees, volunteers and subcontracted personnel with a satisfactory bac ground check through a screening agency may services in direct contact with children und the age of eighteen. Background screenings must be completed through the Florida Dep ent of Law Enforcement (FDLE), VECHS Program. However, satisfactory backgro d. screening documentation will be accepted for those agencies that already conduct busines with either the Department of Children and Families (DCF) or the Department of Juve · e Justice (DJJ) or the Miami-Dade Public School System (MDPS). In addition, an Affi avit of Good Moral Character must be completed and notarized for each employee, v unteer and subcontracted personnel upon hiring. 8 J.M. Vera, Inc. XXII. COOPERATION WITH FINANCIAL AUDIT AND REPORTIN REQUIREMENTS If The Children's Trust seeks to audit the activities of the City as the gr t recipient, the Contractor shall fully cooperate and provide all relevant financial document to facilitate such audit conducted under the Office of Management and Budget Circular A-3, Audit of States, Local Government and Non-Profit Organizations and the Florida Single udit Act. In addition, the Contractor shall fully comply with reporting requirements as dete ined by the City during the term or this Agreement. XXIIL ENTIRE AGREEMEN This Agreement and its attachments and exhibits co stitute the sole and only agreement of the parties and accurately set forth the rights, duties, an obligations of each to the other. Any prior agreements, promises, negotiations, or represe tions not expressly set forth in this Agreement are of no force and effect. No amendments to this Agreement sha be binding on either party unless in writing and signed by both parties. Nothing in this Agreement sh 1 be interpreted or construed to mean that the City waives its common law sovereign immuni or the limits of liability set forth in Section 768.28, Florida Statutes. A. Captions, title d paragraph headings are for convenient reference and are not a part of this Agreement. Sue aptions, title or paragraph headings shall not be deemed in any manner to modify, explain, enl ge or restrict any of the provisions contained in this Agreement. B. In the vent of conflict between the terms of this Agreement and any terms or conditions in any ttached document; the terms in this Agreement shall prevail. C. N waiver or breach of any provision of this Agreement shall constitute a waiver of any subseq ent breach of the same or any other provision hereof, and no waiver shall be effective less made in writing. Should any provisions, paragraph, sentence, services or phrase contained in this Agre ent be determined by a court of competent jurisdiction to be invalid, illegal or otherwise un orceable under the laws of the State of Florida or the City of Hialeah, such provisions, P, agraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall 9 J.M. Vffl>, Inc. / be deemed severable, and in either event, the remaining terms and provisions of this Agre int shall remain unmodified and in full force and effect. E. Further Assurances. All parties hereto upon the request of any othe party shall execute such further instruments or documents as may be reasonably required by e requesting party to implement the terms, conditions and provisions of this Agreement. [REST OF THIS P E LEFT BLANK INTENTIONALLY] 10 J.M. Vera, Inc. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be exe ted by the respective officials thereunto duly authorized, this the day and year first above wri Attest: Marbelys Fatjo City Clerk (SEAL) Approved as to legal sufficiency and form: Lorena Bravo, City Attorney Witness Print Name: --------+--~ STATE OF FLORIDA COUNTY OF ---+--- City of Hialeah, Florida 501 Palm A venue Hialeah, Florida 3301 -0040 Authorized signat re on behalf of City of Hialeah Date Authorized signature for J.M. Vera, Inc. Ania Valdes Director Date instrument was acknowledged before me this -~ day of , 2022 by ------J'-------' Owho is personally known to me or Owho has produced as identification. _____ _,,_ __ _ (SEAL) Notary Public Print Name My Commission Expires: _______ _ s:\ajm\contracts\j&m vera step ahead transportation\bus contract or agreement -j&m vera.docx 11 Memorandum of Understanding This Memorandum of Understanding, with the attached scope of services, is describe a partnership between J&M Vera School Bus Service and City of Hialeah Educati & Community Services Department, hereinafter referred to as "Partners" for the purpose o providing services to the STEP Ahead after school program program funded by The Children' rust under contract #2216-2760 It is understood by the Partners that should the proposal be fu ed and a grant contract is issued to City of Hialeah Education & Community Services Depa ment by The Children's Trust, that a memorandum of understanding and scope of services ill be agreed upon by J&M Vera School Bus Service and City of Hialeah Education & Comm nity Services Department and will include the same terms as negotiated in the contract with he Children's Trust. As a contractor, and not an employee, J&M Vera Sch ol Bus Service is not covered by the City's employee workman's compensation policy for any n the job injury. It is understood that the contractor must carry their own insurance cove ge for any injury sustained while under this contracted work. As a contractor for the STEP Ahead progr , it is understood that compliance will be met with all of the requirements of the City of Hi eah as well as the funding agency, including, but not limited to submitting to a level-2 ba ground check every 5 years, complying with the City's Hold Harmless Agreement, comp ing with the City's Good Moral Character Affidavit, maintaining requirements of the tate of Florida's Department of Children and Families as regards to child-care workers, a f:t maintaining the requirement of the State of Florida's Jessica Lunsford Act. Contractors wi also need to comply with section 448.095(e) of the Florida Statutes requires all public players, contractors and subcontractors, including The Children's Trust providers, to use th E-Verify system to establish the authorization of new employees, including all new subco ractors and professional services consultants, to work in this country. Contractors will provi on a timely basis any needed documents to meet the terms of contract #2216-2760 betwee the City and the Children's Trust. It is required th as a transportation contractor, J&M Vera School Bus Service must appear on of Private School Bus Service Providers that are approved to operate routes, Field Trips, d Activities for MDCPS. If The ildren's Trust does not fund said proposal, or if The Children's Trust funds the pro:o I in a reduced amount, or changes the terms of an executed contract with the City of Hial h, a new Memorandum of Understanding and scope of services will be negotiated be een the Partners. Ania Valdes Date J&M Vera School Bus Service Authorized Signature Sharon Dziedzic, Education Supervisor I Date Education & Community Services Department Authorized Signature J&M Vera School Bus Service -Scope of Services for STEP Ahead Afterschool under contract # 2216-2760 City of Hialeah Education and Community Services Department Summer Services J&M Vera School Bus Service will provide transportation for the STEP Ahead progra 13, 2022 through July 28, 2022. Frequency of services • Daily routes: Summer Routes Pick up at student homes drop off at ECS (2 Buses-One Way) $22 bus. Pick up at ECS drop off at student homes (2 Buses-One Way) $ 5/bus. See table below for break down Week of Service Days Home to Site Routes needed June 13-June 16 4 2 buses @ $225.00 each 2 buses June 20-June 23 4 2 buses @ $225.00 each 2 bus s @ $225.00 each June 27-June 30 4 2 buses @ $225.00 each 2 b ses @ $225.00 each July 5-July 7 3 2 buses @ $225.00 each July 11-July 14 4 2 buses@ $225.00 each July 18-July 21 4 2 buses @ $225.00 eac 2 buses @ $225.00 each July 25-July 28 4 2 buses @ $225.00 e h 2 buses@ $225.00 each TOTALS 27 Extended Pricing $3,600 $3,600 $3,600 $2,700 $3,600 $3,600 $3,600 $ 24,300 Days off July4 Unless otherwise noted, route fees ai: incurred by the Children's Trust STEP Ahead Grant amount not to exceed to $16,800. 0 and ECS Aftercare/Summer Camps Account not to exceed $7 ,500.00. Total Not to exceed $24,300 Ania Valdes J&M Vera School Bus Authorized Signatu Date Sharon Dziedzic, Education Supervisor I Education & Community Services Department Authorized Signature Date CITY OF HIALEAH INSURANCE CHECK LIST INSURANCE I. WORKERS' COMPENSATION AND EMPLOYEE'S LIABILITY POLICY ISSUED IN NAME OF VENDOR X__ 2. COMMERCIAL GENERAL LIABILITY PREMISES OPERATIONS INCLUDED; PRODUCTS AND COMPLETED OPERATIONS INCLUDED; INDEPENDENT CONTRACTORS (O.C.P.) INCLUDED; ELEVATORS INCLUDED; SUPERVISION EXCLUSION DELETED; PERSONAL INJURY LIABILITY INCL 3. BROAD FORM PROPERTY DAMAGE ENDORSEMENT (LIABILITY POLICIES) X__ 4. CONTRACTUAL INDEMNITY/HOLD HARMLESS ENDORSEMENT EXACT AS WRITTEN IN "INSURANCE REQ IRE- MENTS' OF SPECIFICATIONS 5. AUTOMOBILE LIABILITY OW ED NON- OWNED/HIRED AUTOMOBI S INCLUDED X 6. UMBRELLA LIABILIT LIMITS STATUTORY LIMITS OF FLORIDA $1,000,000 SI OLE LIMIT FOR BODILY INJURY A PROPERTY DAMAGE COMBIN EACH OCCURRENCE $1,000,000 SINGLE LIMIT FOR BODILY INJURY & PROPERTY DAMAGE COMBINED EACH OCCURRENCE $1,000,000 SINGLE LIMIT FOR BODILY INJURY & PROPERTY DAMAGE COMBINED EACH OCCURRENCE $1,000,000 EXCESS OF ALL PRIMARY COVERAGE 7. $1,000,000 SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE COMBINED EACH OCCURRENCE 9. Y MUST BE NAMED BY ENDORSEMENT AS ADDITIONAL INSURED ON THE INS NCE POLICY AND THE FOLLOWING MUST ALSO BE STATED ON THE CE TIFICATE. "THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY TO A LOTHER COVERAGES THE CITY POSSESSES FOR THIS CONTRACT ONLY." TEACHERS PROFESSIONAL LIABILITY $1,000,000 EACH CLAIM LIQUOR LEGAL LIABILITY $1,000,000 EACH OCCURRENCE 12. CROSS LIABILITY OR SEVERABILITY OF INTERESTS CLAUSE ENDORSEMENT CITY OF HIALEAH INSURANCE CHECK LIST INSURANCE LIMITS 13. XCU PROPERTY DAMAGE EXCLUSION DELETED AND THIS OVERAGE WILL PROVIDED BUILDERS RISK FULL C NSTRUCTION COSTS OF THE OJECT 15. OTHER INSURANCE AS INDICATED BELOW: THIRTY (30) DAYS CANCELLATION NOTIC 2LJ 7. BEST'S GUIDE RA TING A-X OR BETTER OR ITS EQUIVALENT _lL 18. THE CERTIFICATE MUST ST ATE T BID NUMBER AND TITLE 9. CYBER LIABILITY $5,000,000 EACH CLAIM 19. INFORMATION TECHNO GY $1,000,000 ERRORS AND OMMISSI NS EACH CLAIM INCLUDING CYBER L BILITY AND PRIVACY PRO ' CTION 20. $1,000,000 EACH CLAIM _21. MISSIONS/PROFESSIONAL _22. OILAGE COVERAGE LOSS OF INCOME COVERAGE. CRIME COVERAGE $1,000,000 EACH CLAIM LIMITS EQUALING REPLACEMENT COST OF VENDOR'S PROPERTY LIMITS EQUALING REPLACEMENT COST OF VENDOR'S PROPERTY LIMITS ADEQUATE TO COVER LOSS OF INCOME AND EXTRA EXPENSE FOR 12 MONTHS EMPLOYEE DISHONESTY INCLUDING FORGERY, COMPUTER FRAUD AND WIRE TRANSFER FRAUD 26. ATHLETIC FIELD USAGE COMMERCIAL GENERAL LIABILITY PREMISES OPERATIONS INCL PRODUCTS AND COMPLETED OPERATIONS INCL PERSONAL INJURY LIABILITY INCL ATHLETIC PARTICIPANY LIABILITY INCL ABUSE AND MOLESTATION COVERAGE INCL $1,000,000 SINGLE LIMIT F BODILY INJURY AND PROPERTY AMAGE COMBINED EACH OCC RENCE RESOLUTION NO. --- RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF HIALEAH AND J&M VERA SCHOOL BUS SERVICE, INC. TO PROVIDE BUS TRANSPORTATION SERVICES FOR THE CITY OF HIALEAH'S EDUCATION AND COMMUNITY SERVICES DEPARTMENT SUMMER CAMP PROGRAMS, FOR A TERM COMMENCING ON JUNE 13, 2022 AND ENDING ON JULY 28, 2022 IN AN AMOUNT NOT TO EXCEED $24,300.00; AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY, TO EXECUTE THE SERVICE AGREEMENT ATTACHED HERETO IN SUBSTANTIAL FORM AND MADE A PART HEREOF AS EXHIBIT "l "; AND PROVIDING FOR AN EFFECTIVE DA TE. WHEREAS, the City of Hialeah is continuously searching for new ways to support, expand and improve its educational programs and services to the community; WHEREAS, the City having investigated the qualifications of J&M Vera, Inc. (hereafter referred to as "Contractor") to perform all the work necessary to fully carry out the scope of services contemplated in the Service Agreement, found the Contractor to be qualified and competent; WHEREAS, the City agrees to enter into this Service Agreement with the Contractor, and the Contractor agrees to accept the engagement under the terms and conditions included in the Service Agreement attached hereto in substantial form, and made a part hereof as Exhibit "l "; and WHEREAS, the City of Hialeah finds that it is in the best interest of the health, safety and welfare of the community to enter into this Service Agreement with the Contractor to provide bus transportation services for the City's Education and Communication Services Department summer camp and adult programs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: Section 1: The foregoing facts and recitations contained in the preamble to this resolution are hereby incorporated and adopted by reference as if fully set forth herein. RESOLUTION NO. ----- Page2 Section 2: The City of Hialeah, Florida hereby approves a Service Agreement between the City of Hialeah and J&M Vera, Inc. to provide bus transportation services for the City of Hialeah's Education and Community Services Department summer camp programs, for a term commencing on June 13, 2022 and ending on July 28, 2022 in an amount not to exceed $24,300.00, and authorizes the Mayor, or his designee, and the City Clerk, as attesting witness, on behalf of the City, to execute the Service Agreement attached hereto in substantial form and made a part hereof as Exhibit "I". The City Council hereby approves, adopts and ratifies all prior actions, approvals, payments and other actions whatsoever taken by the Mayor, or his designee, on behalf of the City in the performance of the Service Agreement. Section 3: This resolution shall become effective when approved by majority vote of the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, ifthe Mayor's signature is withheld or if the City Council overrides the Mayor's veto. Attest: PASSED AND ADOPTED this day of _______ ~ 2022. Carl Zogby Council President Approved on this __ day of ________ , 2022. Mayor Esteban Bovo, Jr. s:\ajm\\egisla e\2022 -resolutions\jm vera, inc. servicesagreement-bus transportation services education and community services department - june to august 022 -step ahead program.docx SERVICE AGREEMENT BETWEEN J.M. VERA, INC. AND THE CITY OF HIALEAH, FLORIDA This Agreement entered into this , 2022, by and between the City of Hialeah, Florida, a municipal corporation organized and existing under and by virtue of the laws of the State of Florida ("City"), 501 Palm Avenue, Hialeah, Florida 33010 and J.M. Vera School Bus Service, Inc. ("Contractor"), a Florida corporation, having its principal place of business at 2597 W 70 St, Miami, FL 33016. WHEREAS, Contractor has the training, know-how, experience and ability and the City has relied on Contractor's representations as to its training, know-how, experience and ability to perform the services as provided for in this Agreement; and WHEREAS, the City, having investigated the qualifications of the Contractor to perform all the services necessary to fully carry out the scope of services herein contemplated and found the Contractor to be qualified and competent; and WHEREAS, the City agrees to enter into this Agreement with the Contractor and the Contractor agrees to accept engagement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, intending to be legally bound, the parties hereto agree as follows: I. TERM The Contractor agrees to provide services commencing on June 13, 2022 and ending on July 28, 2022 ("Term"). This Agreement will be in effect during the Term indicated above. All work, services and activities described hereafter and in the Memorandum of Understanding, attached hereafter and incorporated herein as Exhibit "A", shall be undertaken, performed and completed within the Term, and prior to the expiration of this Agreement. The City reserves the right to extend the commencement date of the services provided. II. SCOPE OF SERVICES The services to be provided by the Contractor, are more particularly set for in the Memorandum of Understanding attached hereafter and incorporated herein as Exhibit "A" are as follows: A. The Contractor does hereby agree to provide bus transportation services, as requested, in accordance with all applicable state, federal and local law. Bus transportation services shall include round-trip transportation of students and participants of the City's STEP AHEAD after school programs ("Services"). B. Contractor and its drivers shall comply with all applicable bus safety standards, as well as all licensure and insurance requirements in compliance with all applicable federal, state and local law. In addition, all school bus drivers employed by the Contractor must be duly qualified and certified to perform the Services. J.M. Vera, Inc. C. Contractor understands and agrees that any resulting contractual relationship is non- exclusive and the City reserves the right to seek similar or identical services elsewhere if deemed in the best interest of the City. The City does not make any warranty or representation about the scope of services or days of services. D. Contractor must obtain prior written approval from the City prior to performing services that are not contemplated herein. III. COMPENSATION A. For performance of the Services required under Section II, the City shall pay the Contractor an amount not to exceed $24,300.00, at the rates set forth in the Memorandum of Understanding. B. The Contractor must invoice the City for the services actually provided. Invoices are generally paid within 30 days of receipt for services rendered and verified as accurate by the City. If the City does not pay an accurate, verified invoice within 30 days, the Contractor shall provide written notice and an opportunity to cure within 15 days of receipt of such notice. C. The City shall not pay for any services performed cost or expense not contemplated in this Agreement, which had not been approved by the City in writing. D. Compensation is contingent upon funding from the Children's Trust and to the extent that the City does not receive sufficient funding to pay for future services not yet rendered during the term of this Agreement, the City is entitled to cancel this Agreement based on lack of or insufficient funding at no further cost or expense to City. V. INDEPENDENT CONTRACTOR The Contractor, its employees, agents or representatives, shall be deemed to be independent contractors and not agents or employees of the City. The City shall have no obligation to pay or provide for Contractor's employees, agents, representatives, or subcontractors. Contractor's employees, agents, representatives, or subcontractors shall not attain any right or benefit under the civil service or pension ordinances of the City, or any right or benefit generally afforded classified or unclassified employees of the City, such as pension benefits, servicer's compensation, health insurance, unemployment benefits, or any other right or privilege granted to the City's officers and employees. VI. OWNERSHIP OF DOCUMENTS A. All documents developed by the Contractor under this Agreement shall be delivered to the City upon completion of the services required pursuant to paragraph II hereof, and shall become the property of City, without restriction or limitation of its use. City assumes the risk of reuse of all documents developed by the Contractor upon delivery after completion of services. 2 J.M. Vera, Inc. The Contractor agrees that all documents maintained and generated hereto shall be subject to the applicable provisions of the Public Records Law, Chapter 119, Florida Statutes. B. It is further understood by and between the parties that any information, writings, tapes, maps, contract documents, reports or any other matter whatsoever which is given by the City to the Contractor pursuant to this Agreement shall at all times remain the property of the City and shall not be used by the Contractor for any other purposes whatsoever without the written consent of the City. VII. NONDELEGABLE The Contractor acknowledges that in entering upon this Agreement, the City has relied upon the Contractor's professional background and experience, including any prior experience in providing these or other similar services to the City. As such, the duties and obligations undertaken by the Contractor pursuant to this Agreement shall not be delegated or assigned to any person or entity, in whole or in part, unless the City and Florida Department of Education shall first consent in writing to the performance or assignment of such service or any part thereof by another person or entity. In any instance wherein the Contractor desires to effect an assignment or delegate any right or responsibility of performance under this Agreement, Contractor shall provide to the City all documents and information that the City may reasonably request to allow the City to evaluate whether the proposed assignee or delegate has the integrity, reliability, experience and capability in all respect to fully perform in good faith. Consent shall not be unreasonably withheld, and all subcontractors or assignees shall be governed by the terms and conditions of this Agreement. VIII. AW ARD OF AGREEMENT The Contractor warrants that it has not employed or retained any person employed by the City to solicit or secure this Agreement and that she has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. IX. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue for any litigation, which may arise in connection with this Agreement, shall be in Miami-Dade County, Florida. The Contractor agrees to be subject to the jurisdiction (subject matter and in personam) of the courts in Miami-Dade County, Florida and amenable to process. X. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 3 J.M. Vera, Inc. XI. INDEMNIFICATION To the greatest extent allowed by law, Contractor releases, covenants not to sue and shall indemnify, hold harmless and defend the City, the Mayor, the Council and each of its members, the City's officials, whether elected or appointed, directors, employees, representatives, agents and attorneys (collectively "Released Parties"), from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs and attorney's fees at all level of proceedings (including appellate level), and any judgments, orders or decrees entered thereon or resulting therefrom, for any personal injury, loss of life, damage to property, or any other liability, loss, cost or expense of any kind (collectively "Claims") that is caused by or results from, directly or indirectly, in whole or in part, any act, or omission, or negligence of the Contractor, the Contractor's directors, officers, employees, subcontractors, representatives or agents, or any other person for whose acts or omissions any of them may be liable, in connection Contractor's performance under this Agreement. Contractor's obligation under this Article XI is unconditional and absolute and not subject to any set-off, defense, deduction or counterclaim that Contractor may have against any of the City's Released Parties. Contractor covenants and agrees that it will, at its own expense, defend any and all Claims against the Released Parties, which may be brought in connection or as a result of Contractor's exercise of any right or discharged of any obligation including Contractor's use or occupation of the Premises pursuant to this Agreement. Contractor will satisfy, pay and discharge any and all settlement agreements, judgments, orders or decrees that may be entered against the Released Parties in any such action or proceeding. The parties agree that the provisions of this Section do not benefit any third party, and are not intended to benefit any person or entity that is not a party to this Agreement. Instead, the provisions of this Section are solely for the City's benefit. XII. LIMITATION OF LIABILITY The City's total liability to the Contractor for any and all liabilities, claims, or damages arising out of or relating to this Agreement, howsoever caused and regardless of the legal theory asserted, including breach of contract or warranty, tort, strict liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of $73,800.00 as total maximum compensation. In no event shall the City be liable to the Contractor for any punitive, exemplary, special, indirect, incidental, or consequential damages (including, but not limited to, lost profits, lost business opportunities, loss of use or equipment down time, and loss of or corruption of data) arising out of or relating to this Agreement, regardless of the legal theory under which such damages are sought, and even of the parties have been advised of the possibility of such damages or loss. 4 J.M. Vera, Inc. XIII. CONSENT OF PARTICIPANTS The Contractor agrees and acknowledges that participants in the programs described in the Scope of Services will be requested to provide consent to allowing information relating to such participation to be disseminated and released to The Children's Trust, the funding source. XIV. INSURANCE A Contractor shall provide, pay for an maintain in force at all times during the term of this Agreement, such insurance, including Servicer's Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance, in such amounts specified in Exhibit "B". B. Such policy or policies shall be issued by the United States Treasury-approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. Contractor shall specifically protect the City by naming the City as additional insured under the Comprehensive General Liability Insurance Policy and shall not include an exception or exclude claims for assault and/or battery. C. Contractor shall provide the City with a Certificate of Insurance or copy of all insurance policies required by this section. All endorsements and certificates shall state that the City shall be given 30 days' notice prior to expiration or cancellation of the policy. XV. CONFLICT OF INTEREST A. The Contractor covenants that no person under her employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal financial interests, direct or indirect, with the Contractor. The Contractor further covenants that, in the performance of the Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of the Contractor or her employees must be disclosed in writing to the City. B. The Contractor is aware of the conflict of interest laws of the City, Hialeah Code Chapter 26, Article I and II; Code of Miami-Dade County, Florida,§ 2-11.1 et seq., and the State of Florida, Chapter 112, Part III, Florida Statutes and agree that it shall fully comply in all respects with the terms of such laws. XVI.NOTICE All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from 5 J.M. Vera, Inc. time to time. Such notice shall be deemed given on the day in which it was personally served; or if by mail, on the date of actual receipt. CITY J&M VERA, INC. Sharon Dziedzic, Education Supervisor City of Hialeah Ania Valdes 2597 W 70 St Education and Community Services Dept. 7400 West 24 Avenue, 2nct Floor Hialeah, Florida 33016 Telephone: (305) 818-9143 FAX: (305) 818-9841 Hialeah, Florida 33016 XVII. TERMINATION A. Termination without Cause: The City retains the right to terminate this Agreement upon 30 days written notice prior to the completion of the service required pursuant to Section I hereof without penalty to the City. In that event, notice of termination of this Agreement shall be in writing to the Contractor who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will City pay the Contractor an amount in excess of the total sum provided by this Agreement. B. Termination for Cause: The City may terminate this Agreement for cause, which shall include but not be limited to the following: a. Contractor's failure to comply and/or perform in accordance with this Agreement; or b. Contractor's performance of this Agreement, for any reason, is rendered impossible or not feasible; or c. Contractor's filing of a voluntary petition in bankruptcy or reorganization, or making any assignment for the benefit of creditors, or seeking any similar relief under any present or future statute, law or regulations relating to relief of debtors; or d. Contractor is adjudicated bankrupt or has any involuntary petition in bankruptcy filed against it; e. If Contractor causes or commits one or more of the foregoing acts or events that would give rise to termination for cause, then, after seven (7) days written notice provided to Contractor by the City within which to cease and/or correct such deficiencies, and upon failure to do so after such written notice, this Agreement is hereby revoked and canceled without the need for other or further action by City. 6 J.M. Vera, Inc. C. Effect of Termination: It is hereby understood that any payment made to the Contractor in accordance with this section shall be made only if the Contractor is not in default under the terms of this Agreement. If the Contractor is in default, then the City shall in no way be obligated to pay and shall not pay the Contractor any sum. XVIII. PUBLIC RECORDS The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes to the extent that the Contractor and this Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall: a. Keep and maintain all records that ordinarily and necessarily would be required to be kept by the City in order to perform the services provided hereunder; b. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost specified in Chapter 119, Florida Statutes, or other laws; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and d. Comply with all requirements for retaining public records and transfer, at no cost, to the City all records in the possession of the Contractor at the expiration or termination of this Agreement, and destroy all public records that are confidential and exempt from public records disclosure requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, THE CITY'S DESIGNATED CUSTODIAN OF PUBLIC RECORDS, BY TELEPHONE AT 305-883-5816, BY EMAIL AT mrubio@hialeahfl.gov OR IN WRITING AT OFFICE OF THE CITY CLERK, 501 PALM AVENUE, 3RD FLOOR, HIALEAH, FL 33010. Notwithstanding the provisions of this Agreement regarding a reasonable cure period for a breach by Contractor, any failure of Contractor to comply with a request for public records within a reasonable time period or as otherwise required by F.S. 119.0701 is breach of this contract. The City shall exercise all remedies available at law or equity 7 J.M. Vera, Inc. XIX. NONDISCRIMINATION Contractor represents and warrants to City that Contractor does not and will not engage in unlawful discriminatory practices and that there shall be no unlawful discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, disability, marital status, national origin, ancestry, familial status, or sexual orientation. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status, national origin, ancestry, familial status, or sexual orientation unlawfully be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. XX. COMPLIANCE WITH AGREEMENT BETWEEN THE CITY AND THE CHILDREN'S TRUST GRANT The Contractor agrees that as a subcontractor of the City who is the recipient of funding from The Children's Trust Grant, the Contractor shall comply with the applicable provisions of the grant agreement between the City and The Children's Trust Grant, including any laws, rules, regulations, policies, procedures, guidelines or documents incorporated or referenced in the grant agreement. XXI. STAFFING AND EMPLOYEE BACKGROUND SCREENING A. Appropriate staffing. The Contractor represents that all people performing the Services required under this Agreement possess the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Memorandum of Understanding attached as Exhibit "A" and to provide and perform such services to the satisfaction of the City. The Contractor further represents that all persons delivering services required by this Agreement have complied with all state and federal requirements, including, but not limited to, Level I and Level II background screening requirements. The Contractor certifies that all such individuals are qualified and approved for providing services herein. B. Employee background screening. According to sections 984.01(2)(a), 985.01(2)(a) and 39.001, Florida Statutes, only employees, volunteers and subcontracted personnel with a satisfactory background check through a screening agency may services in direct contact with children under the age of eighteen. Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS Program. However, satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami-Dade Public School System (MDPS). In addition, an Affidavit of Good Moral Character must be completed and notarized for each employee, volunteer and subcontracted personnel upon hiring. 8 J.M. Vera, Inc. XXII. COOPERATION WITH FINANCIAL AUDIT AND REPORTING REQUIREMENTS If The Children's Trust seeks to audit the activities of the City as the grant recipient, the Contractor shall fully cooperate and provide all relevant financial documents to facilitate such audit conducted under the Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act. In addition, the Contractor shall fully comply with reporting requirements as determined by the City during the term or this Agreement. XXIII. ENTIRE AGREEMENT This Agreement and its attachments and exhibits constitute the sole and only agreement of the parties and accurately set forth the rights, duties, and obligations of each to the other. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. XXIV. AMENDMENT No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XXV. SOVEREIGN IMMUNITY Nothing in this Agreement shall be interpreted or construed to mean that the City waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes. XXVI. MISCELLANEOUS A. Captions, title and paragraph headings are for convenient reference and are not a part of this Agreement. Such captions, title or paragraph headings shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions contained in this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions in any attached document; the terms in this Agreement shall prevail. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provisions, paragraph, sentence, services or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Hialeah, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall 9 J.M. Vera, Inc. be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. E. Further Assurances. All parties hereto upon the request of any other party shall execute such further instruments or documents as may be reasonably required by the requesting party to implement the terms, conditions and provisions of this Agreement. [REST OF THIS PAGE LEFT BLANK INTENTIONALLY] 10 J.M. Vera, Inc. IN WI1NESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Attest: Marbelys Fatjo City Clerk (SEAL) Approved as to legal sufficiency and form: Lorena Bravo, City Attorney Witness Print Name: --------~ STATE OF FLORIDA COUNTY OF ----- City of Hialeah, Florida 501 Palm Avenue Hialeah, Florida 33010-0040 Authorized signature on behalf of City of Hialeah Mayor Esteban Bovo, Jr. Date Authorized signature for J.M. Vera, Inc. Ania Valdes Director Date The foregoing instrument was acknowledged before me this __ day of , 2022 by , Owho is personally known to me or Owho has produced as identification. --------~ (SEAL) Notary Public Print Name My Commission Expires: ______ _ s:\ajm\contracts\j&m vera -step ahead transportation\bus contract or agreement -j&m vera.docx II Fatjo, Marbelys From: Dziedzic, Sharon Sent: To: Monday, June 13, 2022 8:06 AM Fatjo, Marbelys; Leal, Brigette Cc: Bravo, Lorena; Millares, Daisy; Oliva, Yumai Subject: RE: Agenda -City Council Meeting of June 14, 2022 Good Morning Marbelys and Brigette, Hope you are well. I was reviewing my items for the agenda and I see that Item Lis missing the full total that was stated on the Letter and in the MOU/SCOPE of $24,300. • $16,800-Will be though the STEP Ahead Children's Trust grant • $7,500-Will be though the ECS general fund. I have also inlcuded LAW because the Reso is incorrect as well. They will need to update with the full amount on the MOU/SCOPE and letter. Please call me if you have any questions. Sharon Dziedzic Education Supervisor I City of Hialeah Education and Community Services Department 7400 W. 24th Avenue, 2nd Floor Hialeah, Fl 33016 Ph: (305) 818-9143 Email: sdziedzic@hialeahfl.gov From: Fatjo, Marbelys <MRubio@hialeahfl.gov> Sent: Friday, June 10, 2022 4:26 PM Subject: Agenda -City Council Meeting of June 14, 2022 Good afternoon. Attached hereto please find the agenda for the City Council Meeting of June 14, 2022. Thank you, City Clerk Office of the City Clerk 1 City of Hialeah 501 Palm Avenue, 3rd Floor Hialeah, Florida 33010 (305) 883-5820 2