Res No 127-10-13161RESOLUTION NO.: 127-10-13161
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the Acting City Manager to execute a contract
agreement with Miami -Dade County's Safe Neighborhood Parks Bond
Program for the Murray Park Pool and Dison Park Improvernerift in the
amount of $260,050.00 $220,050.00; and providing for an effective date.
Whereas, the City of South Miami submitted a grant application to the Miami -Dade County's Safe
Neighborhood Parks Bond Program for Murray Park Pool and Dison Park Improvements; and
Whereas, Miami -Dade County's Safe Neighborhood Park Bond Program is awarding a grant to the City of
South Miami for the Murray Park Pool ($220,050.00)
$280,050.0 ;and
Whereas, The grant requires a 1:1 match, which shall come from Community Development Block grant
funding for the Murray Park Pool Construction and from r^ D, i.^ Budget for the Pisan Pad
Pisan
Improvements; and
Whereas, the Mayor and City Commission wish to accept the grant from Miami -Dade County's Safe
Neighborhood Parks Bond Program for Murray Park Pool ana tea- vemems in the amount of
$240,050-00 $220,050.00.
Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami,
Florida that:
Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the
contract agreement with Miami -Dade County's Safe Neighborhood Parks Bond Program for the Murray Park Pool
and the Dison n.,-k improvement in the amount of $280;050.50 $220,050.00.
Section 2: This resolution shall be effective immediately.
Passed and Adopted this 8°i day of June, 2010.
Attest:
ity Cle k'��
Read and approved as to form
and sufficie y:
I V1��, e� ,
Approved:
Mayot
Commission Vote: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
South Miami
;IAmeNeaC
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 20 °'
To: The Honorable Mayor & Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Manager (yA)
From: Fritz Armand, Public Works Dire
Alfredo Riverol, Finance Direct0
Carol M. Aubrun, Grants Writer /A 9 istrator
Date: June 8, 2010 Agenda Item No.:
Subject: A Resolution of the Mayor and City Commission of the
City of South Miami, Florida, authorizing the Acting City Manager to
execute a contract agreement with Miami -Dade County's Safe
Neighborhood Parks Bond Program for the Murray Park Pool and
Dison Park Improvements in the amount of $280,050.00; and
providing for an effective date.
Background: The City of South Miami submitted grant applications to Miami -Dade
County's Safe Neighborhood Parks Bond Program for Murray Park Pool
(pool construction) and Dison Park Improvements (walking trail, picnic
facility, and landscaping). As part of the application process, a 1:1 match
commitment was required for each application. Under two (2) resolutions,
the City committed matching funds: 1) Resolution No. 195 -09 -13004
(Murray Park Pool- $220,050.00); and 2) Resolution No. 194 -09 -13003
(Dison - $60,000.00).
Through previous grant funding, the City has more than the required
match amount for the Murray Park Pool Construction through the
Community Development Block Grants (CDBG). However, the City has
not been awarded any grant match funds for the Dison Park
Improvements, as previously anticipated. Therefore, the Public Works
Department will include the required match as part of their budget request
for the upcoming fiscal year, which will allow the projects to be completed
by December 2010. The resolution will allow the acting City Manager to
execute the contract for both projects with Miami -Dade County's Safe
Neighborhood Parks Bond Program in the amount of $280,050.00.
Cost: N/A
Funding Source: N/A
Backup Documentation:
❑ Proposed Resolution
❑ Contract with Budget Exhibits 1 and 2
❑ Previous Resolutions, SNP Administrative Rules
SAFE NEIGHBORHOOD PARKS BOND PROGRAM
2009 DISCRETIONARY INTEREST AND PRE -LAND ACQUISITION FUNDS
AGREEMENT
This Agreement, ( "Agreement ") by and between Miami -Dade County, a political
subdivision of the State of Florida ( "County ") through its Office of Capital Improvements
(Safe Neighborhood Parks Bond Program) ( "Office "), located at 111 N.W. 1 Street,
Suite 2130, Miami, Florida 33128, and the City of South Miami ( "Grantee ") having
offices at 6130 Sunset Drive South Miami Florida 33143, states conditions and
covenants for the rendering Safe Neig borho d Parks Bond Project(s) for the County
is entered into this day of 2010.
WHEREAS, the citizens of Miami- e C unty have authorized the issuance of
general obligation bonds for the purpose of financing capital improvement programs for
certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami -Dade
County, Florida enacted Ordinance No. 96 -115, the Safe Neighborhood Parks
Ordinance; and
WHEREAS, it is necessary and desirable to improve the quality of life, to
preserve property values, to promote prevention of juvenile crime by providing positive
recreation opportunities, and to improve the recreation facilities for youth, adult, and
senior citizens in this community through the improvement of our parks and natural
areas; and
WHEREAS, in order to foster those important values, the project(s) listed herein
have been identified for reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICE AND BUDGET SUMMARY. The Grantee agrees to
render services in accordance with the Project Grant Summary statement incorporated,
and that all expenditures or costs shall be made in accordance with the Budget(s) which
is incorporated and attached as Exhibit(s). (See Section XVII .H.).
ll. ADMINISTRATIVE RULES AND BOND ORDINANCE. The Grantee agrees to
abide by and be governed by the Administrative Rules for Specified Project Grants, Per
Capita Allocation Grants, Challenge Grants, and Interest Earnings and the Bond
Ordinance, copies of which have been provided to the Grantee by the Office and are
herein incorporated by reference. Without limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 and Rules, 913);
Breach of Agreement (Rules, 9B(6) and 10F); Termination (Rules, 10F); Prohibited Use
of Funds (Rules, 9D4); Required Documentation (Rules, 10D and 11); Operating Funds
(Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, 9B(15)
and (16)); and Audits (Ord., Sec. 13 and Rules, 10A).
III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement
shall be from December 1. 2009 to December 2, 2010. Failure by the Grantee to
1 of 16
complete the project by the aforementioned date shall be cause for the County to
terminate this Agreement. There will be no extensions to the Agreement pursuant to
RFP SNP0809.
IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered
under this Agreement shall not exceed $220,050 unless otherwise amended. The
Grantee agrees to post a match which will be subject to verification by the County at the
time of payment reimbursement. Expenditure match must be verified at the time of the
independent audit (Ord., Sec. 13 and Rules, 9 B (13)). Grantee agrees to provide
matching funds for the project(s) in the amount of $220,050.
V. FUNDING COMMITMENT. In the event that the project(s) requires further
funding, the Board of County Commissioners. of Miami -Dade County, Florida, with no
representation that funds will be forthcoming, conditions funding for subsequent years
upon appropriation.
VI. FUNDING REGULATIONS.
A. Establishment of residency requirements, imposition of non - resident fees,
or failure of the Grantee to comply with any other conditions established
by the Safe Neighborhood Parks Citizens' Oversight Committee
( "Oversight Committee ") shall be cause for the County to terminate this
Agreement unless an exception is granted by the Oversight Committee.
B. Failure by Grantee to produce the dollar for dollar cash match, unless
waived by the Safe Neighborhood Parks Citizens' Oversight Committee at
their August 18, 2009 meeting, as originally pledged to the projects(s) by
the Grantee shall result in a reduction in bond funds awarded under this
Agreement, equal to the cash match shortfall, or termination of the
Agreement by the County, at the option of the Oversight Committee.
VII. CONDITIONS OF AWARD.
A. Completed facility construction will have a permanent plaque, approved by
the Oversight Committee, as to material, form, and content, affixed to the
facility noting funding through the Safe Neighborhood Parks Bond
Program.
B. All construction funded with Safe Neighborhood Parks bond proceeds will
comply with the current Florida Building Code specifications for such
facilities.
C. Land acquired and /or facility development or improvement funded by this
Agreement must be vested with a public agency.
(a) The Grantee agrees:
(1) To maintain and operate in perpetuity the property acquired,
developed, improved, rehabilitated or restored with the funds, except
where leases are in effect, and in the event of leases for a period of 25
2of16
years. The Grantee or its successors in interest in the property may
transfer the responsibility to maintain and operate the property to another
public agency or another not - for - profit organization in accordance with the
SNP Ordinance and Administrative Rules. The Grantee must provide
adequate programming for any new facilities constructed with proceeds of
the bonds.
(2) To use the property only for the purposes state herein and to make
no other use, sale, or disposition of the property, except as provided in
Section 25B - 25(b).
(3) Any beach, park or the public facility acquired, developed,
rehabilitated or restored with funds from this act shall be open and
accessible to the public without discrimination as to race, color, gender,
age, religious belief, residence, national origin, marital status, or disability.
(4) In order to maintain the exclusion from gross income for federal
income tax purposes of the interest of any bonds, notes or other
evidences of indebtedness issue for the purposes of this article, to comply
with each applicable requirement of Section 103 and Sections 141 through
150 of the Internal Revenue Code of 1986, as amended.
VIII. INDEMNIFICATION BY GRANTEE. The City of South Miami shall indemnify and
hold harmless the County and its officers, employees, agents, and instrumentalities
from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of action, or proceedings of any kind
or nature arising out of, relating to or resulting from the performance of this Agreement
by the City of South Miami or its employees, agents, servants, partners, principals or
subcontractors. The City of South Miami shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and attorney's fees which may issue thereon. The
City of South Miami expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the City of South Miami shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the
County or its officers, employees, agents and instrumentalities as herein provided. The
parties hereto acknowledge that the Indemnification in this Article shall at all times be
subject to the limitations of Section 768.28, Florida Statutes.
IX. INSURANCE. If the Grantee is the State of Florida or an agency or political
subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee
shall furnish the County, upon request, written verification of liability protection in
accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to
extend any party's liability beyond that provided in Section 768.28, Florida Statutes.
X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter 11A, Article IV of the
Code of Miami -Dade County ( "County Code "), as amended, which prohibits
discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended,
3of16
which prohibits discrimination in employment and public accommodation; the Age
Discrimination in Employment Act, 29 U.S.C., Section 621 et seq., as amended, which
prohibits discrimination in employment because of age; Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits
discrimination on the basis of disability; and the Americans with Disabilities Act, 42
U.S.C., Section 12103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the County shall have the right to terminate this Agreement. It is further
understood that the Grantee must submit an affidavit attesting that it is not in violation of
the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49
U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the
Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee,
is found by the responsible enforcement agency, the Courts or the County to be in
violation of these Acts, the County will conduct no further business with the Grantee.
Any agreement entered into based upon a false affidavit shall be voidable by the
County. If the Grantee violates any of the Acts during the term of any agreement the
Grantee has with the County, such agreement shall be voidable by the County, even if
the Grantee was not in violation at the time it submitted its affidavit.
XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by
Miami -Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at
Section 2 -11.1 of the Code of Miami -Dade County), as amended, which is incorporated
herein by reference as if fully set forth herein, in connection with its contract obligations
hereunder.
XIII. OFFICE OF THE MIAMI -DADE INSPECTOR GENERAL. Pursuant to Ordinance
No. 97 -215, the Office of the Miami -Dade County Inspector General (IG) shall have the
authority and power to review past, present and proposed County programs, accounts,
records, contracts and transactions. The IG shall have the power to report and /or
recommend to the Board of County Commissioners whether a particular project,
program, agreement or transaction is or was necessary and, if deemed necessary,
whether the method used for implementing the project or program is or was efficient
both financially and operationally. Monitoring of an existing project or program may
include reporting whether the project is on time, within budget and in conformity with
plans, specifications, and applicable law. The IG shall have the power to analyze the
need for, and reasonableness of, proposed change orders.
Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all
requested records and documents available to the IG for inspection and copying.
The IG shall have the power to retain and coordinate the services of an IPSIG who may
be engaged to perform said mandatory random audits, as well as audit, investigate,
monitor, oversee, inspect and review the operations, activities and performance and
procurement process including but not limited to project design, establishment of bid
specifications; bid submittals, activities, of Grantee, its officers, agents and employees,
lobbyists, County staff and elected officials in order to ensure compliance with
agreement specifications and detect corruption and fraud. This mandatory random
audit is separate and distinct from any other audit by the County of any audit performed
4of16
under Section XI. "Independent Private - Sector Inspector General ".
The provisions in this Section shall apply to the Grantee, its officers, agents and
employees. The Grantee shall incorporate the provisions in this Section in all
subcontracts and all other agreements executed by Grantee in connection with the
performance of the Agreement.
Nothing in this Agreement shall impair any independent right of the County to conduct
audit or investigate activities. The provisions of this Section are not intended nor shall
they be construed to impose any liability on the County by Grantee or third parties.
XIV. NOTICES. It is understood and agreed between the parties that written notice
addressed to the Office and mailed (certified /return receipt) or delivered to the address
appearing on page one (1) of this Agreement and written notice addressed to the
Grantee and mailed (certified /return receipt) or delivered to the address appearing on
page one (1) of this Agreement shall constitute sufficient notice to either party.
XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy
of and stipulates or implies no affiliation between the contracting parties. It is expressly
understood and intended that the Grantee is only a recipient of funding support and is
not an agent or instrumentality of the County. Furthermore, the Grantee's agents and
employees are not agents or employees of the County.
XVI. TERMINATION. If the Grantee shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or shall violate any of the covenants, agreements,
stipulations, representations or warranties herein, the County shall have the right to
terminate this Agreement by giving at least ten (10) days prior written notice to the
Grantee (Rules, 10F).
XVII. MISCELLANEOUS.
A. Applicable Law. Means any applicable law (including, without limitation,
any environmental law), enactment, statute, code, ordinance,
administrative order charter, tariff, resolution, order, rule, regulation,
guideline, judgment, decree, writ, injunction, franchise, permit, certificate,
license, authorization, or other direction or requirement of any
governmental authority, political subdivision, or any division or department
thereof, now existing or hereinafter enacted, adopted, promulgated,
entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and
"applicable laws" shall expressly include, without limitation, all applicable
zoning, land use, DRI and Florida Building Code requirements and
regulations, all applicable impact fee requirements, all requirements of
Florida Statutes, specifically including, but not limited to, Section 255.05
related to payment and performance bonds, Section 255.20 related to
contractor selection and Section 287.055 related to competitive selection
of architects and engineers, all requirements of Chapters 119 and 286 of
the Florida Statutes, Section 2 -11.15 of the Code (Art in Public Places),
and all other applicable requirements contained in this Agreement.
B. Publicity. It is understood and agreed between the parties hereto that this
5of16
Grantee is funded by Miami =Dade County. Further, by the acceptance of
these funds, the Grantee agrees that events funded by this Agreement
shall recognize and adequately reference the County as a funding source.
The Grantee shall ensure that all publicity, public relations, advertisements
and signs recognizes and references the County for the support of all
contracted activities. This is to include, but is not limited to, all posted
signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers,
brochures, news releases, media packages, promotions, and stationery.
The use of the official County logo is permissible for the publicity purposes
stated herein. Grantee shall submit sample of mock up of such publicity
or materials to the County for review and approval. The Grantee shall
ensure that all media representatives, when inquiring about the activities
funded by the Agreement, are informed that the County is its funding
source.
C. Modifications. Any alterations, variations, modifications, or waivers of
provisions of this Agreement including but not limited to amount payable
and effective term shall only be valid when they have been reduced to
writing, duly approved and signed by both parties and attached to the
original of this Agreement. The County Manager, upon concurrence of the
Safe Neighborhood Parks Oversight Committee shall have the authority
to modify or amend this Agreement.
D. Counterpart. This Agreement is signed in 3 counterparts, and each
counterpart shall constitute an original of this Agreement.
E. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Agreement. Wherever used herein,
the singular shall include the plural and the plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as
the context requires.
F. Agreement Contact. The County's representative for this Agreement is
Veronica Rubert, Office of Capital Improvements. The Grantee's
representative for this agreement isQavG1Rvlpmn,G;,; +'cskpk(Name and
Title).
G. Fringe Benefits. In the event that a percentage of actual salary will be
utilized as the method to claim eligible fringe benefit costs pursuant to
Section 9 (D) (2) (c) of the Rules, such percentage shall not exceed _ %.
This percentage shall be demonstrated to the reasonable satisfaction of
the County. Documentation in support of this percentage shall be
submitted to the Office for approval contemporaneously with the
execution of this Agreement.
H. Subcontracts. Any subcontracts written under the provisions of the
Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written
approval of the County, which shall be granted or denied in the sole
discretion of the County.
6of16
Totality of Agreement / Severability of Provisions. This 16 page
Agreement with its recitals on the first page of the Agreement and with its
attachments as referenced below contain all the terms and conditions
agreed upon by the parties:
Attachments 1 and 2: Miami -Dade County Affidavits
Exhibit(s) 1: Approved Project(s) and Budget(s)
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or bind any of the parties hereto. If any provision of this
Agreement is held invalid or void, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
IN WITNESS THEREOF, the parties through their duly authorized
pres ntatives hereby execute this AGREEMENT with an effective date of
2010.
City of Mi ao'; Florida
By: A_Il w 23 Ja- , )V
City Manager Date
For the Board of Commissioners,
City of Soya +ti MiaM , Florida
Maria M. MenendgCLERK
Attest:
B� t b
Clerk Dat
ou Mays
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
7of16
Approved by County Attorney as
to form and legal sufficiency.
Stephen P. Clark Center
111 N.W. 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
/Y �v
:.
o@
7 1 >l(a
Lsy4 SIW1lDIk . _1
MIAMI -DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; . MIAMI -DADE CRIMINAL RECORD AFFIDAVIT -
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI -DARE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any politicatsubdivision or agency thereof, itshall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract and initial to the left of the statement, if applicable; or "N /A" if not
applicable; and/or provide the information requested.
I, Za7tx bvc� f�i. "Ra" C/r/ W,# being first duly sworn state:
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
(pOo 0 431
none,
"N or Souk► Hl,a m 1
s, or Corpo
Doing Business As (if same as above, leave blank)
Street Address City State Zip Code
4L MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (See. 2 -8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a
Partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shalt not pertain to contracts with publicly traded:
corporations or to contracts with the United States or any department or agency thereof, the State of
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
Full Legal Name Address Ownership
2. The full legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
p I gresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
H. MIAMI -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or, business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The for
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes _ No
2. Does your firm provide paid health care benefits for its employees?
Yes - No
3. Provide a current breakdown (number of persons) of your firm's
work force and ownership as to race, national origin and gender:
White:
Black:
Hispanics:
!q males '7 Females Asian: _Males Females
4_ Males aZt Females American Indian: _ Males i Females
Sty . Males -2q- Females Aleut (Eskimo): .Males Females
—Males _ Females: _ Males _ Females
HjAHL AFFIRMATIVE ACTION/NONDISCRI INATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1:5 of the County Code.)
In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have:, i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion.practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring' the entity does not discrimutate in its employment promotion and procurement piactices.
The. foregoing notwithstanding, corporate entities whose .boards of directors are representative of the
population make -up of the nation shall be presumed to have non - discriminatory employment and
procurement policies, and shall notbe.required to have written affllmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
Of County Commissioners by majority vote of the members present.
AA The firm does not have annual gross revenues in excess of $5,000,000.
hW The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is
representative of the population make -up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami,
Florida 33128.
W The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. I' Avenue, 28th Floor, Miami, Florida
33128;
_IJJR The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
`F IV. MIAMI -DARE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County _ has _ C�
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County _ has -.X -- has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
A V. MIAMI -DADS EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above
named person or entity is providing a drug -free workplace. A written statement to each employee
shall inform the employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug -free environment at all workplaces
3, availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of.the County or for the
health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding .
which is provided in whole or in part by the United States or the State of Florida shalibe exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
11 of 16
)L—VL MIAMI -DARE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142 -91 codified as Section I 1 A -29 et, seq of the County Code)
That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
X V1I. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans: with Disabilities Act of 1990 (ADA), Pub. L. 101- 336, 104 $tat 327, 42 U.S.C.
12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment, Title H, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S,C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601 - 363.1. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
,VIII. MIAMI -DADS COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2- 8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes -- including but not limited to real and
Property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
&D:- CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
ON. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99)
Any firm that has a contract with the County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may
request waiver from the requirements of R- 702 -98 and R- 358 -99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
x Xl. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At l IA -60 Et. Seq. of the
Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99 -5, codified at IIA -60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami -
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and
have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits
that do not pertain to this contract.
By_ /I . 7? (,d r v
(Signature of Affiant)
Z7 JU.+ i o
(Date)
�p
SUBSCRIBED AND SWORN TO (or affirmed) before me this 1 day of
200�v by
He/She is personally
known to me or has presented as identification.
(Type of Identification).
(r eofNotary)
(Print or Stamp
Notary Public — Stamp State of t�V1
(State)
°= (Serial Number)
NKENGA R. PAYNE
MY COMMISSION # DD 714025
EXPIRES: October 5, 2011
Boodad Thor Notary Pobro Undoiwtlters
Date)
Notary Seal
ATTACHMENT 2
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
This sworn statement is submitted to Miami -Dade County
1� l b DtA yck ISO-' -/ W � 0, V yPE
(print individual's name and title)
� �
for it/ 0-r tik / t H16 r-y? I
(print Name of entity submitting sworn statement)
whose business address is (Pt ° 5� Pn` % �� i te7t I M(l tni ,(-(. � 14
and if applicable its Federal Employer Identification Number (FEIN) is Ste/' 6066q i�:
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I on that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida. Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
Indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or polo contendere.
4. 1 understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida. Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a, person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
14 of 16
S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statut es. means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the. entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN 'WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
� qz^ � GN+LLv
(Signature)'
Sworn to and subscribed before me this -� day of (j uk)�e 20.
Personally known
OR Produced Identification Notary Public - State of
My commission expires
(Type of Identification)
=.: ,= 4.YCOMMISSIONRDD714025 "nted ropedcommissioned name of
- ,'�?Qa< EXPIRES: Oclober5, 2011
%% "' °' Bontlorl Thm NOIa P p liC)
' P „Sh" ry ublic Underwriters
15 of 16
2009 Discretionary
Interest and Pre -Land
Acquisition Funds
Agreement
EXHIBIT O
ddo'liv,
oversight committee
safe _
DISTRICT
City of South Miami Murray Park Aquatic Center Pool
5800 S.W. 66th Street
Park Improvements
TOTAL CONSTRUCTION 220,050
ART ALLOWANCE
FIXTURES, FURNITURE, EQUIPMENT
OTHER COSTS
TOTAL AWARD 220,050
Remarks
Scope of work is for park improvements as indicated on the SNP application dated July 17, 2009.
SNPCOC approved at their August 18, 2009 meeting. Match 1 to 1 required.
R- 1376 -09 December 1, 2009
16 of 16
Fiscal Year
BUDGET ITEMS
2009 -2010
PLANNING
O
DESIGN
PROJECT ADMINISTRATION
D
PRE - AGREEMENT SOFT COSTS
D
LANDIBLDG ACQUISITION
CONSTRUCTION
Park Improvements
220,050
TOTAL CONSTRUCTION 220,050
ART ALLOWANCE
FIXTURES, FURNITURE, EQUIPMENT
OTHER COSTS
TOTAL AWARD 220,050
Remarks
Scope of work is for park improvements as indicated on the SNP application dated July 17, 2009.
SNPCOC approved at their August 18, 2009 meeting. Match 1 to 1 required.
R- 1376 -09 December 1, 2009
16 of 16