Loading...
22To: Via: From: NI-AmedcaCtW CITY OF SOUTH MIAMI , I OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor & Members of the Cit om ' sion Roger M. Carlton, Acting City Manager Carol er M. Aubrun. Grants Writer /Administrator Date: January 14, 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 FISCAL YEAR 2010 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR CITY OF SOUTH MIAMI COMMUNITY DEVELOPMENT AREA STREET LIGHTING IMPROVEMENTS IN THE AMOUNT OF $120,000; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the Acting City Manager to execute a grant agreement with Miami - Dade County's Department of Housing and Community Development for Implementation of City of South Miami Community Redevelopment Area Street Lighting Improvements, Phase I. Background: Last year during a series of South Miami Community Redevelopment Agency ( SMCRA) Meetings (regular meeting, budget workshop and budget hearing), the SMCRA Board authorized development of a Street Lighting Master Plan. The Master Plan highlighted four priority city street locations (attached), which were incorporated into the City's Capital Improvement Plan. After submitting an application through the most recent grant process, the City is being awarded funding in the amount of $120,000 for two (2) priority areas (I. SW 66th Street from SW 61" Court to SW 58th Avenue; and Il. SW 68'h Street from SW 591h Place to SW 58th Place & SW 61st Drive /Court from SW 591h Place to SW 66" Street). The proposed street lights will resemble enhanced street lighting previously installed along SW 59th Place (Church Street). Florida Power and Light (FPL) is the sole source agency providing engineering design plans and installation of decorative street lighting. Therefore, the Public Works Department will consult with FPL for energy efficiency as part of the installation, lease and maintenance agreement. The South Miami Community Redevelopment Agency has also budgeted FY 2009 -2010 funds in the amount of $60,000.00 as a funding contribution towards these City initiated street lighting improvements. Therefore, the total project cost is estimated to be $180,000.00 The attached resolution will allow the Acting City Manager to execute the grant agreement with Miami -Dade County's Department of Housing and Community Development for SMCRA Street Lighting Improvements for a total grant amount of $120,000. Cost: N/A Funding Source: Department of Housing and Community Development Backup Documentation: ❑ Proposed Resolution ❑ Letter and Required Contract Development Documents ❑ SMCRA Street Lighting Master Plan Priority Areas ❑ CIP insert Page 2 of 2 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE FISCAL YEAR 2010 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR CITY OF SOUTH MIAMI COMMUNITY DEVELOPMENT AREA STREET LIGHTING IN THE AMOUNT OF $120,000; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant for City of South Miami Community Redevelopment Area Street Lighting in the amount of $120,000.00 from Miami -Dade County's Department of Housing and Community Development; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Department of Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the Acting City Manager to execute the grant agreement with Miami -Dade County Department of Housing and Community Development for City of South Miami Community Redevelopment Area Street Lighting Improvements, Phase I in the amount of $120,000. 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 grant agreement with Miami -Dade County's Department of Housing and Community Development for City of South Miami Community Redevelopment Area Street Lighting in the amount of $120,000. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of .12010. u= •C COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer Commissioner Sellars: h � Carlos Alvarez, Mayor December 28, 2009 Mr. Roger M. Carlton Acting City Manager 'City of South Miami 6130 Sunset Drive South Miami, FL 3314 Re: Contract Development Meeting Dear Mr. Carlton: Community & Economic Development 701, N.W. 1 st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786- 469 -2170 miamidade.gov Your organization has been awarded FY 2010 Community Development Block Grant (CDBG) funds. The Departi ent of Housing and Community Development (DHCD) is in the process of developing a contract for those funds.. As a part of that process you must complete and submit the following enclosed affidavits and required documents: • Agency Board Resolution (all board members must be listed and their votes) • Authorized Signature Form • Miami -Dade County Affidavits • Affidavit of Financial & Conflicts of Interest • Related Parties Disclosure Statement • State of Florida Public Entity Crimes Affidavit • Code of Business Ethics Affidavit • Fair Subcontracting Policies (with copy of procurement policies attached) • Miami -Dade County Living Wage Affidavit • Collusion Affidavit • Certificate Regarding Lobbying You must submit the completed documents to DHCD by January 11, 2010. A meeting date has been set for December 29, 2009 at 1:30 p.m. to be held at Murray Park, 5800 SW 66'" Street, South Miami, Florida to discuss the contract development and project plan for your funded activity, A copy of the meeting agenda is also enclosed. If you have any questions or concerns please contact me at 786- 469 -2220. Sincerely, \ ron .L� �Jon Project Manager Project Management Unit LSG:Ig Enclosure (12) i c: Carol Aubrun, CSM, Grants Administrator Sonia Colon, Team Leader, PM Unit, DHCD Central File: City of South Miami -FY 2010 CDBG (Murray Park Swimming Pool — Construction Phase) and FY 2010 CDBG (South Miami CRA Street Lighting) LIST OF REQUIRED DOCUMENTS FOR CONTRACT DEVELOPMENT SAMPLE OF BOARD OF DIRECTOR'S RESOLUTION APPROVING THE FUNDED AMOUNT AND AUTHORIZING EXECUTION OF THE CONTRACT WITH DHCD AUTHORIZED SIGNATURE FORM MIAMI -DADE COUNTY AFFIDAVITS . AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST RELATED PARTIES DISCLOSURE STATEMENT STATE OF FLORIDA PUBLIC ENTITY CRIMES AFFIDAVIT CODE OF BUSINESS ETHICS AFFIDAVIT FAIR SUBCONTRACTING POLICIES MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT COLLUSION AFFIDAVIT CERTIFICATE REGARDING LOBBYING OTHER REQUIRED DOCUMENTS 1. MOST CURRENT ARTICLES OF INCORPORATION 2, MOST CURRENT BYLAWS 3. MOST CURRENT BOARD OF DIRECTOR'S ROSTER 4. MOST CURRENT IRS TAX EXEMPT STATUS DETERMINATION LETTER 5. MOST CURRENT IRS FORM 990 6. MOST CURRENT STATE OF FLORIDA CORPORATE CERTIFICATE 7. CERTIFICATE OF GOOD STANDING FROM DEPARTMENT OF STATE SAMPLE RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH 1 IIAMI -DADS CVUINITai AND FOR THE PROVISION WHEREAS, this Board desires to accomplish the objectives as outlined in the scope of service of the contract with Miami -Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of with Miami -Dade County for the maximum amount of $ the provision of authorizes to execute same for and on behalf of The foregoing resolution was offered by adoption, the motion was seconded by upon being put to a vote was as follows: approves one (1) contract for services for the Fiscal Year 2010 and lE who moved its and The Chairperson /President thereupon declared this resolution duly passed and adopted this day of Signature - Chairperson or Secretary Agency Seal AUTHORIZING SIGNATURES CONTRACTOR: DATE: This form certifies the names, titles and signatures of individuals authorized by the contractor's by -laws or board resolution to sign contracts, checks, budget revision requests, payment requests and any other requests, (e.g. purchase requisitions, purchase orders, receiving reports, direct bills) that are required by the Department of Housing and Community Development (DHCD) for disbursement of funds. NAME TITLE SIGNATURE (Type or Print) (Type or Print) I. Prime Contracts.Subcontracts il. Checks (List Amount Limits) III. Budget Revision Requests NAME TITLE SIGNATURE (Type or Print) ( i ype or Print) IV Payment Requests V. Other Administrative Matters (e.g. Status Reports, Purchase Orders, Travel Requests) * These signatures authorized are retained by DHCD for auditing purposes. * You are required to submit updates to this list as it becomes necessary. MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all atfidavlts that do not pertain to this contract. Ail blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NON -DISCRIMINATION 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; it shall however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. j , being first duly sworn zsiaie: Affiant The full legal name and business address of the person(s) or entity contraction or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (if none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (If same as above, leave blank) Street Address City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 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. It 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 forgoing requirements shall not pertain to contracts with publicly- traded corporations or to contracts with the United States or any department or names and addresses are (Post Offices addresses are not acceptable): Full Legal Name Address ownership Page 1 of 5 2. The full legal names and business address of any other individual (other than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not arrentable): 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. 11. MIAMI -DADE 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 dollar ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing 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 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 dare 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: Males Females Black: Males Females Hispanics: Males Females Males Females Asian: Males Females American Indian: Males Females Aleut (Eskimo): Males Females Males Females 111. AFFIRMATIVE ACTION /NON - DISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinances 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,obo seeking to contract with the County shall, as condition receiving a County contract, have 1) 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 affirmatives action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representatives of the population make- up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall not be required to have written affirmative 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 writtenxecommendation 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. Page 2 of 5 The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is renreeenfotivo �f the .,.,ni ilatinn maka.:� -1 of the nation and .. - ci ihmittad a �nrrittan detailed listing of its Board of Directors, including the race of ethnicity of each board member, to the County's Department of Business Development, 175 NW 15` Avenue, 28`" Floor, Miami, Florida 33128. 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 review to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development, 175 NW 15` Avenue, 28`" Floor, Miami, Florida 33128. The firm does not have an affirmative action plan and/or a procurement policy as described ahnve, but has been granted a waiver. IV. MIAMI -DADE 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 has not of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI -DADE 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 of the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those government entities. VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91 codified as Section 11A -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 workweeks, shall provide the following information in compliance with all items in the aforementioned ordinance: Page 3 or 5 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 i'ta8 Garira ie haolth nnnrlitinn Withni it risk of terminatinn of emnlrniar rataliatinn 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. VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R385 -95) That the above names firm, corporation or organization is in compliance with the 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 nertainino to employment provisions of proorams 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 Stat 327.42 U.S.C. 12101 -12213 and 47 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. 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 -DADE COUNTY REGARDING DELIQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 208.1 (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 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. IX. CURRENT OR 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 or any contract, promissory note or other loan documents with the County.or any of its agencies or instrumentalities. X. PROJECT FRESH START (Resolution R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to. Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will loose cash assistance benefits (formerly Aid to Families with dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirement of R- 702098 and R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. Page 4 of 5 XI iIQAAFCTif \ /1f1I Fr`I( -`F LEAVE /Racnhtipn 1R5 -nn; 9g -5 Codified at 11A -50 Ft. San of the — M cn - Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at 11A -60 et. Seq. of the Miami -Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled Miami -Dade County Affidavits and have indicated by an "x" a,li affidavits that pertain to his contrsrt and have indicated by an "N /A all affidavits that do not pertain to this contract. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20_by He /She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print of Stamp of Notary) Notary Public — State of (State) Page 5 of 5 (Expiration Date) AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1. Do you have any past due financial obligations with Miami -Dade County? YP$ NO Single Family House Loans — Multi- Family Housing Rehab — CDBG Commercial Loan Project — U.S. HUD Section 108 Loan — Other HUD Funded Programs .-- Other (liens, fines, loans, Occupational licenses, etc.) — If YES, please explain 2. Do you have any past due financial obligations with Miami -Dade County? YES NO If YES, please explain: 3. Are you, a relative, of or do you have any business or financial interests with any elected Miami -Dade County official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards? YES _ NO _ If YES, please explain: Any false Information provided on this affidavit will be reason for rejection and disqualification of your project- funding request to Miami -Dade County. The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. By: (Signature of Applicant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20_ By . He /She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public – Stamp of (State) (Serial Number) (Expiration Date) Notary Seal i."'.� A C7i Li A b CTS � A ivxiFLc ,AGENCY NAME 1, S, I nee �Rc o V v L'�..i'�3 tJ � �. DATE O ROUT 1 ATDf'1 DADTIPC e.r a o L. o..o n t a a e v THERE ARE NO BOARD MEMBERS OF THE _ (AGENCY NAME) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY NAME) OPERATIONS. 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 1. This form statement is submitted to by (Print individual's name and title) for (Print name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 understand 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 an 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. 1 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 an 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 nolo 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. 5. I understand that a "person" as. defined in Paragraph 287.133(1)(e), Florida Statutes, 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 contract and which bids or applies to bid on contracts for the nrCVISICn ^i ^ ^d° nr r ^y �Y• "nor °on" inn ue those C:Cero oxi #1 , cnfifii The f — par#narc r shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, 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 SUbmifting Chic cAnmrn statement, or one nr more. of itc nffir_.erc diragtnrc, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. 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 proceeding before a Hearing Officer of the State 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 OR 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 A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this day of Personally known Or produced identification (Signature) Notary Public -State of My commission expires (Type of identification) 20 (Printed, typed or stamped commissioned name of notary public) FORM A -12 CODE OF BUSINESS ETHICS In accordance with Section2- 8.1(i) of the Miami -Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethics ( "Code) and shall, prior to execution of any contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2 -8.1 (i) of the Miami -Dade County Code. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum, require that the contractor: Comply with all applicable governmental rules and regulations including, among others, the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. Comply with all applicable rules and regulations regarding Disadvantaged Business Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs ") and Community Small Business Enterprises (CSBEs) and shall specifically prohibit the following practices: o Pass - through Requirements, The Code shall prohibit pass - throughs whereby the prime fire requires that the MBE or CSBE firm accept payments as a MBE or CSBE and pass through those payments or a portion of those payments to another entity including, but not limited to the owner /operator of the prime firm; • Rental Space Equipment or Flat Overhead Fee Requirements, The Code shall prohibit rental space requirements, equipment requirements, and /or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; • Staffing Requirements. The Code shall prohibit the prime firm from mandating, as.a condition to inclusion in the project, that a MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. • MBE or CSBE Staff Utilization, The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. • Fraudulently creating operating or representing MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to, the owners /operators thereof . from fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. The Code shall also require that on any contract where MBE or CSBE participation is purported, the contract shall specify essential terms, including, but not limited to; a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing of payments and when the work is to be performed. The failure of a contractor to comply with its Code of Business Ethics shall render any contract between the contractor and the County voidable, and subject violators to debarment from future County work pursuant to Section 10- 38(h)(2) of the Code. The Inspector General shall be authorized to investigate any alleged violation by a contractor of its Code of Business Ethics. By: Signature of Affant Printed Name and Title of Affiant 20_ Date Federal Employer Identification Number Printed Name of Firm of Firm SUBSCRIBED AND SWORN TO (of.affirmed ) before me this day of _,20_ He /She is personally known to me or has presented as identification. Type of Identification Signature of Notary Print or Stamped Name of Notary Notary Public, State of Serial Number Expiration Date MIAMI -DADE COUNTY, FLORIDA RFP NO. Form A -7.2 FAIR SUBCONTRACTING POLICIES FAIR SUBCONTRACTING PRACTICES In compliance with Miami -Dade County Ordinance 97 -35, the Proposer submits the following detailed statement of its policies and procedures for awarding subcontracts: I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: Title: Firm Name: Address: Telephone: Form A -7.2 Rev. 2113101 Date: Fed. ID No City /State /Zip: Fax: ( ) LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 9944) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts involving the expenditure of over $100,000 per year for "Covered Services." "Covered Services" are the type of services purchased by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) County Service Contracts (i) food preparation and /or distribution (11) security services (iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non - supervisory office work, whether temporary or permanent (v) transportation and parking services, including airport and seaport services (vi) . printing and reproduction services (vii) landscaping, lawn and /or agricultural services In accordance with .Miami -Dade County Ordinance 99 -44, all Service Contractors entering into a contract with Miami -Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County.a Living Wage of no less than $8.81 per hour plus Health Insurance as described in the aforementioned ordinance,. or.$10.09 per hour without Health Insurance. Such Health Benefits shall consist of, payment of at least $1.28 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the, County to qualify for the wage rate for employees with health benefits. The Service Contractor shall also agree to produce all documents and records relating to he and compliance with this Ordinance prior to award of a contract as a result of this solicitation upon request by the County. If records reflect that the Service, Contractor is the right to sanction the Service Contractor to suspension. In violation of this Ordinance, the County has include but not limited to termination, fine and This Ordinance encompasses various responsibilities that must be accomplished by the successful proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99 -44. itORryi A -II MIAMI -DADS COIINTy, FLORIDA MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code) Solicitation No.: Title: I being first duly sworn hereby state and certify that in compliance with Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or, proposer agrees to pay the living wage required by Miami -Dade County Ordinance 99 -44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied to this contract is $8.81 per hour plus health benefits as described in the ordinance, or $10.09 per hour without health benefits. 20 By slgnalu a Of AfAEEant Printed Name ofAffian[and Tiile Federal Identification Number - SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 120_1 by HelShe is personally known to me or has presented as identification. Type of idenhrleation Signature ofNotary Print or Stamp Name of Notary Notary Public — State of Rev. 3126102 Serial Number Expiration Date Notary Seal COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -113) BEFORE ME, A NOTARY PUBLIC, personally appeared who being duly sworn states: (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and /or I am otherwise authorized to bind the bidder of this contract. f state that the bidder ur this coiivaci: ❑ is not related to any of the other parties bidding In the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought OR by collusion to secure to the proposer an advantage over any other proposer. ❑ is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended 'contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. By' 20 Signature of Affiant Date Printed Name of Affiant and Title Federal Employer Identification Number Printed Name Address BID PACKAGE ADDENDUM RnvhW4A2J99 SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20_ He /She is personally known to me or has presented as identification. Type of identification Signature of Notary Print or Stamp Name of Notary Notary Public — State of Serial Number Expiration Date Notary Seal BID PACKAGE ADDENDUM RevkW4 /12199 CERTIFICATION REGARDING LOBBYING Certificz on for Contracts, Grants, Loans and Cooperative Arireemenis The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, -a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, 6inen- '--ce ^+ di cation, Federal contract, reran+ loan, an or LLAAAvI., w �a.�iUifl of aC_y ..., b.... -., !J.vy cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: (signature of Authorized Representative) Print: (Print Name of Firm and Authorized Representative) Title: Date: 11/06/2009 17:23 FAX , CQ.UN7aYx`i'' Carlos Alvarez., Mayor November 6, 2009 Mr. W. AjiboI8 Bnloguri City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Activity Title: South Miami CRA Street Lighting Activity ID: 20100002 Category: Capital improvement Source: CDBG Approved Amount: $120,000 Subject: FY 2010 Final Award Letter Dear Mr. Balogun: 1@ 002/005 Housing and Community Development 701 SIN W. It1 C nVd 101 Hoor Midn�i, I'Inritln i;l;b 1" 786-109,2100 1 786 4r.7 7? Yb miamidado};nv Congratulations! On November 4, 2009, the Board of County Commissioners (BCC) approved the FY 2010 Action Plan funding allocations for the FY 2010 Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME). the Emergency Shelter Grant (ESG), the State Housing Initiative Partnerships (SHIP) and the Community Development Block Grant Recovery (CDBG -R) Pr'ogroms. This action by the Board of County Commissioners was the culmination of the FY 2010 Consolidated Request for Applications (RFA) process, which opened on July 2, 2009, and was coordinated by the Department of Mousing and Community Development f /k/a the Office of Community and Economic Development. In an effort to initiate the contract preparation and execution process, picase fill out and return the following documents (see enclosed samples) by November 18, 2009: m Detailed and summary budgets as per format provided; 4 Scope of services as per format provided; a Environmental Review (ER) form with attachments. In addition, funded agencies are rLquired to attend our Contract Development Technical Assistance workshop as follows: November 13, 2009 from 10 :00 a.m. to 12:00 p.m. at the Miami -Dade Hoard of County Commission Chambers, 111 NW 1st Street, Miami, Florida. This workshop is mandatory for all newly funded agencies receiving CDBG or ROME funds. A separate meeting will be scheduled for applicants receiving CDBG -R funds. "rho purpose of the workshop is to provide technical assistance to agencies regarding the contract development process. At that time, staff will also discuss the new requirement that all CDBG funds wilt be granted in the form of forgivable loons. The workshop will mostly focus on 11/06/2009 17:23 FAX R003/005 Mr. W Ajibola Balogun City Manager City of Soutb Miami November 0, 2009 Page '2 federal requirements, the execution of the required documents, and the preparation of scopes of services and budgets. Your participation will ensure not only the expeditious development of your contract(s), but also the implemontation and the completion of your activities within the required time frames. An additional mandatory workshop will be scheduled in mid - January 2020 for funded agencies /dovolopers of housing activities regardless of funding. source, Notification and complete details of this workshop will be forwarded under separate cover. Please contact Sonia Colon, Team Leader, at (786) 469 -2100 if you have any questions. Sincerely, 0dj -� Shalley Jones Horn Director EnClOsures c: Tangle White Jackson, Director, CED Division — DFICD Annetta Jenkins, Assistant Director, HDLAD - DHCD Sonia Colon, Team Leader, CEO Division - DHCD SMCRA Proposed Lighting Improvement Master Plan Priority List Priority #1— Priority #2.— Priority #3 - Priority #4 - SW 66th Street from SW 61" Court to SW 58" Avenue SW 681h Street from SW 59th Place to SW 58h Place; and SW 61" Drive /Court from SW 59th Place to SW 66th Street SW62nd Street from SW 62 d Avenue to SW 59th Avenue SW 64th Street from SW 62nd Avenue to Red Road Lighting Improvement Master Plan Map South Miami Community Redevelopment Agency Area S- W To IC-oR 'Lill, C F Hi E-- ..................... ................ ............. o00o IT PI . �o a_ �9l1 d� o City of South Miami 2008/09- 2012/13 CAPITAL IMPROVEMENTS PROGRAM CAPITAL IMPROVEMENT PROJECT REQUEST FORM Name of Project: SMCRA Lighting Improvement —Area 2 . "Dept. Priority: CRA0002 Project No.: Project Location: SW 68i° Street and SW 61st Court Category: Requesting Dept.: SMCRA ,Sl.emnes. mNns. �J�,LV1ipL dames K nn> proieci snPpnnine tlncun,mnx� DESCRIPTION: Description. wl,E,si ..TylUgg6i 5 3 i � r N6POE[OP W i,NEYHPPq[kgit' y W0.gEEYP. N4WFE'Ntl' '6W 11 \N_fA` _I'i a 6. �i •ia G I. —i kR .a -- JUSTIFICATION Description. 10-1.s, OPERATING IAAPACT Description. w� CONCURRENCY: Description. - .. ---- M1RXS¢i 00..E 3W]jXq Si q 41 OS ton PR1olt :PS. FY 08 -09 FY 09 -10 FY 10 -11 FY 11 -12 FY 12 -13 ACTIVITY EXPENDITURE SCHEDULE * *Total Budget: FUNDING SOURCES APPROPRIATIONS SCHEDULE " *Total Funding: ' Priority is subject to change. 2 of 4 '" Based on amounts estimated during preliminary planning.