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11To: From: DATE: SUBJECT: BACKGROUND: EXPENSE: TERM: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami bed AJl..America CIty 'IIU' 2001 Steven Alexander, Interim City Manager Agenda Item No.:iL January 23, 2013 A Resolution authorizing the City Manager to enter into the Community Space Lease Agreement with Miami-Dade County for lease of 6701 SW 62 Avenue, South Miami, Florida for one (1) year with a one (1) option to renew to operate the Seniors Program (Senior Center). The City of South Miami Parks and Recreation utilizes the location at 670 I SW 62 Avenue, Miami, FL. 33143 to operate the Seniors Program (Senior Center). Seniors registered in the Senior Program are provided with lunch Monday -Friday and are provided a weekend meal (cantina style) on Friday for use on Saturdays and Sundays. In addition, seniors are provided with games, field trips, activities, special guests and fitness as part of the program. In order to continue with the use of this facility, a Community Space Lease agr~ement must be executed to be in compliance with Miami Dade County through its Public Housing, Community Development Department. No Expenditure Term of the agreement is one year with the option to renew with no expenditures ATTACHMENTS: Resolution for approval Community Space Lease Agreement Scope of Services Sworn Statement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO.: ________ _ A Resolution authorizing the City Manager to enter into the Community Space Lease Agreement with Miami-Dade County for lease of 6701 SW 62 Avenue, South Miami, Florida for one (1) year with a one (1) option to renew to operate the Seniors Program (Senior Center). WHEREAS, the City of South Miami operates a Seniors Program Monday through Friday at the Miami-Dade County Senior Center located at 670 I SW 62 avenue; and, WHEREAS, this premises is utilized to provide Senior Program participants with daily meals, activities, special guests and games; and, WHEREAS, a Community Space Lease agreement with Miami Dade County through its Public Housing and Community Development Department is needed to be able to operate the City's Seniors Program and to continue to provide services to the seniors registered in the Seniors Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I. The City Manager is hereby authorized to execute a Community Space Lease Agreement with Miami-Dade County through its Public Housing and Community Development Department. A copy of the agreement is attached. Section 2. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of ______ , 2013. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Community Space Lease Agreement This Community Space Lease Agreement, made this __ day of , 20_, is entered into by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Public Housing and Community Development (PHCD) Department (hereinafter referred to as "Landlord"), located at 701 N.W. 1 st Court 16th Floor, Miami, FL 33136 and City of South Miami (hereinafter referred to as "TenantJProvider") whose address is 6130 Sunset Drive, South Miami, FL 33143. WHEREAS, the Home Ru1e Charter authorizes Miami-Dade County to provide for the uniform health and welfare of the residents throughout the County; and WHEREAS, the County recognizes the importance of providing supportive services to residents of its assisted housing which includes public housing residents, section 8 recipients, home ownership participants and other government assisted housing participants; and WHEREAS, the TenantlProvider which is a not-for-profit organization or government entity, provides or will develop services of value to the County and its assisted housing residents and has demonstrated an ability to provide these services; and WHEREAS, the County is desirous of obtaining such services of the TenantlProvider for its assisted housing residents and the TenantIProvider is desirous of providing such services; and WHEREAS, the County agreed to lease its space on its assisted housing premises to the TenantlProvider so that TenantIProvider can provide its services to assisted housing residents and accordingly passed Resolutions R-296-99, 891-92 and 287-89, NOW, THEREFORE, in consideration of the mutual covenants record herein, the parties . hereto agree as follows: 1. THE PREMISES. The Landlord shall lease to TenantlProvider the premises located at the South Miami Plaza Public Housing Development, 6701 SW 62nd Avenue, South Miami, Florida (hereinafter "Premises"). II. THE SCOPE OF SERVICES. While the TenantlProvider is in possession of the Premises described in paragraph I of this Agreement, the TenantlProvider agrees to render the services in accordance with the scope of services incorporated herein and attached hereto as Attachment A. TenantIProvider agrees that at least fifty percent (50%) of its clients at anyone time shall be residents of Miami.,.Dade County assisted housing. Assisted housing shall mean public housing, Section 8 housing, affordable home ownership program, and other government assisting housing programs. TenantlProvider shall actively seek residents of Miami-Dade County assisted housing as clients. Failure to serve assisted housing residents at the percentage level described above shall be C:IWPIT.S\A03.DOC 1YPE Ill: Meals/or $enlors REVISED: Oll10120JJ Page 1 of 13 grounds for termination of this Agreement. TenantlProvider shall report the following information in writing on a quarterly basis to the site manager of Public Rousing and Community Development (PRCD) which oversees the Premises described in Paragraph I of this Agreement: the actual number of assisted housing residents served within the previous three (3) months and the type of services they received; the actual number of children of assisted housing residents served within the previous three (3) months and the type of service they received; the percentage of its clients who are assisted housing residents; and the percentage of its clients who are children of assisted housing residents. III. AUTHORIZED AGENT ON PREMISES. TenantlProvider shall designate a responsible individual on site that is authorized to communicate with and receive communication from the Landlord's site manager in order to effectuate a cooperative and efficient use of the Premises by the TenantlProvider. IV. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from 0110112013 to 12/3112013. This Agreement may be renewed for one (1) additional one (1) year period. V. RENT PAYABLE. TenantlProvider shall pay rent in the amount of zero ($0) per month/year. The rent shall be due on or before the ftrst of each month/year. In the event TenantlProvider fails to meet its obligations to serve at least ftfty percent (50%) of the residents of Miami-Dade County assisted housing, the County shall give TenantIProvider ten (10) days written notice of their non-compliance. TenantlProvider shall have ten (10) days from the date of said notice to cure such non-compliance. In the event, TenantlProvider fails to cure such non-compliance, the County, at its sole discretion, may terminate this Agreement or charge the fair market rent for the Premises, which shall be determined by the County at the expiration of the cure period. VI. USE OF PREMISES. TenantlProvider shall use the Premises only to provide the services described in the scope of services which is incorporated herein and attached as Attachment A. TenantlProvider shall be entitled to use the space described only during the hours of 7:00am to 4:00pm. TenantlProvider shall leave the Premises clean at the completion of programs each business day. The Landlord agrees to allow the TenantlProvider from time to time to utilize the space after normal business hours for the purposes of conducting meetings, trainings, or for other program related reasons. The TenantlProvider agrees to advise the Landlord's site manager in advance of the date and time it desires to use the space beyond hours stated in this section. TenantlProvider is responsible for securing its own personal property and agrees to hold Miami-Dade County harmless in the event of loss, theft, or damage when resident programs are conducted in the leased space. VII. CONDITIONS OF PREMISES. The Landlord shall ensure that the Premises are in a state of good repair and suitable for occupancy by the TenantlProvider at the commencement of this Agreement. By entering into this Agreement, the TenantlProvider C:IWPI1S\A03.DOC TYPE III: Meals jor Seni .... REVISED: 0/1/0120/1 Page 2 of 13 agrees that the Premises will be returned to the Landlord in the same condition as when received subject to normal wear and use. TenantlProvider shall comply with community room capacity laws and therefore shall ensure enough space for the safety and enjoyment of the participants. The Landlord has the right to inspect the Premises at any time to assure that all terms of the lease are being met. TenantlProvider must immediately take corrective actions as a result of the Landlord's inspection findings. VIII. MAINTENANCE. TenantIProvider shall be responsible for maintaining the Premises. All routine maintenance and minor repairs shall be performed at the TenantlProvider's expense. If the Landlord performs routine maintenance and minor repairs on behalf of the TenantIProvider, the Landlord shall charge the TenantlProvider for time and materials used. Routine maintenance and minor repairs include hut are not limited to: plastering and interior painting; electrical work such as installing or changing lamps, bulbs and fuses, replacing outlet covers and other work that does not require rewiring or working inside the electrical box; minor plumbing repairs such as changing a faucet; repairing air conditioners; changing air conditioners filters; minor line blockages; replacing kitchen cabinets and counter tops. The Landlord shall be responsible for major repairs. Major repairs include but are not limited to: replacement of roofs or central air conditioner units; structural repairs; interior electrical wiring; electrical panel replacements and repairs; major plumbing repairs; fire control systems; and exterior painting. The TenantlProvider shall not make renovations or install any fixtures, equipment, fencing, or locks without prior written approval of the Landlord. All fixtures installed by TenantlProvider shall become the property of Landlord upon termination of the lease agreement. The TenantlProvider shall be responsible for reimbursement to the Landlord for any and all losses or damages to property and/or equipment resulting from the operations of the TenantiProvider's programs. TenantiProvider shall maintain and operate the Premises in a clean and sanitary condition and return same to Landlord at the expiration or termination of this lease. IX. KEYS. Locks may be changed with the Landlord's permission at the TenantiProvider's expense, if the Landlord's site manager is immediately furnished a set of keys. X. SIGNAGE. All signage must be in keeping with the residential nature of the property, all applicable building and zoning laws, and approved in writing by Landlord prior to installation. C:IWPITS\A.OJ.DOC TYPE III: Meals/or Seniors REtIlSED: 0111012011 Page 3 of 13 XI. TRASH AND GARBAGE DISPOSAL. TenantlProvider shall make all necessary arrangements, including billing, with local trash and garbage disposal companies. The TenantlProvider may also pay Landlord for this service. XII. INDEMNIFICATION AND INSURANCE. (A) All Other TenantslProvider. TenantIProvider shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes or actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the TenantlProvider or its employees, agents, servants, partners, principals or subcontractors. TenantIProvider 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. TenantIProvider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by TenantlProvider 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. XIII. INSURANCE. (A) TenantlProvider Obligations. C:IWPITSlA.03.lXX TYPE Ill: Moalsfor Seniors REVISED: 0/1/012011 1. Modification and Changes. The Tenants shall notify the County of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of the TenantlProvider's Scope of Services (Attachment A) by the County's Risk Management Division, the County may increase, decrease, waive or modify any of the following insurance requirements. Any request by a TenantlProvider to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum Insurance Requirements: Certificates of Insurance. The TenantlProvider shall furnish to Miami-Dade County Public Housing and Community Development, 701 MW 1 Ct., 16th Floor, Miami, FL 33136, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (a) Worker's Compensation Insurance for all employees of the TenantIProvider as required by Florida Statute 440. Page 4 of 13 C:IWPI:rru03.DOC TYPE III: Meal. If)/' &nif)/'$ REVISED: 01110/2011 (b) Commercial General Liability Insurance -this policy shall be endorsed to include products and completed operations liability insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount no less than $300,000 combined single limit per occurrence for bodily injury and property damage. . All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1) .'. The company shall be no less than "B" as to management, and no less than "Class V" as to [mancial strength, by Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or 2) The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the Department of Financial Services and are members of the Florida Guaranty Fund. (d) Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. ( e) Compliance with the foregoing requirements shall not relieve the TenantlProvider of its liability and obligations under this Section or under any other section of this Agreement. (f) Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The TenantIProvider shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. Page 5 of 13 (g) The County reserves the right to inspect the TenantIProvider's original insurance policies at any time during the term of this Agreement. (B) Failure to Provide Certificate of Insurance. If the TenantIProvider fails to furnish the County with the Certificate of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of . the Scope of Services (Attachment A), the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. NOTE: MIAMI DADE COUNTY CONTRACT NUMBER AND TITLE OF CONTRACT MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 MW 1ST STREET SUITE 2340 MIAMI, FL 33128 XIV. PROOF OF LICENSURE AND CERTIFICATIONS. If the TenantlProvider is required by the State of Florida or Miami-Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the TenantlProvider shall furnish a copy of ail required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to child care, day care, nursing homes, and boarding homes. Failure to provide the licenses or certificates within sixty (60) days of execution of this Agreement may result in termination of this Agreement. (A) Background Screening; The TenantIProvider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors. TenantlProvider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. C:IWPITfMOJ.IXX 1YPE III: Mf!4/sfor Seniors REVISED: O/I/OI20lJ The TenantlProvider agrees to comply with ail applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. Page 60f13 In the event criminal background screening is required by law, the State of Florida and/or the County, the TenantlProvider will permit only employees and subcontractors with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) to work in direct contact with vulnerable persons. The TenantlProvider agrees to ensure that employees and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working with vulnerable persons. TenantlProvider shall furnish the County with proof that employees and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the TenantlProvider fails to furnish to the County proof that an employee or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working with a vulnerable person or vulnerable persons, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. XV. CONFLICT OF INTEREST. The TenantIProvider agrees to abide by and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference as it fully set forth herein, in connection with its contract obligations hereunder. XVI. CML RIGHTS. The TenantlProvider agrees to abide by Chapter l1A, of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing, and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment, housing, and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment and public housing accommodations; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the American with Disability Act, 42 U.S.C. § 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 Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transits Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the TenantlProvider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of C:IWPITSld03.DOC 1YPE III: Meals for Soniors REVISED: 011101201/ Page 7 of 13 these Acts, the County will conduct no further business with the TenantlProvider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the TenantlProvider violates any of the Acts during the term of any contract the TenantlProvider has with the County, such contract shall be voidable by the County, even if the TenantIProvider was not in violation at the time it submitted its affidavit. The TenantlProvider certifies that it is in compliance with the Domestic Violence ,Leave, codified as § l1A-60 t. seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the TenantlProvider. XVII. NOTICES. It is understood and agreed between the parties that written notice addressed to the Landlord and mailed or delivered to the address below and written notice addressed to the TenantlProvider and mailed or delivered to the address below shall constitute sufficient notice to either party. Landlord Public Housing and Community Development (PHCD) 701 NW 1st Court, 16 th Floor, Miami, FL 33136 TenantlProvider City of South Miami 6130 Sunset Drive South Miami, FL 33143 XVIII. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of each of the parties and does not stipulate or imply affiliation between the contracting parties. It is expressly understood and intended that the TenantlProvider is only a tenant/provider and is not an agent or instrumentality of the County. XIX. BREACH: REMEDIES (A) Breach. A breach by the TenantIProvider shall have occurred under this Agreement if: (1) the TenantlProvider fails to adequately provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement; (2) the·TenantlProvider does not furnish the Certificates of Insurance required by this Agreement or as determined by the County's Risk Management Division; (3) the TenantlProvider does not furnish proof of licensure and certification required by this Agreement; (4) the TenantIProvider fails to pay rent on or before the date that it is due; (5) the TenantlProvider does not have the required percentage of assisted housing residents or their children as clients; (6) the TenantlProvider fails to properly maintain the Premises, make repairs, pay utilities, obtain garbage collection, complete extermination, and or perform other general upkeep of the Premises; (7) the TenantlProvider discriminates under any of the laws outlined in Section VII of this Agreement; (8) the TenantlProvider C:IWPlmAOJ.DOC TYPE Ill: Meals for Seniors REVISED: OJIJ0I20J/ Page 8 of 13 falsifies or violates the provisions of the Drug Free Workplace Affidavit (Exhibit F); (9) the TenantIProvider, attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; or (10) the TenantlProvider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Agreement. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. (B) Remedies. Landlord and TenantlProvider may terminate this Agreement and may pursue any and all remedies available under applicable law for a breach under the Lease Agreement. If, for any reason, the TenantlProvider should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement,· the Landlord shall, whenever practicable terminate this Agreement by giving written notice to the provider of such termination and specifying the effective date thereof at least five days before the effective date of such tennination. The county may terminate or cancel any other contracts which such individual or entity has with the county and that such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contraCtual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. The Landlord may seek to evict TenantlProvider by filing an action in a court of appropriate jurisdiction. (C) Damages Sustained. Notwithstanding the above, the TenantIProvider shall not be relieved of liability to the Landlord for damages sustained by the Landlord by virtue of any breach of the Agreement. The landlord may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The TenantlProvider shall be responsible for all direct and indirect cost associated with such action, including attorney's fees. xx. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least ninety (90) days prior to the. effective date of such termination or as determined by law. The director of the Public Housing and Community Development is authorized to terminate this Agreement on behalf of the Landlord. XXI. MISCELLANEOUS. (A) Sublease. The parties agree that no assignments or sublease will be made or let in connection with this Agreement without the prior written approval of the Landlord, which shall not be unreasonably withheld, and that all sublessors or assignees shall be governed by the terms and conditions of this Agreement. C:\WP\781.40J.DOC TYPE III: Meals/or Seniors REVISED: 0111012011 Page 9 of 13 (B) Agreement Guidelines. The TenantlProvider agrees to comply with all applicable Federal, State and County laws, rules and regulations, particularly the Landlordffenant Act, which are incorporated herein by reference or fully set forth herein. (C) Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to rent 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. (D) The County has established the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally Y4 of 1 % of the total contract amount. C:IWPITS\A.OJ.DOC TYPE IU: Meals for Seniors REVISED: OJlIO/20ll The Miami-Dade County Inspector General is authorized and empowered to review past,· present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed charge orders to the Contract. The Inspector General is empowered to retain the services of Independent Private Sector Inspectors General (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, Page 10 of 13 instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. Notwithstanding the provisions set forth herein, the County has the right to retain the services of an Independent Private Sector Inspector General (IPSIG), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available, to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement or any subsequent award for inspection and copying. The County will be responsible for the payment of these IPSIG services, and under no circumstance shall the Provider's cost/price for this Agreement, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct, audit or investigate the operations, activities and performance of the Provider in connection with this Agreement or any related contract. The terms of this provision are neither intended nor shall they be construed to impose any liability on the County by the Provider or third party. (E) Totality of Agreement/Severability of Provisions. This (13) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment D: Agreement Program Narrative (Scope of Services) Extermination Services (Not Applicable) Miami-Dade County Affidavits State Public Entities Crime Affidavit 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 C:\WP\7ruOJ,DOC TYPE 1/1: Meals for &niors REVISED: OJIJOl20lJ Page 11 ofl3 affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. (F) Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Attorney's Office, provided, however, that the County may effect amendments to this Agreement without the written consent of the Provider, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of County, State and Federal governments. (0) Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County, or any department of the County unless specifically stated herein. (H) The invalidity of all or any part of this Agreement shall not render invalid the remainder of this Agreement or the remainder of such section, if the remainder would then conform to the requirements of applicable law. (1) This Agreement shall be governed under the laws of the State of Florida as to all matters, including but not limited to matters of validity, construction, effect and performance. Venue for any litigation between parties regarding this Agreement shall lie only in state and federal court in Miami-Dade County, Florida. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their respective and duly authorized officers as of the day and year first above written. (SEAL) ATTEST: City of South Miami AGENCY'S NAME By: __________________________ __ (Signature of Authorized Representative) By: ________________________ __ (Signature of Authorized Representative) Type or Print Name Type or Print Name Witnesses: By: --------------------------------By: ________________________ _ C:\WP\:r.I'\A03.DOC TYPE Ill: Mealsfor SenlOl"s REVISED: 0/1/012011 (Signature) (Signature) Page 12 of 13 Type or Print Name ATTEST: HARVEY RUVIN, CLERK By: __________________________ __ DEPUTY CLERK Approved as to form and legal sufficiency: By: ---------------------------Assistant County Attorney C:\JIP\~03.DOC TYPE 11[: Meals/<»" Seniors REVISED: 0/1/0120// Type or Print Name MIAMI-DADE COUNTY, FLORIDA By: ________________________ ___ CARLOS A. GIMENEZ MAYOR Page 13 of13 The Scope of Services Our Senior Center is the focal point for all aging services in our community. City employees along with our social worker provide many services in the center itself or refer out to other organizations that can help the elderly meet their needs. Eating a nutritional meal is important at any age but malnutrition is most common among senior citizens. Malnutrition is normally caused by their limitations and fmancial hardship. Here at the Center we provide a hot five (5) course meal and two (2) weekend meals that include a well balanced diet. Monday through Friday we serve fruits, vegetables, calcium, grains and protein to insure they are receiving the appropriate amount of food serving and nutrition for at least one meal a day. The congregate meals are a means for attracting older people into the center were they can then, be exposed to the many other services that are available at our center. We also provide a frozen meal service to those seniors unable to leave home due to illness or disability. Most of our elderly people live alone and are more prone to senility and other mental illness like Alzheimer's and dementia. So the more you socialize, meet and interact with people the less chance they have of feeling depressed and sad. So to prevent loneliness and to have them feel a sense of belonging as many of their family members live in other locations we provide our seniors a chance to meet and interact with others on a regular basis. We provide Bingo and Dominos, art classes, jazzercise classes, monthly parties and computer classes all to provide social environments for our seniors to interact with each other and still encourage health, keep them up to date and put them in a better frame of mind. For many of our seniors it has been years that they've had had the chance to go out and enjoy the little things that we so often take for ~anted, such as grocery shopping, a movie, or just the chance to get out of their homes. Here at the center we provide the opportunity for them to get out and take small field trips such as grocery shopping, a monthly movie, a walk around the mall, or different shows such as a comedy or circus. These outings bring a lot of joy and enthusiasm of having something to look forward to and stay active. Within our center we provide many opportunities to educate our seniors on many health questions and concerns they may have. Services provided such as monthly massages, senior exercises and blood pressure screenings are ways to that we provide services t'o enhance their health. We also have a social worker assist them daily, monthly seminars, health fairs, and other organizations come in and keep them knowledgeable of many things happening in their lives and keep them up to date with the latest services available to them. Many of our attending senior's citizens are with little income and few assets. We provide the many services that on their own would not have the funds and availability to do. It is our job to provide the services to help our seniors remain healthy and active in the community. Z: VoannelScope of $ervices-Senior Center.doc Revised: 112312013 Attachment A Attachment B "Extermination Services (Not Applicable)" 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 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 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. I, _____ -:-::::::---:--_______ ' being first duly sworn state: 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 N~mber (If none, Social Security) Name of Entity, Indivldual(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) 1. If the contract or business transaction is with a corporation, the full legal nam~ and business address shall be provided for each officer and director and each stockholder who holds I directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or busine~ s transaction is with a partnership. the foregoing information shall be provided for each partner. It t he contract or business transaction is with a trust, the full legal name and address shall be provided fo each trustee and each beneficiary. The forgoing requirements shall not pertain to contracts with public ~-traded corporations or to contracts with the United States or any department or names and addn sses are (Post OffICeS addresses are not acceptable): Full Legal Name Address Ownership % % % % Page 1 of 5 Attachment C -1 of 5 2. The full legal names and business address of any other individual (other tha 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 ( ost Office addresses 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 undred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County 0 dlnance 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 contra or business transaction or renewal thereof which involves the expenditure of ten thousand dollar ($10,0 ) or more shall require the entity contracting or transacting business to disclose the following informatio . The foregoing disclosure requirements do not apply to contracts with the United States or any depart ent 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 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: Males: __ Females: Asian: Mal: Females: Black: Males: Females: American Indian: Male : Females: Hispanics: __ Males:_' _ Females: __ Aleut (Eskimo): __ Male: Females: Males: Females: ______ . Male: Females: III. AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PRO MOT ON AND PROCUREMENT PRACTICES (County Ordinances 98-30 codified at 2-8.1.5 of e County Code) In accordance with County Ordinance No. 98-30, entities with annual gros~ revenues in excess of $5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have I) a written affirmative action plan which sets forth the procedures the entity utilizes Ito assure that it does not discriminate in its employment and promotion practices; and ii) a written proc~rement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate ag9inst minority and women~ owned businesses in its own procurement of goods, supplies and services. Suctl affirmatives action plans and procurement policies shall provide for periodic review to determine their effiriveness in assuring the entity does not discriminate in its employment, promotion and procurement ractices. 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 ~rocurement 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. i I The requirements of County Ordinance No. 98-30 may be waived upon the writte~ recommendation of the County Manager that it is in the best interest of the County to do so and upon pproval of the Board of County Commissioners by majority vote of the members present. ....-.-.!..., ___ -----1 Page 2 of5 Attachment C -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 representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race of ethniclty of edch board member, to the County's Department of Business Development, 175 NW 1&1 Avrnue, 28th Floor, Miami, Florida 33128. ! ____ The firm has annual gross revenues in excess of $5,000,000 and th~ firm does have a written affirmative action plan and procurement policy as described abov~, which includes periodic review to determine effectiveness, and has submitted the plan a~d policy to the County's Department of Business Development, 175 NW 1st Avenue, 28th Floor, Miami, Florida 33128. ; __ -:--_ The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. ' ___ IV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section ~-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County __ has has not of the date of this affidavit been convicted of a felony during the past ten (10) years. ' ___ V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance no. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-JPade County, Florida, the above named person or entity is providing a drug-free workplace. A \Nritten statement to each employee shall, inform the employee about: ' 1. Danger of drug abuse in the workplace : 2. The firm's policy of maintaining a drug-free environment at all wo~kplaces 3. Availability of drug counseling, rehabilitation and employee assis$nce programs 4. Penalties that may be imposed upon employees for drug abuse violations I The person or entity shall also require an employee to sign a stat~ment, as a condition of employment that the employee will abide by the terms and notify the1employer 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 employeie up to and including termination. i Compliance with Ordinance No. 92-15 may be waived if the speqial 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~' ell-being of the public. Contracts involving funding which is provided in whole or iri part by the United States of the State of Florida shall be exempted from the provisions of this ordl ance in those instances where those provisions are in conflict with the requirements of those ovemment entities. ___ VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (Coun~ Ordinances No. 142-91 codified as Section 11 A-29 et. Seq of the County Code) I i That in compliance with ordinance No. 142-91 of the Code of Miami-~ade County, Florida. an employer with fifty (50) or more employees working in Dade Cou ttY for each working day during each of twenty (20) or more calendar workweeks, sha I provide the following information in compliance with all items in the aforementioned ordinar ce: r--L-------------. Page 30f5 Attachment C -3 of 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 peri~d, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse oriother close relative who has serious health condition without risk of termination of employer retaliation. " I The foregoing requirements shall not pertain to contracts with ttieUnited States or any department or agency thereof, or the State of Florida or any politi~1 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" pertaining to employment provisions of iprograms and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pob~ 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 CURR~NTL Y DUE FEES OR TAXES (Sec. 208.1 (c) of the County Code) Except for small purchase orders and sole source contracts, tf!lat above named firm, corporation, organization or individual desiring to transact business orienter 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 defaul1 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 Attachment C -4 of 5 ____ XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified at 11A-60 Et. Seq. of the Miami-Dade County Code). The finn 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" all affidavits that pertain to his contract 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) (Print of Stamp of Notary) Notary Public -State of _____ ~~:--__ -- (State) Page 50f5 (Serial Number) (Expiration Date) Attachment C -5 of 5 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) ror _________ ~~--__ ~~~~~---~--~-----------------(Print name of entity submitting swom 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. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, 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. 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 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. I 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 Statues, 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 Attachment D • 1 of 2 provision of goods or 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 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 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, 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 lWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this ____ day of ___________ , 20 __ . Personally known ___________________________ _ Or produced identification __________ _ (Type of identification) Notary Public-State of _____ _ My commission expires ____ _ (Printed, typed or stamped commissioned name of notary public) Attachment D -2 of 2 MIAMI DAilY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O. V_ FERBEYRE, who on oath says that he or she is the VIC~ PRESID~N~ , Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County. Florida; that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of ' CITY OF SOUTH MIAMI PUBLIC HEARING -FEB. 5, 2013 in the XXXX Court, was published in said newspaper in the issues of 01/25/2013 Affj~nt further says that the said Miami Dally Business RevIew Is a newspaper published at Miami In said Miami·Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County Florida, each day (except Saturday. Sunday and Legal Holidays) , and has been entered as second class mall matter at the post office In Miami in said Miaml·Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securin is adv e ent for publication in the said 2013 O.V. FERBEYRE persona CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the CUy of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, February 5, 2013, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to execute an agreement, not to exceed a term of three years, with the law firm of Nabors, Giblin & Nickerson, P _A., to represent the City of South Miami during the negotiations of the franchise renewal agreement with FPL. { A Resolution authorizing the City Manager to enter into thes Community Space Lease Agreement with Miami-Dade County for lease of 6701 SW 62 Avenue, South Miami, Florida for one . (1) year with a one (1) option to renew. . An Ordinance relating to public records; amending the City of South Miami Code of Ordinances Section 2-18, (a) through (g) entitled. "Phete!.lFaflRIII!.l Imaging and destruction of public records". An Ordinance relating 10 lobbyists; amending tile City of South Miami Code of Ordinances Section 8A-5, (c) (1) entitled "Registration and filing requirements' • and © (6) entitled "Fees·, and, (d) (1) "List of expenditures'. An Ordinance amending the SeCtion 20-3.3(0) of the City'S Land Development Code adding Automotive Repair and Body Shop as a special use within the GR -General Retail Zoning District. ALL interested parties are invited to attend and will be heard. For further informatiOn, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with' respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and Ihat lor such purpose, affected person may need to ensure Ihat a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal Is to be based. 1125 13-3-265/2020630M THE MIAMI HERALD MiamiHerald.com SUNDAY JANUARY 27,2013 r·21sE··