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Res. No. 263-99-10886RESOLUTION NO. 263 -99 -10886 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT FY 2000 OF $5,135.00; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; DESIGNATING $1,711 FROM ACCOUNT NUMBER 1910 -521- 1410, ENTITLED "REGULAR OVERTIME BUDGET OF THE POLICE DEPARTMENT," AS THE MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice through the Federal Drug Control and System Improvement program, has allocated through Miami - Dade County for the City of South Miami $5,135.00 for the revitalization of the Crime Prevention Program; and WHEREAS, the Police Department desires to use the funds to re- energize and increase public awareness and the need of neighborhood crime prevention; and WHEREAS, the matching funds requirement of the grant, $1,711.00, would not adversely affect the operations of the Police Department; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to accept money from the Federal Drug Control and System Improvement Program Grant through Miami - Dade County in an amount of $5,135.00. Section 2. The City Manager is authorized to designate $1,711.00 from the regular overtime budget of the Police Department (account 41910 -521 -1410) as matching funds as required by the grant. Section 3. The City Manager is authorized to execute any subsequent documents relative to obtaining this grant. Page 2 of Resolution No. 263 -99- 10886 Section 4. That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this 21stday of December '1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CIT TORNE APPROVED: J +& MAYORR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Bass: 4 -0 Yea Yea Yea Yea Not Present City of South Miami INTER- OFFICE MEMORANDUM TO: Mayor and City Commission Date: December 14,1999 FROM: Charles Scurr ? O� , Re: Agenda Item #� City Manager z JG" Comm. Mtg. Dec 21, 1999 FDC IP r n S Gat REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT FY 2000 OF $5,135.00; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; DESIGNATING $1,711.00 FROM ACCOUNT NUMBER 1910 -521 -1410, ENTITLED "REGULAR OVERTIME BUDGET OF THE POLICE DEPARTMENT," AS THE MATCHING FUNDS REQUIRED BY THE GRANT: AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On May 12, 1999, the Police Department made application for the Federal Drug Control and System Improvement Program Grant. On October 5, 1999, we received the award letter from Miami -Dade County. The attached Resolution is an effort by the Police Department to secure federal funding under the Federal Drug Control and System Improvement Program Grant through Miami - Dade County to re- energize and expand public awareness of crime prevention within the community. In the early 1980's, a substantial increase in the crime rate in the City of South Miami led to one initiation of several crime prevention efforts relating to Citizens Crime Watch. Members of the Police Department helped organize several neighborhood crime watch groups and met with local merchants groups to promote Business Crime Watch programs. After achieving success in the mid- 1980's, utilizing these programs resources were reallocated as apathy set in. In the ensuing years the Police Department has realized a steady increase in crime and lack of community involvement in the area of crime prevention. It is the desire of the Police Department to re- energize the cooperation of it's residents in crime prevention and expand public awareness to all segments of the City. The acceptance of this grant would assist in re- energizing this program. The matching funds would come from the existing overtime budget, the line item "Overtime" (1910- 521 - 1410). Current approximate balance in account $226,078.64 This request 1.711.00 Approximate resulting balance in account $224,367.64 RECOMWNDATION Your approval is respectfully requested. CSBR/sh I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 5 THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND 6 SYSTEM IMPROVEMENT PROGRAM GRANT FY 2000 OF 7 $5,135.00; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; 9 DESIGNATING $1,711 FROM ACCOUNT NUMBER 1910 -521- 10 1410, ENTITLED "REGULAR OVERTIME BUDGET OF THE II POLICE DEPARTMENT," AS THE MATCHING FUNDS 12 REQUIRED BY THE GRANT; AND PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the United States Department of Justice through the Federal 16 Drug Control and System Improvement program, has allocated through Miami - 17 Dade County for the City of South Miami $5,135.00 for the revitalization of the 18 Crime Prevention Program; and 19 20 WHEREAS, the Police Department desires to use the funds to re- energize 21 and increase public awareness and the need of neighborhood crime prevention; 22 and 23 24 WHEREAS, the matching funds requirement of the grant, $1,711.00, would 25 not adversely affect the operations of the Police Department; and 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 29 30 Section 1. The City Manager is authorized to accept money from the 31 Federal Drug Control and System Improvement Program Grant through Miami - 32 Dade County in an amount of $5,135.00. 33 34 Section 2. The City Manager is authorized to designate $1,711.00 from 35 the regular overtime budget of the Police Department (account #1910 -521 -1410) 36 as matching funds as required by the grant. 37 38 Section 3. The City Manager is authorized to execute any subsequent 39 documents relative to obtaining this grant. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 4. That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this day of 11999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Bass: *1 of HUAif* F S 9 O'In D H S. !o`! Yvur Ne\9d�o` Miami -Dade County Department of Human Services Director's Office STEPHEN P. CLARK CENTER 111 NW FIRST STREET SUITE 2210 MIAMI, FLORIDA 33128 -1912 (305) 375 -5416 FAX (305) 375 -4238 MIAMMDE September 30, 1999 Chief Cokes Watson South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 RE: Contract Award FY2000 Drug Control and System Improvement Program Community Policing Chief Watson: are pleased to provide you with the contract for your program under the Dade unty Drug Control and System Improvement Program FY2000. The federal funds $5,135 and the 25% Cash Match which your city has agreed to provide is 711, making the total amount of the project budget not to exceed $6,846. are providing you with 4 sets of contracts for your program. Each of the four tracts must have the ORIGINAL signatures of the Manager/Mayor and City Clerk, must have the city seal affixed on the contract signature page. Also, the contracts ude several Affidavits which require an ORIGINAL and notarized signature. Upon ring by your city officials, the contracts are to be returned to this office along with City Council resolution to accept these funds. Our staff will complete the execution cess in the County and send you a fully executed contract for your records. mbursement for First Quarter expenditures can occur ONLY if the contract is fully led by the jurisdiction and returned to the Department of Human Services with the council resolution. In accordance with your communication with this office, it is our understanding that Captain Bruce Ross is the designated contact person for this project. As such, all routine correspondence and reporting activities throughout the grant year will be iirected to your contract designee. Please notify us immediately if this designation -hanges. If you have any questions on this matter, please contact me or LaWanda S. Scott of my Aaff, at 375 -5043. I look forward to working with you this year! Sincerely, G ✓ .� I tichard W. Harris, Jr. 3roiect Director MIAMI -DADE COUNTY AGREEMENT This Agreement, made and entered into this day of 1999, by and between Miami -Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY ", through its DEPARTMENT OF HUMAN SERVICES and the CITY OF SOUTH MIAMI located in Miami -Dade County, Florida hereinafter referred to as the "PROVIDER ", provides the terms and conditions pursuant to which the PROVIDER shall provide a COMMUNITY POLICING PROGRAM. WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100 -690, the Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT, and WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the PROVIDER to carry out on behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement, and WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance to Miami -Dade County and being duly executed by both parties, whichever is later, and Page 1 of 12 WHEREAS, the COUNTY is desirous of supporting an expansion of the services provided by the COMMUNITY POLICING PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY POLICING PROGRAM and WHEREAS, the COUNTY as contractor /grantee for the State of Florida is authorized to purchase said services for COMMUNITY POLICING PROGRAM as an allowable activity under the ACT, and WHEREAS, the COUNTY requires the above - mentioned services from the PROVIDER in order to fulfill its contractual obligations under the aforementioned grant, and NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto intending to be legally bound, agree as follows: I. SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. H. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 1999 through September 30, 2000. III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of State funds, the maximum amount payable under this Agreement shall not exceed $5,135 . The breakdown of this amount by budget category is included in the budget schedule found in Attachment B of this,Agreement. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. IV. CASH MATCH REQUIREMENT. The PROVIDER shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the COUNTY, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REOUEREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti -Drug Abuse Act The PROVIDER agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 913-61. Furthermore, this Page 2 of 12 AGREEMENT shall incorporate by reference the provision of that certain document entitled "State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Application for Anti -Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting. The PROVIDER agrees that funds received under this Agreement shall be utilized to supplement, not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti -drug law enforcement activities, in accordance with Rule Chapter 9B- 61.006 (5) of the ACT. VI. CONTINUITY OF SERVICES. Provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Designate a contract coordinator who shall be responsible for 1) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER Any PROVIDER shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentality's from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentality's may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the PROVIDER or its employees, agents, servants, partners, principals or subcontractors. PROVIDER 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. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the PROVIDER shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the PROVIDER arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the PROVIDER. IX. INSURANCE. As a political subdivision of the State as defined by section 768.28, Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. Page 3 of 12 X. LICENSURE AND CERTIFICATION. Ensure that all other licensed professionals providing COMMUNITY POLICING PROGRAM services shall have appropriate training and experience in the field in which he /she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person under the employ of the PROVIDER, who exercises any function or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. XII. CIVII, RIGHTS, The PROVIDER agrees to abide by Chapter 11A, Article IV of the Code of Metropolitan Dade County ( "County Code "), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sect. 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42, U.S.C. Sect. 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 Transit Act, 49 U.S.C. Sect. 1612, and the Fair Housing Act, 42 U.S.C. Sect. 3601 et seq. If the Provider 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 these Acts, the County will conduct no further business with the PROVIDER. Any contract entered into based upon a false affidavit shall be voidable by the County. If the PROVIDER violates any of the Acts during the term of any contract the PROVIDER has with the County, such contract shall be voidable by the County, even if the PROVIDER was not in violation at the time it submitted its affidavit. XIII. NOTICES. Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by mail or by FAX to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others): If to the COUNTY: Miami -Dade County Department of Human Services 111 NW 1st Street, Suite 2210 Miami, Florida 33128 Attention: Mr. Richard W. Harris, Jr. Page 4 of 12 If to the PROVIDER: South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Attention: Asst. Chief Michael Mills XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not agents or employees of the COUNTY. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the PROVIDER shall have occurred under this Agreement if the PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein. B. COUNTY Remedies. If the PROVIDER breaches this Agreement, the COUNTY may pursue any or all of the following remedies: 1. The COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) days prior written notice to the PROVIDER of such intent to terminate or reduce services. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the provider with the County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect cost associated with such termination, including attorney's fees; 2. The COUNTY may suspend payment in whole or in part under this Agreement by providing written notice to the PROVIDER of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the COUNTY may also suspend any payments in whole or in part under any other contracts entered into between the COUNTY and the PROVIDER. The PROVIDER shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. If, for any reason, the PROVIDER should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County 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 (5) days before the effective date of such termination. The COUNTY may terminate or cancel any other contracts which such entity has with the county. Such entity shall be responsible for all direct or indirect costs associated with such Page 5 of 12 termination or cancellation, including attorney's fees. Any entity who attempts to meet is contractual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. 4. Any other remedy available at law or equity. The County Manager is authorized to ternnate this Agreement on behalf of the County. C. Damages Sustained Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement, and the COUNTY may withhold any payments to the PROVIDER until such time as the exact amount of damages due the COUNTY is determined and properly settled. The PROVIDER shall be responsible for all direct and indirect costs including attorney's fees, associated with any legal or equitable remedies the county may wish to pursue. XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. XVH. PROJECT BUDGET AND PAYMENT PROCEDURES The PROVIDER agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance Funds may be shifted between approved line items, not to exceed' fifteen percent (15 %) of the total budget, without a written amendment. Variances greater than fifteen percent (15 %) in any line approved line item shall require a written amendment approved by the Department. B. Recapture Funds At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S Year -To -Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the COUNTY. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the COUNTY will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures The County agrees to pay the PROVIDER for services rendered under this Agreement based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost -basis Agreement and the Page 6 of 12 PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section M. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2000. D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIII. E. The COUNTY agrees to review invoices and to inform the PROVIDER of any questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVEEL INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY A. Acquisition of Property. The PROVIDER is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the PROVIDER organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the PROVIDER organization can meet identified needs. While there is no prescribed standard for such review, the PROVIDER procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER organization. The establishment of a screening committee may facilitate the process; however, the PROVIDER may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the PROVIDER's organization. The COUNTY must ensure that the screening referenced above takes place and that the PROVIDER has an effective system for property management. The PROVIDER is hereby informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damage or Theft of E ui ment The PROVIDER is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. Page 7 of 12 E. Management, The PROVIDER procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, as a minimum, meet the following requirements: 1. Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of COUNTY participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2. a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3. a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as appropriate; 4. adequate maintenance procedures must exist to keep the property in good condition; and 5. if the PROVIDER is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. G. Year 2000 Compliant The PROVIDER warrants that any and all computer systems and equipment utilized with this program are year 2000 compliant or that, at the PROVIDER'S sole cost and expense, the necessary steps shall be taken to make such computer systems and equipment year 2000 compliant prior to January 1, 2000. XIX, RECORDS, REPORTS, MONITORING AND AUDITS EVALUATION STUDIES The PROVIDER shall keep records of program services in sufficient detail to provide any reports which may be requested by the COUNTY. A. Records. All program records will be retained by the PROVIDER for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for the COMMUNITY POLICING PROGRAM services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A 4. The records of all other program services provided under this Agreement. B. Reporting Requirements. As to required reports, the PROVIDER shall: 1. Quarterly Project Performance Report and Invoice Submit Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2000 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. Page 8 of 12 2. Other Required Reports The PROVIDER shall submit other reports as may be required by the Department of Human Services during the program year. C. Changes to Reporting Requirements The PROVIDER understands that the COUNTY may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit Make available for review, inspection, monitoring or audit by the COUNTY without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The PROVIDER shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the COUNTY to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Independent Private Sector Inspector General Reviews. Pursuant to Miami -Dade County Administrative Ordinance 3 -20, the PROVIDER is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereafter "IPSIG "), whenever the county deems it appropriate. 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 for inspection and copying. The COUNTY shall be responsible for the payment of these IPSIG services, and under no circumstances shall the provider's budget and any changes there to approved by the COUNTY, be inclusive of any changes relating to these IPSIG services. F. Evaluation Studies. PROVIDER agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Housing and Community Development, Bureau of Community Assistance. This participation shall at a minimum include access to PROVIDER's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The PROVIDER shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. The PROVIDER shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. B. Religious Purposes County funds shall not be used for religious purposes. C. Commingling Funds. unds The PROVIDER shall not commingle funds provided under this Agreement with funds received from any other funding sources. Page 9 of 12 XXI. MISCELLANEOUS. A. This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the PROVIDER regarding the provision of the services described in Attachments A and B. B. 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 Manager 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. C. Nothing herein shall alter, affect, modify, change or extend any other agreement between the PROVIDER and the COUNTY unless specifically stated herein. D. All reports, information documents, tapes and recordings, maps and other data and procedures, developed, prepared, assembled or completed by the PROVIDER in connection with the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this Agreement shall become the property of the COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. E. Agreement Guidelines The Provider agrees to comply with all applicable federal state and county laws, rules and regulations, which are incorporated herein by reference as set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. F. Amendments. Any alterations, variations, amendments, or other modifications of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15 %) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Agreement between the parties. The County Manager is authorized to make amendments to this Agreement as described herein on behalf of the COUNTY. G. Publicity. It is understood and agreed between the parties hereto that this PROVIDER is funded by Miami -Dade County. Further, by acceptance of these funds, the PROVIDER agrees that events and printed documents funded by this Agreement shall recognize the funding source as follows: This program was supported by a grant awarded to Miami -Dade County Department of Human Services, State of Florida Department of Community Affairs and U.S. Department of Justice, Bureau of Justice Assistance (BJA). Page 10 of 12 H. Sub - Contracts. The Provider agrees not to enter into sub - contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written approval of the COUNTY and that all sub - contractors or assignees shall be governed by the terms and conditions of this Agreement. I. Heading, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used in herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. J. Total of Agreement /Severability of Provisions The twelve (12) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Agreement Program Review (Scope of Services) Attachment B: Agreement Program Budget Attachment C: Quarterly Project Performance Report & Invoice Attachment D. Miami -Dade County Affidavits No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby such remainder would then continue to conform to the terms and requirement of applicable law. Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers, the day and year first above written. Signature Name (typed) ATTEST: M ATTEST: HARVEY RUVIN, CLERK By: Deputy Clerk Title (Corporate Seal) MIAMI-DADE COUNTY, FLORIDA Page 12 of 12 L-fi Merrett R. Stierheim County Manager SUMMARY OF ATTACHMENTS ATTACHMENT A Agreement Program Narrative - Scope of Service ATTACHMENT B Agreement Budget - Program Budget ATTACHMENT C Quarterly Program Performance Report and Invoice ATTACHMENT D Miami -Dade County Affidavits ATTACHMENT A Agreement Program Narrative - Scope of Service PROGRAM NARRATIVE Jurisdiction Name: SOUTH MIAMI Address: 6130 Sunset Drive, South Miami, FL 33143 Program Area: COMMUNITY POLICING Contact Person: Asst. Chief Michael Mills 663 -6310 PH -- 663 -6353 FX Program Dates: 10/01/99 -- 09/30/00 Program Name: South Miami Community Policing Revitalization Target Population: City Residents Problem Identification In the early 1980's a substantial increase in the crime rate in the City of South Miami led to the initiation of several crime prevention efforts relating to Citizens Crime Watch. Members of the police department helped organize several neighborhood crime watch groups and met with local merchant groups to promote Business Crime Watch programs. After achieving success in the mid- 1980's utilizing these program, resources were reallocated as apathy set in. Previous Activities in this Purpose Area/Unmet Needs In the ensuing years, the South Miami Police Department has realized a steady increase in crime and the lack of community involvement in the area of crime prevention. It is the desire of the South Miami Police Department to re- energize the cooperation of it's residents in crime prevention and expand public awareness to all segments of the city. Demographic Data Based upon 1990 US Census data, South Miami has a population of 10,404. 21 % of its population are children under 17. 46% of the City's families have children, 14% of those are families headed by a female. Of those families, 41% are poor. Program Description In this new program year, the South Miami Police Department will implement a Citizens Crime Watch Program that will offer services targeted at the various needs of the community. Officers will target specific neighborhoods and arrange crime watch/ prevention meetings in a different area every two weeks. The neighborhood Crime Watch program will support five programs during each of these meetings. Combat Auto Theft (CAT) - This program will target the problem of auto theft, by registering vehicles and affixing decals to cars that should not be on the road between the hours of Ia.m. and 5a.m. Household Efforts Against Theft (HEAT) - This two part program involves the pre- registration of residences to decrease police response time when answering a call, in addition, police personnel will provide home security surveys for community residents. Business Efforts Against Theft (BEAT) - This program offers the same services as HEAT, except services are aimed at the business community. Senior Citizen Assistance Notification (SCAN) - Targeting seniors who live alone, this program will develop a communications system that will allow the police department to monitor senior citizens and assist them with some of their needs. Watch Orders - Residents will be encourage to inform the police department of times when they are away form home. These homes will be checked periodically by officers on duty. Jurisdiction Name: SOUTH MIAMI Address: 6130 Sunset Drive, South Miami, FL 33143 Program Area: COMMUNITY POLICING Program Name: South Miami Community Policing Revitalization Contact Person: Asst. Chief Michael Mills 663 -6310 PH -- 663 -6353 FX Program Dates: 10/01/99-- 09/30/00 Target Population: City Residents Proposed Activities Planned Measures Monitoring Plan 4.13.09 To conduct 100 security Formation of a Citizens Crime Program Plan and Activity surveys during the grant period. Watch Program Schedule. 4.13. 10 To create a Citizens Crime 1 officer to hold 26 Crime Watch Meeting announcements, attendance Watch Program during the grant meetings records, etc. period to include the following services: CAT, HEAT, BEAT, SCAN, and Watch Orders. Conduct security surveys Participant list and meeting attendance records Copies of invoices for materials purchased. Copies of Payroll records Asst. Chief Michael Mills, SMPD Richard W. Harris, Jr., DHS ATTACHMENT B Agreement Budget - Program Budget PROGRAM BUDGET Jurisdiction Name: SOUTH MIAMI Program Area: COMMUNITY POLICING Program Name: South Miami Community Revitalization Target Population: City Residents Salaries and Benefits, Total 1 Officer X 3 hours a week X 26 weeks X $31.49 (Overtime) Contractual Services, Total Production of a Crime Prevention Video Expenses, Total Refreshment for meetings miscellaneous program supplies Total Budget Dade County will reimburse an amount not to exceed: $5,135 The 25% CASH MATCH for this grant is: $1,711 The source of the CASH MATCH is: Law Enforcement Trust Fund, South Miami 09/24/99, SM$OO.WK4 Contact Person: Asst. Chief Michael Mills (305) 663 -6310 PH -- (305) 663 -6337 FX Program Dates: 10/01/99-11/01/00 $2,456 $2,456 $4,000 $390 $340 $50 $6 846 ATTACHMENT C Quarterly Program Performance Report and Invoice Quarterly Project Performance Report Drug Control and System Improvement Formula Grant Program COMMUNITY POLICING PROJECT PURPOSE AREA 4B (Jurisdiction Name) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE CONTRACT ED NUMBER: 2000-Cl-D8-11-23-01-038 *For example, if your project began in October, this is Report Number 1. Record Number. Period. and Date below: Report Ntlmber .. Qttarterlyenod .. .. ....... ... ..... ........ Ix 1'—:10, 1" WA. 19. NOTE: All jurisdictions must complete Sections I through 5. Section 6 must be completed following each jurisdiction's noted instructions. PROJECT NARRATIVE must be completed by all jurisdictions following this section's instructions. Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being "Out of Compliance" and their Reimbursement Request will be delayed. Miami Dade Department of Human Services Form Revised 9/99 Report Nurrlaer ... .... ym 2 January I - March 31 April 15 3 April I -June 30 July 15 4 July I - September 30 October 15 1 * I October I - December 31 January 15 *For example, if your project began in October, this is Report Number 1. Record Number. Period. and Date below: Report Ntlmber .. Qttarterlyenod .. .. ....... ... ..... ........ Ix 1'—:10, 1" WA. 19. NOTE: All jurisdictions must complete Sections I through 5. Section 6 must be completed following each jurisdiction's noted instructions. PROJECT NARRATIVE must be completed by all jurisdictions following this section's instructions. Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being "Out of Compliance" and their Reimbursement Request will be delayed. Miami Dade Department of Human Services Form Revised 9/99 413.01 Coral Gables, Hialeah, Homestead, Miami, North Miami, Sweetwater, West Miami, Miami Dade 1) During this reporting period, how many commuity service events, including neighborhood clean ups were conducted? (list the type and /or setting of the event) 4B.02 Bal Harbour, Biscayne Park, Homestead, Miami Beach, Miami Springs, North Bay Village, Pinecrest Sunny Isles, Surfside, Virginia Gardens 2) During this reporting period, were Bicycle Patrols conducted? a. No. of officers b. No. of hours 4B.03 Golden Beach, Miami Springs ;) During this reporting period, how many alternative drug free events were conducted. (List the names of these events) 4B.04 Bal Harbour, Miami, Miami -Dade 4) During this reporting period, how many meetings with community leaders for the purpose of identifying neighborhood problems 4B.05 Aventura, Hialeah, North Bay Village, North Miami, North Miami Beach, Opa Locka, Sunny Isles, Sweetwater, Miami -Dade 5) During this reporting period, how many crime prevention education classes were presented? (list names of the groups to which these presentations were made) 4B.06 Hialeah, Miami Shores, Miami -Dade 6) During this reporting period, how many individuals were provided crisis intervention or counseling services? 413.07 Coral Gables, Sweetwater 7) Did the project create or expand one or more community or neighborhood recreation center programs? a. Did the center activities include arts and crafts? b Did the center activities include music activities? c. Did the center activities include drama and theater activities? d. Did the center activities include academic tutoring? e. Did the center activities include table games? f Did the center activities include drug awareness and prevention education? g. Did the center activities include sports? (list sporting activities) 413.08 Miami Shores, South Miami, Surfside 8) During this reporting period, how many security surveys were conducted? 4B.09 Homestead, South Miami, West Miami 9) During this reporting period how many neighborhood watch meetings were conducted? 4B.10 Miami -Dade, West Miami 10) During this reporting period, how many households were provided with Operation ID services? Project Narrative (Please include a brief narrative detailing your progress in meeting your program objectives. ) Miami -Dade Count\_ Communit\ Policing Resolution R- 626 -99 Grant HSB420 QIN-V CP Revised 09/28/98 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE [To Be Typed on Jurisdiction's Letterhead] Cin': Project Name: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER 1. Total Federal Budget $ 3. Amount Previous Invoices $ Budget Categories 1. Salaries & Benefits 2. Other Personnel Services (Tempos , Employees'Convaaual) 3. Expenses 4. Total Claim Costs October I - December 31 January I • March 31 April I June 30 July 1 September 3C Date of Claim: Claim Number: Report Due Januar% 15 Report Due April 15 Report Due June 15 Report Due October 15 2. Amount This Invoice 4. Remaining Balance $ (75 %) (Subnct Lines 2 d 3 hom L e p Line Item Exceeds Federal Local Total Disallowed Budget Funds Match Funds (75 %) (25 %) (100 %) We request payment in accordance with our contract agreement in the amount of 75% of Total Costs for this Claim $ (75 %), the balance of costs, $ (251/6), to be recorded as our in -kind contribution to comply with the local cash match requirement. Attached please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received for which reimbursement is requested. Respectfully submitted, Chief of Police /Other City Official Payment Approved, Miami -Dade Miami -Dade Count Commirnin Policing Resolution R- 626 -99 Grant HSB420 Cin': Page 2 of 3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll Expenses Date of Claim: Project Name: Claim Number Costs Incurred During the Period of: FIRST QUARTER October 1 - December 31 Report Due January 15 SECOND QUARTER January 1 - March 31 Report Due April 15 THIRD QUARTER April 1 - June 30 Report Due June 15 FOURTH QUARTER July 1 September 30 Report Due October 15 Officer /Staff Name Date of Actnin Tvoe of Acti% tc' Total Hours •(Presentation. Parent Meeting, Field Trip, etc.) TOTAL HOURS AT $ PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ OFFICER/STAFF SIGNATURE OFFICER/STAFF SOCIAL SECURITY N CHIEF OF POLICE /CITY OFFICIAL SIGNATURE IS CORRECT. I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: School Principal's Signature NOTE: Bookkeeping report documenting payroll expenses must be attached to process payment. Miami -Dade Counn CommunAN Policing Resolution R- 626 -99 Grant HSB420 Page 3 of 3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE (Equipment, Supplies, Material Expenses) City: Project Name: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October 1 - December 31 January 1 - March 31 April 1 - June 30 July 1 September 30 Date of Claim: Claim Number: Report Due January 15 Report Due April Is Report Due June 15 Report Due October 15 Vendor Item Descriotion Date Paid Check No. Amount TOTAL AMOUNT EXPENSES NOTE: Copies of all invoices and checks for this request must be attached to process payment. ATTACHMENT D Miami -Dade County Affidavits r.ttacnment L MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or othenyise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT: DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any 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: Affrant The full legal name and business address of the person(s) or entty contracting or transacting business with Miami -Dade Count} 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 MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the Countv 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. If the contract or business transaction is with a trust the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly - traded corporations or 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. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % 6/99 Page 1 of 5 II. lull The full legal names and business address of anv other individual (other than subcontractors, materialmen. suppliers. laborers. or lenders) who have, or will have. any interest (legal. equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post OIAcc 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 hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. MIAMI-DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations. each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10.000) or more shall require the entiq 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 thereof or any municipality of this State. Does vour 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 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 AFFIRMATIVE ACTIONINONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5.000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall 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. 6199 Page 2 of 5 The requirements of Count Ordinance No. 98 -30 may be waived upon the written recommendation of the Count Manager that it is in the best interest of the Count to do so and upon approval of the Board of County Commissioners by majorit vote of the members present. 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 or ethnicity of each board member, to the Count's Department of Business Development 175 N. W, 1st Avenue, 28th 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 reviews to determine effectiveness. and has submitted the plan and policy to the County's Department of Business Development 175 N.W. V 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 -DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the Count Code) The individual or entity entering into a contract or receiving funding from the Count _ has _ has not as of the date of this affidavit been convicted of a felon during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the Count) has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI -DADS COUNTY CUBA AFFIDAVIT (County Resolutions R- 202 -96 and R- 206 -96) That neither the firm (individual, organization, corporation. etc.) submitting this bid or proposal or receiving this contract award or anv of its owners, subsidiaries. or affiliated or related firms has: engaged in the purchase, transport, impottation or participation in any transaction involving merchandise that: a. is of Cuban origin; or b. is or has been located in or transported from or through Cuba: or C. is made or derived in whole or in pan of any article which is the growth, produce or manufacture of Cuba; 2. engaged in any transaction in which a Cuban national or the government of Cuba with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest: 3. been a party, to, or had an interest in any franchise, license or management agreement with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest: 4. had or held any investment, deposit, loan borrowing or credit arrangement or had any other financial dealings with a Cuban national or &.c government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest; 5. subcontracted with, purchased supplies from, or performed billing or collection services for any person or entity that does business with Cuba as provided in "1" through "4" above. 6199 Page 3 of 5 6. traveled to Cuba in violation of U.S. travel restrictions during the ten year period preceding the due date for submittal. Vi. MIAMI -DADS EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County. Florida the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safeq, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from die provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. VII. MIAMI -DADS EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 11 A -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County. Florida an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period. for medical reasons, for the birth or adoption of a child. or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency. thereof. It shall, however, pertain to municipalities of this State. VIII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any, subcontractor, or third part contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employrnent, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Tide I, Employment; Tide 11, Public Services; Tide III. Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any 6/99 Page 4 of 5 department or agency, thereof. the State or any political subdivision or agency thereof or any municipalin of this State. _ IX. MIAMI -DARE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm. corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes — including but not limited to real and property taxes. utility taxes and occupational licenses — which are collected in the normal course by the Dade County Tax Collector as %cell as Dade Counn issued parking tickets for vehicles registered in the name of the frrn corporation. organization or individual have been paid. X. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500.000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade Countv and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R- 702 -98 and R- 358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. By.: (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 19 by presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp Slate of (State) 6/99 Page 5 of 5 (Date) day. of He /She is personally known to me or has (Serial Number) (Expiration Date) Notary Seal