Res. No. 175-97-10145RESOLUTION NO.175-07-1Q145
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT TO CONTINUE THE CITY'S PARTICIPATION
WITH METRO DADE COUNTY ON THE RENEWAL OF THE "COMMUNITY
SPACE LEASE AGREEMENT",WHICH LEASES SPACE TO THE SOUTH
MIAMI SENIOR CENTER FOR THE 1997-1998 YEAR.
WHEREAS,the City of South Miami participates with Metro Dade
County in various agreements;and
WHEREAS,the City of South Miami has maintained an agreement
with Metro Dade County forthe utilization of their facility torun
the South Miami Senior Center;and
WHEREAS,in order to continue participating in this lease
agreement,the City Administration must execute a renewal
agreement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager is hereby authorized to
execute the Renewal of agreement "Community Space Lease Agreement",
for the continuation of the leased space for the Senior Center.
Section 2 This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this Ijj day of Augus
ATTEST:ATTEfc
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
a:\res.leasehudseniors9 7
COMMISSION VOTE 5-0
Mayor:PriceYea
Vice Mayor:Robaina Yea
Commissioner:Oliveros Yea
Commissioner:Young Yea
Commissioner:Bethel Yea
TO:
FROM:
City of South Miami
Parks&Recreation Department
Inter-Office Memorandum
'ayor &Commission DATE:August 6,1997
isWhitt^mTL.Dennis
City Manager ^
SUBJECT:Agenda Item f/T
Commission Meeting
August 19,1997
Agreement -Metro Dade
Community Space Lease
Agreement
TheattachedresolutionseeksapprovalforanagreementwithMetroDadeCounty,onthematter
oftheCommunitySpaceLeaseAgreement,whichapprovesourSeniorCentertorunfromtheir
facility.
TheSeniorProgramhasbeena tremendous benefittotheresidentsofSouthMiamiand
surrounding areas,thatIrecommendapprovalforrenewalwithMetroDadeCounty.
c:\wpdocs\agendaJiud97seniors
COMMTTNTTY SPAPF T.FASF AOPFFMF^
This Community Space Lease Agreement,made this 22 day 0f Tll1y 1QO 7 ^
entered into by and between Metropolitan Dade County,a political subdivision of the State of Florida
(hereinafter referred to as "County")through its Metro-Dade Housing Agency (hereinafter
"Landlord"),located at and (hereinafter
referredtoas 'Tenant/Provider7')whoseaddressis 6130 Sunset Drive,South Miami,
WHEREAS,the Home Rule Charter authorizes 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,
homeownership participants and other government assisted housing participants;and
WHEREAS,the County is desirous of obtaining such services ofthe Tenant/Provider forits
housing residents andthe Tenant/Provider is desirous of providing such services;and
WHEREAS,the County agrees to lease its space onits assisted housing premises to the
Tenant/Provider sothat Tenant/Provider can provide its services to assisted housing residents and
accordingly passed Resolutions 891-92 and 289-89;
NOW,THEREFORE,in consideration ofthe mutual covenants recorded herein,the parties
heretoagreeasfollows:
L the PREMISES.The Landlord shallleasetotheTenant/Providerthe premises locatedat
6701 SW 62 Avenue.South Miami,Florida 33143 .
IL THE SCOPE OFSERVICES.Whilethe Tenant/Provider isinpossessionofthe premises
described in paragraph I of this Agreement,the Tenant/Provider agreesto render theservicesin
accordance withthe scope of services incorporated herein and attached hereto as Attachment A.
Tenant/Provider agrees that at least 50to70 percent of its clients at any onetime shall be
residents of Dade County assisted housingandshallincludepublichousing residents,Section8
recipients,home owenrship participants and other government assisted housing participants.
Tenant/Provider shall actively seek residents of Dade county assisted housing clients.Failure to
provide the services described in Attchment A shall be grounds for termintion of this agreement.
Failuretoserveassisted housing residents atthe percentage levels described above shall be grounds
for termination of this Agreement
Tenant/Provider shall report the following information in writing ona quarterly basistothesite
manager of Metro-Dade Housing Agency (MDHA)who oversees the premises described in
Paragraph Iofthis Agreement:theactual number of assisted housing residents served withinthe
previous sixmonthsandthetypeofservicestheyreceived;the percentage of itsclientswhoare
assisted housing residents;andthe percentage ofits clients who are children of assisted housing
residents.
Page 1 of 9 s
111 AUTHORIZED AGENT ON PREMISES,Tenant/Provider shall designate a
responsible individual on site that is authorized to make decisions regarding the use of the
premises and services provided and shall communicate with the Landlord's site manager in
order to effectuate a cooperative and efficient use of the premises by the Tenant/Provider.
^MrrttCTIYE TERM,Both parties agree that the effective term of this Agreement shall be
from Jul?1997 to July 1998 ras agreement
may be renewed for two additional oneyear periods.
V.RENT PAYABLE.Tenant/Provider shall pay rent in the amount of
Ten Dollars ($10.00)per year plus any interest that accures on Tenant/Provider's security
deposit.The rent shall be due onor before the isth of each month
VL USE QF PREMISES,The Tenant/Provider agrees to use the premises only to provide the
services described inthescopeof services which is incorporated hereinand attached as Attachment
A Tenant /Provider shall leave the premises clean at the completion of programs each business day.
Tenant/Provider realizes thatthespace may beusedbyother persons or entities suchas residents
duringother times anddays.TheLandlordagreestoallowtheTenant/Providerfromtimetotime
utilize the space after normal business hours for the purposes of conducting meetings,trainings,or
for other program related reasons.The Tenant/Provider agrees to advise the Landlord's site manager
in advance ofthedateandtimeit desires tousethespaceafternormal business hours.
Tenant/Provider is responsible for securing itsownpersonalpropertyandagreestoholdDade
Countyharmless intheeventofloss,theft,ordamagewhenresidentprogramsareconductedinthe
leased space.Under no circumstance shall the provider usethiscountyowned property for religious
purposes.
VIL CONDITION OF PREMISES.TheLandlordshallensurethatthepremisesareinastate
of good repair and suitable for occupancy bythe Tenant/Provider at the commencement of this
Agreement.By entering intothis Agreement,the Tenant/Provider agreesthatthepremisesareina
stateofgoodrepairandsuitableforoccupancy.The Tenant/Provider shall returnthepremisestothe
Landlord inthe same condition as when received subject to normal wear anduse.
Tenant/Providershallcomplywithcommunity room capacity lawsand therefore shall ensure enough
spaceforthesafetyand enjoyment oftheparticipants.
TheLandlordhasthe right to inspect the premises atany time tosure that allterms of the lease are
being met Tenant/Provider must immediately takecorrectiveactionsasaresultofthe Landlord's
inspectionfindings.
VDL SECURITY DEPOSIT.Tenant/Provider shallpay Landlord a security deposit,of one
month'srentor $2000 whichever isgreater.Suchdeposit shall beappliedtorestoringpremisesto
astateofgood repair inthe event thepremisesarevacatedbythe Tenant/Provider.Interestonthe
depositshallgotothe Landlord as additional rent.
DC PARKING.Parkingspacesfor Tenant/Provider's program participants ,guestsorvisitorsshall
Page 2 of 9
f
be negotiated with the Landlord.The negotiated parking arrangements shall be reduced to writing
and attached to this Agreement as Exhibit B.Buses or commercial vehicles will only be permitted
to park at Landlord's facilities to make deliveries or drop off passengers.
X.UnLlTlttfi.Tenant/Provider shall pay for utilities directly to the correspondent utility company
If the meter covers several areas,Tenant/Provider shall pay the Landlord for its utility consumption
in proportion to the space it uses,as determined by the Landlord.The attached Exhibit Cindicates
howpaymentfor utilities shall bemade.
»
XL MAHNitilSANCE,Tenant/Provider shall be responsible for maintaining the premises.All
routine maintenance and minor repairs shall be performed at the Tenant/Provider expense.
If the Landlord performs routine maintenance and minor repairs on behalf of the Tenant/Provider,
the Landlord shall charge the Tenant/Provider for time and materials used.Routine maintenance and
minor repairs include but are not limited to plastering and interior paint;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 electric box;minor line blockages;replacing kitchen cabinets
andcountertops.
The Landlord shallbe responsible for major repairs.Major repairs include butarenot limited to:
replacement of roofs or central air conditioner units;structural repairs;interior electrical wiring;
electrical panel replacements and repairs;fire control systems;and exterior painting.
The Tenant/Provider shall notmake renovations orinstallany fixtures,equipment,fencing,
orlocks without prior written approval of Landlord.Allfixtures installed by Tenant/Provider
shall become the property of Landlord upon termination of the lease agreement.
The Tenant/Provider shall be responsible for reimbursement tothe Landlord foranyand all
losses or damages to property and/or equipment resulting from the operations of
Tenant/Provider's programs.
Tenant/Providershallmaintain and operate thepremisesina clean and sanitary condition andreturn
sameto Landlord atthe expiration or termination of this lease.
XII.KEYS.Locksmaybe changed withthe Landlord's permission atthe Tenant/Provider's
expense,if the Landlord's site manager is immediately furnished a set of keys.
XTTT.SIGNAGE.All signage must bein keeping with the residential nature of the property must
conformto,all applicable building and zoning laws,and must be approved in writing by Landlord
priorto installation.
XIV.JANITORIAL SERVICES.TheTenant/Providershallberesponsibleforall janitorial services
includingcleaning supplies.Intheevent that the Tenant/Provider requests janitorial services from
Landlord,serviceswillbeprovidedforafeetobenegotiated between Landlord and Tenant/Provider.
Thenegotiatedjanitorialservices and fee shall be reduced to writing and attached tothis Agreement
as Exhibit D.
XV.TRASH AND GARBAGE DISPOSAL.Tenant/Provider shall make all necessary
Page 3 of 9
it
S^entS;i°?faS fbmng'^l0Cal traSh "*garba^e ^P0^companies.TheTenant/Provider shaU pay for its trash and garbage disposal.
XVI EXTERMTNATTOJL The Tenant/Provider shall provide extermination of the premises bv a
professional exterminator as needed.In the event that the Tenant/Provider requests extermination
services from Landlord,services will be provided for a fee to be negotiated between Landlord and
renant/Provider.The negotiated extermination services and fee shall be reduced to writing and
attached to this Agreement.5
XVIL INDFMNTFTCATTOIV BY PT|OVTT>FT?
A.Goyemmffm Fintiry Any Tenant/Provider who is the Sate of Florida or an agency orpoliticalsubdivisionoftheState,as defined in section 768.28,Florida statutes,agrees to be folly
responsible for its negligent acts or omissions or intentional tortious acts which result in claims or
suits against the County,and agrees to be liable for any damages proximately caused by said acts or
omissions.Nothing herein is intended to serve as a waiver of sovereign immunity by any
Tenant/Provider to which sovereign immunity applies.Nothing herein shall be construed as consent
by the State of Florida or astate agency or political subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract.The Tenant/Provider,and its agents,
subcontractors,and employees,in the course of the operation of this Agreement.
B-M Other Tenam/Provirim The Tenant/Provider agrees to liable for all claims,suits,
judgements,or damages,including court costs and attorney's fees,arising out of the negligent or
intentional acts or omissions of the Tenant/Provider,and its agents,subcontractors,and employees,
in the course ofthe operation of mis Agreement.Further,the Tenant/Provider agrees to indemnify
the County against all claims,suits,judgements,or damages,including court costs and attorney's
fees,arising out ofthe negligent or intentional acts or omissions ofthe Tenant/Provide,and its agents,
subcontractors,and employees,in the course ofthe operation of this Agreement.
Also,the Tenant/Provider whether government entity or not agrees to defend the County,upon
receiving timely notification from the County,against all claims,suits,judgements,or damages,
including costsand attorney's fees,arising out of thenegligentorintentionalactsoromissionsofthe
Tenant/Provider,and its agents,subcontractors and employees,inthe course ofthe operation of this
Agreement.
XVTTT.TNSTTRANCF.
A.Government Entity.Ifthe Provider istheStateof Florida oranagencyor political
subdivision of the State as defined by section 768.28,Florida Statutes,the Tenant/Provider shall
furnish the County,upon request,written verification of liability protection in accordance withsection
768.28,Florida Statutes.Nothing herein shall be construed to extend any party's liability beyond that
provided in section 768.28,Florida Statutes.
B.All Other Tenants
1.Modificationand Changes TheTenantsshallnotifytheCounty of any
intended changesininsurancecoverage,includingbut not limitedtoanyrenewals of existing
Page4 of 9 m ^
IF
insurance policies.Upon review of the Tenant/Provider's Scope of Services (Attachment A)by the
County's Risk Management Division,the County may increase,decrease,waive or modify any of
thefollowinginsurance requirements.Any request bya Tenant/Provider todecrease,waiveor
modifyanyofthe following insurance requirements mustbe approved in writing bytheCounty's
Risk Management Division.
2.Minimum Insurance Requirements:Certificates of Insurant The Provider
shall furnish tothe Department,Metropolitan Dade County,c/o
Certificate(s)of Insuranceindicatingthat insurance.coverage hasbeenobtainedwhichmeetsthe
requirementsas outlined below:
a.Worker's CompensationInsuranceforall employees of the
Tenant/Provider asrequired by FloridaStatute440.
b.Public LiabilityInsuranceon comprehensive basisinamountnotless
than $300,000 combined single property damage.Dade County must
be shown asan additional insured with respect tothis coverage.
c.ProfessionalLiabilityInsurance,when applicable,inthename of the
Tenant/Provider in an amount not less than $300,000.
3.nassification and Ratings.The insurance coverage required shall include those
classifications,as listed in standard liability insurance manuals,whichmost nearly reflect the services
or operations described in the Scope of Services (Attachment A).
AH insurance policies required above shall be issued by companies authorized to do business under
thelaws of theState of Florida,with thefollowingqualifications:
The company must be rated no less than "B"as to management,and no less
than "Class V"as to financial strength bythe latest edition of 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
The company must hold avalid Florida Certificate of Authority as shown in
the latest "ListofAll Insurance Companies Authorized or Approved to Do
Business in Florida",issued by the State of Florida Department of Insurance
andare members of theFloridaGuarantyFund.
Certificates of Insurance shall indicate that no modification or change in insurance shall be made
without thirty (30)days written advance notice to the certificate holder.
C.Failure m Provide rertificate*nf Tnsmance.If the Provider 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 is provided with the necessary
Page5 of 9 '
Id
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
ofthis Agreement.
XIX.PROOF OF LICENSTTRE AND CFRTTFTCATTON.If the Tenant/Provider is required by
the Sate of Florida Metropolitan Dade County tobelicensedorcertifiedto provide the services or
operatethefacilities outlined intheScope of Services (Attachment A),theProvidershallfurnisha
copy of all 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
boardinghomes.
Ifthe Tenant/Provider fails to furnish theCountywiththelicensesor certificates required underthis
Section,theCountyshallnotdisburseanyfundsuntilitis provided with suchlicensesorcertificates.
Failure to provide thelicensesor certificates withinsixty(60)days of executionofthis Agreement
may result in termination of this Agreement
XX.CONFLICT OF INTEREST.The Tenant/Provider agrees to abide byandbe governed by
Dade County Ordinance No.72-82(Conflict of InterestOrdinance codified at Section 2-11.1 et Al.
of theCode of Metropolitan DadeCounty),asamended,which isincorporatedhereinbyreference
asit folly setforthherein,inconnectionwithitscontractobligationshereunder.
XXL CTVTL RIGHTS.The Tenant/Provider agreestoabide by Chapter 11A,Article IV of the
Code of Metropolitan DadeCounty("CountyCode"),asamended,which prohibits discrimination
in employment;Tide VII of theCivil Rights Act of 1968,as amended,which prohibits discrimination
inemploymentandpublic accommodation;theAge Discrimination Act of 1975%42 U.S.C,as
amended,whichprohibits discrimination in employment because of age;Section504 of the
Rehabilitation Act of 1973,29 U.S.C.§794,as amended,which prohibits discrimination onbasis of
disability,andtheAmericanswith Disability Act,42U.S.C.§12103et seq.,which prohibits
discrimination in employment accommodation because ofdisability.
Itis expressly understoodthatupon receipt ofevidenceof discrimination underanythese
laws,theCountyshallhavetherightto terminate thisAgreement.Itis further understood thatthe
Providermustsubmitanaffidavit attesting thatitisnotviolation of theAmericanswith Disability
Act,the Rehabilitation Act,the Federal Transit Act,49 U.S.C.§1612,andtheFairHousing Act,42
U.S.C.§3601 et.seq.Ifthe Tenant/Provider orany owner,subsidiary,or other firm affiliated with
or related tothe Provider,is found bythe responsible enforcement agency,the Courts ortheCounty
tobe violation of these Acts,theCountywillconductno further businesswiththe Tenant/Provider.
Any contract entered into based upon false affidavit shall be voidable bythe County.If the
Tenant/Provider violates anyoftheActs during the term of any contract the Tenant/Provider has with
the County,such contract shall be voidable by the County,evenif the Tenant/Provider was notin
violation at he time it submitted its affidavit
XXIL NOTICES.Itis understood and agreed betweenthe parties thatwrittennotice addressed to
the Landlord andmailedordeliveredtotheaddress below and written notice addressedtothe
Tenant/Provider andmailedor delivered tothe address belowshallconstitute sufficient noticeeither
party.
Page 6 of 9
if
Landlord Tenant/Provider
r-ffy of South Miami
SUP Sunset Drive
South Miami,Fl.33143
XX1H.AUTONOMY.Both parties agree thatthisAgreement recognizes the autonomy of and
stipulatesorimpliesnoaffiliationbetweenthecontractingparties.Itisexpresslyunderstoodand
intended that the Tenant/Provider isonlya tenant/provider andisnotan agent or instrumentality of
the County.
YYTV MraAfTT-RFMEDTES.
A.Breach.Abreach by theTenant/ProvidershallhaveoccurredunderthisAgreement
if.(1)the Tenant/Provider failstoadequatelyprovidetheservicesoutlinedintheScope of Services
(AttachmentA)withintheeffectiveterm of thisAgreement;(2)the Tenant/Provider doesnotfurnish
theCertificates of Insurancerequiredbythis Agreement or as determined bythe County's Risk
Management Division;(3)the Tenant/Provider does not furnish proofof licensure and certification
required bythisAgreement(4)the Tenant/Provider fails topayrentonorbeforethe date;(5)the
Tenant/Provider doesnothavethe required percentage of assistedhousingresidentsortheirchildren
asclients;(6)theTenant/Provider fails toproperlymaintainpremises,make repairs,payutilities,
obtain garbage collection,complete extermination,and perform other general upkeepofthe premises;
(7)the Tenant/Provider discriminates underany of thelawsoutlinedinSectionVIIof this
Agreement;(8)the Tenant/Provider falsifies or violates the provisions ofthe Drug Free Workplace
Affidavit (Exhibit F);(9)the Tenant/Provider,attempts tomeetits obligations underthis Agreement
through fraud,misrepresentation or material misstatement;or (10)the Tenant/Provider fails to fulfill
in timely and proper manner any and all of its obligations,covenants,agreements and stipulations in
this Agreement
A breach bythe Landlord shall occur ifit fails tomeetits obligations under this Lease
Agreement
Waiver of breach of any provisions of this contract shall not be deemed to be a wavier of any
other breach and shallnot construed tobea modification ofthe terms ofthis Agreement.
B.Remedies.Landlord and Tenant/Provider may terminate this Agreement and may
pursue any and all remedies available under applicable law for a breach under the Lease Agreement
I£for any reason,the Tenant/Provider 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 termination.The County
may terminate or cancel any other contracts which such individual or entity has with the County at
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 orentitywho attempts tomeet
its contractual obligations with the County through fraud,misrepresentation or material misstatement
may debarred from County contracting for up to five (5)years.The Landlord may seek to evict
Tenant/Provider by filing an action ina court of appropriate jurisdiction.
Page 7 of 9
C.Damages Sustained.Notwithstanding theabovethe Tenant/Provider shall not be
relieved of liability tothe Landlord for damages sustained bythe Landlord byvirtueofany breach of
theAgreementThe Landlord may also pursue any remedies available atlaworequityto compensate
foranydamagessustainedbythebreach.The Tenant/Provider shallberesponsibleforalldirectand
indirect costs associated with such action,including attorney's fees.
XXV.TERMINATION RY EITHER PARITY Both partiesagreethatthis Agreement maybe
terminated by Tenant/Provider by writtennoticetotheLandlord of suchintenttoterminateatleast
thirty(30)dayspriortothe effective date of suchtermination.Both parties agreethattheCounty
may terminate this agreement by providing writtennotice of suchintenttoterminateatleastfivedays
prior tothe effective date of termination.In order to effectuate eviction proceedings,Lanlord agrees
to abide byallthenotice requirements of the Landlord -TenantAct.TheCounty Manager of
Metropolitan Dade Countyis authorized to terminate thisAgreementonbehalfofthe Landlord.
YYVT MISfTFfXANEOTTS,
A.Sub-lease.The parties agree thatno assignment or sub-lease willbemadeorletin
connection withthisAgreementwithout prior written approval ofthe Landlord,which shall notbe
unreasonably withheld,and the all sub-lessors or assignees shall be governed bythe terms and
conditions of this Agreement
B.Agreement Guidelines.The Tenant/Provider agrees to comply with all applicable
Federal,State and County laws,rules and regulations,particularly the Landlord/Tenant act,which
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.The County Manager is authorized to excercise this
modification section on behalf of the County.
D.Totalityof Aarpprnent/SpverahiKtv of Provisions.This nine (9)page
Agreement with its attachments as referenced below contain all the terms and conditions agreed upon
parties:
Attachment A:Agreement Program Narrative (Scope of Services)
Attachment B:Parking Arrangement
AttachmentC:UtilityPaymentSchedule
Attachment D:Janitorial Services
Attachment E:Extermination Services
Attachment F:Metro-Dade County Affidavits
Attachment G:State Public EntitiesCrime Affidavit
No other Agreement,oral or otherwise,regarding the subject matter ofthis Agreement is held invalid
or void,the remainder of this Agreement shall not be affected thereby if such remainder would then
continuetoconformtothetermsand requirements applicable law.
Page 8 of 9
//
INWITNESS WHEREOF,thepartieshave caused this Agreement to executed bytheirrespective
anddulyauthorizedofficersthedayandyearfirstabovewritten.
(SEAL)
ATTEST:P-tfy nf Snnfh Miami
By:.
(Signature of Secretary/Treasurer)
TypeorPrintName
Witnesses:
By:.
Signature
TypeorPrint Name
ATTEST:
HARVEY RtTvTN,CLERK
By:
DEPUTY CLERK
AGENCY NAME
By:.
(Signatureof Secretary/Treasurer)
Type orPrint Name
By:.
Signature
Type orPrint Name
METROPOLITAN DADE COUNTY,FLORIDA
By:.
Page 9 of 9
ARMANDO VIDAL,P.E.
COUNTY MANAGER
or
RENE RODRIGUEZ
DIRECTOR,METRO-DADE
HOUSING AGENCY
if
METRO-DADE COUNTY AFFIDAVITS
The contracting individual orentity (governmental or otherwise)shall indicate byan"X"all affidavits that pertain tothis
contractandshallindicatebyan "N/AM all affidavits thatdonotpertaintothiscontract.Allblankspacesmustbefilled.
The METRO-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT:METRO-DADE COUNTY EMPLOYMENT
DISCLOSURE AFFIDAVIT:METRO-DADE CRIMINAL RECORD AFFIDAVIT:and DISABILITY NONDISCRIMINATION
AFFIDAVIT shallnotpertaintocontractswiththeUnitedStatesor .any of itsdepartmentsoragencies thereof,theStateorany
political subdivisionoragencythereoforanymunicipality of this State.The METRO-DADE FAMILY LEAVEAFFIDAVIT shall
not pertain to contracts withtheUnitedStatesorany of its departments oragenciesortheState of Florida orany political
subdivision or agency thereof:it shall,however,pertain to municipalities oftheStateof Florida.Allother contracting entities or
individualsshallreadcarefullyeachaffidavittodeterminewhetherornotitpertainstothiscontract.
I.L.Dennis Whitt .being first dulysworn state:
Affiant
The full legalnameandbusinessaddress of the person(s)orentitycontractingortransactingbusinesswith Metro-Dade Countyare
(Post Office addresses arcnot acceptable):
59-50Q431
Federal Employer Identification Number (If none.SocialSecurity)
City of South Miami
Name of Entity.Individual(s).Partners,orCorporation
Doing Business As (if sameas above,leave blank)
6130 Sunset Drive South Miami Florida 33143
StreetAddress City State ZipCode
I.METRO-DADE COUNTY DISCLOSURE AFFIDAVIT (Sec.2-8.1 ofthe County Code)
I.Ifthecontractorbusiness transaction iswitha corporation,thefulllegalnameandbusiness address shallbe
provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%)or
more ofthe corporation's stock.Ifthe contract or business transaction iswitha partnership,the foregoing
information shallbe provided for each partner.Ifthe contract or business transaction iswithatrustthe full legal
nameand address shallbe provided for each trustee andeach beneficiary.The foregoing requirements shall not
pertain to contracts with publicly-traded corporations orto contracts withthe 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 addressesarenotacceptable):
Full Legal Name Address Ownership
<96
C:\KCW0*SAM
PageI of 4
IS
2.Thefulllegalnamesandbusinessaddress of anyotherindividual(otherthan subcontractors,materialmen,
suppliers,laborers,orlenders)who have,orwill have,anyinterest (legal,equitablebeneficialor otherwise)inthe
contractor business transaction withDade County are(Post Office addressesarenotacceptable):
3.Any person who willfully fails to disclose the information required herein,orwho knowingly discloses false
information inthis regard,shallbepunishedbyafineofuptofivehundred dollars ($500.00)or imprisonment in
the County jailforupto sixty (60)daysorboth.
II.METRO-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No.90-133.Amending
sec.2.8-1:Subsection (d)(2)of the County Code).
Except where precluded by federal or State laws or regulations,each contract or business transaction or renewal thereof
which involves the expenditure often thousand dollars ($10,000)or more shall require theentity contracting or
transacting business to disclose the following information.The foregoing disclosure requirements donot apply to
contracts withtheUnitedStatesoranydepartmentoragency thereof,theStateoranypolitical subdivision or agency
thereof orany municipality of thisState.
1.Does your firm have a collective bargaining agreement withits employees?__X_YesNo
2.Does your firm provide paid health care benefits for its employees?_X_YesNo
3.Provide a current breakdown (number of persons)ofyour firm's work force and owtiership asto race,national
origin and gender:
White:33Males 14 FemalesAsian:0.Males0Females
Black:33Males14Females American Indian:0Males0Females
Hispanics:26 Males 16 Females Aleut (Eskimo):0 Males 0 Females
:Males Females :Males Females
III.METRO-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County has has not as of the
date of this affidavit been convicted of afelonyduringthepastten (10)years.
An officer,director,or executive ofthe entity entering into a contract or receiving funding from the County has
.xhasnotas of thedate of thisaffidavitbeenconvicted of afelonyduringthepastten (10)years.
IV.METRO-DADE COUNTY CUBA AFFIDAVIT (County Resolution R-656-93)
That neither the firm (individual,organization,corporation,etc.)submitting this bidor proposal or receiving this
contract award or any of its owners,subsidiaries,or affiliated or related firms,are in violation of the Cuba Democracy
Act of 1992.
In accordance with County Resolution No.R-656-93.all firms (individual,organization,corporation,etc.)submitting
bids or proposals or receiving contract awards attest that neither the firm or any of its owners,subsidiaries,or affiliated
or related firms,are in violation ofthe Cuba Democracy Actof 1992 which imposes the U.S.trade embargo to Cuba.
S/96
C:WC\00?.SAM
Page2 of4
If
V.METRO-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No.92-15 codified
as Section 2-8.1.2 of the County Code)
Thatin compliance with Ordinance No.92-15 ofthe Code of Metropolitan Dade County.Florida,the above named
person or entity is providing a drug-free workplace.A writtenstatement to each employee shall inform the employee
about:
1.danger of drugabuseintheworkplace
2.the firm's policy of maintaining a drug-free environment atall workplaces
3.availability ofdrug counseling,rehabilitation andemployee assistance programs
4.penalties that maybe 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 bythe terms and notify the employer ofany 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 ofthe County or for the health,safety,welfare,economic
benefits and well-being ofthe public.Contracts involving funding whichis provided in whole orin part bythe United
States ortheStateof Florida shallbe exempted from the provisions ofthis ordinance inthose instances where those
provisions are in conflict withthe requirements of those governmental entities.
VI.METRO-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.142-91 codifiedasSection
11A-29 et.seg of the County Code)
That in compliance with Ordinance No.142-91 of the Code of Metropolitan 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 inthe 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 ofa child,or for the care
ofa 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.
VII.DISABILITY NON-DISCRIMINATION AFFIDAVIT (CountyResolutionR-385-95)
That the above named firm,corporation or organization isin compliance with and agrees to continue to comply with,
and assure that any subcontractor,or third party contractor under this project complies with all applicable requirements
of the laws listed below including,but not limited to.those provisions pertaining to employment provision of programs
and services,transportation,communications,access to facilities,renovations,and new construction in the following
laws:The Americans with Disabilities Actof 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 II.Public Services:Tide III.Public
Accommodations and Services Operated by Private Entities:Tide IV.Telecommunications:and Title V.Miscellaneous
Provisions:The Rehabilitation Actof 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 department or agency thereof,the State or any political subdivision or
agencythereoforanymunicipalityofthisState.
S'96
C.\KC\007SAM
Page3 of 4
(T
VIII.METRO-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUEFEESOR 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 intoa contract withthe 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
beenpaid.
I have carefully read this entire four (4)page document entitled,"Metro-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
notpertaintothis contract.
By:
(Signature of Affiant)(Date)
SUBSCRIBED AND SWORN TO(oraffirmed)beforemethisday of ._
19 (jy .He/She is personally known tomeor has
presented as identification.
(Type of Identification)
(Signature of Notary)(Serial Number)
(Print or Stamp of Notary)(Expiration Date)
Notary Public -State of NotarY Seai
(State)
S/96
C.'XC\007SAM
Page4 of 4
i£
SWORNSTATEMENTPURSUANTTOSECTION287J33(3)(«),
nrmiDAgfATOTES.ONPUBUCENTITYCRIMES
THISFORMMUSTBESIGNEDANDSWORNTOINTHEPRESENCEOFANOTARYPUBUCOROTHER
OFFICIALAUTHORIZEDTOADMINISTEROATHS.
LThisswornstatementissubmittedtoMetrop«^cmmtv
(printornateofthepublicentity]
hvL.DennisWhitt.C-H-vManagpr
(printudtvtdoai'anameandttaej
Mrr^ynfgrmfhM-t«tnrl
whosebusinessaddressis
6130SunsetDriveSouthMiami.Flon'Ha-mAT
and(ifapplicable)itsFederalEmployerIdentificationNumber(FEIN)b59-6000431
(IftheentityhasnoFEIN,includetheSocialSecurityNumberoftheindlridnalaitnmgthJs
2.Iunderstandthata'publicentitycrime'asdefinedinParagraph287.133(1)0),FloridaSttttffl,meansa
viotoitontfinystatewfederaltewbynpemonwimretpeotoanddirectlyrelatedtothetransactionof
b^wn*%™ncentityor^^^^^V^^^'t^^S^i^^States,mdunmtb«nmIm*edto,nnybidorcm e^oTaTagScyorpoliticalsubdivisionofanyotheratateoroftheUnftedStates^mvo^
fraud,theft,bribery,collusion,racketeering,conspiracy,ormaterialwiuepresentation.
3Iunderstandthat'convicted'or•cmrwedon'asdefinedinParagraph2g7.133fl)(b).FloridaSyum,means iXtoTofguiltoraconvicdonofapublicentitycnae,withorwithoutanadjud^fedenoorstietrialcounofrecordrelatingtochnrgesbroughtbyiiidicnnentorinformauonafterJuiy1,
1989,asaresultofajuryverdict,nonjurytrial,orentryofapleaofguiltyornolocontendere.
Iunderstandthatan'affiliate'asdefinedinParagraph237.133(l)(a),nprtdjSUHW,means:
LADredecessororsuccessorofapersonconvictedofapublicentitycrime;or iAn^au^u^tbel^who^b^^SeoofapuMaTentitvcrhneTTheterm'affiliate;^«f«*f">«»*£%*executives,partners,shsiehoklenTemployees,members,andagentswhoare-activeinthemanagementof ^^SJ^^^b^T^^isharesconstitutingacontrolling<^*«*»£.*~orapooSfofequrmneutoi^K»Wimoiigpersonswhennotforfairmatk^
-LL^^^nliTTnrttMfcSToiethatooepersoncontrolsanotherperson.Apersonwhoknowingly
thepreceding36monthsshallbeconsideredanaffiliate.
5Iunderstandthata-person'asdefinedinParagraph2S7.133(l)(e).flfiddA-SfiSSSSi£«»"*.£*££!pe^onorentityorganize?underthelawsofanysateoroftheUnitedStateswith*e***£*«»«»u^abindingwn^andwhichbidsorappUestobidoncontractsfortheprovmson«'J°?f«'»*~tetbyapubSentity,orwhichotherwisetransactsorappliestotransactbusinessiwj*****^IJ?terT-penoo"includesthoseofficers,directors,executives,partners,shareholders,employees,members,and
agentswhoareactiveinmanagementofanentity.
//
//
Based on infQnnation and beiiet the statement which I have marked below istrue in relation tothe entity
submitting this sworn statement.(Indicate whichstatement applies.]
___Neither the entity submitting this sworn statement,nor any ofits officer*,directors,^m.u^,
partners,shareholders,employees,members,or agents who are active inthe management ofthe entity,nor
any affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent to July
1,1989.
__Hie entity submitting this sworn statement,or one or more ofits officers;directors,encutives,
partners,shareholders,employees,members,or agents who are active inthe management ofthe entity,or
an affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July
1,1989.
Tlte entitr submitting thissworn statement,or ooc or mote of to offioea,directors,
praters,shareholders,employees,members,or agents who are active inthe management of the entity,or
ta affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July
1,1989.However,therehasbeenasubsequent praeedhig b^
Division of Admitti;txative Hearings and the Final Older entered bythe Hearing Officer determined that
it was notinthe public interest to place the entity submitting this sworn statement onthe convicted vendor
list (attach acopy of thefinal order]
IUNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICERFORTHE
PUBUC ENTITY IDENTIFIEDIN PARAGRAPH 1(ONE)ABOVE ISFOR THAT FUBUC ENTTIY ONLYAND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31OF THE QOJNDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE FUBUC ENTITY FRIOR TOENTERING
INTOA CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDEDIN SECTION 187*17,FLORIDA
STATUTESFOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED INTHISFORM.
Sworn toand subscribed beforemethis _____day of •M-
Personally known
OR Produced identification Notary Public -State of_
__Mf
(Type of identification)
Form PUR 7068 (Rev.06/18/92)
(Printedtypedorstamped
commissioned name of notarypublic)
if