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01-11-06
S1ierair .w. CITY COMMISSION AGENDA City Commission Meeting Meeting date: January 11, 2006 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: 'January 17, 2006 Phone: (305) 663 -6340 Time: 7.30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for - profit N organizations, local chamber and merchant groups homeowner associations, v or 'trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 P.M. (NONE) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of November 15, 2005 (Deferred 12120105) b) Minutes of November 28,_ 2005' REGULAR CITY COMMISSION 1 AGENDA - January 11, 2006 ��- ,.,, � -- •-F=. -rte �� ��,, ..� �;�- 2., City Manager's Report:_ a) Expenditure Report for Hurricane Wilma 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING HENRY FARFAN TO SERVE ON THE PLANNING BOARD FOR AN UNEXPIRED TERM ENDING OCTOBER 17, 2006; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A 'RESOLUTION- APPOINTING HENRY FARFAN TO SERVE ON THE PLANNING BOARD FOR AN UNEXPIRED TERM ENDING 10117106) (Mayor Russell) 5. A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH < MIAMI GENERAL AND SPECIAL ELECTION BEING HELD ON TUESDAY, FEBRUARY 14, 2006; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $2,000.00 WILL BE CHARGED TO ACCOUNT NO. 01 1200 -512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION'APPOINTING PERSONNEL TO STAFF THE CSM GENERAL & SPECIAL ELECTION BEING HELD ON TUESDAY, FEB. 14, 2006; DISBURSEMENT IN AN AMT NOT TO EXCEED $2,00',0 CHARGED TO THE ELECTION ACCT W /CURRENT BAL$9,000) (Mayor Russell) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING' TO CITY COMMISSION MEETINGS; RESCHEDULING THE JANUARY 3, 2006 CITY COMMISSION MEETING. TO JANUARY 11, 2006, STARTING AT 7:30 P.M.; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RESCHEDULING THE JANUARY 3, 2006 CITY COMMISSION MEETING TO JANUARY 11, 2006, STARTING AT 7:30 P.M.) (Mayor Russell) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER ONE WITH MIAMI -DADE, COUNTY OFFICE COMMUNITY AND ECONOMIC, DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM DECEMBER 31, 2005 TO MARCH 31,` 2006 FOR THE FY 2005 REGULAR CITY COMMISSION 2 AGENDA - January 11, 2006 COMMUNITY DEVELOPMENT 'BLOCK GRANT (CDBG) OF $100,000 FOR CHURCH STREET IMPROVEMENT PHASE 2 PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CM TO EXECUTE CONTRACT AMENDMENT #1. WITH M -D COUNTY FOR TIME EXTENSION ON THE FY 2005 CDBG OF $100, 000 FOR CHURCH ST) (City Manager) 8. A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER TWO WITH MIAMI -DADE COUNTY' OFFICE` COMMUNITY AND ECONOMIC DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM DECEMBER 31, 2005 TO MARCH' 31,' 2006 FOR THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OF $95,000 FOR CHURCH' STREET IMPROVEMENT PHASE 2 PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION 'AUTHORIZING THE 'CM TO EXECUTE CONTRACT AMENDMENT #2 WITH M -D COUNTY FOR TIME EXTENSION ON THE FY 2004 CDBG OF $95,000 FOR CHURCH ST) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT IN THE AMOUNT OF $10,513.97; TO BE CHARGED TO ACCOUNT NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT:IN THE AMT OF $10,513.97 ; - TO BE CHARGED TO THE CONSULTANT LABOR ATTY ACCT WITH A CURRENT BAL$19,287) (City Manager) ORDINANCE (3) SECOND READING PUBLIC HEARING (S) , 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND', PROVIDING FOR COMPLIANCE WITH CHAPTER 2004 -21, LAWS OF FLORIDA, TO PROVIDE THAT PARTICIPANTS MAY AUTHORIZE DIRECT` THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR CITY COMMISSION 3 AGENDA - January 11, 2006 RESOLUTION (S) /PUBLIC HEARING (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF PARCELS "A" AND "B" AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20-4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO WAIVER OF PLAT FOR PROPERTY WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT" AND MORE SPECIFICALLY LOCATED AT 7710 SW 59TH COURT, SOUTH MIAMI, FLORIDA; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "A" AND FOR THE EXISTING INSTITUTIONAL USE (AMERICAN LEGION POST) TO REMAIN- ON PARCEL "B" AS A NON - CONFORMING USE;! PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION ALLOWING THE CREATION OF PARCELS °A" & "B" ON PROPERTY' LOCATED AT 7710 SW '59TH CT, TO ALLOW THE CONSTRUCTION OF -A SINGLE FAMILY' HOME ON ''LOT "A -) (City Manager) RESOLUTION (S) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING CHAMBER SOUTH TO HOST A CANDIDATES' FORUM PRIOR TO THE FEBRUARY 14, 2006 ELECTION; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION' REQUESTING CHAMBER SOUTH TO HOST A CANDIDATES' FORUM PRIOR TO THE FEBRUARY 14, 2006 ELECTION) (Vice Mayor Palmer) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) (NONE)` ORDINANCE (S) FIRST READING 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE' BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER REFERRED REGULAR CITY COMMISSION 4 AGENDA - January 11, 2006 .. ��' �'..... �= F:°��.�^- '.a- _..— �- n.,.e,P.'zx� ; : sr 3"°"_'°4, w �' � '!S'a a. � �°�— F. -"T,�? `"7t'�� `_ „>��.,, ..� ��', . �` .. �.ar�•rsr TO AS AFSCME; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY, POLICE, BENEVOLENT ASSOCIATION AND THE 'CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 15 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH 'MIAMI CHILDREN'S CLINIC FOR THE LEASE OF THE PHASE I BUILDING AT MURRAY PARK LOCATED 6701 SW 158th PLACE, SOUTH MIAMI FLORIDA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 'AN EFFECTIVE DATE. 3/5 (City Manager) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1`(K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMXSSION SHALL BE FORTHWITH BARRED FROM FURTHER', AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE. REGULAR CITY COMMISSION 5 AGENDA - January 11, 2006 COMMISSION REMARKS PURSUANT TO FLA STATUTES 286..0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER' CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A'RECORDr OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 6 AGENDA - January 11, 2006 Cityof South Miami, Hurricane Wilma Estimated Recovery Expenses as of 12/20/05 VENDORS - SUPPLIES /SERVICES /FEES /OVERTIME COST* Miami Dade County Tipping fees (As of 10/30/05) *Estimate $361,521.30` Department of Public Works Overtime (As of 12/04/05) $57,418.41 Other Departments' Overtime (As of 12/04/05) $3,364.05 Police Department Overtime (As of 12/04/05) $86,945.04 Ace Lawnmower Service - Chainsaws $5,083.86 Safety Produets, lnc:*'* Supplies - gloves, gatorade, medicine) $304.60 Amerilumber Rakes - (for debris removal due to Wilma) $40.47 Best Equipment & Repair, Inc. Water pump rental $186.25' RB Grove Electrical Work $628.00 Contractors: T. J. Pavement Citywide debris removal(As of 12/14/05) $541,220.00' Jewett Heavy Equipment" Citywide debris removal(As of 12/14/05) $52,099.65 Salman Landscape', Services Citywide debris removal(As of 12/14/05) $5,750.00 South FXoOda Maintenance ** Citywide debris removal(As of 12/14/05) $17,231.88 DACA Environmental Citywide debris removal(As of 12/14/05) $397,767.50' BFI Citywide debris removal(As of 12/14/05) $60,745.69' U.S. Lawns of So. Dade Citywide debris removal(As of 12/14/05) $20,000.00 Superior Landscaping 4 Lawi Citywide debris removal(As of 12 /14/05) $17,600.00' Native:Tree ** City parks tree trimming and removal /storm clean; up $15,135.12' Hooligans Food $4,940.00' Chuck's Coffee Shop Food $264.00' Shorty's Food $551.40' Big Cheese Food $378.75 Petty Cash Groceries $1,084.92 Cool Tech Solutions Plumbing for lee Machine $775.00' Tropic Supply Ice Machine $8,587.00 Able` Sanitation Port o - lets $245.95 Martronics Batteries $283.68 Martronics " Batteries $506.88 Zephyrhills Water $447.50 Tropic Supply Ice Bags $496.00 Benson Electric Electrical Work for the Ice Machine *Estimate $880.34 Benson Electric Electrical Work for the ice Machine *Estimate $150.75 Omar & Sons Repair for power outage $687.75. BV Oil Fuel $13,47192' Name depot ** Refrigerator $129.00 Grand Total $1,676,922.66 * Estimated expenses to -date: 12/20/2005 ** New expense t %` : —"7,, WA -- ;'iStM flltzx, �:`5 .n. *.; ..rs"� f'R,..,. .liT k` "! ra.,"�[a� -a DEPAR'i _ l G ®�� DELIVER TQ: 4795 SW 75 Aveue n 6134 NW 72 Sbvd REQtitt'iID DELIVERY DATE: ASAP LF iL,4 LN� -cE �P- i� F SAFETY PRODUCTS INC. l PO BOX 1688 Splsafety EATON PARK, FL 33840 PHONE : 863 - 665- 3601 Safety Products Inc FAX : 863- 666 -2580 spisafety @spisafety.com http: / /www.spisafety.com ORIGINAL SOLD TO: CITY OF SOUTH MIAMI SHIP TO: CITY OF SOUTH MIAMI. PUBLIC WKS 6130 SUNSET DRIVE 4795 SW 75TH AVENUE MIAMI, FL 33143 SOUTH MIAMI, 'FL 33155 JNV<)ICE PACtE 10/26/05 570951 1 CUSTZSM$It # :::. SOU101 spisafety @spisafety.com http: / /www.spisafety.com ORIGINAL SOLD TO: CITY OF SOUTH MIAMI SHIP TO: CITY OF SOUTH MIAMI. PUBLIC WKS 6130 SUNSET DRIVE 4795 SW 75TH AVENUE MIAMI, FL 33143 SOUTH MIAMI, 'FL 33155 ORDER # ORDER 11ATE PURCHASE URDRR TERMS SLSP > SHfPPED VIA .' SHIPPED DATE 489763 10/26/05 6705 FF 1'% 10 NET 30 17 NU 10/26/05 ,vT ry Jan 1" u Dr r weir lTENF ITEM DESGR/PTfON . . UOM': , n� RDERE!} 67D SHIP . fRiGE;,, , EXTENDEEI PR /C G2460 MENS 90Z BROWN JERSEY KNITWRIS DZ 2 0 2 7.95 15.90 COTTON GLOVE F4M4042 TYLENOL EX STRENGH CAPLETS BX 5 0 5 15.95 79.75 50 PACKS OF 2 " M333665 RIPTIDE RUSH 1 GAL PWR BX 1 0 1 56.00 56.00 40 PACKS PER BOX GATORADE M333666 GLACIAL FREEZE 1 GAL PWD PACK BX 1 0 1 56.00 56.00 40 PACKS PER BOX GATORADE M2ISL4DB RAYOVAC INDUSTRIAL'SWIVEL,6 /£S EA 4 0 4 10.95 43.80 LIGHT USES 4 D CELL BATTERIES M9ALD12 BATTERY ALKALINE D CELL 12 /PK PK 3 0 3 13.60 40.80 SNAP TIGHT CLEAR BOX RAYOVAC M9ALC12 BATTERY ALKALINE C CELL 12 /PK PK 1 0 1 12.35 12.35 SNAP TIGHT CLEAR BOX RAYOVAC FREIGHT (FREIGHT FREE SHIPPING EA 1 0 1 .00 .00 } P� 1 �j d " MEWED REQ. # DELIVERY: �'fi,� C...rlyF: rn � EG 1 11 CMAN i `s` A D V'--- q `L 7. E D: N e-� �y-� ti i E ; ,,_ �> -r-TV) _ MERCHAND /SE , /GKT SALES 7:tli TfTA llU CYNTHIA CORUJO ..;,.. .:... f fRE .;::: THANK YOU KAREN lz3656440344791431 304.60 .00 .00 304.60 3 SHIP VIA NU Master Card / Visa / American Express accepted vm m ; r .14 � r� �,� t �► ���C� rnremim Urder 4 a l� o�aTE: ~�-- ADDRESS: (�VIC ©a rte• 19 Au nEk -- • < • Co1VFii MATIOIrq Teiephozle:_ fax:_ Contact name; DEP p DELIVER T2. REQUIRI tl (, Iv 8 4793 SW 7S Avaeue DELIVERY DATE: ASAP 6130 S'W 73 Sbvet INFC)KivtATIaN TU BE Ft3itriISF B BY DH►ARTMEN[ FOR PURCHASING AC3EMf IT fNQ'S DEi1CR1PT/QN.lND�SPSONCA"ONS` ACCOUNT' UNITPRTCE MTAL COST mA rh �4 rn ov Q. o � ryl�c..s �c�c Lo..�..� 0 of ri tin (Veh. # for whom, etc;) "1Attach 3 antes Eor an urehas" over SUG-00 and notes and Reealution for urchascs over S4 .0p ME NAT (1R{ E Y THAT 17iE ABOVE MAT PCAI.. FQTAP t UMQ OF ACCOUN JB APMOVW PURCHASES AS ABOVE AMOVED AND ISSUANCE OF VICE LS E35EN lIAL AND A PROPER RFA iJRGktA3E AtfTt)ORjyQD AC ait.4T GY7 'Es C�iARGED. SLUM NCO TI .�'PRCiRJA1' .) RALkWCFB V�l1t�D (E7:C�P[ AS OTF1BRWp�S NCYlED.) HEAD O AR, WT ' FWANC$ WALK 1 Nr " -- ^ --- CI lrU AGO REc i I' R 19���, x k 1 ST. DEf� -r. 7rl1 City of youth Miami No. 7 6130 Sunset Drive, South Muni, Florida 33143 (305) 663 -6339 Fax: (305) 667.7806 REQUL�'1'ION For Check 0 For Pardum Order VENDOR; ` DATE: ` er�o2 ADDRESS: ,�• o �C S b '0 IS t 13 ~d® NATION relephone: 42-:>, - orl I ax _ s_. . L Contact name: I?EPAR DELIVEit iq: REQUTRkT) tit., ► G _ S 4793 SW 75 Avwm DELIVERY DATE: ASAP 8 6130 9W 72 3tnet INFORMAA11ON TO BE PUiWSHED BY DEPARTIAW17 FOR PtIiZCHASFNt3 AOEMF TT 746 NC)'S ._. Dl RIPTIOINAND SPEC iITIONS ACCOUNT UNT PRICE rOTTAL COST" F RiZti'c,l �u W ti rvt i4 Q 1�1 CoO r an e r o u (1-Eg 'k k) cgE5 mDv� j�lock,'n h -o wA s A. Itonn0 B ' i. ian: (Veh. # for whom, etc.) — "" ,► k.* "'Attach 3 quotes fora urchases over $200.00 and Quotes and Resolution for urcltaset aver .00• "�• ► + *• * +� 1 tlI Y 4ERTD Y TFL17 TkiE ABOV$ MATEk ;[P f (X)O (3 OF ACCOUNTS APMOVED PURCHASES AS ABOVrs APPROVW ANAISSU,lNC E OF MC{NT CNt SEkNCCE iS ESSENTIAL. AND A I'RC) EUUFS7 1 l CHME OR= AVL"= AGAiIvT'TM (VESCHARGED. : SUPlICJENCY:op A vkai IATlQ9I'aAIJl1�Ck8 V D (BXCZPT AS 0TMWW TUT: ) �� ttEAD OF,DEi'AR1Ad M' mAws 06FAR11 NT C3TY tA,WACiP]I i - : t s C 1 2005 k FINANCE DEPT BiL,L. TO J JOB CITY OF SOUTH MIAMI V VAR ATTN: ALINA MENOCAL 4795 SW 75TH AVENUE MIAMI, FL 33155 ACCOUNT # P P.O. NO. D DUE DATE T TERMS M MONTH 3091 1 12/29/2005 - - NET 30 DATE D DESCRIPTION E EMPLOYEE R RATE- U UNIT PRICE Q QUANTITY S SUBTOTAL HURRICANE WILMA CLEANUP Hurricane Wilma emergency debris removal Dangerous tree branch removal' Remove dangerous trees blocking right-of-ways Labor Rate (per day),- $1,600.00 Labor Rate includes one trimmer and two grounds men, one bucket truck, one chipper and removal of 10 CY of trash (additional trash will be charged separately). Work hours are Monday through Friday from 7:30 AM to 3:30 PM - no holidays are included. 11!9!2005 D Day 1- 8 hours - 8;30 AM to 5:00 PM 1 1,600.00 1 1 1 1,600.00 11/10/2005 D Day 2 - 8 hours - 8:00 AM to 4:0 PM 1 1,600.00_ 1 1 1 1,600.00 11/14/2005 D Day 3 - 8 hours - 8:30 AM to 5:00 PM 1 1,600.00 1 1 1 1,600.00 11/15/2005 D Day 4 - 8 hours - 8:00 AM to 4:00 PM 1 1,600.00 ' ' 1 1 1,600.00 11/16/2005 D Day 5 - 8 hours - 7:30 AM to 4;00 PM 1 1,600.00 1 1 1 1,600.00 11117/20051 D Day 6 - 8 hours - 7:30 AM to 4 :00 PM 1 1,600.00 1 1 1 1,600.00 11/1812005 D Day 7 - 8 hours - 7:30 AM to 4:00 PM 1 1,600.00 1 1 1 1,600.00 11/21/2005 � "i D Day 8 - 8 hours - 7:30 AM to 4:00 PM 1 1,600.00 1 1 1 1,600.00 11/22/2005 a D Day 9 - 8 hours - 8:00 AM to 4:30 PM 1 1,600.00 1 1 1 1,600.00 11/23/2005 D Day 10 - 8 hours - 7:30 AM to 4 :00 PM 1 1,600.00 1 1 1 1,600.00 11/28/20051 D Day 11-8 hours - 7:30 AM to 4:00 PM 1 1,600.00 1 1 1 1,600.00 Des` `' 1 j Q RECEIVED R E( W F1 A ANCE E EF e e . i_I T TOTAL AMOUNT' DUE: $17,600.00 PAYMENTSICREDIY'S: $0.00 BALANCE DUE: $17,600.00 am City of South Mia i No. P+ 10 6130 Sunset Drive, South Miami, Florida 33143 309 663 -6339 F 305 667 ` 7806 ( a ax REQUISON �or Check ITI C3 For Purchase Order Telephon Si '�L3$- N-79 fax: Comsat name: DEPAItI DELIVER TQ: REQUIRM A%K S d- t� C 4795 SW 75 Avenue DELIVERY DATE: ASAP 6130 BW 72 Street n we u?xA AT(rvAr •must m Tuv.iRawm nv rwbA vi %Lawrr:T.flA ur..T2rUA CftJt% An MT MUMO'S (X)DM OF ACCOUNTS At'T OVW DATE: ACCOMT ADDRESS; 5� 3� J �4 — S t 11"1 .—.�_ rr- ?.�7 �,,- r 1�q Q &(x A- �, l� t �.� l L, M t A, F- L 3-T 1-7 ( > CONFIRMATION Telephon Si '�L3$- N-79 fax: Comsat name: DEPAItI DELIVER TQ: REQUIRM A%K S d- t� C 4795 SW 75 Avenue DELIVERY DATE: ASAP 6130 BW 72 Street n we u?xA AT(rvAr •must m Tuv.iRawm nv rwbA vi %Lawrr:T.flA ur..T2rUA CftJt% An MT MUMO'S (X)DM OF ACCOUNTS At'T OVW DE9CRIP7iO "D IVW#ICwoa ACCOMT UNR'PRICE MTAL COST 3 AGATNgT nM ConES C IMG&D. rr- ?.�7 �,,- r 1�q Q &(x A- �, l� t �.� l L, r.�. e• - *v m% r �.. '*_'° -� 11 WU7 C6-4A Q kZkaJ, Lt.n4 n�ovAL (EXCEPT AS OTL�AWafi tiCYlEA.) HEAD OP DP.PARTIENT FQiANCB ARi►ieM A-LL- Am.MtC A d'AqZK G • Se AAA l-�u �u�. v� tI-MA J-ur. odt. 000. ► s 3� t -� t 9. g o ll -cc2a . U-%%- m-A GA-9'10 CIr oot- O000.rt 6.!203 3L S, 7b 31.0 (ja 5 AAAre S N /AL L U%L t * nor sc'� �J PA-ky 1 9 G . s CAk 001. 0000.t%! .5031 lo% C77. (o r Gtr o01.0000.1is. sos �S�• �3 a� 1-Fe 5 Pig G ' ` v- f ctG . SG i?c M oot.000 .Ils`•so3� 7 a G� 001. COoo. I 19. SD3 --f 09- S 135 1 3rief, Description: (Veh. #, for whom, etc.) " "••"••• "••Attach 3 quotes or any purtheaee over $200.00 xnd Q— etas`and Resolution for purchases over 54999.00 * * *• *• *• * ** t3EtiFEx C RTII°Y THAT IM ABOVE MATERSAL rhi,ff (X)DM OF ACCOUNTS At'T OVW PIRCHASES AS AHt)Vis APPROVW AND ISSUANCE OF W1 NT, OR SUVLCE CS ESSENTIAL AND A PROPER REQUEST L � r��io1G [� EP "CHASE ORDER AVIN)RIM 3 AGATNgT nM ConES C IMG&D. rr- ?.�7 �,,- r ."t=;. r.�. e• - *v m% r �.. '*_'° -� 11 WU7 C6-4A Q SI MMWCY OF j0ftfFRi TIM AAt.AWU VELD (EXCEPT AS OTL�AWafi tiCYlEA.) HEAD OP DP.PARTIENT FQiANCB ARi►ieM CM MMAOFA RECEIVED DEC, 0 9 200 L � r��io1G [� EP .,•;,�. ;T- -s r °. m' t^ .' ". T. ^°.e rr- ?.�7 �,,- r ."t=;. r.�. e• - *v m% r �.. '*_'° -� 11 WU7 11/18!2005 14:21 3052389678 PAGE 02/04 CONTRACT AWARD SB EET EPARTM &NT OF PF.00URERZNT 0 MANAGEMENT BIDS AND CONTRACTS DMSI OPt BID NO.: 7661 - 4109 -1 Previous Bid No.: 7661 -4/09 TITLE: SPECIALIZED TREE TRM0aqG AND REMOVAL SERVICEI Cdm1VIoorrY CODE No.. %S-88 OTR YEARS: Origuoai LI'MG WAGE APPLIES'. Yes CONTRACT P'BRIOF3, I0119/Q5 throe h 9 AWARD BASED ON MEASURES.- NO SIL pR0CjjRz j4T AGENT: ,lose A. Swebea, CP'PR PBONEi (305) - 375 -4265 ❑ Set Aside ❑ Bid Preference ❑ Goal ❑ BBE ❑ BBE n . WBE Owned Fims ❑ Local Preference ❑ CSBE Level Prevailing Wages (Reno. 90 -143) ® Living rage PART #1: VENDORS AWARDED 592613393 VENDOR- A Native Tree Services, Inc. (ABCW0508811) STREET: 15733 Shit 117'6 Avenue CITY/STATE/ZIP Miami, Florida 33177 F.O.D. TERMS: Destination PAYMENT TERMS: Net 34 DELIVERY: As required TOLL FREE PHONE # NIA PPCONE: 3051238 -1178 FAX: 305/238 -6871£ EMAIL tebe.r ole@nativetsee.ctsm CONTACT PERSON: Angela Tomaseni DEPARTNOqT OF PPOCUMENT MANAGEWNT BIDS AND CONTRACTS DMSION � .. Awxnnsx�er.ao� EC RZ65 FINANCE DEPT. 'F:r= -a.' 11/1812005 14:27 3052388878 PAGE 03104, PART #2s rMMS AWARDED GROUP I: SPECU IZED TREE TRUING AND INCLUDING DISPOSAL Hourly R#te: Si 6.56 Minimum equipment and personnel required; available an site and in good working condition). A. Three (3) man crew; one (1) shall be a certified arborist. B. One (1) bucket truck with; minimum 75' vertical reach, aver -cab work platform, minimum 10 cubic yard chipper box, equipped with hydraulic connection for ground, over -cab work platform, and bucket work. C. One (1) sturnp grinder with ,minimurn 65hp with the capability to cut stumps from 27" above ground to 24" below an& minimum sweep of 55" grinder alter 48 hours notice. D. One (1) brash chipper with minimum $0 hp rated @ 2640 RPK and capability for material at least I2" in diameter. E. Minimum four (4) chain saws with '18" bar and ininimurn two (2) with 36" bar. F. Minimum one (1) hydraulic saw with chin saw attachment and minimum one (1) circular saw anachment. Cr. Minimum two (2), 4S" square "Mean Morldne suns and minimum twenty (20), 4W" tall Draw traffic cones. GROUP IL TIDE REMOVAL INCLUDING DISPOSAL (trunk diameter measured 4' weave the ground) iNiff Rmar0,ption Unit Price 1. Ea 091 to 10" Diameter S 181.44 2. Ea Greater than 10" to 24" Diameter S 594.64' 3. Ea ` Greater than 24" to 36" Diameter S1,46LS2 4. Ea Greater than 36" to 60" Diameter $2,968.56 THE DIi1DER AGREES THAT THE ABOVE m )PRICE RATE Is xNcLusm, OF ALL WORK NECESSARY TO COMPLETE THE TREE REMOVAL ' DISPOSAL TASKS AS PER SPECIFICATIONS. INVOICE T U SWICE 11/22/2005 Native Tree Service, Inc. 15733 SW 117th Avenue Miami, Florida 33177 (305) 238 -1178 (305) 238 -8878 CITY OF SOUTH MIAMI City Of South Miami 6130 SW 72 ST Varied addresses MIAMI, FL 33143- 33143 r • r -, . • - -. -. Storm Clean -up 136029 11/19/2005 $1,965.60 $0.00 $1,965.60 ALL AMERICAN PARK Hurricane Wilma repair Miami -Dade County Bid No. 7661- 4/09. 6430 SW 64 AVENUE 11/19/05 5 Hour x 2 Crews _ 10 Crew Hours @ $196.56 = $1,965;60 PLEASE REMIT: NrAnr ED TREE SMICE - z J 15733 SW 117th Avenue n Miami, Florida 33177 (305) 238 -1178 1 Please complete THIS portion and return with payment. Thank you. Service: Storm Clean -up DEC 1 Account Key: 11903 Invoice Number: 136029 FINANCE DDEPT. Please Remit: $1,965.60 1 111111 111 11111 Ell 11111111111111111111111 INVOICE NAT 11/22/2005 T E ICi Native Tree Service, Inc. 15733 SW 117th Avenue Miami, Florida 33177 (305) 238 -1178 (305) 238 -8878 CITY OF SOUTH MIAMI - City Of South Miami 6130 SW 72 ST Varied addresses MIAMI, FL 33143- 33143 Storm Clean -up 136024 11/20/2005 $7,665.84 $0.00 $7,665.84 MARSHALL WILLIAMSON PARK Hurricane Wilma repair Miami -Dade County Bid No. 7661 -4/09. 11/18/05 10 ` Hour 11/20/05 9.5 Hour 19.5 Hours x 2 Crews = 39 Crew Hours @ $196.56 = $7,665:84 PLEASE REMIT: .., RECEIVE6, DEC 0 9 2005 1 - FINANCE DEPT _ A Ir TREE SWICt . 15733 SW 117th Avenue ; rq Miami, Florida 33177 (305) 238 -1178, �Ir;i 6 I I t .: Please complete THIS portion and return with payment, Thank you: Service: Storm Clean -up Account Key: 11903 Invoice Number: 136024 Please Remit: $7,665.84 I ��IIII II�II IIII�'�III �IIII II�I� II�IIII �I IIII �,.. - INVOICE �. 11 /29/2005 TREE SEW IC Native Tree Service, Inc. 15733 SW 117th Avenue Miami, Florida 33177 (305) 238 -1178 (305) 238 - 8878 CITY OF SOUTH MIAMI City Of South Miami 6130 SW 72 ST Varied addresses MIAMI, FL 33143- 33143 Tax Total Credits service PO # I Terms Invoice Completed Storm Clean -up 136017 11117/2005 $5,503.68 $0.00 $5,503.68 FUCHS -PARK Hurricane Wilma repair Miami -Dade County Bid No. 7661 -4109 11/16/05 1 Crew @ 9 hours + 1 Crew @ 5 hours = 14 hours 11/20/05 1 Crew @ 8 hours + 1 Crew @ 6 hours = 14 hours Total: 28 Crew hours x $196.56 PLEASE REMIT: . RECEIVED DEC 0 9 2005 FIN, E TREE "I'C 15733 SW 117th Avenue r.x Miami, Florida 33177 I.F.. (305) 238 -1178 Please complete THIS portion and return with payment. Thank you. t v;C'P. Service: Storm Clean -up (rig l Account Key: 11903 Invoice Number: 136017 Please Remit: $5,503.68 11111111110111115 IIIII Mil 11111 llillll l 1111 - 7W City of South Miatm No. 6130 Sunset Drive, South Miami, Florida 33143 (303) 663 -6339 Fax: (305) 667 -7806 ITIQN '4 �iEQULS 4 13 For Check \ C3 For Purchaw Order Telephone: C0WA0t natne: DEPARTW -Tr: DELIVER TQ. REQU RID 8 4793 SW 75 Avww DELIVERY DA'T'E: ASAP 6134 ff 72 Street INFORMATION TO BE FURNISHED BY i]EPARTN!@[T FOR Z CHASWO KGENf Iffimyo'S =TF D 9WPJP770ArAtVD SPECJMA770A ACCOUNT i1M7WICE Sr 4 0, 9 V i a 121- l 1 7s Brief Description: (Veh. #, for whom, etc.) .. ** * * * * * * * *Attwch 3 aunty fnr wnv nnrehrses nver S2AR.OQ and 'Dnutes'and Resolution for nurrl true nwnr R ;iIiRtB MRTIFY THAT TIZ ABOVE MATERIAL. "AP- iNT, cue SP.RVICE I% ESSENTIAL AND A PROPER RK( UEST n(,AINST THE CODES CHARGED. (IOD NOOP A COUNTS APPROVED PIAtCHASES AS ABOVE APPROVED ANDMSUANCE OF "CHASE ORDER AMIKOIZED SUFFIC�NCY O! Ai'13[af1NA'I10TI AAiJ11rCF8' VRRII°IEU,U (BXC PT AS OTMWMZ NOM) ' - HEAD OPDEYARU&NT _ _ F84AWZDWARTMWM WY'MANACIEA. 801124 Detach this stub and return with your payment P.O. BOX. 52214.E "Phoenix, AZ 85072 -2214 .. r i ACCOUNT NUMBER PAY BY PAY THIS AMOUNT 0005648720 ' 12/20/05 471.85 INVOICE NUMBER BILLING DATE AMT. ENCLOSED 05K0005648720 12/01/05 508000056487207 0047185 00471852 5 ZEPHYRHILLS CITY OF SOUTH MIAMI a Division of Nestle Waters North America Inc. CENTRAL SERVICES P.O. BOX 52214 6130 SUNSET DR Phoenix, AZ 85072 -2214 SOUTH MIAMI FL 33143 -5040 111111 11IIIIIIILN11 11111111 111111 lLI,�LL�II FOR CUSTOMER SERVICE CALL 1 -800- 950 -9398 F] Print Any Changes On Reverse Side And Check Box. ( QESP )10:T017:007332 :001:1000:ZPH11 R 050 94 - N - 1 D A ---- - - - - -- 01 C - 26-- ZEPHYRHILLS---- _3--------- 801124 PAGE 1 OF 1 WHOM City of South Miami 6130 Sunwt Drive, South Miami, Florida 33143 (305) 663 -6339 Fax: (305) 667 -7806 REQULSI'I30N For Check D For Purchase 0 e er Telephone: fax:_ Como name: DEPARTMEXP, DELIVER TQ REQUIRED 8 4795 SW 75 Avemue DELIVERY DATE: ASAP 6130 9W 72 Sheet INFgRA IATIt7N TO BE 1•'Ditl'IFSMD BY DEPART'"T FOR PURCHASINO AGENT ITtNGi'S' AEiCRIPTlUN1lND SPEClFlC'�lT7aN54CCOUNT 7t?TAG COST --.-._ i /� Brief Description: (Veh. #, for wham, "etc.) « a 3 uat for an ortltsses a er2t10.00 and aot+ea Reaalation for urchaad over Sd ,00 *•• +•• «• *•« f t HFRFRY f' V E MA F ;lP- ou P ACCOI RiTS PEXCf ARS AS MOVE. APPROVED Am ISSU,WC E OP ii A!: RdYiHT, OR Vi AL R UEST PtJRCtL13E ORDER A -. AGANST Sl NCT Or APRROPRIA MN BALWIAICE$ MUW D s (EXCZ" AS fY1YI$Ra'= ) '� PIIiANC6 AR1f1ENT CM MANA091 ir— co cow FINANCE DEPT. •—, ��a^ r�-^=--'`" �- ^r..�- -- .=- �s- -- �^T.,,.;ss;: .,�:?� � ;;��.�'.z_ .�" .-r: .. �,�,:: �„;� 3�.�Ka,r �*';a-- �°-,��, -'�: -; P=°-- �- .-- �' -:°� ,.. �.:.r y VBNDC)R: DATE: ADDRESS, CUNF'II2MATIQN Telephone: fax:_ Como name: DEPARTMEXP, DELIVER TQ REQUIRED 8 4795 SW 75 Avemue DELIVERY DATE: ASAP 6130 9W 72 Sheet INFgRA IATIt7N TO BE 1•'Ditl'IFSMD BY DEPART'"T FOR PURCHASINO AGENT ITtNGi'S' AEiCRIPTlUN1lND SPEClFlC'�lT7aN54CCOUNT 7t?TAG COST --.-._ i /� Brief Description: (Veh. #, for wham, "etc.) « a 3 uat for an ortltsses a er2t10.00 and aot+ea Reaalation for urchaad over Sd ,00 *•• +•• «• *•« f t HFRFRY f' V E MA F ;lP- ou P ACCOI RiTS PEXCf ARS AS MOVE. APPROVED Am ISSU,WC E OP ii A!: RdYiHT, OR Vi AL R UEST PtJRCtL13E ORDER A -. AGANST Sl NCT Or APRROPRIA MN BALWIAICE$ MUW D s (EXCZ" AS fY1YI$Ra'= ) '� PIIiANC6 AR1f1ENT CM MANA091 ir— co cow FINANCE DEPT. •—, ��a^ r�-^=--'`" �- ^r..�- -- .=- �s- -- �^T.,,.;ss;: .,�:?� � ;;��.�'.z_ .�" .-r: .. �,�,:: �„;� 3�.�Ka,r �*';a-- �°-,��, -'�: -; P=°-- �- .-- �' -:°� ,.. �.:.r y THE F ,. "AML DEPOT- 63-13 "'j99 W FLAGLER S6 MIAMI, FL 33144 (786)388-5108 6343 00004 84162 11/16/05 SALE 71 RXT348 11 :04 AM 665679001668 COMPACT FRIG 12 1bµ SALES TAX p ^°' 0.00 TAX EXEMPT 'ID # 2:31932489 TOT $129.00 XXXXXXXXXXXX2476 HOME DEPOT 129.60 AUTH CODE 016743/60443 378 lA P.O. # /JOB NAME. 111605 CITY OF SOUTH MIAMI DE LA TORRE RUDY 1 6343`04 84162'11/16/2005 0455 NOW HIRING SPECIALTY SALES ASSOCIATES. APPLY TODAY IN-STORE OR ON CAREERS. HOMEDEPOT . COM /SPE(1r1!. ! i - 'A1cKX:t KNC:Ix'xlCAx/(YtY[;IKKI x'K%(X�KAH;AA xAxRA'AxA EFJTER Ft7Fa P+ G1It�It':E. TO "WIN A $5, 000 HOME DEPOT GIFT CARD Your Opinion Count73! We would like to hear about your shopping experience. Enter- to win a $5,000 Home Depot Gift Card by completing a brief sur"e;< about Your ,tore visit at: www.HomeDepetOpinion.,ue: You will need the followirg to ernl_er un - line: User- ID _ 174 5Ez 1( -;8817 Entries must be enter-rd !,, 1_,.,16 %2005. Entrants mtut h0112 ui k'I t ; enter. See complete rail e�: lin n : ! t t No pu' hase ne .esdu- Y (Esta encuesta Iambi en se ar cutntra Err espahol en ]a pagi na del Intel net . ' ,.r�n,+F' 44 45 ` READ AND APPROVED AS TO FORM: 46 47 48 ' CITY 'ATTORNEY Commissioner Sherar: 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO S BOARDS AND COMMITTEES; APPOINTING HENRY TO SERVE ON 6 THE PLANNING BOARD FOR AN UNEXPIRED TERM ENDING 7 OCTOBER 17,'2006; AND ':PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and Commission recognize the important 10 contributions made by those who serve on the various city boards and 11 committees, and wish to appoint a full complement to each of the 12 active boards and committees; and 13 14 WHEREAS, the City Commission desires to appoint Henry Farfan to 15 serve for an unexpired term on the Planning Board. The appointment 16 shall expire October 17, '2006 or until a successor is duly appointed 17 , and qualified. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 20 OF THE CITY OF SOUTH MIAMI, FLORIDA,' THAT: 21' 22' Section 1. The City Commission hereby appoints Henry Farfan to 23' the Planning Board. 24, 25 Section 2. The expiration date of this appointment shall be 26 October 17, 2006 or until `a successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take' effect immediately upon 29 approval. 30 31' PASSED AND ADOPTED THIS DAY OF 2006 32 33 34 ATTEST: APPROVED: 35 36 37' CITY CLERK' MAYOR 38 39 COMMISSION VOTE: 40' Mayor Russell 41' Vice Mayor 'Palmer: 42 Commissioner Wiscombe: 43 Commissioner Birts- Cooper: 44 45 ` READ AND APPROVED AS TO FORM: 46 47 48 ' CITY 'ATTORNEY Commissioner Sherar: Nov -30 -2005 04:10Pm From- T -405 P.002/002 F-879 Wl -A a.i VV�` °d CITY OF SOUTH MIAMI BOARD /C010MITTEE APPLICATION 6130 Sunset Drive Phone No. 30S- 663 -6340 South Miami, FL 33143 Fax No. 305 =: 663 -6348 1. Name: henry Farfan (Please print) 2. Home Address: ` 6917 SW 63rd Ave South Miami, FL 33143 3. Business Address: 255 Alhambra Circle Coral Gai •les, FL 33134 4. Home Phone No. (305) 667 =3425 Business Phone No. '(305) 569 -2034 Fax No. (305) 461 - 6879' 5. E -mail Address; hfarfan l a.hotmail.com 6. Education Background: University of Miami: Master of Business Adminisu ation: 20Q2 University of Florida_ Bachelor of Science in Business Administration, I997 7 Community Service: City of South - ]Miami Budget Review Committee, 2005 Miami Children's Hospital, 2001 S. Are you a registered voter? Yes __.x No 9. Are you a resident of the City? Yes x No 10, Do you have a business in the City? Yes x No 11. Ethnic Origin? White Non - Hispanics African American Hispanic American k Other 12, 1 am interested in serving on the following board(s)jeommittee(s): Planning.I3oard Commercial Development Board Signature Date 11/30/05 Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONrL YEAR Revised 8/02 ECEIVE NOV 3 0 2005 CITY CLERK'S OFFICE South Miami Q; ; Ameriea C' toot INTER- OFFICE MEMORANDUM CITY CLERK'S OFFICE � � M ,i. �..:ero- �•, ?'s � <�rt � � ' � -f,3�, x`�• -�.. �� f «. }���p _ � ar.. ; � - ems` Please be advised of Mayor Russell's intent, with your advice and consent, to appoint at the January 3, 2006 City 'Commission meeting the following individual 1. -Henry Farfan - Planning Board If I can be of any further assistance please advise. CC: Maria V. Davis, City Manager 4 SouZk o v •....INCORPORATED - � 19.27 A LoR�q 60s� CITY COMMISSION 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 305 / 663 -6340 January 3, 2006 FAX 663-6348. Mr. Henry Farfan 6917 SW 63rd Avenue South Miami, FL 33143 Dear Mr. Farfan: This is to inform you that you are being recommended by Mayor Russell for appointment as a member of the Planning Board, for an unexpired term ending October 17, 2006, at the City Commission meeting of Wednesday, January 11, 2006. As we informed you over the phone last week, the regularly scheduled meeting to be held January 3rd was cancelled. The Mayor wishes to thank you at this time for your willingness to serve our City. The Planning Board; meets every second and last Tuesday of each month except for the months of June and July. They hold one regular meeting on the third Tuesday in June and second Tuesday in July. Meetings start at 7:30 p.m. and are held in the City Commission Chambers at City Hall, 6130 Sunset Drive. State and /or County law require you to file a financial disclosure report with the Division of Elections when you are appointed. As soon as your appointment is ratified by the City Commission, please fill out the enclosed Form, and mail it at your earliest convenience to: Miami -Dade County Supervisor of Elections, attn: Disclosure Dept., 2700 NW 871" Avenue, Miami, FL 33172. If you have any further questions regarding this Board, please contact the Planning and Zoning Department at: 305- 663 - .6326. Sincerely, Maria M. Menendez, CMC City Clerk Enc. Cc: Don,O'Donniley, Planning Director T' : ? xa -0,M7 ,ryi.,...:. 1 2 RESOLUTION NO. 3 4 _A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING' 6 PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI GENERAL AND 7 SPECIAL ELECTION BEING HELD ON TUESDAY, FEBRUARY 14, 2006; 8 DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $2,000.00 WILL BE 9 CHARGED TO ACCOUNT NO. '01- 1200 - 512 -4920 ENTITLED "ELECTION' 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami has called a 13 General and Special Election for Tuesday, February 14, 2006, to elect a Mayor for a two year term, 14 and Commissioners from Groups I and IV for four year terms; and, 15 16 WHEREAS, to conduct such election the Commission shall appoint sufficient personnel to 17 staff the polling place from 6 :00 a.m., until the completion of their task; and 1$ 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA; 21 22 Section 1. The following individuals have been identified to work this General 23 Election: Moises A. Yaber, Precinct Clerk 2; Gloria M. Yaber,', Precinct Clerk 1; Thomas 24 Mackewicz, Assistant To Precinct Clerks; Harold Berman, Deputy Sheriff Rafael de Cardenas, 25 Deputy Sheriff, and the following Inspectors: Asela Alonso, Sylvia Hados, Elaine Mills, Dorothy 26 Mickens, Jacqueline Cofield, Sandra Cofield, Laula Kyles, Angelica M. Garcia, Abelardo J. 27 Sanchez, Maria C. Sanchez, lean M. Turner, Julius G. Winkler, and Laureano Torres, Ballot Box 28 Inspector. 29 30 Section 2: Disbursement in an amount not to exceed $2,000.00 will be charged to 31 Account! No., 01- 1200- 512 -4920, entitled "Election." 32 33 Section 3. This resolution shall take effect immediately upon approval. 34 3'S 36 PASSED AND ADOPTED this 11th day of Jam, 2006: 37 38 ATTEST: APPROVED: 3!9 40 41 42 CITY CLERK MAYOR 43 Commission Vote 44 READ AND APPROVED AS TO FORM: Mayor Russell: 45 Vice Mayor Palmer: 46 Commissioner Wiscombe: 47 Commissioner Birts - Cooper: 48 CITY ATTORNEY Commissioner Sherar: 49 50 J:\My Documents\resolutions\resolution pollworkers2006.doc- Additions shown by underlinin i? and deletions shown by te. Message Page 1 of 1 Menendez, Maria From: Hernandez, Lisset ( Elections) [LISSETH @miamidade.gov] Sent: Tuesday, December 27, 2005 4:30 PM To: Mmenendez @cityofsouthmiami.net Subject: Poll workers pay Ms. Menendez, The pay for Pollworker is as follows: Clerk 2 $154.50 Clerk 1 $133.90 Assistant Clerk $103.00 Inspectors $87.55 Poll Deputy $87.55 Individuals involved in opening procedures on the Monday prior to Election: Clerk 2 $44.14 Clerk 1 ,$38.26 Assistant Clerk $29.43 Inspectors $25.01 Poll Deputy $25.01 Poll workers in all classifications listed above are paid a flat fee of $15.45 for attending a mandatory training session. If you have an concerns please contact me. I would be more than happy to help you with the pay roll process. If l am not available contact Angie Martinez at extension 304- 499 - 8389. Lisset Hernandez Supervisor Pollworker Section Miami -Dade County Elections Department www.miamidade.gov "Delivering Excellence Every Day" 1/5/2006 .. ,sl�`,�, 1 2 3 4 RESOLUTION NO. 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY: 8 COMMISSION MEETINGS; RESCHEDULING THE JANUARY 3, 2006 9 CITY COMMISSION MEETING TO JANUARY 11, 2006, STARTING AT 10 7:30 P.M.; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that 13 the City Commission shall hold regular meetings at 7:30 p.m. on the first and third Tuesdays of 14 each month except for June and July; and ` 15 16 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides 17 that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted 18 by a majority of the entire membership of the City Commission; and 19 20 WHEREAS, due to lack of quorum, the January 3, 2006 regular: meeting was cancelled 21 and rescheduled. for Wednesday, January 11, 2006. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. 25 26 Section 1. The regular City Commission meeting for Tuesday, January 3, 2006 has 27 been rescheduled to Wednesday, January 1''1, 2006. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 32 PASSED' AND ADOPTED this 11th day of January, 2006. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 40 Commission Vote: 41 READ AND APPROVED AS TO FORM: Mayor Russell: 42 Vice Mayor Palmer: 43 Commissioner Wiscombe 44 Commissioner Birts- Cooper: 45 Commissioner Sherar: 46 CITY ATTORNEY D our South h Mimi CITY OF SOUTH MIAMI ► OFFICE OF THE CITY MANAGER 0 I INTER- OFFICE MEMORANDUM Zoo, To: Honorable Maur, Vice Mayor & Date: January 7t,, 2006 City Commission From: Maria V. Davis Agenda Item # -7 City Manager : ` LS Authorizing the City Manager to execute time extension contract amendment one with Miami -Dade County Office of Community and Economic Development FY 2005 RESt LUTION• A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER ONE WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM DECEMBER 31, 2005 TO JUNE 30, 2006 FOR THE FY 2005< COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF $100,000 FOR CHURCH' STREET IMPROVEMENT PHASE 2; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS; Miami -Dade County Office of Community and Economic Development (OCED) awarded a $100,000 grant to the City earlier this year making the announcement in January for a twelve month ,period. However, due to contract execution delays by the County, the grant agreement documents` were not finalized and received until July 2005. These delays coupled with an unusually active and disruptive hurricane season led to delays in having the project get started and underway. Due to these delays, OCED has agreed to amend the agreement by extending the funding period and completion date from December 31, :2005 to June 30, 2006. Thus, ensuring enough time to complete the project and tir�%r rinurn -tB nr ref fi inA& RECOMMENDATION: It is recommended that the City Commission approve the attached resolution. ATTACHMENT(S) • Proposed Resolution • OCED 12-20-2005 correspondence re: extension request • FY 2005 OCED Contract Agreement • Approved Resolution 47-05 -12026 MVDTSRUR C_0ocummft and S fflrQWr&.elaft Doc=enftV*nda M m r mm Memo - MW Time Exlensbw 2W5:doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAM11, FLORIDA, ' AUTHORIZING THE CITY 5 MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER ONE 6 WITH MIDI D►ADE COUNTY OFFIICE COMMUNITY AND ]ECONOMIC 7 DEVELOPMENT FOR A T1ME EXTENSION OF SIX MONTHS FROM 8 DECEMBER 31, 2005 TO JUNE 30, 2006 FOR THE FY 2005 COMMUNITY 9 DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF $100,000 10 FOR CHURCH STREET IMPROVEMENT PHASE 2 PROVIDING AN 1`I EFFECTIVE DATE, 12 13 14 WHFJUAS, on April 4, 2005, the Mayor and City Commission received additional CDBG 15 grant funds for the Church Street Improvements (Phase it) from the Miami-Dade County Office of 16 Community and Economic Development (OCED) in the amount of $100,000; and 17 18 WHEREAS, the grant agreement had December 31, 2005 as the completion date for the 19 project, and 20 21 WHEREAS, as the project was intended to have twelve months for completion; and 22 23 WHEREAS, as a result of delays with the county in executing the grant' agreement 24 documents, and as a result of even further delays due to the impact of an unusually active and 25 disruptive hurricane season, the City was unable to expend grant funds by the completion date of 26 December 31, 2045; and 27 28 WHEREAS, it is necessary to extend the contract completion date another six (6) months 29 from December 31, 2005 to June 30, 2006, in order to complete the project and comply with the 30 funding requirements; and 31 32 WHEREAS, the City has contacted the County (OCED) to obtain an extension on the 33 completion date for another six' months, and OCED has agreed to honor the request fallowing the 34 receipt of an approved resolution by the City' Commission 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 37 THE C1TY OF SOUTH M1AMI, FLORIDA THAT: 38 39 Section is The above `Whereas Clauses" are incorporated by reference into this resolution. 40 41 Section 2: The City wishes to extend the completion date for FY 2005 CDBG contract for 42 Church Strut by six months from December 31, 2005 to June 30, 2006. 43 44 Son 3: The Mayor and City Commission authorize the City Manager to execute contract 45 amendment number one for FY 2005 agreement with Miami Dade County's Office of Community 46 and Economic Development. The contract is attached and incorporated by reference into this 47 resolution as Exhibit I. 48 49 Section 4: This Resolution shall be effective immediately upon adoption. 2005 CDBG Time Extension Resolution page 1 of 2 2005 C[ BG'Time Extension Resolution Page 2 of 2 i WTM-=-z, I 2 PASSED AND ADOPTED this day of 2006. 3 4 APPROVED: ATTEST: 5 7 8 CITY CLERK MAYOR 9 10 I I READ AND APPROVED AS TO FORM: COM USSION VOTE: 12 Mayor Russell: 13 Vice Mayor Palmer: 14 Commissioner Wiscombe: 15 CITY ATTORNEY Commissioner Birts- Cooper: 16 Commissioner Sherar: 1(?('�� 2005 C[ BG'Time Extension Resolution Page 2 of 2 i WTM-=-z, OFFICE OF COMMUNITY AND - ECONOMIC DEVELOPMENT IAMF Acting Director's Office PHONE: 305- 375 -3422 FAX: 305-375-3428 140 W. FLAGLER STREET, SUITE 1000 smu @miamidade.gov MIAMI, FL 33130 -1561 www.miamidade.gov /ced/ December 20,.2005 Ms. Joanna Revelo Grants Administrator City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Revelo: Re: FY04 CDBG'Contract - $ 95,000 FY05 CDBG Contract - $100,000 We have reviewed your recent letter to extend the contract completion dates for the two above identified contracts from December 31, 2005 to June 30, 2006. It is noted that $1,511; has been drawn down on the fiscal year 2004 contract and $902 has been drawn down on the fiscal year 2005 contract. Your request is approved subject to the submission of a revised scope of services to reflect the new time period, and if appropriate, a revised budget. In addition, a City of South Miami Resolution authorizing the amendments to the two contracts is also required. Please submit the first two items within two weeks and the resolution no later than January 16, 2006. Every effort should be made to draw down these funds as soon as practicable. This course of action will prevent the recapture of the award. Please contact your contracts officer, Richard Hoberman, at 305 - 375 -3472 if you have any questions. Si Yre Zafairector Community Development Division ZA/RH CADocaments and Settings\hober\Desktop\rsh \CITY OF S M[ OM FT04 & FY05 CONTR EXT. LETR.docivir. Charles F. Elsesser Florida Legal Services gaby my documents.. (2.21.05 .. RESOLUTION NO. 47-05-1202-6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI. -DADE COUNTY FOR THE CHURCH STREET IMPROVEMENTS - PHASE II; GRANT AWARD OF $100,000 THROUGH THE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY 2005 grant funds from the Miami -Dade County Office of Community & Economic Development and; WHEREAS, the grant will partially fund the Church Street Improvements Phase II, and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant contract for FY 2005 Community Development Block Grant (CDBG) with Miami -Dade County Office of Community & Economic Development. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The city wishes to accept the FY 2005_ CDBG from Miami Dade County Office of Community & Economic Development. Section 2: That the Mayor and City Commission authorize the City Manager to execute the FY 2005 grant contract with Miami -Dade County Office of Community Development. Section 3: This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this day of _, 2005. APPROVED: ' ATTEST: ")'he Maria Menen ez, qty Clerk Maks6oTt Russeltmayor READ AND APPROVED` AS TO FORM: Commission Vote: 4-1 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe Yea - -"`��- Commissioner Birts- Cooper:Yea Nay ATTORNEY Commissioner Sherar: r, CDBG FY 2005 Non- Profit FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY' AND CITY OF SOUTH MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, a Florida; nonprofit organization, hereinafter referred to as the "Contractor ". The parties agree: 1. Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant Community Development A local agency that is organized to meet community Corporation development needs with particular emphasis on the economic development, housing and revitalization needs of low -and moderate - income area residents and which is receptive to the needs expressed by the community. Low- and Moderate- Income A member of low -and moderate- income family i.e., a Person family whose income 1s within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records,' documents, linformation, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, - however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Contractor or any subcontractor in carrying out the duties and obligations required by the ` terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Contractor from any source during the period of time in which the Contractor is performing the obligations set forth in this contract. Subrecipient A public agency or nonprofit organization selected by the County to administer all or a portion of the County's CDBG program. Contractor Recipient of CDBG funds from Miami Dade County I ,- . i h. The ContractorAgr, t , A. The Contractor shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Dade. B. Idemnification and Insurance Requirements The Contractor shall comply with the idemnification and insurance requirements outlined in Attachment B -1 of this agreement. All certificates and insurance updates must identify the names of the Contractor and the activity being funded through this agreement. The Contractor must maintain continuous insurance coverage for the duration of the contract period. CONTRACTOR LIABILITY OBLIGATION Compliance with the requirements in Attachment B -1 shall not relieve the Contractor of his liability; and 'obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval.- ' If the Insurance Certificate is received' within the specified period, but not in the manner prescribed in these requirements, the Contractor shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Contractor fails to submit the required > insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the Contractor shall be in default of the terms and conditions of the contract. The Contractor shall submit all required insurance documents to the Office of Community Development, 140 West Flagler, 1'Oth Floor, Suite 1000,'''Miami, FL 33130. Any changes to the required insurance policies, including coverage renewals, must' be submitted to OCED immediately upon occurrence throughout the contract period. CERTIFICATE OF CONTINUITY The Contractor shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the contract period, including' any and all option years, if applicable. If the insurance certificates are scheduled to expire during the contract period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the ,event that expiration certificates are not replaced with new or renewed certificates that cover the contract period, the County shall suspend the contract until the new or renewed certificates are received by the County in the manner prescribed in the requirements; ;provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days,: County may, at its sole discretion, terminate the 'contract for cause. Prior to execution of the contract by the r County and commencement of the contracted services, the Contractor shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the contract. C. Indemnification 1 2 The Contrac` ^ -s shall indemnify, and hold harmless 1`,i County and its officers, employees, ants ' and instrumentalities from any id all liability, losses or 3 damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. The Contractor shall pay all claims and losses in connection' therewith and shall investigate and defend all claims, suits or actions of any kind' or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and 'agrees that any insurance. protection required by this Agreement or otherwise provided by the Contractor shall in no way limit' the responsibility - to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. D. Documents The Contractor shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1 °. Certificates of Insurance - original to be received by OCED within the first'month of this contract period, and submitted with each payment request, including any renewals, prior to payments made by the County. 2. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, 'Progress Report," as it may be revised by OCED, which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." The Contractor shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 11, 2005, July 11, 2005, October 10, 2005 and January 11, 2006. Quarterlv Reporting `when Subcontractors are Utilized Contractors are advised that when subcontractors or subconsultants are utilized to fulfill the terms and conditions of this contract, Miami -Dade County Resolution No. 1634 -93 will apply to this contract. This resolution requires the selected Contractors to file quarterly, reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the contractor directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. 3 The Contractor shall submit to OCE[ :cumulative account of its activities under this agreement by completing the following Y portions of the Progress Report Form: Section I - 'Status of Contracted Activities: The Contractor must report specific information regarding the status of the contracted activities, including, accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Contractors engaged in construction and /or housing rehabilitation' projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low ' income residents. The Contractor shall`" also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- Fiscal Information:` The Contractor must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Contractor shall; report on Program Income Usage for'each contracted activity. ' Section 111 - Minority Business Enterprise: I Minority Business Enterprise Report (First and Third Quarter Progress Report) '- The Contractor shall report to OCED the number of 'business activities involving minority vendors, including 1 subcontractors performing work under this Agreement. The "Minority Business Enterprise` Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be - completed semiannually by the Contractor and submitted to OCED no later than April 11, 2005 and October 10, 2005. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress` Report) - The Contractor shall` report to OCED the number of target and service area residents who have received employment opportunities from federally financed and assisted' projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the I form shall 'be completed semiannually by the Contractor' and submitted to OCED 'no later than -April 11, 2005 and October 10, 2005. The Contractor shall submit to the County, in a timely manner, any other information ` deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failuret to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Contractor in noncompliance with this Article. The " County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this 4 Contract by giving five days written Lice of such action to be taken. C. Unspecified Site(s) Objective - If ` the Contractor has not yet identified a location to carry out any of the activities described in Attachment A, the Contractor shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Contractor complies with the provisions contained within Section II, ; Paragraph D.4, of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Contractor; during the previous month. This Progress Report ' shall not be required if the Contractor is submitting the Progress Reports required by Section II, Paragraph D.2.a and Paragraph D.3. 3. Annual Report (Fourth Quarter Progress Report) -The Contractor shall submit a cumulative status report (hereinafter 'referred to as "Annual Report ") using the "Progress Report" specified in Section 11, Paragraph D.2.a. above, which shall 'describe the progress made by the Contractor in achieving each of the objectives identified' in Attachment A during the previous year. The "Annual Report" must cover the CD'BG fiscal year of January 1, 2005 through December 31, 2005 and shall be received by OCED no later than January 10, 2006. 4. Environmental Review - The Contractor immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried VU t pursuant to this contract, shaft submit information detailing the location of each site for which a Site Environmental Conditions Statement, -wilt be prepared as described in Article 11, Section E.S. of this contract as set forth below. The Environmental Review is to be prepared on information' contained in Attachment D "Information for Environmental Review Form." Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledgethat this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review `. and receipt by fthe participating iurisdiction, of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on the {participating iurisdictionsl determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. 5:. Audit Report The Contractor shall submit to OCED an annual audit report in triplicate as required by Section 11, Paragraph K of this contract, as set forth below. The Contractor shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26' and ' OMB A -133. 6. Personnel Policies and Administrative Procedures The Contractor shall submit detailed documents describing the Contractor's internal corporate or organizational structure, property management and procurement policies and procedures, "personnel management, accounting policies and procedures, etc. Such information shall be submitted to OCED within 30 days of the execution of this contract. 7. Inventory Report - The Contractor shall report annually all nonexpendable personal and real property purchased' with CDBG "funds from this and 5 prev 3s agreements with the County as spe :d in Section 11, Paragraph T of «pis contract. & Affirmative Action Plan - -The Contractor shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 'l. The Contractor shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low -and moderate - income'; persons; b. To aid in the prevention or elimination of slums or blight; C. To , meet community, development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low -and moderate- income persons, the Contractor" shalt ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than 51% of low -and moderate - income persons. 3. The Contractor shall comply with all applicable provisions of 24 CFR Part 570 and I shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Contractor is a primarily religious entity,` it shall comply with all provisions of 24 CFR 570.2000). 4. The Contractor agrees to comply with -(a) the Uniform' Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended' (URA), and implementing regulations at 49 CFR' Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606(d) governing' optional relocation policies. (The County may preemept the optional policies). The Contractor shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Contractor also agrees to comply' with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. , For each activity or portion of activity described in Attachment A hereto for which a location has not ,yet been identified, the Contractor shall obtain, immediately after a site is Identified by the Contractor, OCED's written N environmental clearance statement and shall agree in writing to comply i with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Contractor shall cooperate with OCED in informing the appropriate ej CDBG citizen participation structures, including the appropriate area committees, of the activities of the Contractor in adhering to the provisions of this contract. Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures, upon the u, request of the citizen participation officers, OCED, or the County. P 7. The Contractor shall make'; a good faith effort to address the concerns of the residents of the affected area. The Contractor shall cooperate with 6 OCE ` in informing the appropriate CDBG -ci' n participation structures, inch. -.rig the appropriate area committees, of the activities of the Contractor in adhering to the provisions of this contract. Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. B. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Contractor shall 'submit a written ' notification to the Urban' Development Division of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease.'' When the legality, of an occupant (individual, family, business, and /or industry) is in question, the Contractor shall contact the above mentioned unit prior to making a determination. Contractors receiving' CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property' Acquisition Act of 1970, as amended. 9 The Contractor shall adopt Affirmative Marketing' Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Contractor shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Contractor shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University' throughout the current contract period. The Contractor shall provide< written notification` to OCED, no later than30 days upon completion of the coursework. This requirement may be waived for Contractors who demonstrate' knowledge of real estate development and organizational management theory as determined by OCED in its sole discretion. OCED shall consider such waiver upon receipt of the 'written request by the Contractor. F. Lobbying Prohibition 1. The Contractor shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, ,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, ,the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Contractor shall disclose to OCED if any funds other than federal appropriated "funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 7 ..,, 3. The contractor shall ensure that the language in this Section 11, Paragraph ' F.1. 'and F2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subreciplents shall certify and disclose accordingly in connection with this activity. G. Federal, State, and County Laws and Regulations 1. The Contractor shall comply with applicable provisions of applicable federal, state, and County laws, regulations, and rules including OMB' A -122, OMB A -110, OMB A -21, OMB A -133, and with the applicable procedures specified in OCED's Contract, Compliance Manual, which are I' incorporated herein by reference, receipt of which is hereby acknowledged, i, and as they may be revised. 2. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973,, as amended, which prohibits discrimination on the basis of handicap; !, Title VI of the Civil Rights Act of 1964, as amended, which prohibits= discrimination on the basis of race, color, or national origin; the Age Discrimination Act: of 1975 as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil, Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the 1 basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 3 The Provider also agrees to comply with the Domestic Violence Leave I codified as 11A -60 et seq. of the Miami -Dade County Code, which requires J an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be g rounds: for voiding or terminating this Agreement or for i commencement of debarment proceedings against the Provider. 3. If the amount payable to the Contractor pursuant to the terms of this contract is in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of ',the Clean Air Act of 1970,'(42 U.S.C. 1857 h)„ as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251;), as amended; Section 508 of the Olean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order '11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Contractor shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited 6I those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative Action /Non - Discrimination of Employment, Promotion, and Procurement Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of 8 ?'`-:.."�' ".s." .iUAs 'r+ *R'"`2 }3'I '*'-'�'. i,ym_• -fr� Bus!, ;s Development. Said firms must als ,ubmit, as a part of their prop. --dls /bids to be filed with the Clerk of ,..a Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the 'Board, an appropriately' completed and signed Exemption Affidavit in accordance with Ordinance` 98 -30. These submittals shall be subject to periodic reviews to assure that the entities ,do not discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action; plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence :Leave Affidavit: Prior to entering into any contract with the County, a firm desiring to do business: with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular 'course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185-00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics: In accordance with Section 2- 8:1(1) of the Code of Miami-Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ( "Code ") and shall, prior to execution of any contract between the contractor and'the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2-8.10) of the Miami -Dade County Code (Form A -12).' Any person or entity that fails to submit the required' affidavit shall be ineligible for contract award 9. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a contract to provide any goods or services to a public entity, may not submit a contract with a public entity for the construction for repair of a public building or public work, may not submit leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida StatutesJor CATEGORY TWO ($10,000) for a period of 36 months from the date of being placed on the convicted vendor list. 9 - ,. �,% If any attest" s firm, or any owner, subsidiary , or othe m affiliated with or related ' to the "attes. _.g firm, is found by the responsible enfu,cement` agency, the Courts or the County to be 'in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami-Dade County Ownership Disclosure Affidavit 2.. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade' Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit' 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action` Affidavits 11. Current on all County Contracts, Loans, and Other Obligations` Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence; Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit' If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time' submitted its affidavit. I The applicable Acts are as follows: 1. 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 Title I, Employment; ;Title 11, Public Services; Title Ill, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 = 3631.' H. Conflicts with Applicable Laws If;any provision of this contract conflicts with any applicable law or regulation,' only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law, or, regulation or to be deleted if modification is impossible. However, the obligations under this contract,; as modified, shall continue and all other provisions of this contract shall remain in full force and effect. 1. Board of Directors If the Contractor is a Community Development Corporation (CDC), shall t have the option to appoint a representative to the Contractor's board of directors. j This representative shall not be considered in the counting of a quorum and shall have no voting privileges. J. Construction' 10 ,,... .. . If the Contr �r engages in, procures, or makes loa, for construction work, the Contractor s....11: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Contractor's procurement and pre' - award requirements and procedures which, at a "minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work 'Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to OCED for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted in Section IV, Paragraph K, prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10°l of the total grant award as a retainer until the completion of the construction work 1 is verified: by OCED through a Certificate of Occupancy: K. Audits and Records 1. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards- of $300,000 or more under only one federal program may elect to have aprogram- specific audit performed, in accordance with OMB A -133. Contractors who will be receiving, or who have received, federal awards for loans or loan guaranteed ;,programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies' providing those guarantees or loans. 2.- Nonprofit organizations that expend less than $300,000 annually in federal awards 'shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These lagencies are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Contractor elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Contractor. Each audit shall include a fiscal review, which includes a validation of all program generated income and its 'disposition, especially attributable to CDBG funds, an internal control review, and a' compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six 'months following the end of the Contractor's fiscal year. 11 4. If an dit is required by Paragraph K of this c 'ract, but the requirements of Oi...J A -133 do not apply or are not elected, .ne Contractor may choose ` to have an audit performed either on the basis of the Contractor's fiscal year or on the basis of the period during which OCED- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering, each assisted period until all the assistance received from this contract has been 'reported on. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those. -services` undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by OCED no later than six months following each audit period. 5. The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices' which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract, 6. The Contractor shall 1 maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 7. The Contractor shall ensure that the Contract Records shall be all times subject to and available for full access and review, inspection, or audit by County and federal;` personnel and any other personnel duly authorized by the County. 8. The Contractor shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services as such services are described in: his contract and defined by OCED, each of the record- keeping and audit` requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit' and record - keeping requirements described` above. 9. The County reserves the right to require the Contractor to submit to an audit by Audit and 'Management Services or other auditor of the County's choosing at the Contractor's expense. The Contractor shall provide access to all of its records, which relate' directly or indirectly to this Agreement at its place of business during regular business' hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the County; for three years 'following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting, and financial standards. 10. The Contractor shall ensure that its auditors share', their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. L. Retention of Records 1. The Contractor' shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period") subject to the limitations set forth below: 12 a. all non -CDBG assisted activities 'ie Retention Period shall r ,For begin upon the expiration or terminatiot. of this contract. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's - annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity, the Contractor must retain all contract records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities, the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph L.1.c., the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to 'real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Contractor shall allow the 'County, federal. personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Contractor shall notify OCED in writing, both during the pendency of this contract and after its expiration as part of the final closeout procedure, of the address where all contract` records will be retained. 5. The Contractor shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. M. Provision of Records 1. The Contractor shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. , 2. If the Contractor receives funds from,` or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Contractor shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 13 3. MIA' DADE COUNTY INSPECTOR GENERAL "VIEW • r According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided: below. The cost of the audit of any Contract " shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Contractor. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (1/4) of one percent fee- assessment: shall not apply to the following; contracts: (a) IPSIG contracts; (b) contracts for legal services;. (c) contracts for financial advisory services; (d) auditing contracts (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) ,'insurance contracts; (h) revenue- generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) professional- service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local government- funded grants; and (n) interlocal agreements.: the foregoin_g the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114), one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all County contracts including, but not limited to, those contracts specifically exempted above. N. Prior Approval The Contractor shall obtain written approval from OCED prior to undertaking any of the following: 1. The engagement' or execution of any subcontract(s) or contract assignments, wherein CDBG funds will be used to pay for goods or services. The contractor must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. Under no circumstances shall OCED approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract, 2. The addition of any positions not specifically, listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph T.I. of this contract. 6. Out -of -town travel not specifically listed in the approved budget - 7. The disposition of program income not specifically listed in the approved I, program income budget. 14 8. The ..blication of proposed Solicitation Noti..s, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph J of this contract. 9. The disposal of all contract records as provided for in Section, 11, Paragraph L of this contract. O. Monitoring The Contractor shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Contractor which are in any way connected to the activities undertaken pursuant to the terms of this contract, and /or to interview any clients, employees, subcontractors, or assignees of the Contractor. Following such inspection or interviews, OCED will deliver to the Contractor a report of its findings, and the Contractor Will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies. OCED will determine, in its sole and absolute discretion, whether or not the Contractor's justification is acceptable or if the Contractor must, despite the justification, rectify the deficiencies cited by OCED in its report. P. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial Intel rest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requded under this Agreement. The Contractor further covenants that in the performance of this Agreement no person having such a financial interest :shall be employed or 'retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Contractor shall make such disclosure in writing to OCED immediately upon the Contractor's discovery of such possible conflict. OCED will then render an opinion which shall be.binding on all parties. The Contractor shall submit to OCED all updated Conflict of Interest affidavits, 1 !1 Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. , ➢ Requests for budget, revisions. ➢ Requests for approval of subcontracts. Non- compliance with the above requirements will be considered a breach, of contract, which' will result in the immediate termination of the agreement, the " recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. Q. Related Parties The Contractor' shall report to OCED the name, purpose, and any other relevant information in connection with any related party transaction. This includes, but is not limited to, a for - profit or nonprofit subsidiary or affiliate organization, an 15 organizatio ;Pith overlapping boards of directors, a an organization for which the Contractor is responsible for appointing memberships. The Contractor shall report this information to OCED' upon forming the relationship or if already formed, shall report it immediately. Any supplemental 'information shall -be reported quarterly in the required Progress Report. The Contractor shall submit to OCED all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: Original contractor its subsequent amendments. ➢ Requests for budget revisions. Requests to, r approval of subcontracts. Non- compliance with the above requirements will be considered a breach of contract; which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. R. Publicity, Advertisements and Signage 1. The Contractor shall ensure that all publicity, public relations, advertisements and signs, recognizes the Miami -Dade Office of Community and Economic Development (OCED) and the Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami Dade OCED logo is permissible. 2. The Contractor, shall furnish, erect and maintain construction signs in accordance with 'Sketch included in these contract documents The signs shall be made of % inch thick marine ; I ood newt ainted and lettered p YW � y P according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather- resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer.. All materials shall be provided by the Contractor and the signs' shall remain' in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT I SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.' S. Procurement The Contractor must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured - pursuant to this contract. To the maximum extent feasible, these businesses shall be located, in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Contractor shall assure that all subcontracts or third party agreements contain provisions with stated goals, that ``low- income residents from Community lb , g Developmer ' Target and Service Areas be prov 1 with opportunities for employment wAd training in contracted activities. 1. In conformance with Section -3 of the Housing and Community Development Act of 1968, the Contractor must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: A. The work to be performed under this contract is subject to the requirements of section 3, of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very ? low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's' regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract` certify that they are under no contractual or other impediment that would prevent them from complying with the part 13.5 regulations. C. The contractor agrees to send to each labor' organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both ` employees and applicants for training, and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications' for each; and the name and location of the person(s) taking, applications for each of the positions; and the anticipated date the work shall begin. , D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided' in an applicable ,provision of the subcontract or in this section 3 clause,' upon a finding that the subcontractor is in; violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where` the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor, is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the 'contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect ` to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest 17 exte feasible (1) preference and opportunitie ;r training and employment shah je given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). H. Fair Subcontracting Policies (Ordinance 97 -35) All Contractors on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Contractors to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Contractor to discuss the Contractor's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Contractor's stated objectives. All Contractors seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see attached Form 'A -7.2). Contractors who fail to provide a statement of their policies' and procedures may not be recommended by the County Manager for award by the Board of County Commissioners: The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami- Dade'County from which the contract or subcontract will be performed. The term "subcontractor" means a business independent of <a Contractor that may agree with the Contractor to perform a portion of a contract. The term "subcontract" means an agreement between a Contractor and a subcontractor to perform a portion of a contract between the' - Contractor and the County. :! T. Property 1. Definitions - { a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 1 b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible:i All personal property having no physical existence such as patents, inventions, and copyrights. g . PRO ..� , , C. Nonexpendable Personal Property: T bible personal property of a nonconsumable nature, with a value of $750 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Contractor shall comply with the real property requirements as stated below: a. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: �) Used to meet one of the three (3) CDBG national objectives following the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this contract or such longer period as determined byOCED =then the Contractor shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition I of, or improvement' to, the property. Reimbursement is not required after the period of time specified in Paragraph T.2.a.1., above. b. Any real property under the Contractor's control that was acquired or improved in whole or in part ' with CDBG funds from OCED for $25,000- or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. C. All real property purchased in whole or in part with funds from this and previous contracts with OCED, or transferred to the Contractor after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Contractor and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Contractor; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective Mat will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. All real property shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED. This report shall include the elements listed. in Paragraph T.2.c., above." 19 _ e. County may require Co ictor to give a mortgage on all real property acquirea or improved in whole in part with CDBG funds to ensure compliance with the terms of this Agreement. Contractor shall execute any mortgage required by the County and pay any costs associated with recording and perfecting said mortgage. 3. The Contractor shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be listed in the property, records of' the Contractor and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; . present market value; 'property inventory number• , information on its condition; and information on transfer, replacement, or disposition of the property. i b. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Contractor and an inventory report shall be submitted 1, to OCED. The inventory report shall include the elements listed in Paragraph T.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or, in part with funds, given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4. The Contractor shall obtain prior written approval from OCED for the 1: 1 disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds . given to the Contractor or subcontractor pursuant to the terms of this contract. The Contractor: shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of - all such property to OCED. U. Program Income 1. Program income as defined in .24 CFR Part 570.500 means gross income received by the Contractor directly generated from activities supported by CDBG funds. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. if the Contractor generates program income, the Contractor may retain the program income and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this, contract. These additional costs need not be of a "kind that would be permissible as charges to this contract. However, the Contractor shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable .federal regulations or rules, or any County rules or ordinal nce. a. The Contractor shall comply with the program income provisions in OCED's Contract Compliance Manual, If any program income 1 provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. 20 Mig n.. ,.., _. .... b. The Contractor shall report to OCED aim . umulative program income generated from activities financed in whole or in part by funds from this contract. This information, along with a'check payable to Miami -Dade County for the generated program income must be submitted quarterly as part of the Fiscal Section of the Contractor's' Progress Report as outlined in Section it Paragraph D 2 a C. The Contractor shall report ,program income for as long as it receives and/or has control over program income generated from this and any previous contracts with OCED. d. The Contractor shall provide to OCED a written explanation of the activities to be assisted with program income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using program income. e. Subject to the limitations set forth in this paragraph, the Contractor may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as _ loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational,, costs for the same revolving loan activity' before the Contractor may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially' disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. L Any proceeds from the sale of property as detailed in Section 11, Paragraph T.4., above, shall be considered program income. j. The Contractor shall obtain, as part of the required audit report, validation by :a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Contractor shall transfer to the County any program income funds on hand, and any program income accounts receivable to any CDBG funded activities. OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). , 4. OCED, in its sole and absolute discretion, reserves the right; to pursue other courses of action in the retention and use of program income generated by the Contractor, and such action shall not require an amendment to this contract: V. Travel 21 The Contrar' r shall comply with the County's trave' olicies. "Documentation of travel exper, .s shall conform, to the requirements of -. 'ED's Contract Compliance Manual. W. Subcontracts and Assignments 1. Unless otherwise specified in this contract, the Contractor shall not subcontract; any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Contractor shall comply with County Resolution No. 1634-93, Section 10 -34 of the County Code and Section 2 -8.8 of the County. Code. The Contractor shall ensure that all subcontracts and assignments: ' a. Comply with all requirements and regulations ;specified in OCED's Contract Compliance Manual b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a ` complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive ro r p g ammatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; f. Result from an open competitive bid process generating a minimum of three bids. Such competitive process 'shall be described in writing, approved by the Board' of Directors and a copy of.which submitted to OCED. In such circumstances'', that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by OCED prior to the assignment or award of subcontract. The Contractor agrees that no assignment or sub- contract will be made or let in connection with the Agreement without the prior written: approval of OCED, which approval shall not be unreasonably withheld;` and that all such sub- contractor's or assignees shall be governed by the terms and intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. The Contractor shall incorporate in all consultant subcontracts this additional provision: j The Contractor is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the'' Consultant normally available to direct employees of the Contractor. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for 22 himsr'f,or herself and employees retained by tF- Consultant in carrying out the pe of Services provided in this subcon. A. 3. The Contractor > shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 4. The Contractor shall receive from OCED written: prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract." OCED's approval shall be obtained prior to the release of any funds to the subcontractor. 5. The Contractor shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this contract. 6 Approval by OCED of any subcontract or assignment shall not under any circumstance' be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon in this contract. 7.` If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Contractor shall provide the names of the subcontractors and suppliers to OCED. 8. The Contractor agrees that it will not change or substitute, subcontractors or suppliers from the list without prior written; approval from OCED. 9. Under no circumstances shall OCED approve the hiring of the Contractor's staff members as subcontractors: X. Additional Funding The Contractor shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Contractor's notification by the funding source. Y, Method of Payment The Contractor shall be paid as described below: 1. The Contractor shall be paid for those expenses allowed pursuant to the provisions provided below only when the Contractor submits to OCED adequate proof, as determined by OCED in its sole discretion,; that the Contractor has incurred the expenditures. It shall be presumed that the Contractor has provided adequate proof of having incurred expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative. When original documents cannot be presented, the Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED. The Contractor shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract` as it may be revised with the prior written approval; by OCED. 2. Requests for payment (reimbursement) shalt be assembled by calendar month and submitted to OCED no ` less frequently than monthly. Expenditures incurred by the Contractor must be submitted to OCED for 23 payrr -i,t within 30 days after the month in v,'-9ch the expenditures were incu► J. Failure to comply will result in rejecti, of invoices: 3. In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder, nor shall the Contractor advance CDBG funds to any party. 4. Any payment due under the terms of this contract may withheld pending the receipt and zapproval 'by OCED of all reports and documents which the Contractor is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scopes of service and payment is contingent on the achievement by the Contractor of the quarterly accomplishment levels identified in the scope of services portion of this agreement - Attachment "A," which shall be submitted with all payment requests-and shall clearly identify the completed level of accomplishments met. This requirement shall also apply to soft costs associated with project" delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED` must receive the final request for payment from the Contractor no more than thirty (30) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payment(s) if OCED in its sole discretion, so chooses. 7. All monies paid to the Contractor which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Compliance Manual. 8. An unexpended funds remaining after the completion of the services Y p g p under this contract, or after termination of this contract, shall be recaptured in full by the County. Z. Reversion of Assets ' The Contractor shall return to OCED, upon the assets owned or held as a result of this contract, including, but not limited to any funds on hand, any accounts expiration or termination of this contract, all receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments 'due to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Contractor by the County. The Contractor shall within thirty days of expiration or termination of this contract execute any and all documents as required by the County to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A -122, by the Contractor prior to the expiration or termination of this contract shall be retained by OCED. III. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $100,000. IV. The Contractor and OCED Agree: A. Effective Date 1. This contract shall begin on January' 1. 2005. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 24 1 Wpm 2. This ntract shall expire on December 31, M Any costs incurred by the Contractor beyond this date will not -be reimbursed by the County. The ` term of this agreement and the provisions herein shall be extended to cover any additonal time period during which the Contractor remains in control of the CDBG funds or other assests, including program income to support CDBG eligible activites. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Contractor has control over contract funds, including program income. However, the County shall have no obligation' or responsibility to make any payment, except those described within Section 11, Paragraph Y, or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B. Suspension 1. OCED 'may, for reasonable causes, temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both. Reasonable cause shall be determined by OCED,' in its sole and absolute discretion, and may include: a. Ineffective or improper use of these contract funds by the Contractor or any of its subcontractors; b. Failure by the Contractor to materially comply with any term or provision of this contract; C. Failure by the Contractor to submit any documents required by this contract; or d. The Contractor's submittal of incorrect or incomplete reports or other required documents. - 2. In the event of a default by the Contractor, OCED may at any time suspend the Contractor's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Contractor of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Contractor reasonable opportunity to' rectify any action or inaction referenced above. C. Termination 1. Termination at Will This contract," in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof' of delivery. 2. Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results 25 com• ?nsurate with the further expenditure funds. Both parties shall agre upon the termination conditions.. Olr._D, at its sole discretion, reserves the right to terminate this contract without cause - upon thirty (30) days, written notice. Upon receipt of such notice, the Contractor shall not incur any ,additional costs under this contract. OCED shall be liable only for reasonable costs incurred by the < Contractor prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short - fall, or a reduction' in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract "upon no less than twenty -four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority to determine whether or not funds are available. OCED may at its discretion terminate, renegotiate and /or adjust the contract award whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Contractor through Board of County Commissioners' action, the Contractor may, at its discretion, request in writing from the Director of OCED a' release from its contractual obligations to the 'County. The Director of OCED will review` the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, . when OCED determines, in its sole and absolute discretion, that the Contractor is not making sufficient progress thereby endangering ultimate contract` performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by OCED in writing, OCED may, by written notice to the Contractor, terminate this contract upon no less than twenty -four (24) 'hours notice. Said notice shall be delivered by ` certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be r a waiver of any other breach and shall not be construed to be a modification of the terms of this contract.' The provisions herein do not limit OCED's right to legal or equitable! remedies. 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section' 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud,, misrepresentation or, material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may ;terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such Termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement' may be disbarred from County contracting' for up to five (5) years. 26 7. Pay;: ant Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED determines, in its sole and absolute discretion, that federal, state, and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to federal, state and /or County revisions of any applicable laws or regulations, or increases in budget allocations. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Contractor shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract, or OCED's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as 'a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title' 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual ':These revisions shall not require a contract amendment unless the amount of this contract is changed i or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. Under no circumstances will OCED approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners, written notification via certified` mail to the Contractor advising of the funding reduction shall be sent by OCED no ;later than 5 working days of the action; written notification will constitute a contract amendment. The Contractor will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting, funding' adjustments. Should the modified budget not be received within the specified time, ! OCED will revise the budget at ifs discretion. OCED in its sole and absolute discretion' will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services,: when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G Disputes 27 In the event .'unresolved dispute exists between the -o' ntractor and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Contractor, or in the event additional time is necessary, OCED will notify the Contractor within the thirty (30) day period that additional time is necessary. The Contractor agrees that the County Manager's determination shall be final and binding on all parties. H. Headings The section and paragraph headings in this contract are inserted for convenience . only and shall not affect in any the meaning or interpretation of this contract. 1. Minority Participation In order to gain greater Black business participation, the Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shalt be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to I this contract, shall, to the extent permitted by law, be held in Miami Dade County, Florida. K. Independent Private Sector Inspector General Reviews Pursuant to :Miami -Dade County Administrative Order 3 -20, the Contractor is aware that the County has the right to retain the services of an Independent Private Sector Inspector General:. (hereinafter "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Contractor shall make available to the IPSIG retained by the County, all requested 'records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance' shall the Contractor's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Contractor, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and ;performance of the Contractor in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Contractor or,, any third party. L. Notice and Contact OCED's representative for this contract is Richard Hoberman`. The Contractor's representative for this contract is Silvia Jarquin. The Contractor's principal office is at 6130 SUNSET DR, S MIAMI, FL 33143. in the event that different, representatives are designated by either party after this contract is executed, or the Contractor' changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification` attached to originals of this contract. M Name and Address of Payee 28 When payn t is made to the Contractor's assignee a name and address of the r official`payc -- is: N/A N. Waiver of Trial Neither the Contractor, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Contractor, subcontractor or any such other person or entity shall seek a jury ; trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Contractor, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 0. Assignment The Contractor shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. P. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services, Attachment Al — Action Steps; Attachment B - Budget; ; Attachment B -1 ldemnification and 'insurance Requirements; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment F - Publicity, Advertisements and Signage ) contain all the terms and conditions agreed upon by the parties. 29 -^,i;'tw-a o 69 6q o 6% ° _ ° %9. AAV,I, W C c '0 N UL m� ' ui ¢ ° c m C7 2 o EL �-, 0 M v w 0 0 0 m o y " c c .Q a = w od °aa o > i.. a� v o o c o •� °' CL CL a 0 o o 04 _ 6 N a. ♦o'a. 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CITY OF SOUTH MIAMI, INC RECONSTRUCTION OF CHURCH STREET SW 59TH PLACE - IMPROVEMENTS DETAIL BUDGET January 1, 2005 thru December 31, 2005 4010 'Fringe Benefits FICA'(salaryX7.65 %) PP Non =OCED JOCED ' "" Total OCED I Total All Sources 4010 PERSONNEL- Employee - 31011 Telephone Long Distance 0 47010 Office Supplies/ Outside, Vendors 0 0.00 Regular- Salaries _0 Sub -Total Fringe 0' 0.00 Public Works Director I 0 2,000.00 2,000 2,000 Chief Accountant 0 11000.00 1,000 1,000 Grants Administrator 0 1,000.00 1,000 1,000' Sub -Total Salaries 0 4,000.00 4,0001 4,000 4010 'Fringe Benefits FICA'(salaryX7.65 %) 0, 0.001 0 0 0 31011 Telephone Long Distance 0 47010 Office Supplies/ Outside, Vendors 0 0.00 0 _0 Sub -Total Fringe 0' 0.00 0 A 0:00 0 0 Total Operating? Expenses 0 0:00 0 01 Total Personnel 0 4,00,0.00 4,000 4,000 Contractual Services TOTAL BUDGET 100,000 21011 External Audit 0 0.00 0 0 21012 Environmental Audit 01 0.00 0 0 21030 Other Professional- Svc Const Mgmt 01 0.00 1 01 0 21030 Other Professional Svc 01 0.00 1 01 0 22350 Bottled Water 0 0.001 0 0 25330 Rent Copier 0 0.00 0 0 25511 Building; Rental 0 ' 0.00 0 0 Total Contractual 0 10.00 0 0 Operating Expenses 31011 Telephone Regular 01, 0 0:00 01 0 31011 Telephone Long Distance 0 47010 Office Supplies/ Outside, Vendors 0 0.00 0 _0 31610 Postage 0 0.00 0 0 31420 Advertising Radio L 0 0:00 0 0 Total Operating? Expenses 0 0:00 0 01 Commodities 31510 Outside Printing 0 0.00 0 0 95020 Computer Purchase 0 0.00 0 0 47010 Office Supplies/ Outside, Vendors 0 0.00 0 0 Total Commodities 0 0.00 0 0 Capital Outlay 90 Construction 1 96,000.001 01 96,000 0 0.00 0 0 Total Capital Outlay 0 96,000.00 01 96,000 TOTAL BUDGET 100,000 01 100,000.00 1 4,0001 - m ATTACHMENT B -1 - INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of.actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor 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. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the < County or its officers, employees, agents and instrumentalities as herein. provided. The Contractor shall. furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I _ A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than '$500000 combined single limit per occurrence for bodily injury and property damage, Miami - Dade County must be shown as an additional insured with respect to this coverage: C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work,' in an amount not less than $500,000 combined single knit per occurrence for bodily injury and property damage. D. Completed .Value Builder's Risk. Insurance _on. an `.`All. Risk'.' .basis..in.an .amount not. less..-.. than one hundred' (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design P professional for project, m an 0 amount not less than $250,000 with the deductible per claim if any, not to exceed 10% of P the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Floridawith the following qualifications: The company must be rated no` less than `B" as to management, and no less than "Class V" as to financial strength, by the 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. 14H The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificates will indicate no modification' or change in insurance shall be made without thirty. (30) days in advance notice to the certificate holder IN WITNESS THEREOF, the parties hereto have caused this thirty (30) page contract to be executed by their undersigned officials as duly authorized, this day of 2005. CONTRACTOR: MIAMI -DADE COUNTY City of Sout Miami r BY: BY: NAME: Mari NAME: Davis George M. Burgess TITLE: City Manager TITLE: County Manager DATE: '� Q BY: G%,. ATTEST NAME �,`cLY/a / 1k1epie4WRZ_ BY: TITLE: Clerk, Board of County TITLE: Sr 71 DATE Commissioners Witnesses: BY: d ( ignature� Typ or Prick Name A r_ BY: e ), �gd ILMA AA (Si nature) Type or Print Name Federal ID Number: 59- 6000431 Resolution #: Index Code: CD531 C0006 Contract Number: 50816 Contractor's Fiscal Year Ending Date: 09/30/05 CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 30 i h o U IF�1 y W O r�, 4 W A U N o pa U co O H U H a W EwhEW. ® aU��U w A�x�A U�WE+O zx o�oaa aXw� w a h U w a �o x w� �w w� h F, U � w z � a W E.r w� w Os ® ® s s o o a V w F e. • • U SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a `unique identifier. This information must be provided for each vendor listed. RACE/ETHNIC GROUP: Enter the numeric code (1 through 6) that identifies the racial/ethnic background of the owner(s) and controller(s) of 51% of the business. If 51% of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor's /subcontractor's /vendor's services. The codes are mentioned in the front of this page. AMOUNT OF CONTRACT / Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and /or construction costs' for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS,' Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during.the reporting period. VENDORS This information must be reported for organizations with at least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of 12 2/14/05 9:10 AM pq . s 0 ' W 0 U0U • W L, Q. o-0 O W .O; cQ .� • !- O O Q b Q F- p O F- ' z � CO W O' 2 LL OO 0 ❑ aOVPz 9 zw�O> O a� ui 0 A M - �2zm LL. =)0=) Z Oct) d • Z W' y O a t CA ❑ � � e�coo o�o y • as m C i0 W a) _ Sa) - N L N R Q o a�a.2w0 ❑ 03 a. sCOU°OU >o 0 MM 20 �1' V M`Vp0p0 a.� S a j3 0 3 E _ Z. 2 aNm co 0 o ❑ �' 3 o aZ. U U LLooaoo °° O � � z W o o 0 O zz LLI U o a¢ a Zo Wo c°� �, W A O }aowo3: O F-�?NA V a w ': N Z W a z � ¢ z °z� L7 H p w <EE O a H [�' 0-4 U H' • . ��gw�.� V H U . Vw<2Qw �oi d Za�< =Qv •; UJ � a z w w o pc U ��az =QO v N ` �-," rP �� .;c��a'�"'�b •` �—" —...� ,k . *� °"lfi- '�2?"" r,�'T..; a lr.,'°W«�3'",.��f�`;.. ". _ i U.S. HUD SECTION 3 REPORT PART THREE — SUMMARY Indicates the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low — and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) 0 Attempted to recruit residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section `3 covered program or project is located, or similar: ❑ ' Participated in a HUD program or other program which promotes the training: or employment of Section 3 Residents. ]Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑' Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ ' Other, describe below. i Page 11 of 12 U14/0 9:10 AM SECTION IV: U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR 1 2 3 4 (CIRCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE #: (SIGNATURE) PART ONE - EMPLOYMENT & TRAINING — To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January 15. JOB CATEGORY A B C D E F G_, % B TO Total Total New % of New Total Total % of RACIAL/ETHNIC CODES Contracts New Hires who Hires that Employee 3 Employee 1 2 3 4 5 Hires are are Trainee Employee Trainee White African Native Hispanic Asian or American (Total of Section 3 Section 3 Hours Trainee Hours Amer. Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer. G. 115) (B /A) Hours Section 3 CONSTRUCTION Residents Worked) by. Section 3 Residents PROFESSIONAL TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER: TOTAL: PART TWO — SUBCONTRACTS AWARDED — for goods and services associated with this project. 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C.,w �m A r, -0.>. W:gmno�v °`av m �Y E...� ag�E.. CL `m p E o a o a c m c m a z b m b o u _ E ° $Z o mm c o°ma r6 a E m e ao C.U..mi0 m am m� m c m� ° r m m w `m o E:3� c o g mm` mv:¢o cro ; •O``o¢ U 4m = 0 V:c o p mm d= 3 =c c-Oa�m amyeson O �i� °0 b. c m °—D W >• O a c v e L O O y o c m cE .mE v o �R� c oaf o co —° N E C7 U O Z c. a; E W 3, U m E A A o E aor L ommo cv �« E W m c m name ri3om:... vLOm:po O L oe t��.O a_ U.= oimi.:= a` mnc„ �myomr� .- a.W_onn`:a....n,no.�Unna .r-- erg- ,,.,�+��`s .r-- erg- ,,.,�+��`s 4 b Page Z of 5 9. Detailed description of activity or project: 10. Purpose of activity or project: 11. Status of activity or project: Part II. Will the activity or project result in the following? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition Site improvements (utilities; sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Building improvements (windows, doors, etc.) Displacement of persons, households of business Increase in population working or living on site Land acquisition Activity in 100 -year floodplain A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). Page 3 of 5 Part M. A. Site Information Land use (please describe) • Existing Proposed B. If activity includes new construction, renovation or rehabilitation, photogfaphs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots.. The' photographs shall be identified by address.. In addition, provide for each existing structure on the site,: the following information: • Existing structure(s)`on site: Yes No • Estimated age of structure(s) . C. Other Site information: Yes No Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? Abandoned structure(s) on site? ry t, T Page 4 of 5 D. If the proposed activity includes a new structure(s) or site improvements on a site of one (1) acre.or more, a site plan must be provided. Project(s) will not be - environmentally reviewed without a site plan. E If the . proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost and the amount sought for funding In addition, indicate if the estimated value of the improvement represents: 0 to 39.9 percent of the market value of the structure(s) 40 to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) 75 percent or more of the market value of the structure(s) F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide a . Phase I Environmental Audit determining the likely presence of either a release. or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last .50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damage vegetation or stains in the soil. Has a Phase I been performed: Yes No If yes, a copy of the Phase I Environmental Audit must be submitted. G. Environmental Health Information • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? Yes No If yes, please submit the results. Page 5 of 5 • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? 'ides No If yes, please submit the results. .Part IV. Other Required Submittal Documents: 1. .Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic; proprieties, include: Submit photographs of the property, and .a description of any adjacent historic properties -that may be affected by your activity. Part V. I certify to the, accuracy of the above information. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami, Florida 33130 CE �TII;'fCATh 1Y IWGARDING LOBBYW .TTACYRgENT E Certification foz'ontrecis, (TrBII#S,'Lo8ti8 and Coope'gfive;Agreemeaia - lna und, � gned certifies, to the beat of his or her knowledge. and beha4 that 1. No Federal appropriated fiords have been paid or will be paid; by or on behalf of the . or to influence an officer or undersigned, to any p for figuencing _ employe of any agemsaY, a Member of Congre ss,. en officer or employee of or an boy m oomnection w the �, ee of a Member 'of of Cougrass awarding of anf Fedaral contract, the maldng-of any Federal grant, them. king of any Fe &nzl loan, the- entering into of a� 000pe�ative egreamnent, and the extension, oontinuai on, renevcral, amendment or modification of any Federal contract, grant; loan or cooperative sgreoosent. 2. If any finds ofhcr thaw Fe derai appropr &ed fiords have been paid or will be paid to any person for influencing or atte to influence: an officer 'ar en;aployex of agency, Member of Congress, an officer or employed , of 'Congress, or an employee of a, Member of Congress in eonnacdon with thus Federal contract, grant, loan or cooperaave agreennant, the undersigned aball cample and submit Standard Form LLL, _ `Disclosure Form to R�cport Lobbying," in accordences with its ins ri ions. 1. Tba undersigned shall requim that the language: of this cerdf cation be, included, in the $ward doctmnenfs for all subwarris at all tiers; (including subcontracts, subgraats, and contracts under grants, lows. and`. cooperrativei agc^ee mts) and tbaf- all y siibrecipients shall certify anal disclose icc Y• :. This certification is a material rgxwcnitefton of fact upon which reliance was glacod When this transaction was made. or e�atered into. Submission of mis certification is a prenaqusite for making or entering mien this transecfiion imposed by section 1352, title 311 U.S. Code. Anypersonwho fi& to RIO the required- eeyrtificat on shall be subject to a civil penalty of not less fiaan $10,000 and-not more than $100,000 for each such BY: _ aA orlmd RopcewntWve} (Print Name of ramff and Aatborimd Repremtl&v) DATE; �} e ATTACHMENT F 2b 'M'~ Sign Project Name The sign (s) shall be made of inch thick I marine - plywood, newly Project Cost painted and lettered in accordance with professional outdoor sign Contractor painting standards as to layout, symmetry, proportion, clarity. and Miami -Dade County neatness with the use of weather - Carlos Alvarez resistant colors. and materials. The Mayor Contractor shall place the sign (s). securely; braced and mounted." All Board of County Commissioners materials shall be provided by the ,Contractor and the sign(s)..:shalt ' Joe A. Martinez remain in the- property of the Chairperson Owner at the. completion of the 410' contract. LBarbara J. Jordan Katy Sorenson District 1 Disfrict8 Sign Su rt Si g PU Dorrin D. Rolle Dennis C. Moss The sign shall be free standing, District 2 ` District 9 prominently displayed as directed • Dr. Barbara Carey - Shuler Sen. Javier D. Souto u Oted .representative, and supported by two 4 "z4 "x10' s District 3 District 10 pressure treated timbers securely . Sally A. Heyman Joe A. Martinez fastened to the rear of the sign and . District 4- District 11 sunk 4' below grade. Clearance Bruno A. Barreiro Jose "Pepe" Diaz from the bottom: of the sign to the District 3 District 12 ground shall be 1. Rebeca Sosa Natacha Seijas District 6' . District 13 Carlos A. Gimenez District 7 Harvey Ruvin Clerk of the Circuit and County . Courts George At Burgess County un Manager _ g Robert A. Ginsburg County Attorney Zr �n 9 .�, iMiEr- 1 � �* MIAMI DA D COMMUNITYAND ECONOMIC DEVELOPMENT Over 25 Years of Strengthening Miami Dade County 4'0" =ICE OF COMMUNITY AND ECONOMIC DEVELOPMENT MIAMI-EMDE Director's Office PHONE: 305 - 375 -3827 FAX: 305 - 375 -3428 140 W. FLAGLER STREET, SUITE 1000 smu @miamidade,gov j MIAMI, FL 33130 -1561 -www.miamidade.gov /ced/ 3 July 8, 2005 Mr. Ajibola Balogun, REM, CFEA Public Works & Engineering Director E 1G►tNEE T O City of South Miami p1a'�G 4795 SW 75h Avenue Miami, Florida 33155 Dear Mr. Balogun: Subject: FY05 CDBG Contract Church Street Improvements, Phase 2 Budget Revision No. I Attached is an approved `,Bud. et Revision No.l to the fiscal year 2005 CDBG Contract with the ? g Y I City of South Miami. If you have any questions, please call me at (305) 375 -3472. Sincerely,' Richard Hoberman Contracts Officer Attachment I j, i r I� 1 1 C:1WIND0WS \Desktop \WORD PRO DOCUMENTS\M OF SOUTHM[AMI CDBGFY05BUDREVI.doa Last saved by Richard Hobennan 7/8/05 5:04 PM ` i 04010 Fringe Benefits PP Non OCED OCED Totd OCED Total All Sources 04010 PERSONNEL =LmElo lee 0.00 Mica: 11,000x0145 =160 61620 0 0.00 Regular - SaMes 0.00 ` Subtotal Fringe $77,452.001 0 0.00 Public Works Director 0.00 - 0 2,000.00 2,000.00 2,000.00 Chief Accountant $0.00: 0 1,000:00 1,000.00 1,000.00 Giants Administrator $4,000.00 0 1,000.00 1,000.00 1,000:00 0.00 - $0.00. 25511 Building Rental 0 0.00 Subtotal Salaries $0.00 0 4,000.00 4,000.00 $4000.00 04010 Fringe Benefits Fca: 11,000x0620+628x100 %; Basic Architectural fees 0 0.00 0.00 0.00 Mica: 11,000x0145 =160 61620 0 0.00 0.00 0.00 ` Subtotal Fringe $77,452.001 0 0.00 0.00 0.00 - 21030 Other Professional Svc.° 1 $77.452.00 0 0.00 0.00 $0.00: Total Personnel 0 4,000.00 4,000.00 $4,000.00 Contractual Services 21011 Extemal Audit Basic Architectural fees 0 0.00 0.00 $0.00, 21012 Environmental Audit 61620 0 0.00: 0.00' $0.00 21030 OdwrProfessional -Svc. Coast. Mgm $77,452.001 0 0.00 18,548 $18,548.00: 21030 Other Professional Svc.° 1 $77.452.00 0 0.00 0.00 $0.00: 22350 Bottled Water 0 0.00 0.00'' $0.00 25330 Rent Copier ` 0 0.00 0.00 - $0.00. 25511 Building Rental 0 0.00 6,000 " $0.00 Total Contractual 0 0.00 18,548 $18A48.00 ; Operang Expense 31011 Tel' hone ReguW Basic Architectural fees 0 0.00 0.00 , $0.00' 31011 Tel ' hone Long Distance 61620 0 0.00 , 0.00'' $0.00' 31610 Postage $77,452.001 0 0.00 0.00. $0.00 31420 Advertising Radio 1 $77.452.00 0 0.00- 0.00 $0.00 Total Operating Expense 0 0.00 0.00 $0.00 Commodities 31510 Outside Printing Basic Architectural fees 0 Obo 1 0.00 $0.00 95020 Co" uter Purchase 61620 0 0.00 0.00' $0.00 47010 Offices lies/Outside Vendors $77,452.001 0 0.00 0.00 $0.00 Total Commodities ', 1 $77.452.00 0 0.00 ' 0.00 $0:00 C Owky 61620 Basic Architectural fees 0 0.00 ` 0 $0.00 61620 Prime contractor _ 0 0.00 77,452 $77,452.001 Total Pap Outlay 0 1 0.00_1 77,452 1 $77.452.00 our South Miami brat" CITY OF SOUTH MIAMI' `" 7 OFFICE OF THE CITY MANAGER z a Rl ° INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor `& Date: January s J, 2006 City Commission From: Maria V. Davis !( Agenda item 0 City Manager Authorizing the City Manager to execute time extension contract amendment two with Miami -Dade County Office of Community and Economic Development FY 2004 RESOLUTION. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER TWO WITH MIAMI -DARE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME EXTENSION OF SIX MONTHS FROM DECEMBER 31, 2005 TO JUNE 30, 2006 FOR THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF $95,000 FOR CHURCH STREET IMPROVEMENT PHASE 2 PROVIDING AN EFFECTIVE DATE. BACKGWUND AND ANALYSIS,-- Miami -Dade County Office of Community and Economic Development (OCED) awarded a $95,000 grant to the City in January 2004 for the Church Street Improvements (Phase 11) for a twelve month period. However, due to contract execution delays by the County, the grant agreement documents were not finalized and received until April 2004, thus delaying the project start date by at least four months. Due to the delay, OCED agreed to amend the FY 2004 agreement completion date to coincide with that of the FY 2005 agreement to December 31, 2005. However, due to additional delays from the county with the execution of the grant agreement documents, and with the ' impact of an unusually active and disruptive hurricane season, the project experienced more delays. Asa consequence of these delays, , OCED has agreed to amend the FY 2004 agreement by extending the funding period and completion date from December 31, 2005 to June 30, 2006. Thus, ensuring ` enough time to complete the project and drawdown all grant funds and allowing the contract period to coincide with the FY 2005 contract period. RECOMMENDATION: It is recommended that the City Commission approve the attached resolution. ATTACHMgNT4S4: • Proposed Resolution • FY 2004 OCED Contract Agreement Amendment 1 • Approved Resolution No. 2-04-11781 MVD\ rR\JE$ CADocuments and SettingsWreveloft DocumentslAgends kemsWomm Memo - OCED Time Extenstion 2005.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE 4 CITY OF SOUTH NUMB FLORIDA, AUTHORIZING THE CITY 5 MANAGER. TO EXECUTE CONTRACT AMENDMENT NUMBER TWO 6 WITH MIAMI DADS COUNTY OFFICE COMMUNITY AND ECONOMIC 7 DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM 8 DECEMBER 31, 2005 TO JUNE 30, 2006 FOR THE FY 2004 COMMUNITY 9 DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT OF $95,000_ 10 FOR CHURCH STREET IMPROVEMENT PHASE 2 PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, on January 6, 2004, the Mayor and City Commission authorized the City 14 Manager to execute a grant agreement. with Miami Dade County for the Church Street 15 Improvements Phase R grant award of $95,000 through the Office of Community and Economic 16 Development (OCED), and 17 18 WHEREAS, on April 6, 2004, the Mayor and City Commission obtained grant fiends for the 19 Church Street Improvements (Phase 11) from the Miami bade County Office of Community and 20 Economic Development which funding was to be utilized for a twelve month period with a 21 completion date of December 31, 2004; and 22 23 WHEREAS, due to delays from the county while executing the agreement, timely 24 expenditures for the Church Street project were not possible and the County agreed to approve a 25 time extension of twelve months to December 31, 2005; and 26 27 WHEREAS, it is necessary to extend the contract completion date another six (6) months 28 from December 31 2005 to June 30, 2006, due to the delays as a result of an unusually active and 29 disruptive hurricane season of 2005, in order to complete the project and comply with the funding 30 requirements; and 31 32 WHEREAS, the City has contacted the County (OCED) to obtain an extension on the 33 completion date for another six months, and OCED has agreed to honor the request following the 34 receipt of an approved resolution by the City yCommission 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 37 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 38 39 Section 1: The above "Whereas Clauses" are incorporated by reference into this resolution. 41 Simon 2: The City wishes to 'extend the completion date for FY 2004 CDBG contract for 42 Church Street by six months from Dumber 31, 2005 to June 30, 2006. 43 44 Section 3: The Mayor and City Commission authorize the City Manager to execute contract 45 amendment two for FY ,2004 with Miami Dade County's Office of Community and 'Economic 46 Development. The contract amendment one is attached and :incorporated by reference into this 47 resolution as ``Exhibit 1. 48 49 Section 4: This Resolution shall be effective immediately upon adoption. 2004 CDBG Time Extension #2 Resolution Page i of 2 2 PASSED AND :ADOPTED this day of , 2006. 3 4 APPROVED: ATTEST: 5 6 8 CITY CLERK MAYOR 9 10 11 READ AND APPROVED AS TO FORM COMMISSION' VOTE: 12 Mayor Russell: 13 Vice Mayor Palmer: 14 Commissioner Wiscombe: 15 CITY" ATTORNEY Commissioner Birts- Cooper: 16 Commissioner Sherar: 17 18 C UMmwnft ma SeWnpeMd.Wy D..u.Mskwwd uz+ u eo ��aa r r.&C 2004 CDBG Time Extension 42 Resolution Page 2 of 2 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT MMF Acting' Director's Office 0 0M PHONE: 305 - 375 -3422 FAX: 305 -375 -3428 140 W. FLAGLER STREET, SUITE 1000 smu @miamidade.gov MIAMI, FL 33130 -1561 www.miamidade.gov /ced/ December 20, 2005 Ms. Joanna Revelo Grants Administrator City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Revelo: Re: FY04 £DBG Contract - $ 95,000 FY05 CDBG Contract - $100,000 We have reviewed your recent letter to extend the contract completion dates for the two above identified contracts from December 31, 2005 to June 30, 2006. It is noted that $1,511 has been drawn down on the fiscal year 2004 contract and $902 has been drawn down on the fiscal year 2005 contract. Your request is approved subject to the 'submission of a revised scope of services to reflect the new time period, and if appropriate, a revised budget. In addition, a City of South Miami Resolution authorizing the amendments to the two contracts is also required. Please submit the first two items within two weeks and the resolution no later than January 16, 2006. Every effort should be made to draw down these funds as soon as practicable. This course of action will prevent the recapture of the award. Please contact your contracts officer, Richard Hoberman, at 305- 375 -3472 if you have any questions: Si re Zaf ed, Director Community Development Division ZA/RH C:\Documents and Settings\hober\Desktop\rsh \CITY OF S MIAMI FT04 & FY05'CONTREXT. LETR.docW Charles F. Elsesser Florida Legal Services gaby my . documents r (2-, 21.05 ,... -- _�- .'°-- "- -^�:�, ,^-c .•.,,:.,, , ,vim,.. ;- '- :^'�^.�r.�^ ,-n -sv�'r trot,. =`` . ,.-^�, �,•.'i .;.. '�^�.,; ^7'`S+`� {in"'°' — g, i"'� s. —''�'— RESOLUTION NO. 24 -05 -12003 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY ` MANAGER TO EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT ' FOR 'TIME EXTENSION ON THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR CHURCH STREET IMPROVEMENT PHASE 2; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on April 6, 2004, the Mayor and City Commission obtained grant funds for Church Street Improvements (Phase II) from the Miami -Dade County Office of Community and Economic Development, which funding was to be utilized for twelvemonth period, but the states December 2004 completion date; WHEREAS, the city has experienced delays in making the expenditures under the grant because the City received the fully executed agreement from the County very late and the County staff agreed to combine the 2004 funding with 2005 funding for more complete project, and WHEREAS, the underlying grant 'agreement is about to expire, and the Mayor and City Commission wish to maintain FY 2004 grant funds from Miami -Dade County Office of Community & Economic Development so as to complete the project that was initiated; and WHEREAS, it is necessary to extend the contract time for the FY 2004 Community Development Block Grant in order to accomplish the Church Street Improvement (Phase II). WHEREAS, the. city has contacted Miami Dade County Office of Community & Economic Development in order to obtain an extension on the grant funding deadline and the County has agreed to honor :the request following the receipt of approved resolution by the City Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section I: The above whereas clauses are incorporated by reference into this resolution. Section 2.: The city desires to extend the contract time for FY 2004 CDBG funding from Miami Dade County Office of Community & Economic Development. Section 3: The Mayor and City Commission authorize the City' Manager to execute Contract Amendment One with Miami -Dade County of Community Development, which contract is attached and incorporated by reference into this resolution as exhibit 1. Section 4: This resolution shall be effective immediately. I' 2e.r ,. - --',r a-f `.'( .?—. ...y— - . >—..:u , ..•ry ---` , Pg. 2' of Res. 'No. 24 -05 -12003 PASSED AND ADOPTED this /5 day of February, 2005. APPROVED: ATTEST: Maria Menendez, City Clerk Mary Scott Russell, Mayor READ AND APPROVED AS TO FORM: Commission Vote: 4-1 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea C ATTORNEY Commissioner Sherar: Nay C: \Documents and SettingswmenendeTocal Settings \Temporary Internet Files \0LKA0 \CDBG Amendment 1 2005.doc 1 =ICE OF COMMUNITY AND MIAMI�DAD'E ECONOMIC DEVELOPMENT _ C Director's Office COMMUNITYAND ECONOMIC DEVELOPMENT` PHONE: 305 - 375 -3431 FAX: 305 -375 -3428 140`W. FLAGLER STREET, SUITE 1000 kfinnie @miamidade.gov MIAMI, FL 33130 -1561 www .co.miami - dade.fl.us /ced/ April 29, 2005 Ms. Silvia Jarquin Grants Administrator City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Jarquinc Re: FY 2004 CDBG Contract, Amendment One $95,000 I am pleased to enclose a fully executed counterpart of Amendment One to the FY 2004 CDBG contract with the City of South Miami. The purpose of the amendment is to extend the project's completion date from December 31, 2004 to December 31, 2005. If you have any questions, please call me at (305) 375 -3472, Sincerely, /. 44t-�--� Richard Hobe: rman Contracts Officer Enclosure i I C: \WINDOWS\Desktop \WORD PRO DOCUMENTS \CITY OF SOUTH MIAMI FY04 AMEND ONE FIN LTR.doc Last saved by Richard Hoberram 4/29/05 2:36 PM - t AMENDMENT ONE TO FY 2004 CDBG CONTRACT BETWEEN MIAMI -DADS COUNTY AND CITY OF SOUTH MIAMI The FY 2004 CDBG'Contract between Miami -Dade County and the City of South Miami executed on March 3e, 2004, is amended as follows: 1. Paragraph IV. The Contractor and County Agrees: A. 2. Effective Date This contract shall expire on December 31, 2005..' 2. The effective date of this amendment is December 31 2004 3. Attachments A & B are revised as indicated in Attachments A & B. Except for the. changes enumerated above, all other provisions of the contract shall remain in full force and effect. This Amendment is hereby made 'a part of the contract. THIS SPACE IS INTENTIONALLY LEFT BLANK IN WITNESS THEREG the parties hereto have caused this five �) page amendment to be executed by their undersigned officials as duly authorized, this day of AlpR� 2005 CONTRACTOR: MIAMI -DADS COUNTY CITY OF SOUTH MIAMI BY: BY: �. NAME: Maria Davis NAME: George M. Burgess TITLE: City Mana er TITLE: County ,Manager DATE: o A ST' , ATTEST; TITLE: rk Board of County ••o ...,i Toners �• ;ono •%J/ BY Q °►�° / . toUNIY, M.•. Co v • TITLE: CITY CLERK t a e ti° DATE:. Federal ID Number: 59- 6000431 Resolution #: R- 1448 -03 Contractor's Fiscal Year Ending Dates CORPORATE SEAL: i i j AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES �, - max, "will �,... r... , \ < - *FFICE OF COMMUNITY AND M1� DAD ° ECONOMIC DEVELOPMENT Director's Office COMMUNITYAND ECONOMIC DEVELOPMENT PHONE: 305- 375 -3431 FAX: 305- 375 -3428 140 W. FLAGLER STREET, SUITE 1000 kfinnie @miamidade.gov MIAMI, FL 33130 -1561 www.co.miami- dade.fl.us /ced/ April 6, 2004 Ms. Silvia Jarquin Grants Administrator City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Ms. Jarquin: Re: FY 2004 CDBG Contract $95,000 I am pleased to enclose a fully executed counterpart of the FY 2004 CDBG contract with your organization. As a reminder, progress reports' are due ten days after the end of each quarterly period. Failure to submit these reports on a timely basis will adversely affect your ranking in next year's funding process. I look forward to working with you on this project. If you have any questions or concerns, please call me at (305) 375 -3472. Sincerely, .�J �/� Richard Hoberman Contracts' Officer Enclosure C: \WINDOWS\Desktop \WORD PRO DOCUMENTS \CITY IF SOUTH MIAMI FY04 CDBG Final Contract Ltr.doc Last saved by Richard Hobetman 4/6/04 2:50 PM ��«eM CDBG FY 2004 Non- Profit FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND City of South Miami This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, a Florida nonprofit organization, hereinafter referred to as the "Contractor ". The parties agree: L Definitions OCED Office of Community and Economic Development or its successor Department i 24 CFR Part 570 -CDBG Federal r.egulations, implementing Title I of the Housing g and Community Development Act of 1974, as amended Community Development Block Grant Community Development A local agency that is organized to meet community Corporation development needs with particular emphasis on the economic development, housing and revitalization needs of low -and moderate-income area residents and which is receptive to the needs expressed by the community. Low- and Moderate- Income A member of low -and moderate - income family i.e., a Person family whose income is within specified income limits set forth by U.S HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, 'electronic or electrical, _however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Contractor or any subcontractor in carrying out the duties' and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers,' drawings, maps, pamphlets, designs,' electronic tapes,, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Contractor from any source during the 'period of time in * which the Contractor is performing the obligations set forth in this contract. Subrecipient A public agency or nonprofit organization selected by the County to administer all or a portion of the County's CDBG program. Contractor Recipient of CDBG funds from Miami Dade County I i IL The Contractor Agret. A. The Contractor shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Dade: B. Idemnification °and Insurance Requirements The Contractor shall comply with the idemnification and insurance requirements outlined in Attachment B -1 of this agreement. All certificates and insurance updates must identify the names of the Contractor and the activity being funded through "this agreement. CONTRACTOR LIABILITY OBLIGATION Compliance with the requirements in Attachment B -1 shall not relieve the Contractor of his liability and obligation under this. subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the! Board of County Commissioners' approval. If the Insurance' Certificate ; is received within' the specified period, but not in the 'manner prescribed in these requirements, the Contractor shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Contractor fails to submit the required, insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the Contractor shall be in default of the terms and conditions of the contract. CERTIFICATE OF CONTINUITY The Contractor shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the contract period, including any and all option years, if applicable. _ If the insurance certificates are scheduled to expire during the contract period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the County' at a minimum of 'thirty (30) calendar days before such expiration. In :the event that expiration certificates are not replaced with new or renewed` certificates that cover the contract' period, the County shall suspend the contract until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty' (30) calendar days. If such suspension exceeds thirty ' (30) calendar days, the County may, at its sole discretion, terminate the contract for cause. Prior to execution of the contract by the County and commencement of the contracted services, the Contractor shall obtain all insurance required under this Section and submit same to the County for approval. All insurance' shall be maintained throughout the term of the contract. C. Indemnification The Contractors shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses' or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor` or its employees, agents, servants,; partners ' principals or subcontractors. The Contractor shall, pay all claims and losses'' in connection therewith and shalt investigate and defend all claims, suits or actions of any kind' 2 or nature in se name of the County, where app, j ble, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands' and agrees that any insurance protection required by this :Agreement or otherwise provided by the Contractor shall in no way limit the responsibility, to indemnify, keep and save harmless and defend the County or its officers, employees, agents - and instrumentalities as herein provided. D. Documents The Contractor shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. - 1. Certificates of Insurance - original to be received by OCED within the first month of this contract period and prior to payments made by the 'County and as they are renewed throughout this contract period. 2. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." 3 The Contractor shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 12, 2004, July 12, 2004, October 12, 2004 and January 12, 2005. Quarteriv Reportina when Subcontractors are Utilized Contractors are advised that when subcontractors or subconsuitants are utilized to fulfill the terms and conditions of this contract, Miami -Dade, County Resolution No. 1634 -93 will apply to this contract. This resolution requires the selected Contractors to file quarterly' reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the contractor directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listedi businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be I in addition to any ,_other reporting requirements; required by law, ordinance or administrative, order` The Contractor shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section t - Status of Contracted Activities: The Contractor must report specific information regarding the status" of the contracted activities, including accomplishments and /or delays encounterediiduring the implementation of the project 1 and an unduplicated count of clients served during the reporting period (if applicable) for' each ;federally defined ethnic category. Contractors engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the 3 number of housing units completed anL. Jccupied by low- moderate and 'low income residents. The Contractor shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services,; must be addressed as part of this report. Section 11- Fiscal information The Contractor must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Contractor' shall report on Program Income Usage for each contracted activity. Section III - Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report) -'The Contractor shall report to OCED the number of business activities involving ;minority vendors, including subcontractors performing work under this Agreement. The "Minority Business Enterprise Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 12, 2004 and October 12, 2004. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report "'(First and Third Quarter Progress Report) The Contractor shall report to OCED the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report ' Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 12, 2004 a, nd October 12, 2004.. The Contractor shall submit to the County, in a timely manner, any other information 'deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to :.submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Contractor in noncompliance with this Article. The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Contract by giving ;five days written notice of such action to be taken.' C. Unspecified Site(s) Objective - if the Contractor has not ,yet identified a location to carry out any of the activities described in Attachment A, the Contractor shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Contractor complies with the provisions contained within Section 11, Paragraph DA. of this contract. Copies of the above described Progress Report'shall be y (0th) business day of received b OCED no later than the tenth 1 each month and shall address the progress undertaken by the Contractor during the previous month. This Progress Report shall E �.m of be required if the Contractor is subs. the Progress Reports _ng required by Section II, Paragraph D.2.a and Paragraph D.3. 3. Annual Report (Fourth Quarter Progress 'Report) -The Contractor shall submit a cumulative status report (hereinafter referred to as "Annual Report ") using the "Progress Report" specified in Section 11, Paragraph D.2.a. above, which shall describe the progress made by the Contractor in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2004 through December 31,'2004 and shall be received by OCED no later than January 12, 2005.. 4. Environmental Review - The 'Contractor immediately upon locating or determining .a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location - of each site for which a_Site Environmental Conditions Statement, will be prepared as Ad scribed in Article II, Section E.5. of this contract as set forth below. The ` Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute 'a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt` by rthe participating iurisdiction, insular area or state reciuientl of a release funds from the U.S. Department of Housinnand Urban 5. of Development 'for the State of .... I under 24 CFR Part 58. The parties further agree that the provision of any funds to the broiect is conditioned on the rpaIiticipatina , iurisdiction.' insular area or state recipients'sl determination to proceed with, modify or cancel the: proiect based on the results of a subsequent environmental review. - .Audit Report - -The Contractor shall submit to OCED an annual audit report in triplicate as required by Section 11, Paragraph K of this contract, as set forth below. 6. Personnel Policies and Administrative Procedures _- The Contractor shall submit detailed documents describing the Contractor's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to OCED within 30 days of the execution of this contract. _ 7. Inventory Report - The Contractor shall report annually all nonexpendable person and real roe purchased with CDBG funds from this and property P P P ! previous agreements with the County as specified' in Section Ii, Paragraph T of this contract. 8. Affirmative Action Plan - The Contractor shall. report to OCED information relative to the equality of employment opportunities whenever so requested i by OCED. 5 E. Participation,_ the CDBG Program 1. The Contractor shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives:' a. To benefit low -and moderate- income persons; b. To aid in the prevention or elimination of slums or blight; C. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low -and moderate- income persons, the Contractor shall ensure and maintain documentation that .conclusively; demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than, 51% of low -and moderate- income persons. 3. The Contractor shall '< comply with all applicable provisions of 24 CFR Part 570 and shall cant' out each activity in compliance with all applicable federal ''laws and regulations described therein. if the Contractor is a primarily religious entity, it shall comply with all 'provisions of 24 CFR 570.2000). 4 The Contractor agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c): the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in, governing optional relocation policies. (The County, may preemept the optional policies). The Contractor shall provide relocation assistance to persons (families, individuals, businesses, non- profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Contractor also agrees to comply with applicable County`, ordinances, resolutions and' policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Contractor shall obtain, immediately after a site is identified by the Contractor, OCED's written environmental clearance statement and shall .agree' in writing to comply with any and all requirements as may be et forth in the Site Environmental Clearance Statement. 6. The Contractor shall _cooperate with OCED in informing the appropriate CDBG citizen participation structures,' including the appropriate area committees, of the activities of the Contractor in adhering to the provisions of this contract.' Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures, upon` the request of the citizen participation officers, OCED, or the County. 7. The Contractor .shall ,make a good faith effort to address the concerns of the residents of the affected area. The Contractor'shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including, the appropriate area r committees, of the activities of the Contractor In adhering to the provisions; of this contract. Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 6 Y �,_ 8. For acL.vities involving acquisition, rehabilitbLIon and /or demolition of property and which require the relocation of families, individuals, businesses and /or : industries, the Contractor shall submit a written notification to the Urban Development Division of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Contractor shall contact the above mentioned unit prior to making a , determination. Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9.- The Contractor shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist . of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Contractor shall annually assess its affirmative marketing' program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement.ls executed. F. Lobbying Prohibition 1. ` The Contractor shall' certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Contractor shall disclose to OCED if any funds other than federal appropriated funds have , been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a>Member of Congress, an officer or employee of Congress, or an employee of `a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Contractor shall ensure that the language' in this Section 11, paragraph F.1. and F.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. G. Federal, State, and County Laws and Regulations 1. The Contractor shall comply with applicable provisions of ,applicable federal, state, and County laws, regulations, and rules including OMB AA 22, OMB A -110, OMB A -21, OMB A -133, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, 'which" prohibits 7 discrin....ation on the basis of race, 'color, L. national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title. VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, s or national origin; 'Executive Order 11246, as amended which 'requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20)' or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating' this Agreement or for commencement'of debarment proceedings against the Provider. 3. If the amount payable to the Contractor pursuant to the terms of this contract is in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or. regulations, ,issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40. CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Contractor shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 The, Contractor shall attest to and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative Action /Non- Discrimination of Employment. , Promotion, and Procurement Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County ;shall, as a condition of award, have is written Affirmative Action Plan and Procurement Policy on file with the County's Department- of Business Development. Said firms must .also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately; completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the ;population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing: of their Boards of Directors, showing the race' or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women - owned' businesses.` It will be the responsibility, of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state `so in their bid /proposal �s r r r Any bi-. ,er /respondent which does not provide -n affirmative :action plan and procurement policy may not be recommended by the County Manager< for award by the Board of County Commissioners. 7 Domestic Violence Leave Affidavit: Prior to entering into any contract with the County, a firm desiring to do business with the County " shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in > Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185-00, the obligation to provide domestic violence leave to employees , shall be a contractual obligation,` The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185.00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics: In accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County,shall adopt a Code of Business Ethics ( "Code ") and shall, prior to execution of anv' contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with he requirements of Section 2- 8.1(1) of the Miami -Dade County Code" (Form A -12). Any person or entity that falls to submit the reauked affidavit shall be ineliaible for contract award. 9. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for ,a public entity, crime may, not submit a contract to provide any goods or services to a public entity, may not submit a contract with a public entity for the= construction or repair of a public building or public work, may not submit leases of real property to a public entity, may not be awarded or p erform work as a contractor , supplier, subcontractor, or consultant under a contract with any public entity, and may not. transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO ($10,000) for a;period of 36 months from the date of being placed on the convicted vendor list. If any attesting firm, or any owner, subsidiary, or other, firm, affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant' to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership,Disclosure Affidavit 2. MiarnWade Employment Family. Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other 9 Obligat, - is Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. 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 Title 1, Employment; Title 11, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. H. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. 1. Board of Directors If the Contractor is a Community Development Corporation (CDC), ,OCED shall have the option toaappoint a representative to ,the Contractor's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges, J. Construction If the Contractor engages in, procures, or makes loans for construction work, the Contractor shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Contractor's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15,'1999; and other related acts, as applicable. 4. Submit to OCED for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 10 6. Contact the OCED representative noted in Section IV, Paragraph K, prior to scheduling a pre- construction conference. In accordance with industry, standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. K. Audits and Records 1. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program- specific audit performed, in accordance with OMB A -133. Contractors who will be receiving, or who have received, federal awards for loans or loan' guaranteed programs may be required to conduct audits of those programs in `accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an'alldit conducted in accordance with OMB A -133, although their records must be °available for review (e.g., inspections, evaluations). These agencies are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a' reduced scope audit to have a program audit' conducted for each federal award in accordance with 'federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Contractor elects to comply with OMB A -133, an audit shall be conducted for each fiscal year ` for which federal awards attributable to this contract have been received by the Contractor. Each audit shall include ,a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six months following the end of the Contractor's fiscal year. 4.: If an audit is required by Paragraph K of this contract, but the requirements of OMB A -133 do not apply or are not elected, the Contractor may choose to have an audit performed either on the basis of the Contractor's fiscal` year or on the basis of the period during which OCED- federal assistance has been received. In either, case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been, reported on. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those ` services undertaken pursuant to the terms of this contract. A copy of the audit report in triplicate must be received by OCED no later than six months following each audit period. 5. `- The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 11 w ` ,,,, .. .. a.,. .- ..' :_. . e, —•m ,:,., A., .." .:'SK';�'R�'+�.?fr.Y,� I.. e:, -. .Y. .,t, "€'F,- `T„'ef ,�'. ff "F 7 6. The G.-.tractor shall maintain all Contract K_ ,ords that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 7. The Contractor shall ensure that the Contract Records shall be at all times subject to and available for full' access and 'review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. B. The Contractor shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the' record- keeping and audit requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject: to the audit and record'- keeping requirements described above. 9. The County reserves the right to require the Contractor to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Contractor's expense.' The Contractor shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the County for three years 'following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County ` to ensure compliance with applicable accounting and financial standards. 10. The Contractor shall ensure that its auditors share their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must `submit the completed monitoring instrument and the .audit report to OCED within six months after the conclusion of the audit period. L. Retention of Records 1. The Contractor shall retain all Contract Records for period of at least five (5) years (hereinafter referred to as 'Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities, the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report= for the year in which the activity is reported as completed. For each 'public service activity, the Contractor must retain all contract records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities, the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered' by this Section II, Paragraph L.1.c., the Contractor must retain all contract records except those relating to, real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating, to real and nonexpendable personal 12 :e'�S'rFi+„ ,.=h F �'` x•, F'r) -ss^ s :,..�. '- �Tr` -a + * „t`"3'nsr&a? r4, ..'- '_`*„'. i Nroperty shall begin upon the date Of L....% final disposition of the property. 2. If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period ' shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Contractor shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Contractor shall notify OCED in writing, both during the pendency of this contract and after its expiration as part of the final closeout procedure, of the address where all contract records will be retained: 5. The Contractor shall obtain written approval of OCED prior to disposing of any contract ` records within one year after expiration of the Retention Period: M. ' Provision of Records 1. The Contractor shall provide to OCED,; upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable ` materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty fees; nonexclusive, and irrevocable License to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Contractor receives funds' from, or is - under regulatory control of other governmental` agencies, and those agencies issue monitoring reports, , regulatory examinations, or other similar reports, the Contractor shall provide a copy of each report and any follow -up; communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -639 Miami -Dade County has established the Office of the" Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one !(1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Contractor. The audit cost shall also be included in all change orders and ontract renewals and extensions. all con; Exception: The above a licatio pp n of one quarter (114) of one percent fee assessment shall not apply to the lfollowing contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) i contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue- generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved' by the Commission; 0) professional 13 iii'47''9 , ti q _ eti' ti servic. : greements under $1,000; (k) manage. nt agreements; (1) small purchase orders as defined in Miami -bade County Administrative Order 3 -2; (m) federal, state and local government- funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at , the time of award. N. Prior Approval The Contractor shall obtain written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or contract assignments, wherein CDBG funds will be used to pay for goods or services. The contractor must submit all proposed, agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. 2 The addition of any positions not specifically listed in the approved budget.' 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph 'T.1. of this contract. 6 Out-of-town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically 'listed '`in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section h, Paragraph J of this contract. 9. The disposal of all contract records as provided for in Section II, Paragraph L of this contract. O. Monitoring The Contractor shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Contractor which are in any connected to the activities undertaken pursuant to the terms of this 'contract, and /or to interview any clients, employees, subcontractors, or assignees of the Contractor. Following such inspection` or interviews, OCED will deliver to the Contractor a report of its findings, and the Contractor will rectify all deficiencies cited by OCED withini the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the :deficiencies. OCED will determine, in its sole and ` absolute discretion, whether or not the Contractor's justification is acceptable or if the Contractor must, despite the justification, rectify the deficiencies cited by OCED in its report. P. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any 14 financial interG., direct or indirect, which would conflit-. 1n any manner or degree with the performance of services requried under this Agreement. The Contractor further; covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Contractor shall make such disclosure in writing to OCED immediately upon the Contractor's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. Q. Related Parties The Contractor shall report to OCED the name, purpose, and any other relevant information in connection with any related party transaction. This includes, but is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with overlapping boards of directors, and an organization for which the Contractor is responsible for appointing memberships. The Contractor shall report this information to OCED upon forming the relationship or if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress' Report, R. Publicity, Advertisements and Signage 1. The Contractor shall ensure that all publicity, public = relations, advertisements and signs, recognizes the Miami -Dade Office of Community and Economic Development (OCED) and the Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited' to, all posted signs, pamphlets, wall plaques, cornerstones, dedications,_ notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami Dade OCED logo is permissible. 2. The Co: ntractor shall furnish, erect and maintain. construction' signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness 'and use of weather- resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as shown on the typical', project sign placement diagram or as directed by the engineer. All materials shall be provided by the Contractor and the signs shall remain] n;:the property ; of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN 'PLACE.' THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWiV IN ATTACHMENT F. For this project signs will be required. Payment' for furnishing, installing and maintaining the sign shall be under the bid amouril for mobilization, S. Procurement The Contractor must take' affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority, and women's 15 businesses, a,...'to provide these sources the maxim. i feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these buslnesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Contractor shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development` Target and Service Areas be provided with opportunities for employment and training in contracted activities. 1 In conformance with Section 3 o the Housing and Community Development Act of 1968, the Contractor must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those'' who are recipients of government assistance for housing according to the guidelines mentioned below: A The work to be performed under this ' contract is ` subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low -' and very low - income persons, particularly persons who are recipients of HUD assistance for housing. B The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them' from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or, representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section '3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an , applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor, is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 16 F. Nonco. _,Jliance with HUD's regulations in 24 L..2 part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self - Determination and Education Assistance, Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (11) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). H. Fair Subcontracting Policies (Ordinance 97 -35) All Contractors on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended, requiring Contractors to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local 'subcontractors access to information necessary to prepare and formulate a subcontracting bid /proposal;'' d) allows local subcontractors to meet with appropriate personnel of the Contractor to discuss the Contractor's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Contractor's stated objectives. All Contractors seeking to contract with the County shall, as a condition of award, provid& a statement of their subcontracting policies and procedures (see attached Form A -7.2). Contractors who fail to 'provide a statement of their., policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in,Miami-Dadei County from which the contractor subcontract will be performed. The term "subcontractor" means a business independent of a Contractor that may agree with the Contractor to perform a portion of a contract. The term "subcontract" means an agreement between a Contractor and 'a subcontractor to perform a portion of a contract between the Contractor and the County. T. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 17 b. ,rsonal Property: Personal ,property any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights. C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature; with a value of $750 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or 'another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Contractor shall comply with the real property requirements as stated below: a. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives following the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this contract or such longer period as determined by OCED -then the Contractor shall pay to OCED an property as m absolute discr value attribute acquisition Reimbursem specified in' b. Any real property un or improved in whol $25,000 or less shall of this contract, in ac C. All real property purr and previous contrac after being purchase shall be listed in the include a legal descri acquisition; present location; owner's nar on the transfer or di whether property is ii streets and roads. programmatic purpo: identifv the CDBG na1 was improved, the 18 en Pa amount equal to the market value of the ay be determined by OCED' in its sole and etion, less any proportionate portion of the ble to expenditures of non -CDBG funds for of, or improvement to, the property. t is not required after the period of time ragraph T.2.a.1., above. :r the Contractor's control that was acquired or in part with CDBG funds from OCED for disposed of, at the expiration or termination frdance with instructions from OCED. ased in whole or in part with funds from this with OCED, or transferred to the Contractor in whole or in part with funds from OCED, ►roperty records of the Contractor and shall ;ion; size; date of acquisition; value at time of iarket value; present condition; address or If different from the Contractor; information ►osition of the property; and map indicating Jarceis, lots, or blocks and showing adjacent The property records shall describe the for which the ;property was acquired and final objective that will be met. If the property - ecords shall describe the programmatic fJrpose for which the improvements %-..e made and identify the "CDBG national objective that will be met. d. All real property shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED. This report shall include the elements listed in Paragraph T.2.c., above. 3. The Contractor shall comply with the nonexpendable personal property requirementsas stated below: a. All nonexpendable personaU property ;purchased in whole or in part with funds from this and previous contracts with OCED shall be listed in the; property records of the Contractor and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; 2 present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b: All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED. The inventory report 'shall include the elements listed in Paragraph T.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part` with funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4. The Contractor shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendablepersonal property purchased in whole or in part with funds given to the Contractor or subcontractor pursuant to the terms of this contract. The Contractor shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED. U. Program Income 1. Program income as defined in 24 CFR Part 570.500 means gross income received by the Contractor directly generated from activities supported by CDBG funds. When program income is generated by activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. If the Contractor generates' program income, the Contractor may retain the program ;income and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of . this contract. These additional costs need not be of a kind that would be, permissible' as charges to this contract. However, the Contractor shall not, under any circumstances, use program income to pay for charges or .expenses that are specifically not allowed pursuant to the terms of',this contract and applicable federal regulations or rules, or any County rules or',ordinance. a. The Contractor shall comply with the program income provisions in OCED's Contract Compliance Manuai. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. 19 b. pie Contractor shall report to OCED all c..nulative,program income generated from activities financed in whole or in part by funds from this contract. This information must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section 11, Paragraph D.2.a. C. The Contractor shall report program income for as long as it receives and/or has control over program income generated from this and any previous contracts with OCED. d. The Contractor shall provide to OCED a written explanation of the activities to be assisted with program income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this :contract shall apply to any activity performed using program income. e. Subject to the limitations set forth in this paragraph, the Contractor may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational costs for the same revolving I oan activity before the Contractor may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry; out other OCED approved CDBG eligible` activities, and to cover operational costs before requesting additional CDBG funds. i. Any proceeds i from the sale of property as detailed in Section 11, Paragraph T.4., above, shall be considered program income. j. The Contractor shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract or at the and of any program year, the Contractor shall transfer to the County any program income funds' on hand, and any program income accounts receivable to any CDBG funded activities. OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Contractor, (except those' needed for immediate cash needs, cash balances of revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). 4. OCED, in its sole and absolute discretion, reserves the right to pursue_ other courses of action in the retention and use of program income generated by the Contractor, and such action shall not require an amendment to this contract., V. „ Travel The Contractor shall comply with the County's, travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. 20 W Subcontracts and Assignments 1 Unless otherwise ;specified in this contract, the Contractor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Contractor shall comply with County Resolution No.' 1634 -93, Section 10 -34 of the County ,Code and Section 2 -8.8 of the County Code. The Contractor shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; I e. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which` Parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole' discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; f. Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board + of Directors and a copy of which submitted to OCED. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids > are unobtainable, permission to use other 1 methods of award must be requested in writing and approved by OCED prior to the assignment or award of subcontract. The Contractor agrees that no assignment or sub- contract will be made or let in connection with the Agreement without the prior written approval of OCED, which approval shall not be unreasonably, withheld,;' and that all such sub - contractors or assignees shall' be governed by` the terms and intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. The Contractor shall incorporate in all consultant subcontracts this additional provision: The Contractor 1 is - not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or 'employees of the Consultant normally available to direct employees of the Contractor. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. I 21 .= I 3. The C ractor shall be responsible for rr, storing , the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 4. The Contractor shall receive from OCED written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds to the subcontractor. 5. The Contractor shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or 'payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon in this contract. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Contractor shall provide the names of the subcontractors and suppliers to OCED. 8. The Contractor agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. X. Additional Funding The Contractor shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30)` days of the "Contractor's notification by the funding source. Y. Method of Payment The Contractor shall be paid as described below: 1. The Contractor shall be paid for those expenses allowed pursuant to the provisions provided below` only when the Contractor submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Contractor has incurred the expenditures. It shall be presumed that the Contractor has provided adequate; proof of having incurred' expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative. When original documents cannot be presented, the Contractor must adequately justify their absence in writing and furnish` copies of those documents to OCED. The Contractor shall be ';paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval' by OCED; 2 Requests for payment (reimbursement) shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Contractor must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred.: to comply will result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder, nor shall the Contractor' advance CDBG funds to any party. 22 mvmw r� 4. Any pa _nt due under the terms of this contra, :lay be withheld pending the receipt and approval by OCED of all reports and documents which the Contractor is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scopes of service and payment is contingent on the achievement by the, Contractor of the quarterly accomplishment levels identified in the scope of services portion of this agreement - Attachment "A." The Director or his designee has the authority to waive this requirement at his discretion. 6. No payment(s) will be made without evidence of : appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from :the Contractor no more than thirty (30) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payment(s) if OCED, in its sole discretion, so chooses. 7. All monies paid to the Contractor which have not been used to retire outstanding obligations of this contract must be ,refunded to OCED in accordance with OCED's Contract Compliance' Manual. 8. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract, shall be recaptured in full by the County. Z. Reversion of Assets The Contractor` shall return to OCED, upon the assets owned or held as a result of this contract, including, but not limited to any funds on hand, any accounts j expiration or termination of this contract, all receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms, of this contract that were disbursed to the Contractor by the County. The Contractor shall within thirty days of expiration or termination of this contract execute any and all documents as required b y the County o effectuate the reversion of assets. Any funds not earned, tY as described and provided for in OMB A -122, by the Contractor prior to the expiration or termination of this contract shall be retained by OCED. Ill. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed 95000. IV. The Contractor and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2004. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2004. Any costs incurred by the Contractor beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein shall be extended to cover any additonal time period during which the Contractor remains in control of the CDBG funds or other assests, including program income to support i c CDBG eligible activites. y c, 23 3. This c. pact may, at the sole and absolute di, etion of the County and OCED, remain in effect during any period that the Contractor has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph Y, or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes, temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include: a. Ineffective or improper ` use of these contract funds by the Contractor or any of its subcontractors; b. Failure by the Contractor to materially comply with any term or provision of this contract; C. Failure by the Contractor to submit any documents required by this contract; or d. The Contractor's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Contractor, OCED may at any time suspend_ the Contractor's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Contractor of the type of action to be taken in writing by certified mail, I return receipt; requested, or in person with proof of delivery. The 'notification will include the reasons) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Contractor reasonable opportunity to' rectify 'any action or inaction referenced above. C. Termination 1. Termination at Will This con: tract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the be: st interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with °proof of delivery. 2.' Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at its sole discretion, reserves: ; the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this contract. OCED shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. OCED shall be the sole judge of "'reasonable costs." 24 3. Termir, )n Because of Lack of Funds In the event of a funding short -fall, or reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written _ notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority to determine whether or not funds are available. OCED may at its discretion terminate, renegotiate and /or adjust the contract award whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Contractor through Board of County Commissioners' action, the Contractor may, at its discretion, request ; in writing from the Director of OCED a release from its contractual obligations to the County.: The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach II OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any tern or provision of this contract. Unless the Contractor's breach is waived by OCED in writing, OCED may, by written notice to the Contractor, terminate this contract upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. i Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms 'of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement,' shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be' responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County, contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification II 25 R . Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED determines, in its sole and absolute discretion,` that federal, state, and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to federal, state and /or County revisions of any applicable laws or regulations, or increases in budget allocations. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Contractor shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract, or OCED's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as, a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners, written notification via' certified mail to the Contractor advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment. The Contractor will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required,; will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Contractor and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County ' Manager, or an authorized representative, will issue a determination within thirty (30)` calendar days of receipt and so advise OCED and the Contractor, or in the event additional time is necessary, OCED will notify the Contractor within the thirty (30) day period that additional time is necessary. The Contractor agrees that the County Manager's determination shall be final and binding on all parties. H. Headings 26 The section and paragraph, headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. L Minority Participation In order to gain greater Black business participation, the Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in accordance with the laws of.the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to this contract, shall, to the extent permitted by law, be held in Miami- Dade County, Florida.; K. independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order -3 -20, the Contractor is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG "), whenever` the County deems it appropriate to do so.; Upon written notice from the County, the Contractor shall make available to the IPSIG retained by the County, all requested records and documentation; pertaining to this Agreement for inspection and reproduction. The County shall be responsible' for the payment of these IPSIG services, and under no circumstance shall the Contractor's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Contractor, its officers, agents, employees, subcontractors' and assignees. Nothing contained in this 'provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Contractor in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Contractor or any third party. L. _ Notice and Contact OCED's representative for this contract is Richard Hoberman. The Contractor's representative for this contract is Silvia Jarquin. The Contractor's principal office is at 6130 SUNSET DR, S' MIAMI, FL 33143. In the event that different representatives are designated by either party after this contract is executed, or the Contractor changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Contractor's assignee, the name and address of the official payee is: N/A 4 N. Waiver of Trial Neither the Contractor, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee,` successor, heir or personal representative I of the Contractor, subcontractor or any such other `person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Contractor, subcontractor, nor' 27 .Wn � ,., ., . any such pers or entity will seek to consolidate any, h action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed' with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 0. Assignment The Contractor shall not assign,'' transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County: P All Terms and Conditions Included: This contract and its attachments` as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B Budget; Attachment B -1 Idemnification' and Insurance Requirements; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment F - Publicity, Advertisements and Signage contain all the terms and conditions agreed upon by the parties. 28 IN WITNESS THEREOF, the parties hereto have caused this twenty ine (29) pa ntract to be executed by their undersigned officials as duly authorized, this3 day of 2004. CONTRACTOR: MIAMI -DADE COUNTY City of South Mi i BY: NAME: Maria Davis NAME: George M. Burgess ®s CQi�n c TITLE City Manager TITLE: County Manager, ca DATE: Q a ` �Q (�_ BY ATTEST v NAME lGf Yl l "/ P h P4'� BY: TITLE: TITLE: Clerk, and of County DATE Commissioners Witnesses• BY: (Signature)' Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 69- 6000431 Resolution #: Contractor's Fiscal Year Ending Date: CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 29 ,;; 0 0 0 0 6a 0 6c� O Q. 0 �:. W L Cf C O C LL CQ W -� .r O 0 0000 U w m N C D V d AT o- a ' . ^ AW M 10 N N K V a o M �04 CL ' 0 0 cc p �, i. le C14 a p 0 TT i O %_ i3 M O N 1 ca O ca y 00 V 0 � CL Q 00 o E "° J � 'i c.nm E to ^ CL 2 p m > N (D LO - =F-h@ CO co 0 {j = ° 00M m o N C' Z Z � J Q or- 'do .+ 0 Ccl)v x d af;� ov c Q C'3C 0ca �" ° > V LL O C�U — y a° O V w 'v > N ` w o U OawQ.c ° _ u� o a c CL CL c� Q Q w Cn J '60 c° O L. 0 _j Cl 0.. o r} 4014 Frfn Benefits PP Norr -OCED OCED Total OCED Total All Sources 40f 0 PER NNEL- Employee Regular- Salar*�- Publi Works Director 0 .al 21012 Environmental Audit 0 0.00 0 0 2,000.00 2,000 2,000 Chief — *untant 0 0 0 0 1,000.00 1,000.00 4,000.QO 1200 1,000 4,000 1,000 1,000 4,000 Granig Administrator Sub -; :. �I Salaries 4014 Frfn Benefits 91.000.00 0 91,000 FICA aleryX7.65 %) 0 0.00 0 0 .al 21012 Environmental Audit 0 0.00 0 0 Sub -� tal Fringe 0 0.00 0 0 21030 Othe ;. rofessional Svc 0 0.00 0 0° Total ersonnel 0 d 4,000.00 4,000 0 4,000 Con ctual Services 91.000.00 0 91,000 21011 Exte', Audit 0 0.00 0 0 .al 21012 Environmental Audit 0 0.00 0 0 21030 Othe ,. rofessional- Svc Const Mgmt 0 0,00 0 0 21030 Othe ;. rofessional Svc 0 0.00 0 0° 22350 Bottl` Water 0 0 0.00 0 0 25330 Rent!; opier 0 0 0.00 0 0; 25511 Build g Rental 0 0.00 0 0 ' Tota!' ontractual 0 0.00: 0 0 F 91.000.00 0 91,000 31510 Outs a Printing 0 0.00" Ope ting Expenses 0 95020 Com' ter Purchase 0 0.00 ' 0 . 31011 Tele' one Regular 47010 OfFc 'Supplies/ Outside Vendors 0 0.00 0.00 0 0 0 OAO 31011 Tele" one Long Distance 0 0 0.00 0 0 31610 Post` r e 0 0.00 0 0 31420 AdvE !!NIng Radio 0 0.00 0 0 Tota perating Expenses 0 0.00 ` 0 0 Co odltfes 91.000.00 0 91,000 31510 Outs a Printing 0 0.00" 0 0 95020 Com' ter Purchase 0 0.00 ' 0 0` 47010 OfFc 'Supplies/ Outside Vendors 0 0.00 0 0 Tota ; ornmodities 0 OAO 0 0 Cap, ;7 Outlay 90 Con uction 91.000.00 0 91,000 0 0.00 0 0 Totes apitslOutlsy 0 91;000.00 j 91,000 TOTALBVD T 01 95,000' 1 95 0 - 95.000 ti :.£ .�.'; ,�-l"T- Tr- °:.-:r ATTACHMENT B- f INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR - -- -- REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating, to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor 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. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami- Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work,' in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor.' E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the 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 IIIIAM! -DAD F ..0 0 COMMUWMM ECONOMIC DEMOPMENT PROGRESS REPORT For FY 2004 *Select Quarter ( ✓) 1 f° JAN -MAR 2ND APR -JUN 3rd JUL -SEP ANNUAL REPORT PART 1: Activity Information 1. Agency Name: 2. Project Title: 3. Activity Name: 4. Category: 5. Activity Address: 6. Commission District: 7. Activity Description: 8. IDIS No. 9.Source: 10. Grantee Activity #: 11. Matrix Code: 12. Index Code: 13. National Objective: ENTER YES (Y) OR NO (N) FOR QUESTIONS 14 TO 17 14. Help Prevent Homelessness ?: .15. Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities?. 17. Generate Program Income ?: INDICATE ALL !'!THAT APPLY WITH "X" FOR QUESTIONS 18 TO 24 18. Section 108: 19. One - For -One Replacement: 20.Displacement: 21. Float Funded: 22. Special Assessment: 23. Revolving Fund: 24 Favored Activity: 25. Float Principal Balance: 26. Indicate if the activity is located in CDFI Area or Strategy Area C /S: 27. Area Identifier:' 28. Unliquidated Obligations: PART 2.- Area Benefit Information (complete this part If the national objective is LMA) 1. Percent of Low/Mod in Service Area: 2. Survey or Census Tract determination? (S /C): 3. Census Tract: 4. Block Groups: PART 3• Direct Benefit Information (complete this part If the National Objective fs f MC LMH, !MJ 1. Counts by Households or Persons? (HIP): 2. Total Number Benefiting from the Activity: 3. Number of Female Headed Households: 4. Number of persons served in Entitlement Area: S. Number of persons served outside of Entitlement Area: 6. Method of Verification by the Agency: 7. Presumed Benefit? (Y/N): a. Nature/Location? (Y/N): 9. Nature/Location Narrative: Direct Benefit by Etf nic Categary White Black Asian American Native American Asian Black American Odw Asian/ Hispanic Totals African Indian/ Hawaiian/ Indian! & African Indian/ Multi - Pacific American Alaskan Other Pacific Alaskan White American Alaskan Racial -' Islander Native Islander Native' &White " Native & White & Black African American Direct Benefit by income Category LOW MOD EXTREMELY LOW TOTAL PARK' 4: Slum /Blight Area Information (complete this part if the National Objective is SBA) 1. Boundaries: 2. Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/BlightDesignation Year: PART 5• Job Creation/Retention information (complete this part if the National Objective Is`LMJ) Table 2- Job Creation /Retention information Total Job Count - Total Job Count - Total Hours Total Hours -Part Percent of [Twe Full Time Job' Full Time - Low/Mod Part time Time.- Low/Mod Low/Mod Jobs Expect to Create Expect to Retain Actuall y Created Actually Retained PART 6: CDBG Multi -unit Activity Set Up and Completion Information(for LMH activities) Table 1 Units Total Occupied Occupied Low/Mod # of Units at Start # of Units expected at Completion # of Units actually Completed Table 2 Type Authorized Costs Actual Costs CDBG has occurred) Other Census Tract Or City Total Black rAKi r: ulspiacement Information (COnlplete' this part if displacement has occurred) Type Census Tract Or City White Black Hispanic > Asian/Pacific American Indian/Alaskan Displaced From Remaining In Relocated To PART i8: Replacement Information fcmmnlefa thin cart if flna fnr i1ne. Type Demolished/Converted Address Replacement Address # of Bedrooms -Agreement executed date Available Date PART 9: Activity Status /Accomplishments Information (complete this part for all types of activities) 'f. Activity Status (Circle One): 1. Cancel 2. Completed 3. Underway (An activity is considered.to be completed when it meets the National Objective and. after all the funds are drawn) 2. Proposed Accomplishment Type: 3. Proposed # of Accomplishment Units: 4, Actual Accomplishments Type: Sr Actual # of Accomplishment unit/s during the year: 6. Environmental Assessment Code: 7. Create Program Income? (Y/N): Page 3 of 12 MIN 8:49 AM Ai compnshment narrative for the Current F iam Year (Please make sure that accomplishmei. wring the current year are only included Maximum 6 lines) By signing below I, verify that the information in this ,report is accurate and appropriate records have been maintained. Prepared By: Date: Reviewed By: Date: QUARTERLY PROGRESS REPORT INSTRUCTIONS PART 9. ACTIVITY INFORMATION 1. Agency Name: Enter the Name of the Agency 2. Project Title: Agency Acronym and the Title of the Project (60 characters maximum) 3. Activity Name: Agency Acronym and the name of the activity (40 characters maximum) 4. Category: Enter the Category of the activity (e.g. Housing, Public Service, Ecc. Dev etc.) 5. Activity Address: Enter the complete address of the location where the activity is taking place 6. Commission District: Enter the Commission: District # where the activity is taking place 7. Activity Description: Enter brief description of the activity (120 characters maximum) 8. IDIS No.: Enter IDIS No. of the activity. 9. Source: Enter the funding source (e.g. HOME 95). 10. Grantee. Activity #: Enter the Grantee Activity No.(E.g. B.00.020.235) 11. Matrix Code: HUD Code applicable to the activity. 12. Index Code: Enter the Index Code from FAMIS 13. National Objective: Enter the National Objective applicable to the activity. 14. Help Prevent Homelessness ?; Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. 15. Help those with'HIV /AIDS ?: Enter Y; if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. 16. ', Primarily Help Persons With Disabilities ?:` Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. 17. Generate Program Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. 18. Section 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108. 19. One for one Replacement: Enter X if this activity is a One -For -One Replacement Activity 20. Displacement: Enter X if this activity involve a displacement activity 21. Float Funded: Enter X if this activity is a Float Funded activity 22. Special Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. 23. Revolving Fund: Enter X if this activity is funded through a revolving fund. 24. Favored Activity: Enter X if this activity is an `econor is development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. 25. Float Principal Balance: Enter the Float principal balance if this is a float funded activity 26. Indicate if the activity is located in CDFI Area or Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or :a Neighborhood Revitalization Strategy Area. 27. Area Identifier: If you entered C or S in the previous field, enter the Area Identifier. 28. Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received, and similar transactions for which an expenditure has not been reported as of the end of the reporting period. PART Z. AREA BENEFIT INFORMATION 1. Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area. 2. Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter S for Survey and C for Census. 3. Census Tract: Enter the Census Tract for the LMA Service Area.' 4. Block Groups: Enter the Block Groups ;associated with the Census Tract, PART 3. DIRECT BENEFIT INFORMATION(complete this part if the National Objective Is LMC, _LMH or LMJ) 1. Counts by Households or Persons? (H/P): Enter P for LMC or LMJ activity and H for LMH activity. 2. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity.' 3. Number of Female Headed households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. 4. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area 5. Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. 6. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons served inside and outside of the Entitlement Area. 7. Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD to be low /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. 8. Nature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This field is not applicable to LMH and LNU activities. 9. Nature/Location Narrative: Enter a description of how the Nature /Location of the activity benefits a limited clientele, at least 51% of whom are low /mod income. PART A: SLUM /BLIGHT AREA INFORMATION (complete this part if the national objective is SBA) Page 5 of 12 in104 8;49 AM 1:• Boundaries: Enter a description of the i_ hdaries of slum blight area (180 characters maxiw.m) 2. % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum blight. 3. Public Improvement(Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/ blight (40 characters maximum). 4. Slum/Blight Designation Year: Enter the year the area was designated as slum/blight. PART 5• JOB CREATIONIRETENTION INFORMATIOW(complete this part if the National Objective is LMJ Table 1: Direct or Deferred Payment Loan Information: If CDBG assistance for job creation/retention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for this activity. Table 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION Table 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed Table 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION Enter the requested displacement information in the table PART B.-REPLACEMENT INFORMATION Enter the relevant information in the table regarding Replacement as a result of this activity. PART 9: ACTIVITY STATUSIACCOMPLISHMENTS INFORMATION complete this part for all types of act: ie 1. Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS. 2. Proposed Accomplishment Type: Enter 1= People, 4= Households, 8= Businesses, 9= Organizations, 10= Housing Units, 11 =Public Facilities, 13 =Jobs: 3. Proposed # of accomplishment Unitts: Enter the proposed # of units to be accomplished. 4. Actual accomplishment type: Enter the actual accomplishment type. S. Actual # of accomplishment units during the year: Enter the actual units' accomplished. ' 6. Environmental Assessment Code: Enter A =Exempt, C= Completed, D= Underway 7. Create Program Income: Enter Yes or No. f �I Page 6 of 12 i i IM04 8 :49 AM � .:).: �'FFa'� a��YF'�^! �P^ 3n , F if EE •.:�. n §P�T4l, v4 fi j SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or, not they have been reimbursed by the County, OCED, that your' agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures that your organization anticipates will be 11, FOR NEXT REPORTING incurred in the implementation of the contracted llaciiviti8s through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF CONTRACT PERIOD the end of the contracted period. Page 7 of 12 1/7/04 8:49 AM 7- 1 � L ►% O C C a U � • O U v4°�CN z O Ea- 1� a �a M'o0 �d r. U C v� v r� o a y i w 0 w 0 M 8rr�__rr H 0 M a- H1� ~~ foal \ � L ►% O C C a U � • O U 0 O Ea- a H OE- v r� o a y i w 0 w 0 H 0 M a- SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS' NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S.' has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a unique identifier.' This information must be provided for each vendor listed. RACEIETHNIC GROUP: Enter the numeric code (I through 6) that identifies the racial/ethnic background of the owner(s) and controllers) of 51 % of the business. If 51'% of the business is not controlled by any single racial or ethnic group, then enter the'`code that seems most appropriate.'' The codes are listed at the bottom of the form TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subcontractor's/vendor's services. The codes are mentioned in the front of this page. AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies,' SUBCONTRACT OR and/or construction costs for each vendor, contract and PURCHASE: subcontract.' In cases where commodities or equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported'period TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and/or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, - Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at -- least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting ,period. PERCENTAGE OF TOTAL Enter the percentage of total dol- �• ACTIVITY: American firms from funds ex e�� .during the reporting period. Page 9 of 12 �12� 17104 8 :49 AM ao 0 w �o ooa o ro z cn a � Im w �o°C 0 LL 0 (¢i ir Q z w 0 Cs m F- v s ? 0 j ZOv) • z o o` rn ID ro ad .. a m ¢ o �=dT U O fn .E .0 ra U) a wo�' d . Q c Cf iL W w - • ODOp,��� a o Lij a 0- < W m C c w E CD S U� tm a 0 �� c oo� vo....._C°3a) CD 0 °�' a d S d d E a o ZCnac - I I o`UUUCcs0 LL❑00a0 Z y Z � om c m, y • , W H ¢ Z x Z0 Q LL ' 8Q� W ° a A trj 0 ui Z <ZQUQ W�U >QZW Q =LQC0fnF=- V�L Q a, • �j v ■ A a ff • N ~ 3 . � y a M "0 v x o • ol LLJ LIJ e-q ~ '� U Cd U Con w' L V a W y d V o �u z H- z • ~' E-� U •. `�`' O E' R 0.• O �r�hh a ^z, u a i ao 0 w �o ooa o ro z cn a � w �o°C 0 LL 0 (¢i ir Q z w 0 Cs m F- v s ? 0 j ZOv) z o E r c N rn ID ro ad .. a m ¢ o �=dT U O fn .E .0 ra U) a wo�' d . Q c Cf iL W w - mo L)o 20 ODOp,��� a c W m C c w E CD S U� tm �� c oo� vo....._C°3a) CD 0 °�' a d S d d E o ZCnac - I I o`UUUCcs0 LL❑00a0 Z y Z � om c m, M in z W H ¢ Z x Z0 LL ' 8Q� W 4ILZao CM CV) CO Z 0 <0d -Q CC ui Z <ZQUQ W�U >QZW Q =LQC0fnF=- V�L Q a, Q ¢Z' <0 U.S HUD SECTION 3 REPORT PART THREE- SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities. generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low - and very low- income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) ❑ Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents: ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youth build Programs administered; in the metropolitan area in which the Section 3 covered project is located. Other, describe below. SECTION IV: U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR 1 2 3 4 (CIRCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE #: (SIGNATURE) PART ONE — EMPLOYMENT &TRAINING To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January 15. JOB CATEGORY A B C D E' F Total $ % B TO G Amount of Amount of Total Total New % of New Total Total % of 1 RACIAL/ETHNIC 3 CODES 5 6 New Hires who Hires that Employee White Employee 1 2 3 4 5 Hires are are Trainee Employee Trainee White African Native Hispanic Asian or (Total of Section 3 Section 3 Hours Trainee Hours Amer. Amer. Amer. Amer. Pacific Column Residents Residents worked NON - Worked by Amer. G. 1 15) (B /A) Hours Section 3 . Residents Worked (E/D) by Section 3 Residents PROFESSIONAL TECHMICIAN OFFICE! CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER: TOTAL: PART TWO - SUBCONTRACTS AWARDED — for goods and services associated with this project. TYPE OF A B C D CONTRACT Total $ Total $ % B TO NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIAIJETHNIC IDENTIFICATION Contracts Contracts 1 2 3 4 5 6 Awarded Awarded to White African Native Hispanic Asian- Hasidic Section 3 American American ' American American Pacific Jew Businesses American CONSTRUCTION NON - CONSTRUCTION oy�y m ulY tl v � a .p D..w C a m 9 m -C 50- 'm RCL O m S I m 3• m m m'= m�EZZ a m m I a M�» l.�p. C' v O r'oo o o �.. p• m II II 11 A'tl C 1 om i6m -d m O1° c Vin a c..� 7 'c 'o N y ti m w Z p g 0 O O S W g co, p p O ldp ' 7 ^ 4.0. ? A K S- m w�=-I '� m 'a = o -t 9 e° 00 E v a' S'9O ® d= c ...COD and m.di y3 m'�p' a O�� c r'► ' Oc� p ��� �, o owrn $ ° A� `� m '3 Z ommvrnm -° p° nom+ OIDmI�IDC a m CD SCM Q (f�f1 V!q�NB v =w2. m o' roa (D ?0 a 0. .a C ». 030. 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W O p p a mo 3 0- 0CDMQm ^v:•,. sa h,.„ ria 7 CERTMCATION REGARDING LOBBYING Certification for Contracts, -Grants, Loans and Cooperative Agreements The'undersigned cortifies, to the best of his or her knowledge and behalf, that; I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of s Member of Congressi in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, remwal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any Amds other than Federal appropriated fiords have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of agency,; a Member of Congress, an officer or employee of Congress, or an employee 0: f a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in* accordance with its instructions. 3. The undersigned shall require flax the language of this cerdfication be included in the award documents for all subwards at all tiers (including subcontracts, subgrants,' and contracts under grants, loans . and cooperative agreements) and that all subrecip ents shall certify and discloss accordingly. 4. T d certification is a material representation of fact upon which reliance was placed when this transaction was made. or entered into. Submission of this certification is a prerequisite for making or entering into this =ansacii.on imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure BY: (Sign of Aathor presentative) NAML: (Print Name of Firm and Authorized Representative) TITLE: DATE: / O MIAMI -DARE OFFICE" OF COMMUNITY AND ECONOMIC DEVELOPMENT INFORMATION FOR ENVIRONMIENTAL REVIEW FORM Part I. 1. Indicate Funding Source: CDBG HOME HOPE VI HOMELESS (SRO /SHP) HOPWA 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location (Address) of Activity or Project: 6. Folio Number: 7. Commission District: 8. Name, address, phone and fax numbers of loan/grant recipient: Revised 01/07/03 ;p �.' t "� ., �; 'P'rsr �rmaifi m , r.'1� .i "v-`- sx,a:" tea.. r &�, ,y i "�'F"wm k!i Change incase Sub- surface alteration (i.e. excavations) New construction Renovation or demolition Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Building improvements (windows, doors, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100 -year floodplain A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g. digging 'a lake or diverting or deepening of a body of water). ;p �.' t "� ., �; 'P'rsr �rmaifi m , r.'1� .i "v-`- sx,a:" tea.. r &�, ,y i "�'F"wm k!i Page 3 of 5 Part M. A Site Information Land use (please describe) • Existing Proposed B If activity,' includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the 'buildings on the abutting lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site: Yes No • Estimated age of structure(s) C. Other Site Information: Yes No Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? Abandoned structure(s) on site? Page 4 of 5 D. If the proposed activity includes a new structure(s) or site improvements on a site of one (1) acre or more, a site plan must be provided. Project(s) will not be environmentally reviewed without a site plan: E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost and the amount sought for funding In addition, indicate if the estimated value'of the improvement represents: 0 to 39.9 percent of the market value of the structure(s) 40 to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) 75 percent or more of the market value of the structure(s) F. " If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide 'a Phase I Environmental Audit determining the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and 'underground storage tanks (available through-the Department of Environmental Regulations and Man' agement (DERM), Florida Department of Environmental Protection, (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damage vegetation or stains in the soil. Has a Phase I been performed: Yes No If yes, a copy of the Phase I Environmental Audit must be submitted. G. Environmental Health Information • If a residential site, and the activity includes or involves rehabilitation, has it been inspected` for defective paint surfaces? Yes No If yes, please submit the results. i 9 I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 5 FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN 6 SENTERFITT IN THE AMOUNT OF $10,513.97; TO BE CHARGED TO 7 ; ACCOUNT " NO 001.2100.519.3440 CONSULTANT LABOR 8 ATTORNEY; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami approved the 11 retention of labor counsel James C Crossland of Akerman Senterfitt at the recommendation of 12 the city attorney, to represent the city in addressing employment claims; and 13` 14 WHEREAS, Akerman Senterfitt submitted its invoices to the City for legal services 15` rendered, and costs advanced, for the period ending November 30, 2005, totaling $10,513.97; 16 and 1T 18 WHEREAS, the fees and costs on the attached invoice are reasonable and necessary. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 22 23 Section 1, The invoices for attorneys' fees and costs received from Akerman 24 Senterfitt, in the total amount of $10,513.97 are approved for payment; charging 125 $10,513.97 to account no. 001.2104.519.3440 Consultant Labor Attorney, with a current 26 balance of $19,786. 27 28 Semi" n 2. This resolution shall take effect immediately upon approval. 29 30 PASSED AND ADOPTED this day of , 2006. 31 32 ATTEST. APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 38 READ AND APPROVED AS TO FORM. COMMISSION VOTE: 39 Mayor Russell: 40 Vice Mayor Palmer: 41 Commissioner Wlseombe: 42 CITY ATTORNEY Commissioner Birts- Cooper: 43 Commissioner Sherar: 44 45 Mocuments and 5d6ngsVjickeWy Documenlsrword DowmentsWesalution Akermansenterritt010306.doe Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047036 Tel: 407-843-7860 Fax: 407-419-8593 MS. MARIA DAVIS CITY' MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: AFSCME Matter Number: 0151000 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 536.50 DISBURSEMENTS $ 0.00 TOTAL THIS INVOICE $ 536.50 i To ensure proper credit to the above account, please indicate matter no. 0151000 and return remittance sheet with payment in US funds. Wired funds accepted:; Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number and matter number IRS EIN 59-3117860 AKERMAN SENTERFITT FT LAUDERDALE - JACKSONVILLE • MIAMI ORLANDO TALLAHASSEE - TAMPA WASHINGTON DC WEST PALM BEACH Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0151000 'AFSCME Bill Number 8047036 Date Services Atty Hours 15- Nov -05 CONFERENCE CLIENT AND ATTEND EXECUTIVE SESSION. JCC 2.60 29- Nov -05 REVIEW AFSCME DOCUMENTS. JCC .30 Total Services .. ........... ... .................. ..... ...... .... ............ $536.50 i i i .: ^-- srr— ,ew -�'T.: ,.'.�.'a' °T`- '.., -r ;�-�--" .v; 5r�'- �E-- >..an,,.i�'��,�,. �?'ES�— �`;t >, `:. ^�l'°'i? �°a,?E�n�+g��i'��a' ?��4�y r",��^'�4: T,i� �i"'ss_v� ,_',� ,+"',z�','T�i, ,,, 3�'- ;,es-rym .I- �— •."'.T.• -`^. aAkerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0151000 AFSCME Bill Number 8047036 Initials Name Hours Rate Amount JCC J. C. CROSLAND 2.90 185.00 536.50 Total 2.90 $536.50 i i AKERMAN SENTERFITT FT LAUDERDALE - JACKSONVILLE MIAMI ORLANDO • TALLAHASSEE •TAMPA • WASHINGTON DC • WEST PALM BEACH , Senterfitt ATTORNEYS AT LAW Post office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047037 Tel: 407-843-7860 Fax: 407-419-8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: ALEXANDER HECHAVARRIA. - ONE DAY SUSPENSION Matter Number: 0152276 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 129.50 DISBURSEMENTS $ 0.37 TOTAL THIS INVOICE $ 129.87 PREVIOUS BALANCE 2,667.41 (includes payments received through 12/14/05) TOTA L NOW DUE AND PAYABLE $ 2,797.28 7.28 To ensure proper credit to the above account, please indicate matter no. 0152276 and return' remittance sheet with payment in US funds. Wired funds accepted. Akerman, Senterfitt & Eidson Operating Account c/o SunTrust`Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215- 252207533 Reference your invoice number' and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE MIAMI ORLANDO • TALLAHASSEE • TAMPA WASHINGTON DC WEST PALM BEACH .� - ' -;�,.� ,, ., -, „, r,.�r:-es^ .. ,7r .:a.•^,, ze^:s`« �...r.^� °"'3. .. ter+”' ,..:5-,xx :.- -r_'",. .s°.- ."�r,T�::r- ''°. -,'' .c :".^• ����. =,r -��; r .;,-.. _ .,. Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0152276 ALEXANDER HECHAVARRIA -ONE DAY SUSPENSION Bill Number 8047037 Date Services Atty Hours 30- Nov -05 ANALYZE ARBITRATION AWARD DCM .70 Total Services ................... ............................ .......... ............................... ............... ...... $129.50 9 50 Date Disbursements Value Total for POSTAGE 0.37 Total Disbursements ..............................................:......................................... ............................... $0.37 Akerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0152276 ALEXANDER HECHAVARRIA -ONE DAY SUSPENSION Bill Number 8047037 Initials Name Hours Rate Amount DCM D. C. MILLER 0.70 185.00 129.50 Total 0.70 $129.50 Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, Fl, 32802 Bill No. 8047039 Tel: 407-843-7860 Fax: 407-419-8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DDRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: OSCAR SUAREZ, 3 DAY SUSPENSION Matter Number: 0174419 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 555.00 DISBURSEMENTS $ 3.87 TOTAL THIS INVOICE $ 558.87 PREVIOUS BALANCE 4,882.32 (includes payments received through 12/14/05) TOTAL NOW DUE AND PAYABLE S 5,441.19 To ensure proper credit to the above account, please indicate matter no. 0174419 and return remittance sheet with payment in US funds. Wired funds accepted: Akerman, Senterfitt & Eidson Operating Account c/o SunTrust Bank, Atlanta, GA ABA Number: 061000104 Account Number: 0215 - 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE JACKSONVILLE - MIAMI r ORLANDO •TALLAHASSEE TAMPA • WASHINGTON DC', WEST PALM BEACH Akennan Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0174419 OSCAR SUAREZ, 3 DAY SUSPENSION Bill Number 8047039 Date Services Atty Hours 2- Nov -05 REVIEW CORRESPONDENCE. JCC .20 3- Nov -05 TELEPHONE CONFERENCE LABRADOR. JCC .30 8- Nov -05 REVIEW PBA CORRESPONDENCE RE: O SUAREZ. JCC .30 9-Nov-05 LEGAL RESEARCH RE: ARBITRABILITY. JCC .80 9- Nov -05 DRAFT CORRESPONDENCE RE: SUAREZ. JCC .40 18- Nov -05 TELEPHONE' CONFERENCE S. LABRADOR RE: SUAREZ JCC .30 ARBITRATION. 18- Nov -05 TELEPHONE' CONFERENCE NAVARRO RE: SUAREZ; JCC .40 MONIES OWED; AT -WILL EMPLOYEES. 28- Nov -05 TELEPHONE CONFERENCE CHIEF RE: SETTLEMENT. JCC .30 Total Services ................................................................................................ ............................... $555.00 Date Disbursements Value Total for POSTAGE 0.37 11110105 TELECOPY 2.00 Total for TELECOPY 2.00 11/07/05 DUPLICATING 1.25 11110105 '; DUPLICATING 0.25` Total for DUPLICATING 1.50 Total Disbursements .............................. ............................. ................................ ............................... $3.87 . kerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0174419 OSCAR SUAREZ, 3 DAY SUSPENSION Bill Number 8047039 Initials Name' Hours Rate Amount JCC J. C. CROSLAND 3.00 185.00 555.00 Total 3.00 $555.00 .�, ,.., -•- -.s ;• �..,., F ..., ns�.;"` -,. °M .. �.x,: --max .; .�a ,w�; Mf °' "�.' - �s;,�,- alb -.,.., . :-. +:?r. i , +, .; 1 - - Senterfitt ATTORNEYS AT LAW Post Office Box 4906 Bill Date 14- Dec -05 Orlando, FL 32802 Bill No. 8047038 Tel: 407-843-7860 Fax: 407-419-8593 MS. MARIA DAVIS CITY MANAGER CITY OF SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 -5093 Client Name: STATE OF FLORIDA, CITY OF SOUTH MIAMI Matter Name: JOSEPH DURAN V. CITY OF SOUTH NIIAMI Matter Number: 0171988 INVOICE SUMMARY For professional services rendered through November 30, 2005 as summarized below and described in the narrative statement: SERVICES $ 573.50 DISBURSEMENTS $ 0.00 TOTAL THIS INVOICE $ 573.50 PREVIOUS BALANCE 1,165.50 (includes payments received through 12/14/05)_ TOTAL NOW DUE AND PAYABLE $ 1,739.00 To ensure proper, credit to the above account, please indicate matter no. 0171988 and return remittance sheet with payment in US funds. Wired funds accepted. Akerman, Senterfitt & Eidson Operating Account do SunTrust Bank, Atlanta, GA ABA Number: 061000104' Account Number: 0215 - 252207533 Reference your invoice number and matter number IRS EIN 59- 3117860 AKERMAN SENTERFITT FT LAUDERDALE - JACKSONVILLE • MIAMI .ORLANDO • TALLAHASSEE - TAMPA • WASHINGTON DC WEST PALM BEACH Akerman Senterfitt Page 3 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30- Nov -05 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8047038 Date Services At Hours 7- Nov -05 REVIEW AND REPLY TO EMAIL FROM CLIENT. DMH .20 7- Nov -05 DRAFT EMAIL TO OPPOSING COUNSEL RE: SETTLEMENT. DMH .10 10- Nov -05 REVIEW CORRESPONDENCE RE: SETTLEMENT. DMH .20 10- Nov -05 DRAFT EMAIL TO CLIENT RE: SETTLEMENT. DMH .10 10- Nov -05 TELEPHONE CONFERENCE NAVARRO RE: PLAINTIFFS' JCC .30 SETTLEMENT OFFER. 11- Nov -05 DRAFT EMAIL TO CLIENT RE: DEMAND`. DMH .10 11- Nov -05 ANALYZE SETTLEMENT ISSUES. DMII .30 15- Nov -05 REVIEW AND REPLY TO E -MAILS RE: SETTLEMENT DMH .20 DEMAND. 15- Nov -05 DRAFT' E -MAIL TO CLIENT. DMH .50 15- Nov -05 TELEPHONE CONFERENCE WITH CLIENT RE: DMH .10 SETTLEMENT. 18- Nov -05 CONFERENCE NAVARRO. - JCC .50 29-Nov-05 ANALYZE SETTLEMENT ISSUES. DMH .30 29- Nov -05 TELEPHONE CONFERENCE WITH OPPOSING COUNSEL RE: DMH .20 SETTLEMENT. Total Services ....... . .......... . ........ ................ .... ........ ... ......... $573.50 Akerman Senterfitt Page 4 035247 STATE OF FLORIDA, CITY OF SOUTH MIAMI As of 30-Nov-05 0171988 JOSEPH DURAN V. CITY OF SOUTH MIAMI Bill Number 8047038 Initials Name Hours Rate Amount DMH D. M. HEEKIN 2.30 185.00 425.50 JCC J. C. CROSLAND 0.80 185.00 148.00 Total 3.10 $573.50 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF 5 SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND, 6 PROVIDING FOR COMPLIANCE WITH CHAPTER 2004 -21, LAWS OF 7 FLORIDA, TO PROVIDE THAT PARTICIPANTS MAY AUTHORIZE 8 DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET 9 BENEFITS FOR SPECIFIC PURPOSES PROVIDING FOR 14 SEVERABILITY; ORDINANCES IN 'CONFLICT, AND AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the 2004 Florida Legislature enacted Chapter 2004 -21, Law of Florida, 14 which authorizes the trustees of the City of South Miami Police Officers' Retirement Trust Fund, 15 when authorized by a participant or participant's dependent, to make certain deductions from 16 monthly retirement payments, and 17 18 WHEREAS, an amendment to the city code is necessary to permit such deductions, and 19 WHEREAS, the trustees of the City of South Miami Police Officers Retirement Trust 20 Fund have requested and approved such an amendment as being in the best interests of the 21 participants and beneficiaries and improves the administration of the plan, and 22 23 WHEREAS, an actuarial impact statement is not necessary since this amendment is not a 24 change in plan benefits. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 28 29 Section 1 Section 16 -46(e) of the South Miami Code of Ordinances is hereby, 30 amended to read as follows: 31 Sec. 16 -46. Limitations generally. 32 (e) Alienation of proceeds, levy, etc; prohibited No participant shall have 33 any right to assign, alienate, anticipate or commute any payments 34 hereunder except the recipient of any monthly benefit may authorize the 35 board of trustees to withhold from the monthly benefit those funds 36 necessary to day for the benefits -being 'received through the city, to pay 37 the certified bargaining agent of the city, and to make any' payments for 38 child support or alimony. 39 40 Section 2s If any section, clause, sentence or phrase of this ordinance is for any 41 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 42 not affect the validity of the remaining portions of this ordinance, ;;—rRT ? r lk ff RT� 4R-7 T �--g w ,m7 m- jr�r,w,.xir liar �aiil�n�*siq IIIIIRq t'1 � N 1 Section 3. All ordinances or parts of ordinances in conflict with the provisions of 2 this < ordinance are repealed. 3 4 Section 4: This Ordinance shall take effect April 27, 2004, which was the effective 5 date of Chapter 2004-21, Laws of Florida. 6 7 PASSED AND ADOPTED this day of .2005 8 9 10 ATTEST: APPROVED: 11 12 13 14 CITY CLERK MAYOR 15 16 17 l" Reading — 18 2"d Reading - 19 20 21 READ AND APPROVED AS TO FORM COMMISSION VOTE: 22 Mayor Russell: 23 Vice Mayor Palmer: 24 Commissioner Wiscombe: 25 CITY ATTORNEY Commissioner Birts- Cooper 26 Commissioner Sherar: 27 28 29 30 31 G;lt shiPF\PLAmoRD "B251PolicePlan-0rdnAmendmerrt c% Benefits USA:, Inc. r,— 3 8 10 Inverrary Boulevard, Suite 208 Lauderhill, FL 33319 CITY OF SOUTH MIAMI PENSION 'FUNDS (954) 730 -2068, eat. 202 (800) 452 -2454, ext. 202 (954) 730 -0738 FAX November 4, 2005 Ms. Maria Menendez, City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: CITY OF SOUTH MIAMI PENSION PLANS Dear Ms. Menendez: The Pension Fund Attorney is requesting that the prepared Ordinance along with the no- cost impact statement letter from the Actuary be placed on the City Commission agenda.' Please notify our office when this issue will be on the agenda so that the Pension Fund Attorney can attend the City Commission meeting. We have also enclosed a cover letter dated April 29, 2005 from the Pension Fund Attorney regarding this matter. If you have any questions, please do not hesitate to contact this office. Sincerely, �J Haydee Lopez Administration office /hl enclosure E SUGARMAN & SUSSKINp PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW ` Robert A. Sugarman 2801 Ponce De Leon Boulevard Howard S. Susskind Suite 750 Kenneth R. Harrison, Sr. Coral Gables, Florida 33134 David E. Robinson (305) 529 -2801 D. Marcus Braswell, Jr. Broward 327 -2878 Pedro A. Herrera Toll Free 1- 800 -329 -2122 Facsimile (305) 447 -8115 ♦Board Certified Labor & Employment Lawyer April 29, 2005 Nagin, Gallop & Figueredo, City Attorney City of South Miami, Florida` 6130 Sunset Drive South Miami, FL 33143 Re; City of South Miami Pension Plans Chapter 2004 -12, Laws of Florida Dear City Attorney: On November 3, 2004, I wrote to you concerning the changes in the pension ordinance which will be necessitated by the adoption of Chapter 2004 -21, Laws of Florida. We have prepared the ordinance making the required changes. At their regular meeting of April 29, 2005, the trustees of the Pension Plans reviewed and approved the ordinances and recommended them for adoption by the City Commission. We request that you arrange for these to be placed on the City; Commission agenda. Once the ordinances are adopted, please ask the clerk to send a copy of the signed ordinances to the Pension Fund' office, c/o Haydee Lopez, Administrator, Benefits USA, Inc., "'3810 Inverrary Boulevard, Suite 208, Lauderhill, FL 33319, and to us. Nagin, Gallop & Figueredo, City Attorney City of South Miami, Florida April 29, 2005 Page 2 Should it be necessary for a representative of the pension board or our firm to attend the meeting at which' the City Commission will consider this ordinance, please let us know well in advance. We do not expect that it will be necessary since the ordinance imposes no additional cost on the city, or the members. We have also enclosed a no -cost impact statement from the actuary for your review. Yours truly, ROBERT A. SUGARMAN RAS1jd Enclosure cc: Board of Trustees G:\\SMPF\PLAN\HB251Adoption.LtCityAttomey I F=1 GABRIEL,'ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. •Suite 200 • Ft. Lauderdale, FL 33301- 2254.954- 527 -1616 • FAX 954- 525 -0083 March 17, 2005 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: As requested by Kenneth R. Harrison, Sr., Esq., we have performed an actuarial review of the attached proposed Ordinance: Based upon our review, the proposed Ordinance: 1 Allows participants to authorize direct third; party payments as a deduction from benefit payments for certain purposes.' 2. Provides for severability. 3. Provides for an effective date. In our opinion, based upon the actuarial assumptions and methods to be employed in the October 1, 2004 Actuarial Valuation, the proposed Ordinance is a no cost Ordinance under State funding requirements. We are available to respond to any questions concerning the above. Sincerest regards, Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary Enclosure cc: Kenneth R. Harrison, Sr., Esq. r S", , 1 ■r r �Zk . �n.. _< MIAMI DAILY BUSINESS REVIEW u5- Published Daily except Saturday, Sunday and Legal Holidays�r Miami, Miami -Dade County, Florida"r STATE OF FLORIDA HOTI OF PUBLIC NEARING , COUNTY OEMIAMI -DADE: ��. Beforethe undersigned authority personally appeared N iS HEREBYiate reg 1u ar[neetmgoiheCty Comr�ls sion#SCtedued foi Tue§ Janua 3 2006 beglnninat 730 pm i BOOKIE WILLIAMS, who on oath says that he or she is the has been CANCEL ED �� � I VICE PRESIDENT, Legal Notices of the Miami Daily Business wrt Review f /k/a Miami Review, a daily (except Saturday, Sunday That the oezt regulartneetmg of the City _ imission�has`been re , and Legal Holidays) newspaper, published at Miami in Miami -Dade scheduled for 1Netlnesday�Janula 11 : 6 begmnmg at 7:30 p County, Florida; that the attached copy of advertisement, theGlty CorhmtsslokrChartbers6130 gSunsetl)nveand the City;' being a Legal Advertisement of Notice in the matter of Commissionwdlhold P�ublH�ringstocon�derthefoilowingdems 5�� �T- AN ORDINANCE OF 7,_ HE MAY AND CITYCOMMISSION CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING OF THE CITE OF SOUTH MIAMI FLORIDA; AMENDING THE kGiTY OF SOUTH MIAMI 'POLICE ©FFICERSETIREMENT JAN. 3, 2006 MEETING CANCELLED - RE- SFHJDULED FOR JAN. 11, 2006 CRUST FUND PROVIDING 1 0R COMPLIANCE 1NiTH CHAP ! l ER 2002iWS ,OFORIDAfO PROYIDEiTHAT PAR : in the XXXX Court,jCIPANMAY AUTI)ORIZE EOT (HIRD PARTY PAY was published in said newspaper in he issues of ENTS "A A DEDUCTIONf NET BENEFITS FOR SPE CIF (C PURPOSES" PROVIDING OR SEUEHAILITY ORDI , 11 12/30/2005 fiIANCE5IN CONFLICT, ANb AN�FFECTIVE DATE �! go a A RESOLUTION bF `T E'TMAYO 1ND CITY t QOM iIIISSION t OF THE.CITY OF SOUTH IVIIAMtFbFIbARELATtNG TO A Affiant further says that the said Miami Daily Business REQ<7EST0 ALLOW FOR THEREATIQN °OFPARCELS Review is a newspaper published of Miami in said Miami Dade ANR • BIAS PERMITTED BY PROVISIONS• SET FORTH IN County, Florida and that the said newspaper has SECTION_20 4 2(B) OF THE SOUTH MIAMI LAND�DEVELOP heretofore been continuously published in said Miami Dade County, MENT�G9DE, A SSE 101 28 4 OF HE iIIIAm DADE Florida, each day (except Saturday, Sunday and Legal Holidays) OUNTY CADETAINITWAII�EIPLAT FOR and has been entered as second class mail matter at the post PROPERTY WITHIN AN RS 3L011t DENSITY RESIDENTIAL office in Miami in said Miami -Dade County, Florida, fora ZONING bISTRICT LAND ORE REGIFICALLI OCATED period of one year next preceding the first publication of the gT�O1119QUF�OUTH MIAMI,ORI))A attached copy of advertisement; and affiant further says that he or URPpSE�F ICE I_AIYEL �F PI AT IS TO AL LOlNfORTHE she has neither paid nor promised any person, firm or corporation CONSTRUCTION OFD SINGLE FAMIL�I' HOME ON LOT A any nt, rebate, commission or refund for the purpose 4ND FOR HE t_XISTIN INSTtTI� tONAL SE AA Ef31CAN of ecuri this advertisement for publication in the said LEGION,POST) TO fiEMAIN ON 'NA �(GEL AS A NON CON f, n` wspa r, FORMING USE PROVIDING FOR A LEGAL DESCRIPTION AND PROVIti1NGOR EFFECTIVE DATE L Above dems can beansQected m the�Cdy..Cler` cS Office Monday Fnday dunng rLe- UL- qff ce hours w , Sworn to and subscribed before me this r E }� �� t „If.you have any mqumes on the above dems pleasegrftact the Crty Clerksofflceat 305- 663 -634U s� 30 d DECEMBE -''; 2005 i .--� ALL interested parries are inyded to attend and wlil behea[cf �. ��x a fr kfNana NI Menendez CMC � �� � � � t � � € ����� � •-� {Cdy Clerk y (SEAL) it hereby advises the public BOOKIE WILLIAMS personally known Marini. Mesa' that rf a person decides to appea an'yy eclswnrtade by this Board Agency or Cmmissio wtth respect to s meet My Commission DD293855 ing or heanng he orshe will need a [ecord'of theroceedmgs and that for; °. 4r a w Expires March'0q, 2008 such purpose affected person may need to ensure that a verbatim record' of ,the proceedings is made whlcli rewrd includes the testimony and" - evidence upon which the appeal is to be based 12/30.05- 3- 33/622916M " � ; ¢¢ t -- - 1 4 ' a ' " for Tue§dav Janu 3 2006 TO, at 7 30 p n1 has been Wad 7 r Y7t The next Tegular ineelny of theme Commission has been re scheduled #or pC.' Janua 11 2006 beginr>irig at 30 p m in the CItY Commission Chambers,; 6130 Sunset .Dnve and_ the City Commission will holtl Public .Hearing$ to consider the followingftems " AN ORDINANCE'JUAENDINGIHE CffY ,OF.eOUTH MWI PO, OFFICERS gEnREMENr TRUST ` FUND, PROVIDING FOR COMPLIANCE WITH CHAPTER 2094 -21; LAWS OF FLORIDA, TO PROVIDE THAT PARTICIPANi3 MAY AUTHbRIZE DIRECT THIRD Ph iTY PAYMENTS IPA A DEDUCTION FROM NET BENEFITS FOA SPECIFIC PURPOSES A RESOLUTION fiELATINCvT011 REOl1EST.TO ALLOW FOR, THE CREATION OF =PARCELS A %!ND , "B "AS PERMITTED BY PROVISIONS SET,FORTH IN SECTION 2". (B) OF,THE SOUni MIAMI LAND DEVELOPMENT CODE AND SECTION 26 -4 OF,"IHE MIAMI DADE COUNTY, CODE - PERTAINING WAIVER OF PLAT FOR PROPERTY WITHIN'AN RS-3 "LOW DENSnY,RESIDENTIAL ZONING DISTRICT" ;AND 'MORE SPECIFICALLY..LocATED AT 7710 -SW 59TH COURT SOUTH ,MIAMI,'FLORIDA THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A `SINGLE FAMILY HOME ON LOT; A AND FOR THE EXISTING !NSTfUTiONAL USE (AMERICAN LEGION POST) TO REMAIN ON PARCEL BAS A NON - CONFORMING USE 0ROVJDING FOR A LEGAL DESCRIPJION - � Inquiries concerning this item should be directed to the City Clerk s office at 305 663 63Q0 ALL Interested parties are invited to attend and will be fieard Marta M Menendez, CMC Cdy Clerk — t Pursuant to lands Slafutes 2680106, the City hereby advises the public that H a person decides to appeal any decision made bythis Board, .Agency or Cpmmission with respect to any matter considered at Its meeting or hearing he or she will need a recmdppf the proceeds s and that for such Purpose ertected pereod may need to ensure that a verbatim record of the proceedings is made which r#rd Lro the_ thstim[y -. evidexe =ad the =x: '� ., s°er8 South Miami CITY OF SOUTH MIAMI - OFFICE OF THE CITMANAGER racwerorrwr>o ' ` [i•VFF lCEME MDU a Rte 2001 To: Honorable Mayor, Vice Mayor and Date: January 1/ 006 Commission Members' TEEM No. r From: Maria V. Davis S RE: Waiver of Plat City Manager L 7710 SW 5SP .Court RESOLUTION:' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR TBE CREATION OF PARCELS "A" AND "B" AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE' M€A11t1I DADE COUNTY CODE PERTAINING TO WAPA R OF PLAT FOR PROPERTY WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL zoNiNG DISTRICT" AND MORE SPECIFICALLY LOCATED AT 7710 SW 59m COURT, SOUTH MIAMI, FLORIDA; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "A7 AND FOR THE EXISTING INSTITUTIONAL USE (AMERICAN LEGION POST) TO REMAIN ON PARCEL "B" AS A NON- CONFORMING USE; PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The applicant, South Miami American Legion Post #31, has <submitted an application (PB -05- 428) requesting approval of a Waive of Plat in order to divide a 1.23 acre tract of land described as property Folio 09- 402&*00 -4470 located at 7710 SW 5qa` Court into two parcels. The applicant wishes to divide the tract into Parcel A with 19,886 square feet of lot area and Parcel B with 33,741 square feet of lot area. 'Both parcels would face SW 59* Court The applicant is proposing to build a single family home on the vacant Parcel A. APPLICABLE BEG LATIONS• Land Development Code • Section 20-3.5 Dimensional Requirements • Section 204.2(b) Land Subdivision Regulations (Waiver of Plat) Dade County Code • Chapter 284 Subdivision Regulations WAIVER OF PLAT REGULATIONS: The Land Development Code specifies that the Planning Board first reviews applications before they go to the City Commission. In addition to having to meet minimum zoning standards, Waiver -of Plat applications are to be reviewed by the Planning Board and City Commission on the basis of neighborhood compatibility. Specifically, three criteria are applied: (a) Whether the building sites created would be equal to or larger than the majority of the existing building sites and of the same character as Waiver of Plat / Variance- 7710 SW 59 Ct. January 3, 2006 Page 2 the surrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood'). (b) Whether the building site created would result in existing structures becoming nonconforming as they relate to setbacks and. other applicable regulations of these land development regulations. (c) Whether the building site created would be free of encroachments from abutting buildable sites. The City `Commission may designate additional conditions in connection with a waiver-of-plat, in order to assure that the proposed subdivision of land conforms to the above requirements. This provision could be used, for example, to ensure the retention of trees on the subject' property. Ztl►NM allMIVV ARR Y: EAR Mt Tet (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Fraternal Organization (Non- conforming) (c) Lot size: 53, 627 s.f. Minimum lot size 10,000 sT required. (d) Building Frontage: 329 feet. Minimum frontage 75 feet required: Lot "A ", (a) Zoning Designation :' RS -3 "Low Density Residential" (b) Use- Single - Family - proposed (c) Lot Size: 19,886 s.£ proposed.. Minimum lot size 10,000 s f. required (d) Building frontage: 122 feet proposed, Minimum frontage 75 feet required. Lot 2E,: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Fraternal Organization (continuation of Non- conforming use ) (c) Lot Size: 33,741 s.f proposed. Minimum lot size 10,000 s.f. required: (d) Building frontage: 207 feet proposed, Minimum frontage 75 feet required. STAFF OBSERVATIONS: (1) The proposed waiver of plat would create two proerties, zoned RS -3 "Low Density Residential ". Parcel B would continue to face SW 59 Ct. The new lot (Parcel, A) would also face and have frontage on SW 59'h Ct. This street frontage for both lots and the lot size of both lots exceed the minimum required. (2) Parcel "B" has an existing non - conforming fraternal organization use which' will continue. The applicant proposes to build a new single family home on proposed Parcel "N' (3) The two parcels at this location abut the RS -3 zoning on all sides and are surrounded by single- family homes. Waiver of plat / Variance— 7710 SW 59 Ct. January 3, 2006 Page 3 (4) The proposed wavier of plat would create parcels that have lot sizes larger than required by the land development regulations for RS-3. An analysis of the size of 91 surrounding lots within the standard 500 foot radius indicates that Parcel A would be equal to or larger than 93% of the surrounding lots. (A skyy produced list showing the lot sizes within the 500 foot ra&us is attached). (5) The creation of a second parcel and the placement a conforming single family structure will not impact the setbacks or other regulations applicable to the existing building on Parcel B; in fact the new single family residence will reduce the overall non-conformity of the property, (6) The site has a number of mature trees which should remain at their current location 4 N I N G AQ—A —RD Ac. M LON: The Planning Board, at its November 29, 2005 meeting, adopted a motion by a vote of 5 ayes I nay (Mr. Morton) recommending approval of the waiver of plat application. The waiver of plat application meets the basic criteria for judging a request, relating to lot size, non-conformity, and encroachments. The proposed use on Parcel A (residential single family) will be compatible with the surrounding community. It is recommended that the waiver of plat application be approved. AILachments Draft Resolution Application � Location MIOP Letter ofIntent Lot SYze ' ' survey Planning Bd"Minutes &cerpt 1.1 -29 -05 Public Notices Waiver ofpIat map Site plan-new, home MD/DODISAY EAComm ItcmsVO0611-34)61Waiver of Plat 7710 SW 59 Ct Reportdoc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE 5 CREATION OF PARCELS "A" AND "B" AS PERMITTED BY PROVISIONS SET 6 FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT 7 CODE AND SECTION 23-4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO 8 WAIVER OF PLAT FOR PROPERTY WITHIN AN RS-3 "LOW DENSITY' 9 RESIDENTIAL ZONING DISTRICT" AND MORE SPECIFICALLY LOCATED AT 10 7710 SW 59m COURT, SOUTH MIAMI, , FLORIDA:; THE PURPOSE OF THE WAIVER` 11 OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY ROME 12 ON LOT "A" AND FOR THE KKISTING INSTTTUTIONAL USE (AMERICAN 13 LEGION POST) TO REMAIN ON PARCEL "B" AS A► NON - CONFORMING USE; 14 PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE' 15 DATE. 16 17 WHEREAS, South Miami American Legion Post #31, has submitted Application No. 18 PB- 05-028 pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations requesting 19 approval of a Waiver of Plat in order to divide into two lots a 1.23 acre tract of land described as 20 property Folio 09- 4026400 -0470 located at 7710 SW 59* Court, and 21 22 VM3tEAS, the purpose of the waiver of plat application is to divide the tract into 23 Parcel A with 19,886 square feet of lot area and Parcel B with 33,741 square feet of lot area and 24 construct a single family home on the vacant Parcel A, and 25 26 WHEREAS, Planning staff has recommended approval of the application for said plat, 27 which is based upon (a) the merits of the application as it relates to requirements in the Land 28 Development Code and (b) the application's consistency with the City's adopted Comprehensive 29 Plan; and 30 31 WHEREAS, the Planning Board at its November 29, 2005 meeting, after a public 32 hearing, adopted a motion by a vote of 5 ayes l nay recommending approval of the waiver of 33 plat application; and 34 35 WHEREAS„ the Mayor and City ` Commission of the City of South Miami desire to 36 accept the recommendation of the Planning Board. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF TBE CITY OF SOUTH MIAMI, FLORIDA THAT: 40 41 Section 1. The Planning Board Application No. PB- 05-028 submitted by the South Miami 42 American Legion Post #31 requesting approval of a Waiver of Plat' in order to divide into two 43 lots a 1.23 acre tract of land described as property Folio 09- 4026 - 040 -0470 and located at 7710 44 SW 59s'Court, is hereby' approved. 45 46 Section 2. LEGAL DESCRIPTION: SEE AI AC W ".A„ 47 48 Section 3. This resolution shall take effect immediately upon approval. 49 Resolution Waiver of Plat 7710 SW 59 Ct. Page l of 2 1 2 PASSED AND ADOPTED this aay Of 2006. 3 4 5 - ATTEST: APPROVED: 6 7 9 CITY CLERK MAYOR 10 11 12 READ AND APPROVED AS TO FORM:- COMMISSION VOTE: 13 Mayor Russell: 14 Vice Mayor Palmer: 15 Commissioner Wiscombe: 16 CITY ATTORNEY Commissioner B rts- Cooper 17 Commissioner Sherar: 18 19 20 c .wounds and s f xmckcxmy bomnawword Domncnuut=oiutionwa veto ptat 771osw 59adoc Resolution Waiver of flat 7710 SW 59 Ct. Page 2 of 2 1 ATTACHMENT A 2 3 4 LEGAL DESCRIPTION: 5 6 PARENT TRACT: The North 64 feet of lot 10 and all of lots 11 and 12, of Pinecrest 7 Villas 2nd Addition, according to the plat thereof as recorded in plat book 56, at page 5, 8 of the public records of Miami Dade County, Florida. 9 10 CUT OUT PARCEL "A ": Lot 12 and the North 50 feet of lot 11, of Pinecrest Villas 2 "d 11 Addition, according to the plat thereof as recorded in plat book 56, at page 5, of the 12 public records of Miami Dade County, Florida. 13 14 CUT OUT PARCEL "B" The South 143 feet of lot 11 and the North 64 feet of lot 10, of 15 Pinecrest Villas 2 "d Addition, according to the plat thereof as recorded in plat book 56, 16 at page 5, of the public records of Miami Dade County, Florida, 5946 72 11 722 o- o SW 73RD ST 6659 5795 5940 c ° 7311 7340 j ~ 7313 7331 = 5624 -- C) n 5795 Q� I– 7321 SBSO ��� sys Lc) U) Sy,O 6 5901. o. 8022 SW 74TH ST 5 °05 5950 5900 5875 .� SW 74TH TER s ^. 7410 -. 7541 e 7563 7548 A � dab. gyp° 6 � 7440 d V � � o 7500 7511 � m° 7515 7520 �yq0 o W 7530 Q 7540 7541 7535 7575 6101 7541 5991 5880 5800 7515 7541 7532 7563 7548 m W i Q _ 7505 co L 7521 Cl) 7533 7549 -- > SW 7— 7601 7611 5862 7810 5 6150 6100 �. �.I o 7601 7600 7600 --- 7621 7620 7615 7616 7620 7620 7621 5864' 7621 7620 7621 7637 7630 7633 7630 LIJ 7630 LLl 7631 7628 E' 7630 7631 5 > U > > Q 7640 7641 7640 ¢ w = 7640 7640 7641 7634 py ° L P O E T 7700 co 7701 7700 3 7701 ° 5801 7650 '` m u' N 7710 7711 7710 7711 SW 77TH TER 7720 7720 7721 7714 7721 7720 577 7730 7731 7720 7731 7740 7741 7740 BROWN ST 7801 7810 6140 6110 ° ° �°o 7801 7800 7800 7821 7820 7821 7820 7851 iz ° Z. c 5991 5961 o v 7891 7901 7830 Q 7861 7830. _ SW 79TH ST w - 7911 7910 LO 7911 )g 7900 �' °p m $ 5940 (q 7931 7930 7931 m o 5989 69`', 5929 ° 5885 5871 5841 °J SW 80TH ST DAVIS RD DAVIS DR DAVI 6150 6120 6040 8020 5950 5930 5910 5900 5890 5880 5858 5834 5800 6000 5980 5790 --�0 . City of South Miami Planning & Zoning Department v City Hall, 6130 Sunset Drive, South, Miami, Florida 33143 Telephone: (305) 663 - 6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision 7 7`0 X5-41 �� f!r �� r PB �� Meets & Bounds: Applicant: . /'%? �trt '�isn €.. �r;.yw 4erV Phone: er Representative: d W ' 20S° W r5W Organization: e�EC� tze =s�� Address: "771f.� Setl C-r j-zi= Phone: Property Owners ,.ems, r� r0,.�' Signature: Mailing Address: 7/ D `ja'f� [Z-- /-4 Phone: sc, Architect /Engineer: rn"q m ,et r°z = 33 iY3 Phone: Is AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner ✓-Owner's Representative V Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _:Text Am: endment to LDC : — Variance PLEASE CHECK ALL THAT APPLY: _Letter of intent — Zoning Map Amendment _Special Use Justifications for change — PUD A: pproval -Special Exception _ Statement of hardship — PUD Major Change Other tZProof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: ZContract to purchase _ Current surrey (1 original sealed-and ' ` ce6�7-6 _ /(�� signed /1 reduced' cop'g, 11" x 17 ") ✓�15 copies of Site Plan and.Floor Plans < �r ti� e� /�i!✓� - reduced copy 11" x 17'} y —20% Property wner signatures Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map ., — Required Fee(s) e The undersigned has re this completed application and represents that the information nd all s miffed materials are true and correct to st of applicants knowledge and belief. XAppli ignature and title Date j Upon r ipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other appllca regulations. 'Applications found not in compliance will be rejected and' returned to the applicant. OFFI USE ONLY: Date - ed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment- 8/2/00 AMERICAN LEGION 7710 SW 59 COURT, LLC 8603 SOUTH DIXIE "HWY. SUITE 211 MIAMI, FL 33143 PHONE: (305) 663.4606 FAX: (305) 663.4607 November 7, 2005 Ref: 7710 SW 59 COURT, LLC Submission of Waiver of Plat Dear Neighbor: We,the`American Legion Post Number Thirty One are submitting a Waiver of Plat to the City of South Miami, which will lead to the subdivision of the two lots located at 7710 SW 59 Ct into a one single family home. Sincerely, American Legion Ofer Zosman, ', Vice - President «, WAIVER Ur PLAT Subject Property: 7710 SW 59 Court H South Miami, FL 33143' Lot A: 19,886 Lot B• 33,741' " 1 7720 SW 60 AVE 10,080 2 7714 SW 60 AVE 10,080 3 7710 SW 60 AVE 10,080 4 7700 SW 60 AVE 10,080 5 7640 SW 60 AVE 10,080 6 7630 SW 60 AVE 10,080 7 7620 SW 60 AVE 10,080 8 6000 SW 60 AVE 11,503 9 7731 SW 60 AVE 10,080 10 7721 SW 60 AVE 10,080 11 7711 SW 60 AVE 10,080 12 7701 SW 60 AVE 10,080 13 7641 SW 60 AVE 10,080 14 7631 SW 60 AVE 10,080 15 7621 SW 60 AVE 10;080 90 16 7601 SW 60 AVE 16,950 91 17 5990 SW 78 ST 14,700 18 5980 SW 78 ST ' 14,000 19 5960 SW 78 ST' 18,000 20 7800 SW 59 AVE 33,252 21 7740 SW 59 CT = 10,062 22 7720 SW 59 CT 10,062 23 7650 SW 59 CT 10,062 24 7634 SW 59 CT' 10,062 25 7628 SW 59 CT' 10!062 26 7620 SW 59 CT 10,062 27 7600 SW 59 CT 12,768 28 7741 SW 59 CT 13,040 29 7637 SW 59 CT 11,736 30 7621 SW 59 CT 11,736 31 7601 SW 59 CT ` 11,759 32 7740 SW 59 AVE_ 10,080 33 7720 SW 59 AVE 10,080 34 09 -4036- 017 -0050 10,080 35 09- 4036 -017 -0040 10,080 36 7640 SW 59 AVE 10,080 37 7630 SW 59 AVE 10,080 38 7620 SW 59 AVE 10,080 39 7600 SW 59 AVE' 10,080 40 7801 SW 59 AVE 16,959 41 7800 SW 58 CT 12,800 42 5888 SW 77 TERR 12,851 43 5876 SW 77 TERR 11,520 44 5864 SW 77 TERR 10,800 45 7830 SW 58 CT 12,800 46 7820 SW 58 CT ' 12,800 4 4 4 5 51 5 5 5 5 5 5 5 5 6 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 7 5852 SW 77 TERR 10,800 8 5887 SW 77 TERR 11,520 9 5875 SW 77 TERR 10,800 0 5863 SW 77 TERR 10,800 5851 SW 77 TERR 10,800 2 5839 SW 77 TERR '..10,800 3 7631 SW 59 AVE 38,071 4 7621 SW 59 AVE 19,030< 5 5864 SW 76 ST 26,582 6 7611 SW 59 AVE 15,657 7 5862 SW 76 ST ' 15,657 8 7621 SW 61 AVE 10,080 9 6020 SW 76 ST 10,890 0 5965 SW 76 ST 5,520 596.1 SW 76 ST 5,520. 5955 SW 76 ST 5,520 5945 SW 76 ST ' 5,520 5935 SW 76 ST ' 5,635: 5931 SW 76 ST 5,405 5909 SW 76 ST 6,843 5901 SW 76 ST ' 6,843 7643 SW 61 AVE 20,160 7701 SW 61 AVE 10,080 7563 SW 59 AVE 10,785" 7541 SW 59 AVE' 10,785 5861 SW 76 ST 11,189 7701 SW 61 AVE 10,080 7711: SW 61 AVE ; .10,080 7721 SW 61 AVE ` 10,080 76 77 78 79 80 81 82 83 84 85 86 87 88 89 7731 SW 61 AVE >10,080 6030 SW 78 ST 10,800.. 6000 SW `78 ST 15,143 6001 SW 79 ST 15,140 5991 SW 79 ST ` 25,879 5961 SW 79 ST ' 21,600 5949 SW 79 ST 12,500 5915 SW 79 ST 12,500 5901 SW 79 ST 13,125 5980 SW 79 ST ' 14,139` 5960 SW 79 ST ' 12,71 5940 SW 79 ST 21,267 7900 SW 59 AVE ,15,200 7901 SW 59 AVE ,15,712 7821 SW 59 AVE .;12,800 5840 SW 77 TER ':10,800. WAIVER OF PLAT z�,o 7710 SW 59 Court South Miami, FL parcel A is smaller than 7% of properties in the surrounding area: Parcel A is equal to or greater in size than 93% of properties in the 9s% surrounding area. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 7731 SW 61 AVE >10,080 6030 SW 78 ST 10,800.. 6000 SW `78 ST 15,143 6001 SW 79 ST 15,140 5991 SW 79 ST ` 25,879 5961 SW 79 ST ' 21,600 5949 SW 79 ST 12,500 5915 SW 79 ST 12,500 5901 SW 79 ST 13,125 5980 SW 79 ST ' 14,139` 5960 SW 79 ST ' 12,71 5940 SW 79 ST 21,267 7900 SW 59 AVE ,15,200 7901 SW 59 AVE ,15,712 7821 SW 59 AVE .;12,800 5840 SW 77 TER ':10,800. WAIVER OF PLAT z�,o 7710 SW 59 Court South Miami, FL parcel A is smaller than 7% of properties in the surrounding area: Parcel A is equal to or greater in size than 93% of properties in the 9s% surrounding area. 7731 SW 61 AVE >10,080 6030 SW 78 ST 10,800.. 6000 SW `78 ST 15,143 6001 SW 79 ST 15,140 5991 SW 79 ST ` 25,879 5961 SW 79 ST ' 21,600 5949 SW 79 ST 12,500 5915 SW 79 ST 12,500 5901 SW 79 ST 13,125 5980 SW 79 ST ' 14,139` 5960 SW 79 ST ' 12,71 5940 SW 79 ST 21,267 7900 SW 59 AVE ,15,200 7901 SW 59 AVE ,15,712 7821 SW 59 AVE .;12,800 5840 SW 77 TER ':10,800. WAIVER OF PLAT z�,o 7710 SW 59 Court South Miami, FL parcel A is smaller than 7% of properties in the surrounding area: Parcel A is equal to or greater in size than 93% of properties in the 9s% surrounding area. WAIVER OF PLAT z�,o 7710 SW 59 Court South Miami, FL parcel A is smaller than 7% of properties in the surrounding area: Parcel A is equal to or greater in size than 93% of properties in the 9s% surrounding area. SOUTH Al o� �f v INCORPORATED' 1927 C0R--j,4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting/ Action Summary Minutes Tuesday,, November 29, 2005 City Commission Chambers 7:30 P.M' I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7 :30 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairman, requested aroll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro Mr. Davis, Ms. Lahiff and Ms. Yates. Board members absent: None City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -05 -028 Applicant: South Miami American Legion Post #31 Location: 7710 SW 59 Court Request: A'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF PARCELS "A" AND "B" AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE 'COUNTY CODE' PERTAINING TO WAIVER OF PLAT FOR PROPERTY WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING 'DISTRICT" AND MORE SPECIFICALLY LOCATED AT 7710 SW 59TH COURT, SOUTH MIAMI, FLORIDA; THE PURPOSE OF THE WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON LOT "A" AND FOR THE EXISTING INSTITUTIONAL USE (AMERICAN LEGION POST) TO REMAIN ON PARCEL "B" AS A NON - CONFORMING USE; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting Excerpt November 29, 2005 Page 2 of 3 Action: Mr. Comendeiro -read the resolution into the record. Mr. O'Donniley informed that the applicant requested a waiver of plat in order to divide `a 1.23 acre tract of land described as property Folio 09 -4026 -000 -0470 located at 7710 SW 59 Court. The applicant wishes to divide the tract into Parcel A with 19,889 square feet of lot area and Parcel B with 33,741 square feet of lot area, Both parcels would face SW 59 Court. The applicant is proposing to build a family home on the vacant Parcel A In addition, Mr. O'Donniley provided the following staff observations: (1) The proposed waiver of platwould create two properties, zoned RS -3 "Low Density Residential ". Parcel B would continue to face SW 59th Ct. The new lot (Parcel A) would face and have frontage on SW 59th Ct.'This street frontage for both lots and the lot size of both lots exceed the minimum required. (2) Parcel `B" has an existing non - conforming, fraternal organization use which- will continue. The applicant proposes to build a new single family home on proposed Parcel «A„ (3) The two parcels at this location abut the RS -3` zoning on all sides and are surrounded by single- family homes. (4) The proposed wavier of plat would create parcels that have lot sizes larger than required' by the land development regulations for RS -3. An analysis of the size of 91 surrounding lots within the standard 500 foot radius indicates that Parcel A would be equal to or larger than 93% of the surrounding lots. (A staff produced list showing the lot sizes within the 500 foot radius) (5) The creation of a second parcel and the placement :a conforming single family structure will not impact the setbacks or other regulations applicable to the existing building on Parcel B; in fact the new single family residence will reduce the overall non- conformity of the property. (6) The site has a number of mature trees which should remain at their current location. RECOMMENDATION Staff indicated that the waiver of plat application meets the basic 'criteria for judging a request, relating a lot size, non - conformity, and encroachments. The proposed use on Parcel A (residential single family) will be compatible with the surrounding community. Staff recommended that the waiver of plat application be approved. At this point, Mr. Morton opened the public hearing. Applicant's representative: Mike McVeigh The Board, staff and Mr. McVeigh discussed the request for a waiver of plat which will lead to the subdivision of the two lots located at 7710 SW 59 Court. Mr. Morton expressed Planning Board Meeting Excerpt November 29, 2005 Page 3 of 3 concern that this large of 'a parcel would result in a huge single- family dwelling not compatible with the smaller homes in the area. Speakers NAME ADDRESS SUPPORPOPPOSE David Tucker, Sr. supported Mr. Tucker stated he supported this waiver of plat. Motion: Mr. Comendeiro moved to recommend approval of the application. Ms. Yates seconded the motion. Vote: Ayes; 5 Nays 1 (Mr. Morton) EACommItems\2006 \1'- 3- 06\PB`MINS 11- 29- 05'Excerpt.doc W `� °ll N. y'4SO J QO 0 06 H y n e i o \; To 0 D Pg g W `� °ll N. y'4SO J QO 0 06 H y n 122.00' j LLLLLLLL LLLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLL LL L L LLL LL LLL LLL LLLLLLL m 12200 iii >Iv _0 _ _ - S.W. !a COURT - - _ GIORGIO BALLI NEW RESIDENCE 6S T ARCHITECT s c� o N � y 5085 SW � oxx[x� WATHlpLBE NR3NAlpN01 ,ueacux tEaax mapertr. wva rtaoa AR 18851 C DS° 58 - 410T e o \; To 122.00' j LLLLLLLL LLLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLLLLLL LLL LL L L LLL LL LLL LLL LLLLLLL m 12200 iii >Iv _0 _ _ - S.W. !a COURT - - _ GIORGIO BALLI NEW RESIDENCE 6S T ARCHITECT s c� o N � y 5085 SW � oxx[x� WATHlpLBE NR3NAlpN01 ,ueacux tEaax mapertr. wva rtaoa AR 18851 C DS° 58 - 410T n _ i 7 MIAMI DAILY BUSINESS REVIEW Published Daily except, Saturday, Sunday ands£`:{ Legal Holidays Miami, Miami -Dade County, Florida * x,p vk STATE OF FLORIDA1110TIC ' E�FUBLIC�FARING ry COUNTY OF MIAMI -DADE: ��� s3 ip NOTICIS FfEREBY hat the reguaa meetln�fhe Clry Commis - Before the undersigned authority personally appeared _sioncheuletl foi7uesday January 3 2006 begin i�at 7 30 p m " SOOKIE WILLIAMS, who on oath says that he or she is the has been GINCELED And, �� VICE PRESIDENT, Legal Notices of the Miami Daily Businessxx 5 Review f /k/a Miami Review, a daily (except Saturday, Sunday Tha_!j- he next regular meeting "of the City Commission #►as been re ; and Legal Holidays) newspaper, published at Miami in Miami -Dade scheduled for Wednesday ¢January 11 2006 begimm�� at 7:30 p m.,n County, Florida; that the attached copy of advertisement, timid, C4mmt ston hart re;�130 Suunnsel Dnve�and the City V�v being a Legal Advertisement of Notice in the matter of Commission will hold Public Hl3arI I'll considerthefollowing items ON AN ORDINANCE OF THE MAYOR AND CITYCQMMISSION CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING OF THE CITYflF 50UTJ I MIAMI, FLORIDA a4MENDING THE JAN. 3, 2006 MEETING CANCELLED RE -SCH DULED FOR JAN. 11, 2006 CITY OF SOUTH MIAMI POLICE OFFICERSRETIREMENT TRUST FUND P,ROVIDII GyOR COMPLIANCE WITH CHAP ER 200 'VALAWS OF FLORID TO PROVIDE AT PAR in the XXXX Court, ^TICIPEANA #AY�AUTHORIZE D ECT THIRDzPARTY PAY was published in said newspaper in the issues of MI ENTS AS A DEDI�CTION.Ff O NET BENEFITS FOR SPE t r CIFfC PURPOSES; PROVIDING OR SEVERgI31LITY, ORDI 12/30/2005 NANGES IN CONFLICT AND ANFI ECTIVEDATE �-N! A RESOLUTtO1F�f EtMIAYOR p1ND CITY CrOMMI$SION Affiant further says that the said Miami Daily Business OF THE CITY OF SO H WIIAf�ti FLOI IDA�aREL TINE TO A Review is `a newspaper published at Miami in said Miami -Dade REQUEST TQALLaW FORTHECREATIONOFPARCELS "A County, Florida and that the said newspaper has SAND B SAS PERMITTED BY PROVISIONS SETF,ORTH IN heretofore been continuously published in said Miami Dade County, SECTION 20 4 2B) OF THE SOUTH•MIAMI LAND DEVELOP ' Florida, each day (except Saturday, Sunday and Legal Holidays) MENTCQF1I�ON 28 4 OFHE�IAMI DADE =r COUNTY¢ (.oDE ERT` l I G TOJIVAIVER ,SLAT FOR 'i and has been entered as second class mail matter at the post PROPERTY WITHIN AN RS 3 Q , DENSI ESIDENTIAL office in Miami in said Miami Dade County, Florida, fora 'ZONING (STRICT$ AND M RO E ,9 _CIFICAA�LLI OCATED period of one year next preceding the first publication of the qT T 0 5Vy $ CQURT SOUTH. MIAMI, LORIPA THE � attached copy of advertisement; and- affiant further says that he or 1?URPOSE OF E O OH THE '. AF L ALf she has neither paid nor promised any person, firm or corporation CONSTRUCTION pF4 SIAIGLE FAMILY HOMEON LOT A" any nt, rebate, commission or refund for the purpose i4NDORCHEXISTINaiSTiTITIONAL `�JSEAMERICAN of" ecuri this advertisement for publication in the said LEGION POST) TO REMAIN ON PARCEL B !-LAS, r4 NON -CON c n wspa r. FORMING USE PROVIDING FORA LEGALDESCRIPTION AND PROVIDIfS+;�tAt� EFFECTIVE DATE�� Above items can be4nspec. in'the City Clerks Off a Montlay Fnday rtlunng regular office hours Qi Sworn to and subscribed before me this If you have any inquiries „on the above, �terrts please .contact the City Clerks office at 305 - 663-6340, 30 tl DECEMBE j 2005_ �. ..: f! ALL interested parties are irtytted to attend and will be heard ?z Mana M Menendez CMC 4 ity "Cleric AX7 "y 02 Pursuant to Flonda Statutes 286 Oi05 the Clty hereby dwses the public SOOKIE WILLIAMS personally known tc , Maria I: Mesa "that-1f a person decdes to al ppeal any decision made y___ Board, a� Agency or Cornmisslon with respect to any matter consltlered as its meet- My Commission DD293Ei55 ing or heanng, he orsheyvill need arecoM bf the proceedings and that for, a ad'p Expires March 04, 2008 such purpose,aff- I q person may neetl to ensure that a verbatim record; of the proceedings ,is ;made ,,which record includes the testimony and. evidence upon which the appeal is to be based a2/3Q 05 3,33/622916M' / �\ \/ co y / \X /yam/\ \ \ /� \// 122.00' In 0 C C h: -- -- -- -- - J-- ------- — - - -- - -J L. - - - - -- O y I � 11 II II II II II � I I 11 LI F I �� I li a ii ii Q I D i ii �f ii L m + £�£ a jr —I 1j jl it II II II II II I I - - - - -- -- -- — = =r. 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LLLLLLLLLLL IL 11 LLLLLLLLLLL li - - - - -_ _ LLLLLLLLLLL I� Ij LLLLLLL LLLL 1 LLLLLLLLLLLLLLLL II LLLLLLLLLLLLLLLL I I LLLLLLLLLLLLLLLL jl LLLLLLLLLLLLLLLL 111 I LLL I LLLLLLLLLLLLL II LLLLLLLLLLLLLLLL II I� LLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLL I II LLLLLLLLLLLLLLLL 11 L LLLLLLLLLLLLLLLL II LLLLLLLLLLLLL- II -- LLLLLLLLLLLL - - - -- LLLLLLLLLLL ------ - - - - -- LLLLLLLLLL LLLLLLLLL LLLLLLLt' LLLLLLL- LLLLLLL- LLLLLLL LLLLLLL LLLLLLL LLLLLLL' LLLLLLL LLLLLLL LLLLLLL' LLL �\ LL L L LSD LLL LL' �\ ZF LL- LLL g� LLLLLLL' o 122.00' om m N S.W. 59 COURT �..� SEAL' p�Q N GIORGIO BALLI REVISION PROJECT: NEW RESIDENCE O o' D n S' 6�,. -: ARCHITECT io IV �' 5885 SW 13 ST MIAMI, FL. 33143 OWNER: WATERHOUSE IRTERHATIONAL ADDRESS: AMERICAN LEGION PROPERTY,. MIAK FLOFi®A. z AR 13951 (305)-569-9696 Pk (j..: �r_rri';T,".''r 'f ,r.,; �z i {r°r ,� v.. tt", sour South Miami bcftd ,` M-AmeflCa City U CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM toot. To Mayor Mary Scott Russell and Date: January 11, 2006 Members of the City Commission From: Velma Palme Agenda Item # Vice Mayor fi C Re: Candidate Debate RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING CHAMBER SOUTH TO HOST A CANDIDATES' FORUM PRIOR TO THE FEBRUARY 14, 2006 ELECTION;, PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS It is important that the voters of the City of South Miami have the opportunity to meet and familiarize themselves with the various candidates running for Commission seats in the February 2006 election. Chamber South conducted a candidates' forum for the 2004 election that was very professional and effective. It would be beneficial to the community for Chamber South to conduct a candidates' forum for the upcoming election. RECOMMENDATION It is recommended that the City Commission authorize the City Manager to request Chamber South to conduct a candidates' forum for the upcoming election. .,. �_'rr� �.sr.�F^� ��.� ., .. ,. ., - ,?.� -„ ._x °fir +:s . ,.t,:'� ,'-,;" ?*,�,• -'���� �°�"'"?y�'sk,`�t.� .'�.� ��Y.r'�, � sra, ;,.,s�� - .�..,�r:^ �i _aai rtt-.�F -�e- -�:m, �`=vTr 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CANDIDATES' 5 FORUM TO BE HOSTED BY CHAMBER SOUTH PROVIDING FOR AN 6 EFFECTIVE DATE. 7 8 WHEREAS, it is important for the voters of South Miami to meet and familiarize 9 themselves with the candidates of the 2006 election; and 10 11 WHEREAS, Chamber South conducted a very professional and effective forum for the 12 2004 election. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 16 17 Section 1. The City Manager requests Chamber South to host a candidates' forum for 18 the upcoming election. 19 20 Section 2. This resolution shall take effect immediately upon approval. 21 22 PASSED AND ADOPTED this 11th day of January, 2006. 23 24 ATTEST: APPROVED: 25 26 27 CITY CLERK MAYOR 28 29 30 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 31 Mayor Russell: 32 Vice Mayor Palmer: 33 Commissioner Wiscombe: 34 CITY ATTORNEY Commissioner Birts- Cooper: 35 Commissioner Sherar 36 37 .,..: , ��:..a ... �.�i. -... .: ._ :, "T�zi", "rk n .. :41 -�. �� ,ar °.°F'�. �F'.. b.'s�,._;q s °t`ti South Miami CITY OF SOUTH MIAMI 1827 �- �x fl Rom OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 200' To: Honorable Mayor, Vice Mayor & Date: January 2006 City Commission From: Maria V. Davis - Agenda Item #�.. City Manager Re: Collective Bargaining Agreement for AFSCME Bargaining Unit Employees ORDINANCE: AN 'ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS AFSCME); PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: After several months of negotiations between City Administration and the leadership of the American Federation of State, County and Municipal Employees - AFL-CIO/Local 3294, a new three-year collective bargaining agreement has been completed. The new agreement covers fiscal years 2004 -2005, 2006-2006 and 2006 -2007. This Agreement was ratified by the bargaining unit membership on December 8, 2005. RECOMMENDATION: We recommended that the City Manager be authorized to enter into the attached Collective Bargaining Agreement: I ORDINANCE NO 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMNIISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND 5 AUTHORIZING THE CITY MANAGER TO EXECU'T'E A THREE 6 YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE 7 CITY OF SOUTH MIAMI AND THE AMERICAN FEDERATION OF 8 STATE, COUNTY AND MUNICIPAL. EMPLOYEES, AFL -CIO; LOCAL 9 3294; (HEREINAFTER REFERRED TO AS AFSCME); PROVIDING 10 FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City Administration and AFSCME have successfully concluded 14 negotiations on a three -year contract, and 15 16 WHEREAS, the City Manager and AFSCME, have reached a three -year Collective 17 Bargaining Agreement effective from 2004 to 2007, and 18 19 WHEREAS, the Agreement was ratified by the union rank and file on December 8, 20 2005. 21 22 NOW, THT LEFORE BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAl1rII, FLORIDA THAT: 24 25 Section 1. The Collective Bargaining' Agreement for 2004-2007 between the City of 26 South Miami and AFCSME, which is attached and herein incorporated by reference, is approved 27 and the City Manager is authorized to execute said contract on behalf of the City. 28 29 Section 2. If any section clause, sentence, or phrase of this resolution is for any reason 30 held' invalid or unconstitutional by a; court of competent jurisdiction, the holding shall not affect 31 the validity of the remaining portions of this resolution 32 33 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 34 ordinance are repealed. 35 36 Section 4. This ordinance shall be effective as of October 1, 2004. 37 38 39 PASSED AND ADOPTED this day of , 2006. 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK MAYOR 45 46 AFSCME Ordinance Page 1 of 2 1 1 Reading 2 Reading - 3 4 5 6 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 7 Mayor Russell: S Vice Mayor Palmer: 9 Commissioner Wiscombe: 10 CITY ATTORNEY Commissioner Birts- Cooper: 11 Commissioner Sherar: 12 13 C :w wmenu and swingslAii"my Do w ..ukw d Documeotsl0rdinanseAFSCMECo rac t doe AFSCME Ordinance Page 2 of 2 TABLE OF CONTENTS ARTICLES PAGE ARTICLE 1 AGREEMENT 4 ARTICLE 2 RECOGNITION 4 ARTICLE 3 MANAGEMENT RIGHTS 4 -5 ARTICLE 4 NON- DISCRIMINATION 6 ARTICLE 5 NO STRIKES OR LOCKOUTS 6 ARTICLE 6 DUES CHECK -OFF 7 ARTICLE 7 UNION STEWARD 7 ARTICLE 8 MAINTENANCE OF DISCIPLINE 8 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 8 -11 ARTICLE 10 SICK LEAVE 11 -12 ARTICLE' 11 ANNUAL LEAVE 12 -13 ARTICLE 12 FUNERAL LEAVE 13 ARTICLE 13 HOLIDAYS 13-14 ARTICLE 14 HEALTH INSURANCE 14 ARTICLE 15 HEALTH AND SAFETY 14 ARTICLE 16 UNIFORM$ AND SAFETY EQUIPMENT 15 ARTICLE 17 WAGES 15 ARTICLE 18 LONGEVITY BONUS 15-16 ARTICLE 19 PERFORMANCE EVALUATION 16 ARTICLE 20 CLASSIFICATION APPEAL 17 ARTICLE 21 SERVICES TO THE UNION 17 -18 ARTICLE 22 CALL BACK 18 ARTICLE 23 SEVERABILITY CLAUSE 18 ARTICLE 24 PERSONNEL AND REGULATIONS 18 ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING 18 ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS 19 ARTICLE 27 RULES AND REGULATIONS` 19 ARTICLE 28 EMPLOYEE AND UINION COOPERATION 19 ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE 20 ARTICLE 30 OFF DUTY EMPLOYMENT 20 ARTICLE 31 DRUG AND ALCOHOL TESTING 20 ARTICLE 32 COURT TIME 21 ARTICLE 33 LAYOFF AND RECALL 21 -22 ARTICLE 34 REPRESENTIATION DURING NEGOTIATIONS 22 -23 v ARTICLE TABLE OF CONTENTS PAGE ARTICLE 35 EMERGENCIES 23 ARTICLE 36 - LABOR MANAGEMENT COMMITTEE 23 ARTICLE 37 PENSION BENEFITS 23-25 ARTICLE 38 WORK IN HIGHER CLASSIFICATION 25 ARTICLE 38 TERM OF AGREEMENT 25-26 ARTICLE 1 AGREEMENT Section 1: This Agreement is entered into by the City of South Miami, hereinafter referred to as the City, and the American Federation of State, County and Municipal Employees, AFL -CIO, City Employees Local 3294, hereinafter referred to as the Union. Section 2: It is the purpose and intention of this Agreement to provide for salaries, fringe benefits and other terms and conditions of employment except` as otherwise provided by Constitution, Statute, Charter, Ordinance, Administrative Order or Personnel Rules. It is further the intention of this Agreement to prevent interruption of work and interference with the efficient operation of the City of South Miami and to provide an orderly, prompt, peaceful and equitable procedure for the resolution of grievances and the promotion of harmonious relations between the City of South Miami and the Union. Upon ratification, the provisions of this Agreement will supercede Personnel Rules, or Administrative Orders, and/or other rules and regulations in conflict herewith. ARTICLE 2 -RECOGNITION T he City hereby recognizes the union as the exclusive bargaining representative of all regular, full time employees employed as equipment operators, laborers, sanitation engineers and supervisors, custodial workers, parks and grounds workers and supervisors, maintenance workers and supervisors, paint and body workers, building maintenance workers and supervisors, maintenance mechanics and supervisors, carpenters, and motor equipment operators and code enforcement officers employed by the City of South Miami, but excluding all secretarial employees, professional employees, managerial employees, and confidential employees. ARTICLE 3 MANAGEMENT RIGHTS Section 1: The Union' recognizes that management possesses the sole right, duty and responsibility to operate and manage the City and direct the work force; and the rights, authority, and discretion which the City deems necessary to carry ; out its responsibilities and missions shalt be exercised consistently with these terms. Any term and condition of employment other than wages and benefits not specifically established or modified by this Agreement shall remain solely with the discretion of the employer to modify, establish or 4 eliminate, provided such are exercised consistently with the provisions of Prevailing Benefits, as provided in the current Personnel Rules and Regulations, adopted September 6,`1977. Section 2: These rights and powers include, but are not limited to the authority to: a. determine the missions and objectives of the City; b. determine the methods, means and number of personnel needed to carry out departmental responsibilities; C. direct the work of the employees, determine the amount and type of work needed, and in accordance with such determination relieve from duty because of lack of funds or lack of work, d. discipline or discharge employees for cause; e: schedule operations and shins; f. introduce new or improved methods, operations and facilities; g. hire, examine, classify, promote, train, transfer and assign employees; h. schedule and assign overtime work as required; i.. determine the utilization of technology; j. merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the 'City, makes in good business judgment such curtailment or discontinuance advisable; k. contract or subcontract any existing or future work. I. the City will make every effort to notify the union of the contracting out or privatization of service involvingl classes within the bargaining unit within 60 days after the City decides to contract out or privatize services. The City shall' furnish the union a copy of any Request for Proposal (RFP) to contract or privatize services. M. reduce, assign, or cease any existing job covered in the current Personnel Rules and Regulations; n. determine whether and to what extent the work required in its operation shall be performed by the employees covered by this Agreement. 5 ARTICLE 4 NON - DISCRIMINATION Section 1: it is agreed that there- shall be no discrimination against any employee covered by this Agreement, by either the Union or the City because of race, color, sex, age, national origin, religion, disability, membership in the Union, or non - membership in the Union. The parties further'agree that the City may take any and all action in order to fully comply with the Americans with Disabilities Act. Section 2: All employees covered by this Agreement shall have the right to join the Union as well as the right not to join the Union. Neither the Union nor its members or agents shall interfere with, restrain, or coerce employees into membership in the Union. The Union and the City shall not discriminate against any employee because of that employee's membership or lack of membership in the 'Union or by virtue of the employees holding office or Tnot holding office in the Union. ARTICLE 5 NO STRIKES OR LOCKOUTS Section 1: -There will be no strikes, work stoppages, picketing while working or while in City uniforms, slowdowns, boycotts, or concerted failure, or refusal to perform assigned work by the employees covered under this Agreement for any reason whatsoever, and there will be no lockout by the City for the duration of this Agreement. The Union supports the City fully in maintaining efficient operations: Section 2: it is recognized by the parties that the City is responsible for and engaged in activities which are the basis of the health and welfare; of the citizens of the City and that any violation of this Article would give rise to irreparable damage to the City and the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain immediate injunctive relief. Section 3: Informational picketing is that picketing permitted solely for the purpose ° of conveying to the general public the Unions position in the labor dispute. Section 4: In the event of a strike, work stoppage or interference with the operation ,and/or! 'accomplishment of the mission of the City, the Union shall promptly and publicly order the employees to return to work and attempt to bring about a prompt resumption of normal operations. 6 ARTICLE 6 DUES CHECK -OFF Section 1: Upon receipt of a lawfully executed written authorization from an employee, the City agrees to deduct the regular Union dues of such employee from his regular pay and remit such deduction to the duly elected Treasurer of the Union within thirty (30) days from the date of deduction. The Union will notify the City in writing thirty (30) days prior to any change in the regular Union dues structure. Section 2: An employee may revoke his /her Union dues deduction in accordance with Florida Law 447.303. Section 3: The Union agrees to indemnify and hold the City and any of its agents or Commission members harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not 'taken by the City under the provisions of this Article. ARTICLE 7 UNION STEWARD Section 1: The Union has the right to select an employee from within the Bargaining Unit, as herein defined, to act as onion Steward. The name of the Union Steward and alternate designee shall be certified, in writing, to the City Manager by the Union. It is agreed and understood by the parties to this Agreement, that the Union Steward may, without loss of pay, with prior approval of his supervisor, process grievances. The supervisor's approval shall not be unreasonably withheld. it is agreed to and understood by the parties to this Agreement that there shall not be more than one (1) Steward and one (1) Alternate Steward within the Bargaining Unit, as herein defined. It is agreed to and understood by the Union that the Union Steward shall process grievances and conduct his /her other duties in such a manner that does not disrupt normal City activities, work production and services. Section 2: Every effort will be made, by both the City of South Miami and the _Union, to allow the Union Steward to investigate grievances as rapidly as possible, preferably on the same date as the grievance becomes known, and within at least twenty -four (24) hours. The investigation of a pending grievance or personal contact of the employee during work time by the Union Steward shall not be done without first receiving prior approval from both employees' supervisors. Approval shall not' be unreasonably withheld. Section 3: In no event shall the department layoff, discharge, or discriminate against a Steward for action taken in the performance of his/her duty as a Steward. ARTICLE 8 MAINTENANCE OF DISCIPLINE Section 1: Whenever it is alleged that an employee has violated any rule, regulation or policy, or upon the discovery of the violation, the employee shall be immediately notified by his/her supervisor of said violation. Every effort shall be made to have an informal discussion with the employee prior to the issuance of any disciplinary action. Section 2: There shall be no Performance Report, Evaluation Statement, or Reprimand placed in an employees personnel folder unless the employee has been given a copy at the same time it is placed in the file. Section 3: All matters concerning discharge and discipline are to be resolved only in accordance with the procedures set forth below. It is specifically agreed and understood that probationary employees shall have no right to challenge disciplinary; action. Section 4: Employees desirous of contesting disciplinary action may appeal such action through the Rules and Regulations of the Personnel Board. Alternatively, the employee may choose to appeal the discipline as provided in Section Five (5), only one (1) procedure is applicable. If within five (5) working` days of receiving the discipline the employee does not notify the City Manager in writing that the employee is choosing the grievance procedure, then the Personnel Board procedure will be used. Section 5: If the grievance procedure is chosen, the grievance steps contained in Article X shall be utilized first. The employee organization may then appeal any decision of the City Manager by submitting a written request to arbitrate within five (5) working days after receipt of the City Manager's written decision. ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances: involving the application or interpretation of this Agreement. Section 2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as out in thal steps of this Article, his/her grievance shall be considered conclusively abandoned. Any grievance not answered by management' within the prescribed time limits shall automatically advance to the next higher step. s Section 3: Grievances shall be presented in the following manner. 1. The employee shall first take up his/her grievance with his "immediate supervisor (i.e., supervisor excluded from the ` Bargaining Unit) within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. This first step (between the employee and his immediate supervisor) shall be on an informal and oral basis, and may involve the Employee Organization or any other representative of the employee; 2. Any grievance, which cannot be satisfactorily settled with the immediate supervisor, shall be reduced to writing by the employee and shall next be taken up with his Department Head. Such grievance shall be presented to the Department Head, in writing, within ten (10) business days of the deadline date ` for the completion of step 1 The Department Head shall, within ;ten (10) business days ;after presentation of the grievance (or such longer period of time as is mutually agreed upon), ;render his decision on the grievance in writing; 3. In the event the employee is not satisfied with the disposition of the grievance in step 2, he shall have the right to appeal the Department Head's decision to the City Manager, or his designee, within ten (10) business days of the issuance of the Department Head's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee. The employee may also opt to have the representative of the Employee organization to request that the Department Head's decision be reversed or modified. The City Manager, or his designee, shall within ten (10) business days of the appeal (or, some longer period as is mutually agreed upon) render his decision in writing, with a copy to the Employee Organization. 4: Where a grievance ' is general' in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Employee Organization and the City, such grievance shall be presented in writing directly to the Department Head within ten (10) business days of the occurrence of the event (s) which gave rise to the grievance. The grievance shall be signed by the aggrieved employees or the President or representative of the Employee Organization. Thereafter, the grievance shall be processed in accordance with the procedures set forth in step 2 and step 3. 5: Grievances or complaints involving discharge, suspension, demotion or other disciplinary action invoked by the City, shall be appealable only through the procedures set forth in the Maintenance of Discipline Article IX. 6: In the event a grievance processed through the grievance procedure has not been resolved at step 3, either party may request that the grievance be submitted to arbitration within fifteen (95) business days after the City Manager, or his designee, renders a written decision on the grievance. The arbitrator shall be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to furnish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth (5th) which will give a neutral or impartial arbitrator. 7: The City and the employee (or the Employee organization) shall' mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement, or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supercede applicable taws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 8: Consistent with the provision of the Florida Public Employees Relations Act, Chapter 447, et sea., it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective bargaining agreement. Accordingly,' and not withstanding any other provisions of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provisions of law, statute, ordinance, resolution, rule or regulation, or provision of this collective bargaining agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost or liability except for the expense of arbitration, by both parties, and the economic benefits provided by this Agreement, which result directly or indirectly, in the 'City exceeding the amounts appropriated and approved by the City Commission for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. 9: Each party shall bear the expense of its awn witness (es) and of its own representatives for the purpose of the arbitration hearing. ' The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. 10: The parties shall make their choice of the impartial arbitrator within ten (10) business days after the 'receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. 11: No probationary employee shall be entitled to utilize the Personnel Board (or the grievance /arbitration procedure herein) on any matter involving discharge, suspension, demotion or other' disciplinary action." ARTICLE 10 SICK` LEAVE Section 1: The City agrees to institute a 'sick leave reimbursement plan, which would reimburse employees for unused sick leave when they retire or resign, in accordance with the following schedule: Date of hire to five (5) years of service .............. .. ..0% Five (5) years to ten (10) years of service.. ....... .... .....25% Ten (10) years to fifteen (15) years of service ......... .........................50% Fifteen (15) to twenty (20) years of service .................... ... ..........................:.75% Over twenty (20) years of service .......... ... ...100% Section 2: Sick leave is a protection to be used by employees when needed for illness. Sick leave is not a benefit to be used at the employee's discretion as _though it were. annual leave; rather, sick leave is a privilege, which shall be allowed only in a case of illness.` The employee must specifically request sick leave -use. Section 3: Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term of this Agreement. Employees who are hired on or after October 1, 7995, will not be eligible to receive any sick leave payout. 11 Section 4: Effective October 1, 1995, ` employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by section 3 of this Article. Section 5: All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment and will have no cap on sick accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but WH have a "no -cap" maximum on sick leave accrual. All employees < who have "attained a sick leave balance of 'a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to "convert up to 32 hours of their` annual unused sick leave balance in excess of 288 hours to vacation leave. An employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. Section 6: Effective- October 1 2001, employees covered under this Agreement shall be eligible to receive an additional' day off for not using sick leave during that calendar year. ARTICLE 11 ANNUAL LEAVE Section 1: Employees shall earn and receive annual leave at their respective classified rate of pay in accordance with the following schedule: Years of Uninterrupted Service Amount of Vacation Leave One to five years inclusive 12 working days Six to fourteen years inclusive 15 working days Fifteen to nineteen years inclusive 18 working days Twenty years and over 21 working days Section 2: No vacation pay shall be allowed until an employee has worked at least one (1) continuous 12 month period. At the end of the 12 -month period, the employee shall be entitled to twelve (12) working days. Section 3: It shall be mandatory for each employee to use all earned vacation time each ,year, on or before his next anniversary date. Everything over that will be cancelled. Under exceptional' circumstances and upon written request` within the year in which the vacation is clue, and with the approval of the City manager, vacation time may be extended for one year only. Section 4: Vacation leave may be taken to the extent that it is earned 'by an employee, only with the prior approval of the department head, upon written application by the employee in advance, and at the convenience of the City. 12 Section 5 Any earned and credited vacation leave to the credit of an employee when terminating employment with the city will be paid pro -rata at the employees current rate of pay with the last paycheck received. Section 6: Any employee covered by this Agreement who has over twenty years of uninterrupted service shall accumulate one additional day of annual leave per year of service. ARTICLE 12 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave may be granted if travel is out of state. 2. The immediate family shall be defined as wife or husband, domestic partner, grandparents, parents, children, grandchildren, brothers, sisters, father: -in -law, mother -in -laws, brother-in- law and sister4n -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. ARTICLE 13 HOLIDAYS Paid Holidays are: January 1 New Year's Day 3rd Monday in January Martin Luther King Day 3`d Monday in February Presidents Day Last Monday in May Memorial Day July 4 Independence Day 1 st Monday in September Labor Day November 11 Veteran's Day Last Thursday in November Thanksgiving Day Friday following Thanksgiving Day 1/2 December 24 Christmas Eve December 25 ` Christmas Birthday ' After one year of service Floating holiday After one year of service When a holiday falls on a regularly assigned day off for an employee, such employee shall be compensated by another day off. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the proceeding Friday shall be observed. Each employee shall be entitled to a day off, with pay, for his birthday each year, following one year of continuous employment. The day off is to be taken within a reasonable 13 time and will be determined by the supervisor and employee. Approvalidenial of the requested day off shall not he made in an arbitrary and capricious manner. Each employee shall be entitled to a day off, with pay, as a floating holiday each year, following one year of continuous employment. The supervisor must approve the day off. In order to be eligible for holiday pay, the employee must work the scheduled workday before and the scheduled workday after the holiday. ARTICLE 14 HEALTH INSURANCE The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. ARTICLE 15 HEALTH AND SAFETY Section 1: The parties agree that it is in the best interests of the City and its employees' to provide safe and sanitary working conditions. The City and the Union insist on the observation of safe rules and safe procedures by employees. Failure of employees to comply may result in disciplinary action. If an employee believes he is being required to work under life threatening unsafe conditions or in a situation where a serious safety violation exists, he shall immediately notify his supervisor who will investigate the condition and take appropriate action, if necessary. Section c: Safe Driving Awards. Any employee covered by this Agreement who drives or operates motor equipment twenty -five percent of the time in the performance of their duties shall be eligible to receive a, safe driving certificate and a $25 bonus in December if the following criteria is met: Must have no preventable accidents /violations or chargeable accidents within that calendar year. Employees shall be accountable for accidents that are found to be preventable. The City Manager or designee shall determine whether accidents were preventable. Section 3: An employee shall receive a copy of the on the Job Injury Report after the report has been 'read to the employee and after the employee has signed the report. Neither the City, Union nor any individual employee refuse to report an injury nor dissuade an employee from reporting an injury. 14 ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT Section 1: Safety Equipment. Employees of the Public Works Department shall be issued two (2) pairs of safety shoes per man for use at work each year. In addition to safety shoes, the following safety equipment shall also be used by unit employees: safety gloves, eye goggles, safety vests, life vests (boat), hard hats, safety harnesses, and safety belts (vehicle). Employees who sign for and receive safety equipment shall use it in a safe manner, as directed by the Public Works Director. Employees are responsible for using safety equipment properly. if an injury occurs because an employee did not use safety equipment properly, the employee may be disciplined. Section 2:- Uniforms: Each employee shall receive four (4) pair of pants, ten (10) work shirts, per person each year. Section 3: Gloves: Each employee shall receive two (2) pairs of gloves per year. In extreme circumstances, the Public Works Director will determine if the employee requires an additional pair during the year: Section 4 The City shall issue a jacket of quality comparable to that used by the Police Department to each employee, covered by this Agreement. Furthermore, safety shoes will be replaced as necessary to maintain safety standards of the Department. ARTICLE 17 WAGES All bargaining unit employees who are employed in positions covered by the unit on the date this Agreement is ratified by the City Commission' shall receive the following: Year COLA 10101/04 2.40 10/01105 2.50 10/01/06 ' 3.00 I' Effective upon ratification of this Agreement by the parties, bargaining unit employees shall receive a one time only $500 stipend, not added to base pay and not pensionable. ARTICLE 18 LONGEVITY BONUS Employees covered by this Agreement with 10 years of continuous satisfactory full time service shall' receive a longevity bonus of 3% of the employee's base salary on their anniversary date (Longevity 1)'. After 15 years of continuous satisfactory full time : service an 15 additional 3% will be compounded (Longevity 2). After 20 years of continuous satisfactory full time service an additional 3% will be compounded (Longevity 3). After 25 years of continuous service with the City, all bargaining unit employees who are employed in positions covered by this unit shall receive an additional longevity step, which is 3% of their salary compounded (Longevity 4). ARTICLE 19 PERFORMANCE EVALUATION During the term of this Agreement, all employees shall be evaluated on their anniversary date (or as close thereto as possible it is understood and agreed that no employee covered hereunder shall receive a merit wage adjustment, which would bring him above the top of the salary range in his/her job classification. Ail newly hired employees will have a one year probationary period. Should an employee covered hereunder reach the top of the salary range in his job classification, he shall be "red - fined" and shall not be eligible for a merit increase. Ali employees who are eligible to receive a merit increase (i.e., who are not at the top step of their classification) and who receive a satisfactory (or above) evaluation on 'their anniversary date shall receive a merit increase of five percent (one- step). Any employee receiving an overall evaluation of improvement needed or unsatisfactory shall not, at that time, receive a merit increase. Said employee shall be reevaluated within no more than ninety (90) days from the first evaluation. if the employee is found to be satisfactory at that time, the employee shall receive the merit increase as of the date of the second evaluation. All newly hired employees will be given an interim evaluation after six (6) months. The anniversary date for future evaluations shall be changed to the date of the second evaluation. in the event that the employee remains unsatisfactory after the second evaluation, the City Manager may take such further, action, as it deems appropriate to improve the evaluation. In the event that an employee is dissatisfied with a below satisfactory evaluation, the employee may within five (5) working days of receiving his evaluation, 'tile a written appeal to the City Manager. The City Manager shall hold a meeting with the employee and a union representative if, desired and shall thereafter issue his decision. The City Manager`s decision shall be final and binding and shall not be subject to review.' 16 ARTICLE 20 CLASSIFICATION APPEAL Section 1: Whenever an employee has reason to believe that 'helshe is misclassified, he /she may apply for a review of his/her classification by submitting such a request in writing to his /her department head. The request shall include proposed - job description. Within 20 calendar days of receipt of the request, the department head shall forward the request, with any comments that the department head wishes to make, to the City Manager. Section 2: Within 30 days of receipt ` of the request for reclassification, the City Manager shall meet with the employee (and, if the employee requests, a representative of his/her choosing). At the meeting, the employee may produce any documents to support his/her request for reclassification. Within 30 calendar days of such meeting, the City Manager shall render his decision in writing. Section 3: If the City Manager determines that an employee is misclassified, the employee shall be placed in a current appropriate classification (as determined by the City Manager), unless the City Manager determines that there is no existing appropriate classification. In such cases, the City Manager shall recommend to the City Commission that a new classification, job description, and pay range be adopted. In the event that a request for reclassification is granted, the employee shall receive the new compensation beginning with the date of the City Manager's decision. Se: ction 4: The City Manager's decision shall be final and is riot grievable. Section & Employees may not submit a request for reclassification more than once every twelve (12) months. ARTICLE 27 SERVICES TO THE UNION Section 1: The City agrees to furnish the Union, once a year, one copy of the following, regarding employees in the bargaining unit: a) games, addresses, classifications, and social security numbers; and b) List of employees by occupation. Section 2: The City will furnish the Union with sufficient bulletin board space for up to four (4) Union notices, size 8-1/2 X 14 at the following two (2) locations: Public Works and the employee lounge. It is intended for the purpose of interpretation that the bulletin boards shall be provided primarily for employee information and internal communications and not for the 17 primary purpose of communicating with the general public. The Public Works Director must first approve anything that the Union wishes to post on the bulletin board ARTICLE 22: CALL BACK Employees called back to work shall be guaranteed a minimum of three (3) hours pay, of which shall be considered hours worked for the purpose of determining overtime compensation, providing such work does not immediately precede or immediately extend the employees regularly assigned work shift. ARTICLE 23 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement, or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement ARTICLE 24 PERSONNEL RULES AND REGULATIONS The Personnel Rules and Regulations of the City of South Miami as published in the City's Handbook dated and revised September 6, 1977 are hereby incorporated into this contract in its entirety. ARTICLE 25 COMPLETE AGREEMENT AND WANFER'OF BARGAINING Section 1 It is agreed and understood that this Agreement constitutes the complete understanding between the parties, concluding all collective bargaining during its term, except as may otherwise be specifically provided herein. The entire Agreement may reopened for negotiations in the event any portion of it is not approved by the City Commission of South Miami, or funds are not available for its implementation. Section 2: it is understood and agreed: that if any part of this Agreement is in conflict with mandatory Federal' or State Laws or mandatory provisions of the City Charter or Ordinances, such .parts shall be re- negotiated and the appropriate mandatory provisions shall prevail. 18 ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen or renegotiate this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters, which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. ARTICLE 27 RULES AND REGULATIONS' Section 1: It is agreed and understood that the City has Rules and Regulations governing employment. Said Rules and Regulations shall be formulated, amended, revised and implemented in the sole and exclusive discretion of the City, provided, however, that said new, amended, revised, and implemented rules or regulations will be neither arbitrary nor capricious. Section 2` The City shall provide a copy of any new rule or regulation, as well as any amendment or revision to a rule or regulation to the Union. Said rules or regulations will be provided prior to their effective date, if possible. As provided in Section 1, the Rules and Regulations will be formulated, amended, revised and implemented in the sole and exclusive discretion of the City. However, the Union may submit a written request to bargain over the impact of the new and /or revised rule or regulation within fourteen (14) calendar days from receipt of the rule or regulation. The City agrees that it will immediately participate in requested impact bargaining, provided that the effective date of the and/or revised rule or regulation will not be delayed until after the complication of impact bargaining. ARTICLE 28 EMPLOYEE AND UNION COOPERATION The Union agrees that it and all of the members of the bargaining, unit will, at all times, work in the best interests of the City and further, will perform efficient work and put forth their best efforts toward obtaining lowest possible operating costs to protect the properties and serve the best interests of the City and its residents. 19 ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE If an employee abuses vehicles or equipment, the employee will be subject to discipline in accordance with the Discipline policy. ARTICLE 30 OFF DUTY EMPLOYMENT Employees shall be permitted to work off duty jobs with the prior approval of the City Manager. Off duty jobs that have hours that conflict with the employee's regular shift* that present conflicts of interest, 'etc. shall not be approved. However, approval of off-duty employment shall not be unreasonably withheld. ARTICLE 31 DRUG AND ALCOHOL TESTING Section 9: The City and the Union recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing. Section 2: Using, selling, possessing or being under the influence of drugs or controlled substances while at work is prohibited. Employees I are further prohibited from consuming alcohol and drugs on duty and/or abusing alcohol and drugs off duty to the extent that such use and /or abuse tends to have an effect upon the performance of their job functions. Section 3:- The City may require' any employee to submit to a 'blood analysis, urine analysis, and/or intoxalyzer, when it has a reasonable suspicion that an employee is under the influence of or using alcohol, drugs or narcotics and/or when an employee is involved in an accident (i.e.,'automobile or other injury). Section 4: All bargaining unit employees covered by this Agreement have agreed to submit to random drag tests. Employees will be selected at random and without prior notification for alcohol and drug testing. Random drug testing may occur not more than twice per employees per year. Section 5: The parties agree that an employees refusal to submit to drug or alcohol testing in accordance with the provision of this Article may result in disciplinary action being taken against the employee up to and including dismissal. Section 6: At the conclusion of the drug and alcohol testing, the City may take whatever action, if any, it deems appropriate. In the event that said action is in the form of 20 discipline, the employee may grieve said disciplinary action through the contractual grievancelarbitration procedure. Section 7: It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1 2004: ARTICLE 32, COURT TIME Any employee who is subpoenaed to testify at ,a court trial in a matter arising out of the performance of his/her official job duties, or who is required to serve on a State of Florida or federal court jury, will be paid his/her straight time rate for each scheduled work day lost, minus any compensation received from the court or witness fees. 'Employees released by the court shall report back to work, unless they are relieved within two (2) hours of the end of the employee's shift. Upon return to work, employees shall furnish evidence of time release to the Finance Department. ARTICLE 33 LAYOFF AND RECALL Section Z: A layoff shall be 'deemed to have occurred when the City, within its sole discretion, announces that it is laying off employees for lack of work, or lack of funds. Section 2: The City agrees to notify the Union of the names of employees being laid off at the same time notice is provided to the affected employees or immediately thereafter. Section 3: Employees to be laid off shall be given at least fourteen (14) calendar days notice of the layoff, or shall be given wages in lieu of notice, or a combination thereof. Section 4: The City Manager or his designee shall designate the job classifications in which the layoffs shall occur and the number of employees within each classification to be laid off. Employees shall be laid off by job classification and, within each classification, by bargaining unit seniority. However, no regular employee shall be separated from his/her classification while 'there are emergency, provisional, probationary, or temporary employees in the classification in which the layoff(s) is occurring. Section 5:i Any employee covered by this Agreement who is affected by a layoff shall have the right to displace any employee with less bargaining unit seniority in any lower rated classification covered by this Agreement, provided that said employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. The City manager and /or Department Director shall determine lower rated classifications and whether 21 the affected employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. Such determinations shall be made in the sole discretion of the City Manager and/or Department Director and shall be final and binding. When an employee elects to "bump" into a lower rated classification, said employee will be paid the rate of pay of that lower rated classification. Section 6: Employees who have been laid off will have the recall rights specified in this section for a period of time not to exceed twelve (12) months. (A) Employees shall be recalled according to bargaining unit seniority into the classification from which the employee was laid 'off or into a lower rated classification covered by this Agreement, provided that the employee is immediately qualified to perform the necessary services to be performed in the employees classification or in the lower rated classification. Determinations as to lower rated classifications and qualifications to perform necessary services shall be made in the same manner as set forth in section 5 (above). All employees who are recalled shall be required to pass a physical examination and a drug test. (6) Employees on layoff shall be responsible to keep' with the City Manager's office the employee's current address. If an 'employee on layoff fails to keep his/her current address on file as provided herein, the employee shall forfeit all recall rights. Employees entitled to recall shall be notified of a vacancy, by certified mail not less than seven (:7) calendar days prior to the date the employee is to report to work.' A copy of the recall notice shall be sent to the Union. A recalled employee shall be considered to have voluntarily resigned if he/she fails to accept employment within fourteen (14) calendar days after the notification is mailed by the City or fails to report to work as instructed. I Thereafter, the provisions of this Agreement <notwithstanding, the City will. owe no further obligation to the employee. Section 7: An employee on layoff status does not accrue seniority but does retain his/her accumulated seniority until recall. If recalled, the employee again begins to accrue seniority. ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS Section 1: The bargaining team for each party shall consist of not more than four (4) persons. The Union will furnish the City with a written list of its bargaining; team prior to the first negotiation meeting. 22 t Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2) unit employees who will be paid their regular rate of pay for attending negotiations during work hours. Such pay shall not exceed twenty (20) hours in each fiscal year. ARTICLE 35 EMERGENCIES Section 1: The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City property andior to the citizens of the City. ` immediately after making such determination, the City Manager's office shal l notify the Union of the decision, and, to the extent possible, the length of time the emergency condition is expected to continue. Section 2 During the declared emergency, all provisions of this Agreement may be suspended. Any provision so suspended will be reinstated upon order of the City Manager after the emergency has ended. Section 3 Disputes concerning the Agreement arising during the declared emergency shall not be subject to the grievance and arbitration procedure except disputes concerning salary and wages. ARTICLE 36 LABOR- MANAGEMENT COMMITTEE There shall be a Labor - Management Committee consisting of no more than two management representatives designated by the City Manager and no more than two bargaining unit employees appointed by the President of the Union. The Labor - Management Committee i shall meet as mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employee relations (e.g., safety issues). Thus, the = parties agree that the purpose of the Committee shall not be to discuss grievances or matters which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. ARTICLE 37 PENSION BENEFITS Section 1 The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any, to the City Commission 23 for consideration regarding changes to said plan. The parties may appoint up to three members each to the Committee; however, one of the City's members shall be the City Manager and one of the Union's members shall be the Staff Representative from AFSCME Florida Council 79. If the parties are not able to 'reach agreement on recommendations to the City Commission, both sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. Section 2: The following changes in the pension are as follows: a. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8 %. b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 °!o. c. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be Increased from 2.0 to 2.25 %, d. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased from 2.25 to 2.5 % e. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75%. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements; a. The pension multiplier shall be increased to 2.125 % effective October 1, 2000, for all bargaining unit members,- as part of pension plan improvements, from their' pension participation date through September 30, 1996. b. The pension multiplier shall be increased to 2.250 % effective October 1, 2001, for all bargaining unit members as part of pension plait improvements, from their participation date through September 30, 1997. c. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for all bargaining unit members as part of the pension plan improvements, from their participation date through September 30, 1998. d. For the first year of this collective bargaining agreement, the employee contribution to the retirement plan will be 7 %. Upon commencement of the second year of the collective bargaining agreement and .hereafter, should the total 24 ;. contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total of 8.00% and the employees shall contribute a total of 8.00 %). ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department dead to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above - referenced three (3) consecutive work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 11: This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until September 30 200, Section 2: Either party may require, by written notice to the other, between April 1 st and not later than .rune 1st discussions concerning modifications of this Agreement on'non- financiai issues, one issue chosen by the Union, and one issue chosen by the City. If neither party shalt submit such written notice- during the indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years thereafter. THIS AGREEMENT signed this day of 2000: AMERICAN FEDERATION OF STATE, CITY OF SOUTH MIAMI LOCAL 3294 By: Date: Maria V. Davis, City Manager By: Date: John Maresca, AFSCME Staff Representative By: By Doug Baker, Union President George Greene, Treasurer Attest: Date: City Clerk CITY OF SOUTH MIAMI CITY COMMISSION By: Cate: Mary Scott Russell, Mayor By. Cate: Velma Palmer, Vice Mayor' By: Cate: Marie Brts- Cooper, Commissioner By; Cate: Randy G.'Wiscombe, Commissioner By_ Date: Craig Z. Sherar, Commissioner Attest: City Clerk 26 dur South Miami ' CITY OF SOUTH MIAMI' Ry OFFICE OF THE CITY MANAGER INTEWOFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor and Date: January ll, 2006 Members of the City Commission From: Maria V. Davis C' Agenda Item # /4 City Manager Re: PBA Collective Bargaining Agreement ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 'APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association and the City of South Miami for fiscal years 2004 -2005, 2005 -2016 land 2006- 2007.' This Agreement was ratified by the unit on June 23, 2005. The Agreement was presented to the 'Commission and approved via resolution at the July' 10, 20 05 Commission meeting. It is being brought back to the City Commission as an ordinance because at the December' 20, 2005 Commission meeting staff was informed that multi -year contracts must be adopted as ordinances, not resolutions. RECOMMENDATION: Since the, Collective Bargaining, Agreement has already been executed by the City Manager, 'based upon approval of the resolution, it is requested that this ordinance be approved. I ORDINANCE Nu. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING 5 THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE 6 BARGAINING AGREEMENT BETWEEN THE 1bIIAMVDADE COUNTY 7 POLICE BENEVOLENT ASSOCIATION AND THE CITY C F SOUTH S 1VTL"%- PROVIDING FOR SEVERABILITY,' ORDINANCES IN 9 CONFLICT AND AN EFFECTIVE DATE. 10 I I WHEREAS, the Mayor and City Commission of the city of South Miami seek to provide 12 the highest levels of law enforcement protection and services for the citizens, residents, businesses 13 and visitors of the City of South Miami; and 14 15 WHEREAS, a Collective Bargaining Agreement with the Mann-Dade County Police 16 Benevolent Association :(PBA), representing the sworn officers of the South Miami Police 17 Department, is an integral; component of this effort; and 18 19 WHEREAS, the City Administration and the PBA have successfully concluded 24 negotiations on a new three -year contract which achieves these objectives; and 21 22 WHEREAS, the PBA has ratified the proposed contract. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MAW FLORIDA THAT; 26 27 Senn on 1. The Collective Bargaining Agreement for 2004 -2007 between the Miami 28 Dade County Police Benevolent Association and the City of South Miami, which is attached and 29 herein' incorporated by reference, is approved and the City Manager is authorized to execute said 30 contrast on behalf of the City; 31 32 Section 2. Many section, clause,' sentence, or phrase of this resolution is for any reason 33 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the 34 validity of the remaining portions of this resolution 35 36 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 37 ordinance are repealed. 38 39 Section 4. This ordinance shall be effective as of July 19 , 2005. 40 41 PASSED AND ADOPTED this day of , 2005. 42 43 ATTEST: APPROVED; 45 46 C1TY CLERK MAYOR 47 PBA Ordinance Page 1 of 2 1 Is' Reading 2 2 Reading 3 4 5 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 6 Mayor Russell: Vice Mayor Palmer: 8 Commissioner Wiscomhe: 9 CITY'; ATTO: Commissioner Birts- Cooper: 10 Commissioner Sherar 11 12 c:u),=.enu =d sewawxm&ewy Domme t.s word Domment.ko,& am mAAgwma t,doc is a PBA Ordinance Page 2 of 2 S °1�'"�► South Miami CITY OF SOUTH MIAMI # - INt:ORPORAlEU � � �® 192 OFFICE OF THE CITY MANAGER t a RYV INTER- OFFICE MEMORANDUM 2001 To Honorable Mayor, Vice Mayor & Date: January 11, 2006 City Commission From: Maria V. Davis l Agenda item # I!r City Manager C Re: PBA Police Lieutenants and Police Captains Collective Bargaining Agreement ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA„ APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE BACKGROUND AND ANALYSIS: Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association for Lieutenants and Captains and the City of South Miami for fiscal years 2004-200512005-2006 and 2006 -2007. This agreement had been ratified by the unit on June 23 2005_ The agreement was presented to the Commission and approvers via resolution at the November 1, 2005 Commission muting. It is being brought back to the City Commission as an ordinance because at the December 20, 2005 Commission meeting staff ' was informed that multi-year contracts must be adopted as ordinances, not resolutions. RECOMMENDATION: We recommended that the City Manager be authorized to enter into the attached Collective Bargaining Agreement. .z�sv:t.KM I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY S MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING 6 AGREEMENT BETWEEN THE MIAM-DARE COUNTY POLICE 7 BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND 8 CAPTAINS) ° AND THE CITY OF SOUTH MIAMI; PROVIDING FOR 9 SEVERABUATY,'ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE 14 11 WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the 12 highest levels of law enforcement protection and services for the citizens, residents, businesses and 13 visitors of the City of South Miami; and 14 15 WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent 16 Association (PDA), representing the Supervisory Collective Bargaining unit (Lieutenants and Captains) of 17 the South Miami Police Department is an integral component of this effort, and 18 19 WHEREAS, the City Administration and the FBA have successfully concluded negotiations on a 20 new three -year contract which achieves these objectives; and 21 22 WHEREAS, the Supervisory Collective Bargaining' unit of the South Miami Police Department 23 has ratified the !Collective Bargaining Agreement. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF 26 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 27 28 Section 1. The Collective Bargaining Agreement for 2004 -2007; between the Miami Dade 29 County Police Benevolent Association and the City of South Miami, which is attached and herein 30 incorporated by reference, is approved and the City Manager is authorized to execute said contract on 31 behalf of the City. 32 33 Seaton 2. If any section clause, sentence, or phrase of this resolution is for any reason held 34 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect `the validity of 35 the remaining portions of this resolution. 36 37 Section ' 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 38 are repealed. 39 40 Section 4. This ordinance shall be effective as of November 1, 2005. 41 42 43 PASSED AND ADOPTED this day of 2006. 44 45 ATTEST: APPROVED: 46 47 48 CITY CLERK MAYOR PEA Lieutenants & Captains Ordinance Page 1 of 1' Reading — 2 2nd Reading 3 4 READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Russell; { Vice Mayor Palmer: 7 Commissioner Wiscombe: 8 CITY ATTORNEY Commissioner Birts- Cooper: 9 Commissioner Sherar: 10 11 c.0owmcats and SdfingstAt ak Wy DoommbWord Dowmcnft"*n==Lka&CVLAffO==L&W PBA Lieutenants & Captains Ordinance Page 2 of i -- ; � ...:rte- � -�.� -- .,..- ?- ..- �- ��°:- -�� .�;�.��,• .....,. k.-4., �.r.. , _. . «�:..� �',��;::1^`fi�r„ ° -..J , .., . ,n:.., r w. �. ���.r <;?� -� -,r.:� f.n ��m: �.yf�°, �. ; .�'. '�'* .. :^�^cs* w„� x: a` OUT South Miami had CITY OF SOUTH MIAMI • f� I OFFICE OF THE CITY MANAGER INTER.- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor & Dame: January 11, 2006 City Commission From: Maria V. Davis Agenda Item a--/— City Manager Authorizing a Lease Agreement with The South Miami Children's Clinic for the Phase I building at Murray Park located at 6701 SW 58 Place ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY' COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND SOUTH MIAMI PEDIATRIC CLINIC, INC. FOR THE LEASE OF THE PHASE I BUILDING AT MURRAY PARK LOCATED AT 6701 SW 5& PLACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: During the course of discussions with South Miami Hospital CEO Wayne Brackin - relating to the variety of contributions that the hospital has made to the City over the past 20 years, the need for a pediatric clinic was identified. This is partly due to the fact that many of our residents feel that the Rosie Lee Wesley Clinic does not adequately serve their health care needs. As a result, they commute to the Helen Bentley clinic in Coconut Grove. A committee comprised of hospital personnel, health care professionals experienced in developing and managing free clinics, community leaders and City Administration has been meeting on a regular basis to develop the framework and guidelines for the clinic. The clinic will be operated as a not-for-profit, 501C3 corporation. One of the most important criteria established is to limit service to indigent children residing in the City of ' South Miami geographic boundary. If approved by the commission, it is anticipated that the clinic will be open with a nurse practitioner by the end of May or Dinning of June 2006 to begin community outreach activities and facilitate basic health care services. The goal is to hire a medical director to coordinate physician services by July. This timeline will coincide with required school and athletic program physicals. Mr. Brackin successfully engaged the University of Miami and several private donors to fund the day-to-day: operation of the clinic; however, a proper location to serve the community is required. The Phase I building located at Murray Park has been identified as an ideal location. In order to make room for the pediatric clinic within the Phase I building, an alternate location had to be found for the recreation equipment that is presently located in the Phase I building. As you are all aware, the 2005 -06 Community Redevelopment Agency (CRA) budget includes funding for the total renovation of the "Mobley" Building located adjacent to Murray Park. The CRA Board approved the proposed floor plan of the Mobley Building, 'which included a bay for a recreation room. It is our intent to relocate the existing recreation equipment from the Phase I building to one of the bays within the Mobley Building, as was discussed during budget proceedings. This will become the new "Recreation Room" where children will be able to enjoy pool, ping pong, air hockey, foosball and other table games under the supervision of Recreation Division staff. The open floor plan of the space in the Mobley Building provides a more suitable layout for this equipment as well as improved supervision by having all of the equipment` in one room. The attached lease agreement has been drafted to provide for a children's pediatric clinic within the Phase I building at Murray Park. The facility will be operated by South Miami Pediatric Clinic, Inc. through funding provided by the hospital, the University of Miami and private doctors. There is absolutely no cost to the City. Under the terms of the tease Agreement, South Miami Pediatric Clinic, Inc. will be responsible for the renovation, maintenance and upkeep of the building, including paying for all utilities. REC®MME.NDATI{)►N: We recommend that the City Manager be authorized to enter into the Lease Agreement to allow South Miami Pediatric Clinic, Inc. to lease the Phase I building at Murray Park for a period of IQ years. l ORDINANCE NO. 3 AN rORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; 5 APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND 6 SOUTH MIAMI PEDIATRIC CL ffC, INC. FOR THE LEASE OF THE 7 PHASE I BUILDING AT MURRAY PARK LOCATED AT 6701 SW 5e 8 PLACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR SEVERABIOLITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Mayor and City Commission have determined that it is in the best 13 interest of the City of South Miami to establish a free pediatric clinic for indigent children 14 residing in South Miami; and 15 16 WHEREAS, as'; part of the Community Redevelopment Agency's 2005 -06 Budget, , 17 funding has been appropriated to convert a portion of the "Mobley" Building adjacent to Murray 18 Park to accommodate the recreation equipment currently in place in the Phase I Building at 19 Murray Park, and 20 21 WHEREAS, the Mayor and City Commission desire to enter into a ten -year lease 22 agreement with South Miami Pediatric Clinic, Inc. to operate a free pediatric clinic in the Phase 1 23 Building at Murray Park. 24 25 NOW., TSE %EFORE, BE IT mmmo By THE MAYOR AND CITY 26 COMMIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 27 288 Section 1. The Lease Agreement between the City of South Miami and The South 29 Miami Children's Clinic, dated January _ 2006, which is annexed to this ordinance, is 30 approved. 31 32 Section 2. The City Manager is authorized to execute the Lease Agreement on behalf 33 of the City of South Miami. 34 35 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 36 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 37 affect the validity of the remaining portions of this ordinance. 38 39 SeS lion 4 All ordinances or parts of ordinances in conflict with the provisions of this 40 ordinance are repealed. 41 42 Section 5. This ordinance shall take effect immediately upon enactment. 43 44 PASSED AND ADOPTED this day of January 2006. 45 46 SIGNATURE PAGE TO FOLLOW Ordinance Children's Clinic Lease Page l of 2 I ATTEST: APPROVED: Z 3 4 CITY CLERK MAYOR 5 b 7 2st Reading — g 2°0 Reading — 9 14 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 11 Mayor Russell 12 Vice Mayor Palmer: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Birts Cooper: :15 Commissioner Sherar: 16 17 18 19 C= Documcnts and SeffitWV rickeWy DocumcasWmd Dowmeatts \Or� LeasePb wl-&c Ordinance Children's Clinic Lease Page 2 of 2 1 2 LEASE AGREEMENT 3 4 5 This Lease Agreement is entered into as of , 2006, by and between The City 6 of South Miami, a mupAeipality of Miami Dade G ty, F' a political subdivision of the 7 state of Florida ( "Landlord ") and South Miami Pediatric Clinic, Inc., a Florida not- for - profit 8 corporation ("Tenant'). 9_ 10 Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to 11 Tenant and Tenant leases from Landlord, the real propert y designated in the attached Exhibit 12 "A" which is located at 6701 SW 58th Place, South Miami, Florida, 33143, and which has a legal 13 description as follows: Larkins Townsite PB 2 -105 Lots 10 thru 18 Blk 1 & Lots 1 thru 9 Blk 8 14 Lot size irregular, together with all existing and future improvements and all appurtenances and 15 privileges, all of which is hereinafter referred to as the "Premises. 16' 17 Section 1. Lease Term. The lease term shall be 10 years and shall commence on 18 , 2006, and terminate on , 2016. 19 20' Section 2. Rent. The annual rent for the lease term shall be $ .00, payable in full on 21 the commencement date and on February 1 of each successive year of the lease. Tenant shall 22' pay the first month's rent to Landlord at the time of the parties' execution of this 'Lease. 23 24 Section 3. Use of the Premises. Tenant shall exclusively use the Premises to operate 25 a charitable health care clinic, with an emphasis on pediatric care. The detailed breakdown of 26 the free mediea4 serviees to be provided by the Tenant, is attached and ineer-per-ated as Exhibit A. 27' Tenant's use shall be in a lawful, careful, safe, and proper manner, and Tenant shall carefully 28 preserve, protect, control and guard the same from damage. Subject to the Landlord's rights and 291 as long as no default shall have occurred and is continuing, Tenant shall peaceably and quietly 30 have, hold, and enjoy each the Property for the applicable term, free of any claim or other action 31 by Tenant with respect to any matters that arise from and after the lease agreement 32 commencement date. 33 34 Section 4. Taxes and Assessments. Tenant shall pay all real estate taxes and 35 assessments becoming' due and payable with respect to the Premises during the lease term and " 36 any extension and all taxes or other charges imposed during the lease term or any extension with 37 respect to any business conducted on the Premises by Tenant or any personal property used by 38 Tenant in connection with the Premises, provided, however, that Landlord acknowledges that 39 Tenant is a Florida not- for -profit corporation and that Tenant shall, be eligible for such property 40 and other tax exemptions as are granted to other not- for -profit corporations providing healthcare 41 services. Taxes, assessments or other charges which Tenant is obligated to pay or cause to be 42 paid hereunder and which relate to any fraction of a tax year at , the commencement' or 43 termination of this Lease shall be prorated. Landlord is entitled to all tax benefits that ordinarily 44 are available to property owners similar to this property. 45 1 of 10 1 Section 5. Utilities. Tenant shall promptly pay or cause to be paid all charges 2 incurred for all utility services furnished to the Premises, including without limitation, telephone 3 service, sanitary sewer, water, natural gas, and electricity. Tenant shall also pay for all 4 maintenance of all utilities during the lease term and any extension thereof. New services that 5 are not specifically included'herein, must be authorized in writing by the Landlord. 6 7 Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is 8 passed or enacted by any governmental agency or department having jurisdiction over the 9 Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or 10 use of the 'Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and 11 expense, promptly comply with such law, ordinance, order, rule, or regulation. 12 13 Section 7. Maintenance and Repair. Tenant shall, at dwif its sole cost and expense, 14 within a reasonable time, keep and maintain the Premises and incur all renovation expenses 15 Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations 16 hereunder shall be of an equivalent quality to those initially installed within the Premises. When 17 at all possible, new materials shall be used for all maintenance and repair. All repair and 18 maintenance work shall be done in accordance with the then existing federal, state, and local 19 laws, regulations and ordinances pertaining thereto, which includes permit requirements. Copies 20 of all permits must be provided to the Landlord, immediately upon issuance. Except as 21 otherwise provided in Sections 12 and 13 below, Landlord shall have no obligation whatsoever 22 with respect to the maintenance and repair of the Premises. 23 24 Section 8. Environmental. Tenant shall not cause or permit any Hazardous Material 25 to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, 26 contractors or invitees, other than such Hazardous Materials as may be necessary or useful to 27 Tenant's business and will be used, kept and stored in a manner that complies with all laws 28 regulating any such Hazardous Material so brought upon' or used or kept in or about the 29 Premises. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic 30 substance, material or waste which is or becomes regulated by any local governmental authority, 31 the State of Florida, or the United States. Tenant is responsible for the costs of any 32 environmental testing or remediation work undertaken for this property. 33 34 Section 9. Indemnity and Insurance. In addition to the insurance coverage provided, 35 the Tenant shall hold the City, including its officials, employees and representatives, harmless 36 and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs, 37 expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or 38 damage to or loss of property, arising from the negligent acts, actions, omissions or failures to II 39 act which are not protected under Federal law or the Florida Volunteer Protection Act. Except 40 where any loss, cost, injury or damage is the. result of Landlord's sole fault or gross negligence, 41 Landlord shall have no liability for any loss, cost, injury or damage to the Premises, to Tenant or 42 Tenant's employees, agents,, licensees, invitees or guests or to any property of such persons. 43 44 At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force 45 and effect, at all times during the lease term and any extension thereof, the following 46 insurance with respect to the Premises: 2of10 srs+. N 7 -717r' , 1 2 (a) comprehensive public liability insurance having limits of not less than 3 $ , for bodily injury or death to one person $ for bodily 4 injuries or death arising out of one occurrence; 5 6 (b) $ for property damage; 7 8 (c) ; $ for automobile liability insurance, and 9 10 (d) $ for worker's compensation insurance. 11 12 [Note, this section is being reviewed by insurance consuLantl 13 14 Each insurance policy furnished under this Section 9 shall be issued by a responsible insurance 15 company acceptable to Landlord. Landlord must be given at least 10 days to review and accept 16 the proposed insurance company in writing. The insurance company shall be authorized to do 17 business in Florida, and the insurance coverage may be written under a blanket policy or policies 18 obtained by Tenant, which policy or policies may include other real estate owned or leased by 19 Tenant. Landlord shall be named as insured party in each such insurance;, policy, and each policy 20 shall provide for written notice to Landlord at least 10 days prior to any cancellation, 21 modification, or lapse thereof Tenant shall 1 furnish Landlord with memorandum copies of such 22 insurance policies prior to the commencement of the lease term. 23 24 Section 10. Alterations and Improvements. Tenant shall have the right to make, at no 25 expense to Landlord, improvements, alterations, or additions (hereinafter collectively referred to 26 as "Alteration ") to the Premises, whether structural or nonstructural, interior or exterior, 27 provided that: (a) no Alteration shall be made without the prior written consent of ` Landlord, 28 which consent shall not be unreasonably 'withheld; (b) no Alteration shall reduce or otherwise 29 impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first 30 obtained and paid for all required` permits and authorizations of all governmental authorities 31 having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good 2 workmanlike manner and in compliance with all laws ordinances regulations, codes, and 3 wo p � � 33 permits; (e) Tenant shall hold Landlord harmless from and against any liens and claims for work, 34 labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any 35 such liens or claims shall be filed for work, labor or materials supplied to the Premises at the 36 direction of Tenant. Tenant shall, at Landlord's option, either escrow an amount equal to the 37 amount of the lien or claim being filed, or obtain a bond for the protection of Landlord in an 38 amount not less than the amount of the lien or claim being filed; and (f) any Alteration shall 39 become and remain the property of Landlord unless Landlord otherwise agrees in writing. 40 41 Section 11. Sighs. Tenant shall have the right to install and operate, at its sole cost 42 and expense, any sign or signs on the Premises which shall not be in violation of any law, statute 43 or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must 44 repair any damage to the Premises caused by such removal. 45 3of10 1 Section 12. Damage to Premises. If by fire or other casualty the Premises _ are 2 destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises 3 (meaning such destruction cannot be repaired or restored within 120 days of the occurrence of 4 the fire or other casualty), Landlord may elect to: (a) cause the restoration of the Premises to 5 substantially the same condition as existed before such damage or destruction; or (b) cancel this 6 Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30 7 days thereafter. 'Should Landlord elect to proceed under (a) Tenant shall fully cooperate with 8 Landlord in making available to Landlord for the purpose of so restoring the Premises all 9 insurance proceeds payable under Section 9 as a result of fire or other casualty damage to the 10 Premises. 11 12 Section 13. Condemnation. If all or materially all of the Premises are taken in 13 appropriation proceedings or by right of eminent domain or by the threat of the same, then this 14 Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's 15 obligations under this Lease, except obligations for rent and other charges herein to be paid by 16 Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the 17 Premises" 'shall be considered as having been taken if the portion of the Premises taken, due 18 either to the area so taken or the location of the portion taken, would leave the remaining portion 19 not so taken insufficient to enable Tenant to effectively operate a charitable health care clinic on 20 the Premises. 21 22 If less than materially all the Premises are taken in appropriation proceedings or by right 23 of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such 24 taking, but Landlord shall promptly repair and restore the Premises to substantially the same 25 condition as existed immediately before' such taking. Damages awarded for any such taking 26 shall belong to and be the property of Landlord, whether such damages shall be awarded as 27 compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise, 28 provided, however, that Tenant shall be entitled to any portion of the award made to Tenant for 29 removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if 30 any. 31 32 Section 14. Default. If Tenant fails to observe ` and perform any other, provision, 33 covenant, or condition of this Lease required under this Lease to be observed and performed by 34 Tenant within 30 days after Landlord shall have given notice to Tenant of the failure of Tenant to 35 observe and perform the same, or if Tenant 'abandons or vacates the Premises 'during the 36 continuance of this Lease, or if Tenant makes any assignment, including an assignment for the 37 benefit of creditors, or enters into a composition' agreement with its creditors, or if the interest of 38 Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is 39 assigned in violation of the terms hereof or is terminated by operation of law, then, in any such 40 event, immediately or at any time thereafter, at the option of Landlord, Landlord may terminate 41 this Lease. 42 43 44 Section 15. Bankruptcy. In the event that a bankruptcy or insolvency proceeding is filed 45 by or against Tenant, or if a court of competent jurisdiction or other governmental authority 46 approves a petition seeking a reorganization, arrangement, composition of other similar relief 4of10 1 with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant, or of all, or 2 substantially all, of Tenant's property or affairs, or assumes custody or control of all, or 3 substantially all, of the property or affairs of Tenant, Landlord shall have the right to terminate 4 this Lease.' 5 6 Section 16. Non - Waiver and Right to Cure Defaults. Neither a failure by Landlord to 7 exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon 8 any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall 9 affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or 10 to seek such remedy with respect to that default or to any prior or subsequent default. The 11 remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or 12 preclude any other rights or remedies to which Landlord is entitled, either at law or in equity. 13 14 Section 17. Termination. Any violation of the lease agreement terms, in 15 accordance with the relevant notice requirements, shall constitute grounds for termination. The 16 parties may mutually agree, in writing, to terminate the lease agreement, at any time. Neither the 17 termination of the lease pursuant to this section or section 14 shall relieve Tenant of its liabilities 18 and obligations hereunder, all of which survive any defaults. If a default shall have occurred and 19 is continuing, and whether or not this Lease shall have been terminated pursuant to this section, 20 Tenant shall upon Landlord's demand immediately assign, transfer and set over to Landlord all 21 of Tenant's right, title and interest in this agreement executed by Tenant in :connection: with 22 development and use or operation of all Properties (including, without limitation, all right, 23 title', and interest' of Tenant with respect to all warranty, performance, service and indemnity 24 provisions). 25 26 Section 18. Prohibited Activities Tenant shall only use the Leased Property for those 27 activities contemplated by this Agreement. Tenant represents and warrants that it will not use 28 the Premises for any unlawful purpose and shall comply with all laws and permitting 29 requirements applicable now, or in the future, to the operation of the Premises. Tenant shall not 30 permit any offensive, or dangerous: activity, nor any nuisance or other conduct in violation of the 31 public policy of the City, county or state on the approved premises. 32 �Y b 33 Section 19. En ..Landlord. Landlord shall. have the right to enter . upon the Premises I' v 34 at all reasonable' times for the purpose of inspecting the same, and during the last year of the 35 lease term, or any renewal or extension thereof, Landlord may exhibit the same for sale -e 'rent; 36 ' provided, however, that Landlord' shall not unreasonably interfere with Tenant's use of the 37 Premises. ` No such entry shall be deemed an eviction of the Tenant. 38 39 Section 20. Assignment, Subletting, and Subleases. Tenant shall not assign, sublet, I 40 sublease, mortgage, pledge, nor encumber this lease, or any of its rights obligations hereunder, in 41 whole or in part,' without the prior written approval of the Landlord, which maybe granted upon 42 the sole discretion of the Landlord. 43 44 Section 21. Time. Time is of the essence in the performance and observance of each 45 and every, term,' covenant and condition of this Lease by both Landlord and Tenant. All notice 46 requirements shall be calculated based upon calendar days. i 1 2 Section 22. Notices . Any notice, communication, request or other document or 3 demand required or desired to be given to Landlord or Tenant shall be in writing and shall be 4 deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited 5 in the United States mail, first- class, postage prepaid, addressed to Tenant at its address set forth 6 below. Either party may, from time to time, change the address at which such written notices, 7 exercised of options or elections, communications, requests, or other documents or demands are 8 to be mailed, by giving the other party written notice of such changed address. 9 10 11 12 13 IF TO CITY OF SOUTH MIAMI:' IF TO TENANT: 14 15 The City of South Miami 16 6130 Sunset Drive 17 South Miami, Florida 33143 18 19 Section 23. Governing Law. This Lease shall be subject to and governed by the laws 20 of the State of Florida even though one or more of the parties may be or may become a resident 21 of a different state. Proper venue is in Miami -Dade County. The prevailing party is entitled to 22 reasonable attorney's fees and costs. 23 24 Section 24. Amendments. No amendment to this Lease shall be valid or binding 25 unless such amendment is in writing, agreed, and executed by the parties hereto.' 26 27 Section 25. Captions. The captions of the several sections of the Lease are not a part 28 of the context hereof and shall be ignored in construing this Lease. They are intended only as 29 aids in locating and reading the various provisions hereof. 30 31 Section 26. Severability of Provisions. The invalidity or unenforceability of any 32 particular provision of this Lease shall not affect the other provisions hereof and this Lease shall 33 be construed in all respect as if such invalid or unenforceable provision were omitted. 34 35 Section 27. Construction of this Lease. The parties agree that this Lease Agreement 36 is a product of all of their efforts, that it expresses their mutual understandings, and that it should 37 not be interpreted in favor of either party or against either of them. 38 39 Section 28. Approval of Landlord. Nothing in this Agreement, shall be construed to 40 waive or limit the City's governmental authority as a municipal corporation and political 41 subdivision of the State of Florida. Where approval or consent of Landlord is required under this 42 Agreement, such consent or approval shall be deemed to refer to the City's consent of approval 43 as a property owner, and such consent of approval shall be contractual in nature and shall not be 44 in lieu of any required governmental approval of the City. 45 6of10 I Section 29. Holdover. If a Default 'shall have occurred and is continuing, 2 notwithstanding whether the lease is terminated, pursuant to section 14 and 18, Tenant shall, 3 upon 30 days written notice, surrender to Landlord possession of the premises. Landlord may 4 enter upon and repossess the premises by such means as are available at law or in equity, and 5 may remove Tenant and all other personal property, which includes Tenant's equipment and 6 personalty, alterations and/or modifications. Landlord shall have no liability by reason of such 7 entry, repossession or removal that is performed in accordance with applicable laws. Upon 8 Landlord's written demand, Tenant shall return the premises immediately to Landlord, in the 9 manner and condition required by, and in accordance with this lease. In addition, if Tenant does 10 not relinquish possession of the property, the Landlord is entitled to seek an injunction before the 11 appropriate court to obtain all costs Landlord has occurred due the holdover, to be immediately 12 paid to the Landlord by the Tenant'and require the Tenant to immediately exit the premises. 13 14 Section 30. Force Mgjeure. Neither party shall have any liability to the other 15 hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or 16 failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, 17 unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national 18 emergency, act of Government, act of public enemy, or other cause of similar or dissimilar 19 nature beyond its control. 20 21 Section 31. Additional Reporting Requirements. Upon the Landlord's reasonable 22 request, the Tenant will deliver, or will cause to be delivered to the Landlord: 23 24 (i) documents relevant to the financial condition or and, to the extent permitted by 25 Federal law, detailed reports regarding the charitable health care services 26 provided to the community. 27 28 Section 32. Non- Discriminatory Practices. In the operation of the charitable 29 health care clinic, Tenant shall not discriminate in any manner based upon race, color, creed, 30 religion, ancestry, national origin, gender, age, physical/mental handicap or in any other manner. 31 32 Section 33. Warranty of Authority. The signatories to this Agreement warrant that they 33 are duly authorized by action of their respective City commission, board of directors or other 34 authority to execute this Agreement and to bind the parties to the promises, terms, conditions and 35 warranties contained in this Agreement. 36 37 38 39 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement as 40 of the date first set forth above. 41 42 Signed and acknowledged LANDLORD: 43 44 Attest For the City: 45 1 7 of 10 W 717 1 2 CITY CLERK CITY MANAGER 3 4 5 South Miami Pediatric Clinic, Inc., a Florida 6- not- for - profit corporation 8 9 By: 10 President 8of10 .,.-„ 1 2 3 STATE OF FLORIDA' ) 4 )SS: 5 COUNTY OF MIAMI -DADS ) 6 7 SWORN TO (or affirmed) and subscribed before me by ( )who 8 is personally known to me, or ( ) who produced as 9 identification, this day of 52006. 10 11 12 Notary Public 13 My Commission Expires: Print Name: 14 15 16 STATE OF FLORIDA 17 )SS: 18 COUNTY OF MIAMI -DADS 19 20 21 SWORN TO (or affirmed) and subscribed before me by , as 22 President of South Miami Pediatric Clinic, Inc., a Florida not- for - profit corporation, who is 23 personally known to me, or who produced as identification, 24 this day of 92006. 25 26 27 28 29 Notary Public 30 Print Name: 31 My Commission Expires: 9of10 ,I \ \� ! �ƒ wr . ±2»w±y 91%# AS \ \� ! �ƒ wr