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2000-24149 RESO RESOLUTION NO. 2000-24149. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF A GRANT TO THE CITY UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY PROVIDING FOR A LINCOLN ROAD COMMUNITY POLICING ENHANCEMENT PROGRAM; APPROPRIATING $61,881 IN GRANT FUNDS; AND AUTHORIZING THE EXPENDITURE OF SAID GRANT FUNDS. WHEREAS, the City has been awarded grant funding under the Drug Control and System Improvement Program for Fiscal Year 20001200 I, with funding being administered by Miami- Dade County; and WHEREAS, this grant will continue the funding Lincoln Road Community Policing Enhancement Program, which will pay for two additional police officers on Friday and Saturday nights, a sergeant for four hours a month, and repairs and maintance for the bicycles they patrol with; and WHEREAS, the City has received total grant funding, in the amount of $46,41 I, with the City providing a cash match, in the amount of $15,470, which will be derived from the Police Confiscations Account. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the award of a grant to the City under the Drug Control and System Improvement Program and authorize the Mayor and the City Clerk to execute a Cooperative Agreement between the City and Miami-Dade County, providing for a Lincoln Road Community Policing Enhancement Program; appropriating $61 ,881 in grant funds; and authorize the expenditure of said grant funds. PASSED and ADOPTED this ~day of November ,2000. 'IJ1J MAYOR ATTE~t f~ cr&CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:IPOLIITECHSERV\POLICIESICOM _ RESOlbyme grant 2000.res.wpd ~~ N/;{)IJ() Dale CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~31-00 TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: November 8, 2000 FROM: Jorge M. Gonzalez \. .~ City Manager 0"'- 0 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN mE CITY AND MIAMI-DADE COUNTY PROVIDING FOR A LINCOLN ROAD COMMUNITY POLICING ENHANCEMENT PROGRAM; APPROPRIATING $61,881 IN GRANT FUNDS, AND AUTHORIZING THE EXPENDITURE OF SAID GRANT FUNDS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City has received Grant funding for fiscal year 2000-200 I, under the Drug Control and System Improvement Program administered by Miami-Dade County. The City has been awarded $46,411 in grant funds to continue the Lincoln Road Community Policing Enhancement Program created by this grant funding in 1999. The City will match this amount with $15,470 derived from the Police Confiscations Account for a total program cost of $61,881. The funds will be used to pay for overtime to deploy two police officers for seven hours each on Friday and Saturday nights for a total of cost of $59,259, overtime to deploy one sergeant for four (4) hours a month for a total cost of $1,954, and $668 for bicycle maintenance and repairs. The grant will become effective on October 1,2000 and end on September 30, 2001. The redevelopment of Lincoln Road has been very successful. More and more tourists and visitors to Miami Beach are going to Lincoln Road. The opening of the new 18 screen movie complex has increased the number of visitors to Lincoln Road dramatically. Lincoln Road presents a unique challenge to the Police Department. Traditional methods of policing aren't effective, as police officers cannot drive a police vehicle on Lincoln Road. As an important part of the Police Department's Community Policing initiatives, police officers patrol on foot, bicycles and even roller blades on Lincoln Road. AGENDA ITEM q r DATE (t -~~OO COMMISSION MEMORANDUM OCTOBER 18, 2000 PAGE 2 This program will continue to deploy two police officers, on overtime, on bicycles, on Lincoln Road on Friday and Saturday nights. Actual hours of deployment will vary according to needs and circumstances as they arise. The Administration recommends that the Mayor and City Commission adopt this resolution to provide enhanced community policing to the Lincoln Road area. JMG:RB:DD:PS:MMS * d-- F:\POLIITECHSER VlPOLIClESICOM _ MEMOlbyme grant 2000.mem. wpd ~ ,-., MIAMI-DADE COUNTY AGREEMENT This Agreement, made and entered into this :3 A.j) day of ~'" 200d, by and between Miami-Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY", through its DEPARTMENT OF HUMAN SERVICES and the CITY OF MIAMI BEACH located in Miami-Dade County, Florida hereinafter referred to as the "PROVIDER", provides the terms and conditions pursuant to which the PROVIDER shall provide a COMMUNITY POLICING PROGRAM. WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the PROVIDER to carry out on behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement; and WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance to Miami-Dade County and being duly executed by both parties, whichever is later; and WHEREAS, the COUNTY is desirous of supporting an expansion of the services provided by the COMMUNITY POLICING PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY POLICING PROGRAM; and WHEREAS, the COUNTY as contractor/grantee for the State of Florida is authorized to purchase said services for COMMUNITY POLICING PROGRAM as an allowable activity under the ACT; and WHEREAS, the COUNTY requires the above-mentioned services from the PROVIDER in order to fulfill its contractual obligations under the aforementioned grant; and NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto intending to be legally bound, agree as follows: I. SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. II. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2000 through September 30, 2001. Page 1 of13 f"' " "'" '. III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of State funds, the maximum amount payable under this Agreement shall not exceed $46,411 . The breakdown of this amount by budget category is included in the budget schedule found in Attachment B of this Agreement. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. IV. CASH MATCH REOUlREMENT. The PROVIDER shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the COUNTY, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THEDRUGCONTROLANDSYSTEMIMPROVEMENTPROG~ A. ReQuirements of the Anti-Drug Abuse Act. The PROVIDER agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the document entitled, "State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Application for Anti-Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting. The PROVIDER agrees that funds received under this Agreement shall be utilized to supplement, not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti-drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. PROVIDER agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. PROVIDER shall designate a contract coordinator who shall be responsible for 1) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. Any PROVIDER shall indemnify and hold hannless the COUNTY and its officers, employees, agents and instrumentality's from any and all liability , losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentality's may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the PROVIDER or its employees, agents, servants, partners, principals or subcontractors. PROVIDER shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable including appellate proceedings, Page 2 of 13 ~ .' ~ '. and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the PROVIDER shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $1 00,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the PROVIDER arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the PROVIDER. IX. INSURANCE. If PROVIDER is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification ofliability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The PROVIDER shall ensure that all other licensed professionals providing COMMUNITY POLICING PROGRAM services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for hisfher profession. Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person under the employ of the PROVIDER, who exercises any fimction or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. The PROVIDER agrees to abide by and be governed by the Dade County Conflict of Interest and Code of Ethics Ordinance codified at 2-11.1 et. seq. of the Code of Miami-Dade County as amended, which is incorporated by reference as it fully set forth herein, in connection with its contract obligations hereunder. XII. CIVIL RIGHTS. The PROVIDER agrees to abide by Chapter I1A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 V.S.C. as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 V.S.C. Sect. 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42, V.S.C. Sect 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement It is further understood that the PROVIDER must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 V.S.C. Sect. 1612, and Page 3 of \3 r "'""\ the Fair Housing Act, 42 V.S.C. Sect. 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the PROVIDER, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the PROVIDER. Any contract entered into based upon a false affidavit shall be voidable by the County. If the PROVIDER violates any of the Acts during the term of any contract the PROVIDER has with the County, such contract shall be voidable by the County, even if the PROVIDER was not in violation at the time it submitted its affidavit. Furthermore, the PROVIDER shall comply with the provisions of the Domestic Leave Ordinance, Ordinance 99-5, codified at 11A-60 of the Miami-Dade County Code. XIII. NOTICES. Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: Ifto the COUNTY: Miami-Dade County Department of Human Services 111 NW 1st Street, Suite 2210 Miami, Florida 33128 Attention: Mr. Richard W. Harris, Jr. If to the PROVIDER: Miami Beach Police Department 1100 Washington Avenue Miami Beach, FL 33139 Attention: Lieutenant Lynda Veski XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not agents or employees of the COUNTY. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the PROVIDER shall have occurred under this Agreement if the PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein. B. COUNTY Remedies. If the PROVIDER breaches this Agreement, the COUNTY may pursue any or all of the following remedies: 1. The COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) days prior written notice to the PROVIDER of such intent to terminate or reduce services. In the event of termination, the Page 4 of13 '" ~ '. County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the provider with the County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect cost associated with such termination, including attorney's fees; 2. The COUNTY may suspend payment in whole or in part under this Agreement by providing written notice to the PROVIDER of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the COUNTY may also suspend any payments in whole or in part under any other contracts entered into between the COUNTY and the PROVIDER. The PROVIDER shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. If, for any reason, the PROVIDER should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The COUNTY may terminate or cancel any other contracts which such entity has with the county. Such entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. 4. If PROVIDER fails to meet the terms and conditions of any obligations or repayment schedule with the COUNTY, such failure shall constitute a default of this agreement and maybe cause for suspension, termination or debarment. 5. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Agreement on behalf of the County . D. Damages Sustained. Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement, and the COUNTY may withhold any payments to the PROVIDER until such time as the exact amount of damages due the COUNTY is determined and properly settled. The PROVIDER shall be responsible for all direct and indirect costs including attorney's fees, associated with any legal or equitable remedies the COUNTY may wish to pursue. Page 5 of 13 (' ~ ". XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The PROVIDER agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any line approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S Y ear- To-Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the COUNTY. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the COUNTY will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the PROVIDER for services rendered under this Agreement based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Agreement and the PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15,2001. D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIII. E. The COUNTY agrees to review invoices and to inform the PROVIDER of any questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department. F. No pavment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. Page 6 of 13 ---~.~~._...I"'.-J -- ~. """1 XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition ofPropertv. The PROVIDER is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the PROVIDER organization, will be considered an wmecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the PROVIDER organization can meet identified needs. While there is no prescribed standard for such review, the PROVIDER procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER organization. The establishment of a screening committee may facilitate the process; however, the PROVIDER may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the PROVIDER's organization. The COUNTY must ensure that the screening referenced above takes place and that the PROVIDER has an effective system for property management. The PROVIDER is hereby informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damage or Theft of Equipment. The PROVIDER is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The PROVIDER procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of COUNTY participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the PROVIDER is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. Page 7 of!3 .' ,;-.. ,.-, F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period 00 years from the date of the disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The PROVIDER shal1 keep records of program services in sufficient detail to provide any reports which may be requested by the COUNTY. A. Records. Al1 program records wil1 be retained by the PROVIDER for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for the COMMUNITY POLICING PROGRAM services must reflect: 1. 2. 3. The names of staff providing services as described in Attachment A. The dates and number of hours the staff provided services. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A The records of all other program services provided under this Agreement. 4. B. Reporting Requirements. As to required reports, the PROVIDER shall: 1. Ouarterlv Proiect Performance Report and Invoice. Submit Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15,2001 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shal1 be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The PROVIDER shal1 submit other reports as may be required by the Department of Human Services during the program year. C. Changes to Reporting Requirements. The PROVIDER understands that the COUNTY may at any time require changes in data col1ected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. Make available for review, inspection, monitoring or audit by the COUNTY without notice during normal business hours all financial records and other program records and doc"uments which relate to or have been produced or created as a result of this Agreement. The PROVIDER shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the COUNTY to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector Page 8 of 13 , (' ~ General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami-Dade County has established the Office of the Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally 1/4 of 1% of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the PROVIDER, its officers, agents and employees, lobbyist, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the PROVIDER from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records the PROVIDER'S possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provision in this section shall apply to the PROVIDER, its officers, agents, employees, subcontractors and suppliers. The PROVIDER shall incorporate the provisions in this section in all subcontract and all other agreements executed by the PROVIDER in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the COUNTY to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the COUNTY by the PROVIDER or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami-Dade County Administrative Ordinance 3-20, the PROVIDER is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereafter "IPSIG"), Page 9 of 13 .' r- .-.. whenever the county deems it appropriate. Upon written notice from the COUNTY, the PROVIDER shall make available to the IPSIG retained by the county, all requested records and documentation pertaining to this agreement for inspection and copying. The COUNTY shall be responsible for the payment of these IPSIG services, and under no circumstances shall the provider's budget and any changes there to approved by the COUNTY, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the PROVIDER, its officers, agents, employees, subconsultants 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 PROVIDER in connection with this agreement. The terms of this Section shall not impose any liability on the COUNTY by the PROVIDER or any third party. G. Evaluation Studies. PROVIDER agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Housing and Community Development, Bureau of Community Assistance. This participation shall at a minimum include access to PROVIDER's premises and records. xx. PROIDBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The PROVIDER shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. The PROVIDER shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commingling Funds. The PROVIDER shall not commingle funds provided under this Agreement with funds received from any other funding sources. XXI. MISCELLANEOUS. A. Agreement. This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the PROVIDER regarding the provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the PROVIDER and the COUNTY unless specifically stated herein. B. Amendments. Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Manager. Provided, however, that the COUNTY may effect amendments to this Agreement without the written consent of the PROVIDER, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of county, state and federal governments. Page 10 of 13 ,-... '" Any alterations, variations, amendments, or other modifications of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Agreement between the parties. The County Manager is authorized to make amendments to this Agreement as described herein on behalf of the COUNTY. C. Reports. All reports, information documents, tapes and recordings, maps and other data and procedures, developed, prepared, assembled or completed by the PROVIDER in connection with the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this Agreement shall become the property of the COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. D. Agreement Guidelines. The Provider agrees to comply with all applicable federal state and county laws, rules and regulations, which are incorporated herein by reference as set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. E. Publicitv. It is understood and agreed between the parties hereto that this PROVIDER is funded by Miami-Dade County. Further, by acceptance of these funds, the PROVIDER agrees that events and printed documents funded by this Agreement shall recognize the funding source as follows: This program was supported by a grant awarded to Miami-Dade County Department of Human Services, State of Florida Department of Law Enforcement and the U.S. Department of Justice, Bureau of Justice Assistance (BlA). F. Sub-Contracts. The Provider agrees not to enter into sub-contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written approval of the COUNTY and that all sub-contractors or assignees shall be governed by the terms and conditions of this Agreement. If this Agreement involves the expenditure of $100,000 or more by the COUNTY and the PROVIDER intends to use sub-contractors to provide the services listed int he Scope of Services (Attachment A) or suppliers to supply the materials, the PROVIDER shall provide the names of the sub-contractors and suppliers on the form attached as Attachment E. PROVIDER agrees that it will not change or substitute sub-contractors or suppliers from those listed in Attachment E without prior written approval of the COUNTY. Page 11 of 13 /"""'. .~ G. Heading, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used in herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context reqwres. H. Total of Agreement/Severability of Provisions. The thirteen (13) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment D. Attachment E. Agreement Program Review (Scope of Services) Agreement Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Miami-Dade County Subcontractors Affidavits No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby such remainder would then continue to conform to the terms and requirement of applicable law. Page 12 of 13 {"\ '" IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers, the day and year first above written. Si_~ Mayor Title Neisen Kasdin Name (typed) APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION ~~ /t/lz//1O 0aIe ATTEST: By:~f f~ Robert Parcher, City Clerk By: (Corporate Seal) ATTEST: MIAMI-DADE COUNTY, FLORIDA By Du~ 0.0 I~. ... .$'- ~r:;~ '0\ .-.+- ~ . ; '. c~ J Ir!: \0 .,,", _ _ ." ~ t ....,~';I .. -.."'*. ---' Page 13 of 13 ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E f'. " """'I SUMMARY OF ATTACHMENTS Agreement Program Narrative - Scope of Service Agreement Budget - Program Budget Quarterly Program Performance Report and Invoice Miami-Dade County Affidavits Miami-Dade County Subcontractors Affidavits I""' ~ '. ATTACHMENT A Agreement Program Narrative - Scope of Service r- ~ PROGRAM NARRATIVE Jurisdiction Name: MIAMI BEACH Police Department Contact Person: Lt. Lynda Veski Address: 1100 Washington Avenue, Miami Beach, FL 33139 673-7933 PH -- 673-7867 FX Program Area: COMMUNITY POLICING Program Dates: 10/1/00 -. 09/30/01 Program Name: Lincoln Rd Bicycle Enhancement Program Target Population: City Residents and Visitors Problem Identification Lincoln Rd on Miami Beach is an outdoor pedestrian Mall that expands approximately seven blocks in length. Through city efforts, this road has gone from a virtual ghost town to now having numerous restaurants, shops, theaters and art galleries along both sides of Lincoln Rd.. It is gaining national reputation and is an attractive spot for residents and tourist the like. In addition, the scheduled opening of a new 18 screen movie complex will have a significant impact on Lincoln Rd. and the surrounding neighborhood, definitely increasing the flow of traffic by several thousand persons every weekend. Although the Miami Beach police Department's Bike Patrol Unit has an established presence on Lincoln Rd., they are under increasing pressure for residents and business owners to provide additional police presence. Pr02ram Description The Miami Beach Police Department has an existing Bike Patrol Unit that patrols Lincoln Rd. and surrounding areas. Officers work during the morning and afternoon hours, walking riding and in some cases roller blading. Several officers are assigned to the Lincoln Rd. beat whose main philosophy is to establish police/public interactions with city residents and business merchants. These officers work closely with the Lincoln Rd. business Association, the city sanitation department and Code Enforcement to improve the quality of life in this popular Miami Beach area. Bike Patrol officers are responsible for all service calls and each is given a pager that allow business owners to call them when necessary. The Miami Beach Police Department would like to expand their Bike Patrol Unit on Lincoln Rd. to respond to the increase of pedestrians and the impact of the new 18 screen movie complex. They will expand their patrol hours to include nights. Two of the existing Bike Patrol officers will work two nights a week which will add continuity of their services. Because the current unit does not have adequate enough bikes for the number of officers, grant funds will be used to support the additional work hours of two officers and for the purchase three bikes for the patrol unit. Year One Accomplishments! Unmet Needs (1999-2000) The increase in the police presence on Lincoln Road has been received well by local business owners. There has been a significant reduction in crime as reported by the department along with an improved relationship with business owners. Business owners have also began to take a proactive approach to dealing with issues that concern there businesses. The Lincoln Road Mercantile Assoc. meets monthly to discuss strategies on making their community safer. In the second year of programming, Miami Beach's Bike Patrol Unit will participate in the monthly business association meetings to assist in the planning for their business districts. They will deal with issues such as trying to promote the new mall on Lincoln Road and address parking and security concerns. Grant funds will be used to support additional overtime for the officers on Lincoln Rd. and to purchase an electric car that is now the newest way of patrolling small areas such as the beach. r'- .-" Contac.. erson: Lt. Lynda Veski Jurisdiction Name: MIAMI BEACH Police Department Address: 1100 Washington Avenue, Miami Beach, FL 33139 673-7933 PH -- 673-7867 FX Program Area: COMMUNITY POLICING Program Dates: 10/1100 -- 09/30/01 Program Name: Lincoln Rd Bicycle Enhancement Program Target Population: City Residents and Visitors Proposed Activities Planned Measures Monitoring Plan 4.B.02. To enhance/expand 2 Officers to work additional Copies of invoices for materials Bike Patrol services to Lincoln (overtime) hours in the evenings purchased. rd. during the grant period on Lincoln Rd. Copies of Payroll records and 4.B04. To hold 10 meetings 1 Officer to participate in overtime slips with community leaders for the monthly business association purpose of identifying problems. meetings. Program Plan and Activity Schedule. Meeting announcements, attendance records, etc. Participant list and meeting attendance records Lt. Lynda Veski, MBPD Richard W. Harris, Jr. DHS . . ATTACHMENT B Agreement Budget - Program Budget <;;l c.::::. . PROGRAM BUDGET lurisdiction Name: MIAMI BEACH Program Area: COMMUNITY POLICING Program Name: BICYCLE ENHANCEMENT PROGRAM Target Population: Residents and Visitors of Miami Beach Salaries and Benefits. Total 2 Police Officers X 14 hours per week X 52 weeks X $40.70 (Overtime) I Sergeant X 4 hours per month X 12 months X $40.70 (Overtime) Contractual Services, Total Expenses, Total Bike maintenance and repair <J Total Budget Dade County will reimburse ao amount not to exceed: The 25';' CASH MATCH for this grant is: The source of the CASH MATCH is: Law Enforcement Trust Fund, City of Miami Beach C:::l 09/12/00, Mb$01.wk4 S46,411 SI5,470 . Contact Person: LI. Lynda Veski (305) 673-7933 exl. 5385 PH -- (305) 673-7864 FX Program Dates: 1011/00 - 9/30/01 $59,259 $1,954 S61,213 so $668 668 S61,881 . . ATTACHMENT C Quarterly Program Performance Report and Invoice '. c . . Quarterly Project Performance Report Drug Control and System Improvemenl Formula Grant Program COMMUNITY POLICING PROJECT PURPOSE AREA 4B (Jurisdiction Name) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE CONTRACT ID NUMBER: 2001-CJ-D8-11-23-01-041 <J I. January I - March 31 April I - June 30 July I - September 30 October I - December 31 April 15 July 15 October 15 January 15 .For example, if your project began in October, this is Report Number I. ~ NOTE: All jurisdictions must complete Sections 1 through 5. Section 6 must be completed following each jurisdiction's noted instructions. PROJECT NARRATIVE must be completed by a1t'::fisdictions following this section's instructions. Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being "Out of Compliance" and their Reimbursement Request will be delayed. Miami Dade Department of Human Services Form Revised 9/99 . . 4B.Ol Coral Gables, Hialeab, Hialeah Gardens, Homestead, Miami, Sweetwater, West Miami, Miami Dade PAL I) During this reporting period, how many commuity service events, including neighborhood clean ups were conducted? (list the type and/or setting of the event) 4B.02 Biscayne Park, Hialeah Gardens, Homestead, Miami Beach, Miami iprings, North Bay Village, Pinecrest, Sunny Isles 2) During this reporting period, were Bicycle Patrols conducted? a. No. of officers b. No. of hours 4B.03 Golden Beach, Miami Springs, Sunny Isles, Virgina Gardens 3) During this reporting period, how many alternative drug free events were conducted? (List the names of these events) <:i1 4B.04 Miami, Miami Beach 4) During this reporting period, how many meetings with community leaders for the purpose of identifying neighborhood problems 4B.05 EI Portal, Hialeah, Key Biscayne, Miami, North Bay Village, Norht Miami Beach, Opa Locka, Sweetwater, Miami-Dade (All Projects) 5) During this reporting period, how many crime prevention education classes were presented? (list names of the groups 10 which these presentations were made) <:.::. 4B.06 Hialeah, Miami Shores, Miami-Dade TAP 6) During this reporting period, how many individuals were provided crisis intervention or counseling services? 4B.07 Coral Gables, Sweetwater 7) Did the project create or expand one or more community or neighborhood recreation center programs? '. . . a. Did the center activities include arts and crafts? b. Did the center activities include music activities? c. Did the center aClivities include drama and theater aClivities? d. Did the center activities include academic tutoring? e. Did the cenler activities include table games? f. Did the center activities include drug awareness and prevention education? _ g. Did the center activities include sports? (list sporting activities) 4B.08 Hialeah Gardens, South Miami, Surfs ide 8) During this reporting period, how many security surveys were conducted? 4B.09 Hialeah Gardens, Homestead, Miami Shores, South Miami, Sunny Isles, Surfside, West Miami 9) During this reporting period how many neighborhood watch meetings were conducted? 48.10 Miami-Dade Burglary Prevention 10) During this reporting period, how many households were provided with Operation ID services? <J Project Narrative (Please include a brief narrative detailing your progress in meeting your program objectives.) (::> . . Miami-Dade County Community Policing Resolution R-540-00 Grant HSB421 QINVCP Revised 06/12/00 QUARTERLY PROJEcr PERFORMANCE REPORT & INVOICE [To Be Typed on Jurisdiction's Letterhead] City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I - December 31 January I - March 3 I April 1 - June 30 July I - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 I. Total Federal Budget $ 2. Amount This Invoice $ (75%) 3. Amount Previous Invoices $ 4. Remaining Balance $ (SubtrKtLina. 2 It. ) rromLine 1) Budget Line'fi.ln Exceeds Federal Local Total Categories Disallowed Budget Funds Match Funds (75%) (25%) (100%) 1. Salaries & Benefits 2. Other Personnel Services (Temporary Employees/Contractual) 3. Expenses 4. Total Claim Costs We request payment in accordance with our contract agreement in the amount of75% of Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local cash match requirement. Attached please find the recon;:;:Which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received for which reimbursement is requested. Respectfully submitted, Payment Approved, Miami-Dade County Chief of Police/Other City Official . . Miami-Dade County Community Policing Resolution R-540-00 Grant HSB421 Page 2 of3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll Expenses City: Dale of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I . December 31 January I - March 31 April I - June 30 July I - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 Officer/Staff Name Date of Activity Type of Activity" Total Hours .(Presentation, Parent Meeting, Field Trip, ctc.) TOTAL HOURS AT$ PER HOUR ~ $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE OFFICER/STAFF SOCIAL SECURITY # CHIEF OF POLICE/CITY OFFICIAL SIGNATURE I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: School Principal's Signature ~: Bookkeeping report documenting payroll expenses must be attached to process payment. . . Miami-Dade County Community Policing Resolution R-540-00 Grant HSB42 I Page3 of 3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE (Equipment, Supplies, Material Expenses) City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I - December 3 I January I - March 31 April I - June 30 July 1 - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 Vendor Item Description Date Paid Check No. Amount <J c::::> TOTAL AMOUNT EXPENSES NOTE: Copies o~ all invoices and checks for this request must be attached to process payment. '. , . . ATTACHMENT D Miami-Dade County Affidavits . . ATTACHMENT E Miami-Dade County Subcontractors Affidavits <;;J c:::> . . ATTACHMENT E PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Provider's Name: 1. REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with the Miami-Dade County Ordinance 97-104, the Provider submits this list of first tier subcontractors or subconsultants who wil perform any part of the Scope of Services Work. if this Agreement is for $100,000 or more. Provider must fill out this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will e used"; do not state "N! A". Name of Subcontractor or Subconsultant Citv and State No Subcontractors will be used lof2 . . ATIACHMENT E continued Provider's Name: 2. . REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider submits this list of suppliers who will supply materials for the Scope of Services to the Provider, if this Agreement is for $1000,000 or more. Proposer must fill out this information. If Provider will not use suppliers, Provider must state "No suppliers will be used", do not state "NA". Name of Supplier City and State No suppliers will be used <::J I hereby certify that the foregoing information is true, correct and complete. Signature 0 orized Representative: Title: l "'{ A-\../ C IL FirmName:tlTL-J CF- \~III1~liJ ISf'Hci-l- Date: lJ~L" l~dL ,-/, YI(( , Fed. ID No.: F59-6000372 Address: IleL c",N Vt:i\JIl 0"-' C&MtiL f) Il Telephone: (\ L r )Cn-ilf , I , City/State 10;;3: 'Iv 1 1 A1111 /:'w H. FL .:; \ (jc; Fax: ()Of if" /3 --/"2 (ll 20f2 . . ATTACHMENT E Miami-Dade County Subcontractors Affidavits <l C"~ . . ATIACHMENTD MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or othelWise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMDo, DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDlSCRIMI"ATlON AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however. pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to detennine whether or not it pertains to this contract. I, Neisen Kasdin Affiant , being flJ"St duly sworn state: The full legal name and business address of the person(s) or entity contracting or transacting business with Miami-Dade County are (post Office addresses are not acceptable): 23-09-329871-54C1 F59-6000372 Federal Employer Identification Number (If none, Social Security) City of Miami Beach Name of Entity. Individual(s), Partners, or Corporation Doing Busines.s As (if same as above, leave blank) 1700 Convention Center Drive, Street Addres.s City 4th Floor, Miami Beach, FL State 33139 Zip Code l1LA L MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) I . I f the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing infonnation shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % SltIO Page 1 of 5 lf1lA II. .N/A III. 5/00 . . 2. The full I.gal nam.s and busin.ss addr.ss of any other individual (oth.r than subcontractors, materialmen, suppliers, labor.rs, or lenders) who hav., or will hav., any inter.st (I.gal, equitable ben.ficial or oth.rwise) in the contract or busin.ss transaction with Dade County are (post Offic. addr.ss.s are not acc.ptabl.); N/A 3. Any p.rson who willfully fails to disclose the infonnation required herein, or who knowingly discloses false infonnation in this regard, shall be punish.d by a fm. of up to five hundr.d dollars ($500.00) or imprisonm.nt in the County jail for up to sixty ~60) days or both. ML-'L-"1l-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinanc. No. 90-: 33. Am.nding s.c. 2.8-1; Subs.ction (dX2) ofth. County Code). Exc:e:;r. where preclud.d by f.d.ral or State laws or regulations, .ach contract or busin.ss transaction or ren......-a1 thereof which involv.s the .xpenditur. of t.n thousand dollars ($10,000) or more shall require the ~. contracting or transacting business to disclos. the following infonnation. Th. foregoing disc,,= requirem.nts do not apply to contracts with the Unit.d Stat.s or any department or ag.ncy th=::. the Stat. or any political subdivision or ag.ncy th.r.of or any municipality of this State. I. Does your finn have a collectiv. bargaining agreem.nt with its .mploy..s? Y.s No 2. Does your fum provide paid h.alth car. ben.fits for its .mploy..s? Yes No <I 3. Provide a curr.nt breakdown (number of persons) of your fum's work fore. and own.rship as to race, national origin and g.nd.r: "'hit.; Black: :-ispanics: Mal.s Males Males Males Asian; Am.rican Indian: Aleut (Eskimo): F.mal.s F.mal.s F.mal.s F.mal.s F.mal.s F.mal.s F.mal.s F.mal.s; Mal.s Males Males Mal.s AFr_'-"HTlVE ACTIONINONDlSCRIMINATION OF EMPLOYMENT, PROMOTION AND PRC'':-. >cEMENT PRACTICES (County Ordinanc. 98-30 codified at 2-8.1.5 ofth. County Code.) In =~.iance with County Ordinanc. No. 98-30, .ntiti.s with annual gross rev.nues in .xc.ss of $5.CtX..OOO seeking to contract with the County shall, as a condition ofrec.iving a County contract, hav.: i) a -..-:-men affumative action plan which s.ts forth the proc.dur.s the .ntity utilizes to assure that it does not .:l.s--nninate in its .mploym.nt and promotion practic.s; and Ii) a written procur.ment policy which selS ;.. ':1 the proc.dures the .ntity utilizes to assure that it does not discriminate against minority and wOrn=>-0wned business.s in its own procur.m.nt of goods, suppli.s and services. Such affumativ. aeticrr .,ians and procurem.nt polici.s shall provide for p.riodic r.vi.w to d.t.nnin. th.ir .ff.ctiv.n.ss in ilS..<arlIlg the .ntity does not discriminate in its .mploym.nt, promotion and procur.m.nt practic.s. The i=egoing notwithstanding, corporat. .ntiti.swhos. boards of dir.ctors are repr.sentativ. of the POf'W<B:JOlO make-up of the nation shall bl,7~esum.d to have non-discriminatory .mployment and prO<.~ent policies, and shall not be requir.d to have written affinnativ. action plans and procurem.nt polic:= m ord.r to rec.iv. a County contract. Th. for.going pr.sumption may be rebutt.d. The .......:!uir.ments of County Ordinanc. No. 98-30 may be waived upon the writt.n recomm.ndation of the C .rurnty Manager that it is in the best int.r.st of the County to do so and upon approval of the Board of C =:y Commission.rs by majority vote of the m.mbers pr.s.nt. The :frn: does not have annual gross rev.nu.s in .xc.ss of$5,000,ooo. Page 2 of 5 NLA.. IV. L V. 5/00 . . lbe fIrm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. lbe firm has annual gross revenues in excess of $5,000,000 and the firm does have a written EffInnative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. I" Avenue, 28th Floor, Miami, Florida 33128; The fIrm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. Ml.~I-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has _ has DO! as of the date of this affidavit been convicted of a felony during the past ten (10) years. A.r. officer, director, or executive of the entity entering into a contract or receiving funding from the '::.ounry _ has _ has not as of the date of this affidavit been convicted of a felony during the past "'" (10) years. Ml.~I-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. ":-15 codified as Section 2-8.1.2 of the County Code) -:-r.s: in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above lUmled person or entity is providing a drug-free workplace. A written statement to each employee shall nrfmm the employee about: danger of drug abuse in the workplace the firm's policy of maintaining a drug-free environment at all workplaces availability of drug counseling, rehabilitation and employee assistance programs penalties that may be imposed upon employees for drug abuse violations -:-"'" person or entity shall also require an employee to sign a statement, as a condition of employment that = employee will abide by the terms and notify the employer of any criminal drug conviction occurring = mter than five (5) days after receiving notice of such conviction and impose appropriate personnel ~on against the employee up to and including termination. '::.mnpliance with Ordinance No. 92.15 may be waived if the special characteristics of the product or =-' ice offered by the person or entity make it necessary for the operation of the County or for the health, ~'. welfare, economic benefits and well-being of the public. Contracts involving funding which is ~,ided in whole or in part by the United States or the State of Florida shall be exempted from the ~\ "isions of this ordinance in those instances where those provisions are in conflict with the =trements of those governmental entities. Page 3 of 5 ---X VI. Nf!r <1 Nil>. j SIOO VII. V\I1. . . MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section IIA-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (SO) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above ftnn at least one (I) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk oftermination of employment or employer retaliation. The foregomg requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. DISABILITY NON-DlSCRIMINA nON AFFIDAVIT (County Resolution R-385-95) That the above named ftnn, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities 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 111, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.I(c) of the County Code) Except for small purchase orders and sole source contracts, that above named ftnn, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes - including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the finn, corporation, organization or individual have been paid. Page 4 of 5 . . N/A IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. N/A X. PROJECT FRESH START (Resolutions R-702.98 and 358-99) Any ftrm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, ifftve percent (5%) of the ftrm's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance beneftts (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the rum may request waiver from the requirements of R-702-98 artf R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for proftt organizations or recipients of grant awards. />IfA XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codifted At IIA-60 EI. Seq. of the Miami-Dade County Code). The rum desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codifted at IIA-60 el. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business ftfty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have in,dicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affid~its that do pertain to this contract. \ ;)~) 'f /) ('(y' I '(Date) B~ (SIgnature of Affiant) ltll, day of 't 1'/( /( . @.e1She is SUBSCRIBED AND SWORN TO (or atrumed) before me this )..t:LC ~_ by _N SI (,i:c)\., IlAlS i), J.v or has presented as identiftcation. (Type of Identiftcation) \L1Cl-l} ~ / YcVLCC (Signa IPlERT E. PARCHER MY COMMISSION' CC 907458 EXPIRES: Match 31 , 2004 1 Ce 0'C7<fj,r (Serial Number) 3/31 I)-.a V , (Exprration Date) (Print OC Notary Public - Stamp State of -.B 0 H-/ nil (State) Notary Seal 5100 Page 5 of 5