Agreement :SAFE NEIGHBORHOOD =PARKS BAND PROGRAM
;2009 DISCRETIONARY'INTEREST AND PRE -LAND ACQUISITION FUNDS
AGREEMENT
This Agreement, ( "Agreement "} by and between ..Miami =.Dade County, a: political.
subdivision of the State ,of Florida .("County") #h rough - its Office of Capital Improvements
(Safe 'Neighborhood :Parks Bond Program) ( "Office "), located at 111 XW. 1 Street;
Suite 2130, Miami, "Florida 331,28, and the City of :.:Miami Beach ( "Grantee ") having
offices at 1 700 'Convention Center 'Drive, Miami Beach, .Florida .33139 states conditions
.and covenants for the, of - .Safe :Neighborhood Parks -Bond Project(s) for , the
County.is entered .into this day of l L , 2010.
WHEREAS, the citizens -of Miami - :Dade- County - have .authorized the ' issuance of
general obligation bonds - for the purpose of financing capital improvement: programs for
certain'-.parks, beaches, natural >areas and recreation facilities; .and
z WHEREAS, to implement .and give effect to the - .bond .program, .MiarnkDade
County, Florida . enacted Ordinance 'No. 96- 115., the Safe 'Neighborhood -Parks
Ordinance; and
WHEREAS; it 'is ' necessa ry and desirable. to -improve, the ;:quality of .-life, to
preserve property values, to .promote prevention of juvenile crime, by providing - positive
recreation :opportunities, and - to improve `.the.= recreation .facilities for youth,. adult, .and
senior citizens in 'this community..,through the improvement of our ;parks and natural
areas; and
WHEREAS, in order to foster those :important values, the :project( listed herein
have :been identified for reimbursement :pursuant to the .terms of the Ordinance;
NOW, 'THEREFORE, the .parties :agree as follows;
i.. ' QF SERVICE .AND BUDGET SUMMARY.. The Grantee agrees to
render services in accordance with the Project -Grant Summary - statement. incorporated,
and .,that all expenditures or -costs-:shall be. made -in accordance with the Budget(s) which
'is incorporated and attached as :Exhibit(s)'. ('See Section XVII .H.).
lf. ADMINISTRATIVE "RULES AND "BOND - ORDINANCE. - The Grantee .agrees. o
abide :by ,and be govern the. Administrative ed " Rules for:Specified ✓Project :Grants, 'Per
Capita .Allocation 'Grants, 'Challenge Grants, and Interest :Earnings :and the :Bond
Ordinance; - copies of which - have =been - provided - to the Grantee by the Office -and are
herein incorporated .by reference. Without limiting the .,generality 'of preceding
sentence, -the Grantee agrees :to: - Payment Procedures - (Ord.., 'Sec-6 - ..:and . "Rules, :gB);
Breach of A greement Rules, 9B 6 Termination Rules. 10F Pr
. 9 (� O - ,and 1 OF )� ( :); - ohibited Use -
of -Funds (Rules, '9D4); .Required Documentation (Rules, 1.0.D and 11); Operating-:Funds
(Ord..., Sec. �5(b) Completion: of Project and Supplemental Funding ` {Rules, 9.8(15)
and - (16)); and Audits (Ord., :Sec. 13 and `Rules, '10A).
III. :EFFECTIVE TERM.:.Both parties agree that - the effective :term of this. Agreement
shall be from December 1,.2009 to December :2, .2010 Failure by the Grantee to
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t
complete -the project by the aforementioned: date shall be cause for the County to
terminate this ..Agreement. There will be no extensions to the Agreement ,pursuant to
RFP SNP0809. .
IV. AMOUNT PAYABLE. The maximum amount payable for the ;project(s) .rendered
under this Agreement shalt not exceed . 297 335 unless otherwise amended. The
Grantee agrees `to post .a match which will be subject to verification :by the County at the
time - of payment reimbursement. Expenditure match must be verified at the - time of the
independent" audit (Ord., Sec. 13 and Rules, 9 B (1 "3)). Grantee agrees to provide
matching .funds for the project(s) in the amount- $297,335.
V. FUNDING COMMITMENT. In the. event that the project(s) . requires further "
funding," the Board of County. Commissioners of Miami -Dade County, Florida, with no
representation that - funds -will 'be forthcoming, conditions .funding for subsequent years �
,upon appropriation. .
VI'. -FUNDING REGULATIONS'.
A. Establishment of residency requirements, imposition of non - resident fees,
or "failure .of the "Grantee to comply with any other conditions established
by .-the -Safe Neighborhood -Parks Citizens' Oversight Committee
( "Oversight "Committee ") shall be cause for the ' County to terminate this
Agreement" unless an exception is granted ..by the Oversight Committee.
;B:. Failure by Grantee" Ito produce _the dollar for .dollar cash match, .unless
waived by the Safe Neighborhood Parks Citizens' Oversight :Committee at
:their :August 18, - 200.9 meeting, as originally.. pledged to the projects.(s) by
the Grantee shall result in a reduction - in bond funds awarded under this
Agreement, equal" to the cash match shortfall, or termination of the
Agreement by .the County, at the option of-the Oversight Committee.
Vll.. CONDITIONS OF AWARD..
A. :Completed facility construction will have a permanent plaque, approved by
the Oversight Committee, - as to. material, form, and -content, '� affixed to the
- facility noting funding through the 'Safe Neighborhood Parks Bond
'Program.
°:B. All construction funded with Safe Neighborhood Parks bond proceeds will
comply with the current =Florida Building Code specifications for such
facilities.
C. Land acquired .and /or :facility development- or improvement "funded by :this
-Agreement must be vested with -a public agency.
(a) The 'Grantee 'a grees:
To maintain. and " operate - in perpetuity e ro ert - ( ) P. p P y th
- P p y acquired,
q
developed, improved, rehabilitated or restored with the funds, except
where leases are in - effect, and in the event of leases for "a - period of.25
2 -of 16
years. The Grantee or -.its successors in interest in the property :.may
transfer the responsibility to , maintain and operate the property to another
public agency, or another not-for-profit organization' in :accordance with - the
SNP . Ordinance's ..and..Administrative Rules. The .Grantee .must provide
adequate ' programming for any new facilities constructed with proceeds .of
the 7 bonds.
, To use the property onl for the .purposes make
t P P Y Y oses state herein and to
P ,P:
no other use, sale, or disposition of .ahe property; except as :provided in
Section .25B 25(b).
.(3) Any beach., park or the public facility acquired, developed,
rehabilitated or restored With. funds - from this act 'shall be open and
accessible to the public without discrimination as to race, color, gender,
age, religious belief, residence, national origin; marital status, or disability. .
(4) In .order to maintain the exclusion from gross income for federal
income tax purposes of the interest of any bonds,: notes or other
evidences of indebtedness issue for the purposes of this article, to comply
with each,.applicable requirement of Section 103 and Sections 141 ,through
150 of the Internal Revenue Code of 1986,, , as - amended.
Vill. -INDEMNIFICATION BY GRANTEE. The :City of . Miami Beach shall indemnify
:and hold harmless the County and its officers, employees, agents, and instrumentalities
from any and ._all liability'. . losses or damages, = including attorney's fees and costs of
defense, which :the County or its officers., employees; agents. or instrumentalities may
incur as .a result of claims, d- emands, suits, causes of :action, or.proceedings of any kind
or nature arising out of, relating to , .or.resulting from the performance of this Agreement
by. the City of Miami 'Beach or. its . , employees, agents, 'servants, partners, :principals -or..
subcontractors. The ;City of Miami 'Beach 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 Hof -the County, .where applicable, including appellate :proceedings, :
and shall pay all costs judgments, and attorney's fees which - may issue - thereon. The
"City oof_Miami Beach expressly understands and agrees .that any insurance .protection
required by this Agreement or otherwise. provided by :the City of Miami Beach 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
-parties hereto 'acknowledge that the. Indemnification in - this Article shall at ,all "Aimes''be
subject to the limitations, of ,Section 768.28, Florida Statutes.
'IX: INSURANCE. If the Grantee is the State of "Florida. or 'an, agency or apolitical
subdivision of the State as defined by Section. 768.28, :Florida : Statutes, the Grantee
shall furnish the :County, upon request, written verification . of liability :protection in.
accordance with Section 768.28, 'Florida Statutes. Nothing herein shall be construed .to
extend any party's liability, beyond that provided in Section 768:28, Florida Statutes
X. - CIVIL RIGHTS. The Grantee agrees to abide .by Chapter .11 A, Article IV of. the
Code of Miami -:Dade County (" Co.unty Code "), as - amended, which prohibits
discrimination in employment; Title VII of the Civil 'Rights Act of 1968, as amended,,
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which ;prohibits discrimination in employment and public accommodation; the Age
Discrimination in.-Employment Act, 29 U.S.C., Section 621 et - seq:, as amended, which
prohibits discrimination in - employment because of .age; Section 504 of the
Rehabilitation Act of 1973, .29 U.S.C., ,Section "794, .as - amended, which. prohibits
discrimination on the basis. of disability; and the Americans with Disabilities Act, 42
US.C.., Section 12103 et seq., which .. prohibits discrimination in employment, and
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accommodation because of .disability.
it is expressly understood that upon receipt of evidence of discrimination �.u_nder any of
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these laws, the County shall have the -right to terminate this Agreement. It is further
understood that the .Grantee must affidavit attesting that it is - notin violation of
the Americans with -Disability Act; - the .Rehabilitation Act, the Federal Transit Act, 49
- U.S.C. Section :1612, and the :Fair Housing Act, 42 U. Section 3601 et seq. If the
Grantee or any owner, subsidiary,' or other firm affiliated with, or related tolhe'Grantee,
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 Grantee:
-Any agreement entered , into based upon a false affidavit shall be voidable ' by the
County. If the Grantee violates any of - the Acts-during :the term of any agreement the
Grantee has with the County, :such agreement shall be voidable by the County, even if
the Grantee wasknot inviolation:at.the time -it submitted its affidavit.
X.I. CONFLICT OF .INTEREST. The Grantee agrees to abide;by and be governed by
iami -Dade County. ,Ordinance No. 72 -82' .(Conflict of .Interest' Ordinance. codified at
.:Section - .2 -1.1.1 of the Code of Miami -Dade County), `as amended, which is incorporated
herein by preference as, if fully set forth herein, in connection with its contract obligations
hereunder.
X1.1 I.' OFFICE OF THE MIAMI -DADE INSPECTOR GENERAL. Pursuant to Ordinance
No. 97 7215, the Office of the Miami =Dade County. Inspector General (IG) shall 'have the
authority -and - power to review past, present and proposed County programs, accounts,
-records, contracts and transactions. The 'IG shall have the power to report and /or
- recommend to the Board of ' County Commissioners whether .a particular project,
program, agreement or transaction is- or was necessary and, 'if deemed necessary,
whether the :method used 'for .implementing .the project or - program : is or was efficient
:both financially and operationally. "Monitoring of -an existing project or program may
'include reporting whether the project is on time, - within .budget and in conformity with
.plans, specifications, and applicable law. The - IG shall have the power to analyze - the
need `for, and - reasonableness of, proposed change orders:
Upon ten (10) days written notice to Grantee from - IG, the. Grantee shall make all
requested records and :documents -available - to - the - ' IG for inspection and copying.
The shall the power re tain and coordinate -the services -of an IPSIG who may
be engaged to .perform - said mandatory random audits, as well :as audit, investigate,
monitor, oversee, inspect and review the operations, activities and performance and
procurement process including but not - limited `to project design, establishment of bid
specifications; bid submittals, - activities, of Grantee, its officers, agents - and employees;
lobbyists, County staff and elected officials in order .to ensure compliance with
.a greement specifications and detect - corruption and .fraud, This mandatory random
audit is separate and distinct- -from any other audit by -the County of any audit performed
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underSection XI. "Independent Priyate- :Sector Inspector General ".
The provisions in this Section shall apply to the Grantee, its officers, .agents, . and
employees.. The Grantee shall incorporate the provisions in this Section in all
subcontracts and all other agreements executed by Grantee 'in 'connection with the
performance of the Agreement.
Nothing in this Agreement shall impair any independent right of the County . .conduct
audit or investigate activities: The provisions of this Section are knot intended nor shall
they be construed to impose any liability on the County 'by Grantee or;third parties.
XIV. NOTICES. It is understood and agreed "between the parties that written notice
..addressed to - the .Office and mailed (certified /return.receipt) or delivered to the address
appearing on .page one (1) of. this Agreement and written notice addressed 10 the
Grantee and mailed..(certified /return receipt) or delivered °to .the address appearing on
page one- (1 - ) of this Agreement shall - constitute sufficient notice to either party.
XV. 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 Grantee is - only a recipient of funding :support and is
not an or instrumentality , of the County. Furthermore,. the Grantee's .agents and
employees are not agents or employees of the County.
XVI. TERMINATION. ]f the Grantee shall 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 herein, the County shall have the - right to
terminate this Agreement by.-giving at least ten. (10) days prior written notice _to the
.Grantee (Rules, 1 OF).
XVII. WISCELLANEOUS.
A. Applicable 'Law Means any applicable ,law .(including, without limitation,—
any environmental aw), enactment, statute, code, ordinance,
administrative order charter, tariff, resolution, order, rule, - regulation,
guideline, judgment, decree, writ, injunction, franchise, permit, .certificate,
license, authorization, -or other direction or requirement of, any
governmental authority, political subdivision, or any division or department
thereof, now existing or .hereinafter enacted, adopted, promulgated,
entered, or issued. Notwithstanding .the foregoing, 'Applica - ble Laws" and
"applicable laws" shall expressly include, - without limitation, all :applicable
zoning, land use, DRI and 'Florida Building Code, requirements and
..regulations; all applicable impact ' fee requirements, all requirements of
Florida Statutes, specifically including, but not limited to, Section 255.05
related to.- payment and performance bonds, Section 255:20 related to
contractor selection -and Section _287.055 :related to competitive selection
of architects and engineers, all requirements of Chapters ;119 and 286 of
the Florida Statutes, Section 2 -11.15 -of the Code . (Art :in Public .Places),
and all other applicable requirements contained in this Agreement.
B. Modifications Any alterations, variations; modifications, - or waivers of
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provisions 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 Manager, :upon concurrence 'of the
Safe Neighborhood :Parks .Oversight Committee-shall have the authority
- to modify or amend this Agreement:
C. Counterpart This Agreement is signed in 3 counterparts, and each
counterparf shall constitute an original of this Agreement.
'D.. Headings, 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 .herein,
the singular shall .include the plural and the plural shall include the
singular, and pronouns shall -be - read as masculine, feminine or neuter as
the context requires.
E.. - . Aoreement ' Contact The County's representative for this Agreement is
Veronica Rubert,
Office of Capital lmprov meets. The Grantee's
representative. for this agreement, i( (Name and
.'Title).-ro
F. ; Fringe Benefits In 'the event that :a percentage of actual salary will be
utilized as -the method to claim eligible fringe benefit costs pursuant to
Section =9 (D) (2) :- (c)�of the Rules, such percentage - shall =not exceed
"This percentage shall 'be .demonstrated to. the reasonable satisfaction of
the County. Documentation in :support of :this percentage .shall be
submitted to the Office, for- approval contemporaneously with the
execution .of this Agreement.
r
G. - Subcontracts . Any subcontracts written -under the :.provisions of the
Ordinance (Sections 5 (b) (5) ,and 8. (c))' require prior review .and written
approval of the County, which shall be granted or denied 'in the sole
_discretion of the County.
H. Totality of Agreement / Severability of Provisions This 16 page "
Agreement with its .recitals on the first page of - the Agreement and with its
attachments 'as referenced below contain - .all the terms . and conditions
agreed upon by the -parties:
Attachments 'l and 2: Miami -Dade County Affidavits
Exhibit(s) 11hrough.2: Approved - Projects) and Budget(s)
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 if such remainder would then .continue to conform :to the terms and
requirements of applicable law.
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IN WITNESS THEREOF, - the parties through their duly,. - authorized-
representatives hereby execute this -AGREEMENT,. with an effective date of
2010:
City of lorida
By
V 1 qg& Date
For the Board of =,Florida sioners,
C
- ity of ���.�C7tr -rte►
CLERK
Attest:
Clerk Da e
MIAMI =DADE C UNTY, FLORIDA
By:
Count Mayor
MIAMI -DADE- COUNTY, FLORIDA
BY ITS BOARD. OF
COUNTY COMMISSIONERS
Ste' :
APPROVED AS 30 Stphen P.. Clark Center
FORM & LANGUAGE 111 N.W. 1 Street
FO ELUTION 'Miami, Florida ..33128
HARVEY RUVIN, CLERK
Atte �t�•�m• ° °e '
a COQ
y At mey Date ; ,'A , •
c�k Dat
Approved by County Attorney as
to form and legal sufficiency:
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ATTACffiMDNT :I
MIAMI -DARE COUNTY AFFIDAVITS
'The contracting individual or entity (governmental or :otherwise) shall :indicate by an 'W. all :affidavits
that pertain to this contract. and -shall -indicate by an N/A all affidavits that do - not pertain to this c.
blank spaces - must .be filled. - ontract. All
The MIA1vII;DADE COUNTY :OWNERSHIP DISCLOSURE AFFIDAVIT MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT MIAMI - DADE CRIMINAL RECORD AFFIDAV
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT-sh ll
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 sha to municipalities of the
11, `however, pertain
State of Florida. All other contracting entities or individuals shall read carefully, each - affidavit to -determine
whether or not A pertains to -this contract.and. initial .to .the left of the statement, if applicable; or "N /A if.not
applicable; and/or:provide the information requested.
being °first duly -sworn state:
Affiant
The :full legai name and business - address of the person(g) or .entity contracting or transacting business with
:
Miami-Dade County are (Post Office addresses are not acceptable):
Federal - Employer Identification Number (If none, ,Social Securi ty}
Name- of=Entity, Individuals },'Partners, or Corporation
-Doing Business.As(ifsame as above, cave blank)
GO
Street Ad s c-ru•t 3�3 3�
CrtY State Zip Code
DADE OWN - ERSHIP DISCLOSURE - AFFIDAVIT (Sec. - 2 =8 :1 of the County Code)
1: -If�.the contract or business transaction is with.a corporation, the frill aegal name and business address :
shall be for :each 'officer:and. director and..each Stockholder who holds directly or .indire-ctl'
five percent (5 ° /a) or m ore-of-the: corporation's stock..:If the contradt or - ,business transaction with.a
Partnership, the foregoing : information .shall be :prodded for ,each partner: If the contract or business
transaction is with -a trust, .the :full legal "name and - address shall provided for each .trustee and each
beneficiary. The tforegoing 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):
6
/,
Full e al Name
g Address Ownership .
t .
.2. The full .legal names and .business address of any other individual : (other than subcontractors,
material men, suppliers, 'Iaborers, or lenders) who have ,-or will .have, any, interest (IegaI, equitable "
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses,are not acceptable):
3• Any _person who willfully fails to disclose the information required herein, or who 'knowingly
discloses .false information in this regard, shall be punished by a fine, of. up to five hundred dollars .
($500.00) or imprisonment in the County jail for up to sixty (60) days or - both.
procure
IAMI'DA.DE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance.No._.90 -'
3, Amending sec.'2.8 -1; Subsection (d)(2) of:the County Code).
Except where precluded -by federal or_State laws or regulations, each.contract or. business transaction or
renewal thereofwhich involves the expenditure often thousand dollars ($10,000) or more hall.require
the e ntity contracting or transacting business to disclose the following :information. The foregoing
disclosure'requirements do not _apply to contracts with .the 'United States or any department or agency
thereof, State or any political subdivision or agency thereof.or municipality of this State.
1. D : s our firm have :a collective bargaining agreement with its employees?
Yes No
2. s your firm provide .paid health care- benefits for. its employees?
Yes No
.3. Provide a current breakdown (number ofpersons) of your firm's
work force and ownership as to race, national and .genden
Males
t�Vhite• l Females A ian: Males Females
Black: UT. Males Females American Indian: Males. Females ..
Hispanics; Males 'Females Aleut —
-- (Eskimo }: :Males Females
:
Males Females: Males Females
TIVE ACTION/NONDISCRMUNATION . OF EMPLOYMENT, PROMOTION AND
CURE PRACTICES (County Ordinance 98 -30 codified at -2- 8.1.5 -of the
In . accordance with County Ordinance No: 98 =30, .entities with annual ;gross .revenues in: excess , of
.$5,000,000 -seeking .to contract with the County. shall, .as. , a condition of receiving _a County contract,
ave:. t),a written affirmative action:plan which sets forth the procedures -the entity to.assure-that
:it does not discriminate in its employment.and promotion.pract and ii) ,a written procurement policy
rhich sets Earth the procedures the entity utilizes to assure that it dues not:.diserianinate against minority
and vtromer� -awned b nesses . its own - procurement of goods, supplies and services. Such affirmative
action plans and .ment policie shall provide for periodic renew to determine their effectiveness
assuring the entity does not - discriminate in - its employment; - promotion and procurement :practices.
.'The. foregoing notwithstanding, corporate entities whose :boards of di rectors are ..representative of ;the
population make -up of the .nation shall `be presumW to have - non- discriminatory . employment :and
pr
.0 and shall _notberequired to have written affirmative:action,plans and procurement
policies in order to receive �a: County contract. The foregoing presumption .may be rebutted,
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n equirements e r of- County Ordinance .No. - 98 -30 may be waived upon the written recommendation of
ounty Manager that it isinthe best interest - the County to -do so and upon approval of the Board ,
of County Commissioners by'majority vote of the members ,present.
The firm does.nothave annual gross, revenues in excess of $5,000,000.
The firm, does have annual revenues in excess of $5,000,000; however, its,.Board -of Directors is
"representative of the population make -up ofthenation and has submitted - detailed
- listing of its Board of Directors, :including the race or ethnicity of each board member, .to - the
County's :Department of Business Development, 1;75 N.W, Ist Avenue, 28th Floor, Miami,
Florida 33128.
The firm .has "annual gross revenues in excess of $5,000,000' and`the firm .does have a"
wntten
affirmative action :plan .and ;procurement policy_:as :described above, which includes periodic.
- reviews to determine : effectiveness, and has submitted' "the plan and policy to the County's
Department of Business Development 175 N.W..1" 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..
- DADE CR UNAL, RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) ,
ividual or entity entering into..a contract or receiving :funding from the County has
has not .of the -date of this - affidavit "been convicted of a felony during the past ten (1 Q) years.
Az officer, director, ors 've of the entity entering into z contract or °receiving .'funding from the
�Coun o ha as , not of the date of this :affidavit .been convicted of.a felony during the past
( ) years.
�DADE EMPLO'iYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance,No.
.92 -15 codified:as.Section 2- 8:1.:2 of the County Code)
`'That �in.compliance�.with Ordinance No. .92- I5 of:the Code of Miami -Dade County, Florida, - the :ab*
named person. or entity is providing <a drug-free °workplace, .A written - statement to each e hall:inform the employee about:
1. danger of drug abuse in the workplace
�2. the :fi m's policy of maintaining.a -drug -free environment at all
3. :avaiiabilityof- drug counseling,: rehabilitation and employee assistance programs
=4; penalties that "may be imposed upon employees;for drug abuse - violations
The person or entity shall also - require an employee ",to :sign a statement, as a condition of employment .
..that the employee will , abide `by the terms and notify .the :employer of any criminal drug conviction
occurring no later than. five (5) days after receiving.notice of such -conviction and impose appropriate
personnel action .against the employee up to .and - including "termination.
P
Com liance with Ordinance No. 92-15 may be waived if "the s_ pecial .characteristics of the _product or
.
Oezvice offered by -the person .or entity make -it necessary :for ,the operation of .the County ' for the
'hdi, safety, ty, welfare, economic - benefits and f the',pubhc. 'Contracts involving funding.
Which is-provided in whole or in-part by' the- Uzi "Sta es or_the -State of.Florida -shall °be
:from: the provisions of. this ordinance in those instances those provisions are in conflict with :the
requirements of.those.governmental entities.
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:MIAMI -DARE EMPLOYN>ENTFAMILY LEAVE AFFIDAVIT (County Ordinance .No.
142- 91 .codified as Section l 1A-29 -et. seq of the County Code)
That in compliance with Ordinance No. 142 =91 of the Code of :Miami -Dade County,, :Florida, ,an
employer with fifty (50) or more employees working in Dade :County for each working day, during
each of ,twenty (20) or more calendar work weeks, .shall provide the following .information in
compliance wrth.all items in the aforementioned ordinance:
An .employee who has worked. for the above fun at least one (1) year shall be entitled.to ninety 90
days -of family leave during any twenty=four (24) month period, .for medical reasons, for the birth or
adoption of.a child, or for the care of a child, spouse or other close relative who ,has .a serious :health
condition without risk of termination of employment or employerretaliation.
The foregoing requirements shall not pertain to contracts with,.the United States or any department -or
:agency thereof, or the State of Florida or any political subdivision ':or agency thereof. It shall, .11 however, pertain to municipalities of this Sate.
DISABILITY NON - DISCRIMINATION AFFIDAVIT .(County Resolution R- 385 -95)
That the above named - firm, corporation or organization is -in compliance with and agrees to continue
to comply with and assure that.any.subcontractor, or third
with party contractor under this project.complies
:a11 applicable requirements of - the laws listed 'below including, but not :limited to, those
yprovisions'i 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 'L :Employment; Title '11 Public
Services; Title `III, '.Public Accommodations and .Services .operated by ,Private "Entities; ' Title ,IV,
r. Teleconununcations; and Title V, Miscellaneous Provisions; ';The Rehabilitation Act of 1973, '29
U.S:C- °Seetion'794; The Federal'Transt Act,=as amended 49 U.S.C: Section: 1612; :The. Fair Housing
:Act .as , amended, 42. U.S.C. Section 3601- 363.1. The�.foregoing requirements hall riot pertain .to
contracts with :the United .States or any department or agency thereof, the State. or ,any :political
s division.or.agency thereof or any municipality of this State.
LAW-DADS - COUNTY REGARDING DELINQUENT AND CURRENTLY DUE "FEES OR
AXES (Sec. '2= 8.1(c) of the County Code)
Except for -small purchase orders "and sole source .contracts, that above ,named firm, _corporation,
organization -or _individual :desiring to transact business or enter into -a :.contract with the County
verifies that _411 delinquent :and currently due .fees - or:.taxes -- including but not limited - - real -and
piroperty 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
inahe name of the firm, corporation, organization or- individual have'been paid.
&URE 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-orany of its agencies. or
11 -of _ 1.6
PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99)
Any firm that .has.a contract with -the County that results in actual payment of.$500,000 or more
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5 %) of the firm's work force consists of individuals who.reside.in Miami -Dade County;and who'have
lost or will lose cash assistance benefits (formerly Aid to - Families with Dependent , Children) a ,
result.of the Personal Responsibility and Work Opportunity Reconciliation'ACt of 1996,, the firm may
request waiver from the requirements of R-102-98 and R- 358 -99 "by .submitting :a waiver request
aff davit. The foregoing :requirement , does not pertain to government entitles :not for profit
organizations or.recipients of grant awards. p
OMESTIC VIOLENCE LEAVE (Resolution .1.85 -00; - 99 -5 `°Codified At I IA -60 ''Et..S . of the
iami -Dade County Code).
The .firm desiring to do business with the County is : in compliance with :Domestic 'Leave Ordinance
Ordinance 99 -5 codified at :.I IA -60 et. -seq. of .the Miami Dade County - Code; which - requires 'an
employer which has in the - regular, course of business fifty _(50) or more employees working in.Miami
Dade County for each working day during each of twenty' (20) or more calendar work weeks in the
current or proceeding calendar years, -to provide Domestic Violence -Leave to its employees.
I have carefully read this entire f ve .(5) page document entitled, ''Miami -Dade. County :Affidavits" ;and
have indicated by an ' all affidavits that pertain to this contract and have indicated by an "N /A:'' all affidavits
that do=t pertain to this contract.
By
a e f ffian
(Date)
SUBS CRIB D AND:SWORN TO: (or affirmed) before me this day.of
20�i� by `�0 - �.
_ . Be/She is personally
known to Mme or:has. presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
NAIMA - DE PINEDO
MY COMMISSION # DD 598910
titers (Expiration Date)
Notary.Public - Stamp State of Nota , Seal
(State)
L2 -of 16- '
.,,ATTACHMENT 2
SWORN STATENN'1C PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
DTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
L. This sworn statement Is submitted to Miami -Dade Coun
AA
by ,
(grin na
ividual's meand title)
for
- (print Flame of entity submitting sworn statement)
whose business address is
C
r.
and if applicable its Federal Employer :Identification Number is
(FED
If the entity has :no FEIN, include the 'Social Security "Number of the individual signing
this sworn statement:
2. 1 understand - .that.a "public entity crime" as dermed in paragraph'287.133 ,(1),(g), Florida .Statutes,
means :a violation of any state or federal law bya person with respect to -and directly related to the
transactions ,.of business - -with an public enti
ty :or with an ageacy.or political subdivision of any other.
-state or with the'United States, including, - butnot'limited to any bid or contract for.goods or services
'to he provided to,public. entity -or - agency or politicalaubdivision of. any- other:state or.of_the United
States °and involving ,antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy; .or material
- misinterpretation.
3. 1 that ' "convicted" or "conviction" as defined fin Paragraph :287.133
(1 )(b), '-- Florida
Statutes, means a''finding:of guilt -or a conviction -of :a public < entity crime, with or .without an
�a4judieation -of - guilt, in :any. "federal -or state :trial. court -of °record relating to charges brought by
indictment or "information after- July-1,.1989, as,a result of a jury verdict, non.jury trial, or entry of:a .
plea of guilty or noio contendere.
4. I'Understand .that >an affilia.te ":as definned in;paragraph,287.133(1)(a), Florida Statutes. means:
`I. Apredecessor-or successor of:aperson convicted of.apublic.entity criane; or_2. Ar► entity -under
the control of any;aatural p he management of the entity and who.has been
erson who "is.active.In s
convicted of :a .1pubCzc entity . crime.. The term "affiliate" Includes: those officers, directors,"
.executives, partners, shareholders, employees, rmembers, and .agents who are active in the
management- of -an .affiliate. The ovroership by one person of shares constituting a co.ntrollifig
interest in another ; person; or a pooiin9 of equipment income among persons when not for. fair
.market :value -under an .arm's , length agreement, shall be :a prima facie case -that one - person
controls :another _Person. .-A- person who , knowinglyenters into a joint venture with a. person who
:has °been convicteiT of 'a public _ entity crime in Florida .during. the preceding 36 months-shall be
considered,an.affiliate.
13 : of 16
5. I, understand that .a "person" as defined In Paragraph 287.133(1)(e), . Florida Statutes, :means any
natural.person or entity organized under the laws of any state or of the United "States- within the legal
,power to. enter into a" binding contact, and which bids or :applies to bid on,contracts for the provision
of goods or services let by a public entity, or which otherwise'transacts or applies to.transact business
with .a public entity. The - term "person" 'includes those officers, executives, partners, shareholders,
employees, members, and agents are active in management of entity.
6. Based on information - and belief, - the statement which I have marked belowJs . .true in gelation to the
atity submitting this sworn statement. (Please - - which :statement applies:}
Neither the entity,submitting this sworn.statement,: nor, any -of its officers, .directors, "executives,
partners, shareholders, employees, "members, or agents who are .active in the .management.-of the
entity, nor any affiliate of the entity -has been charged with and convicted of a .public entity crime
subsequent to July 1,. 1989
The entity submitting this sworn statement, or one or.more of its officers, directors, executives,
;partners, shareholders, employees, members, or. agents who -are - .active in the management of .the
- entity, :nor any affiliate of the entity has been charged with-and convicted :of -a public entity -crime
subsequent to .July 1, .1989. However, there has been -a subsequent proceeding .before .a Hearing
Officer of the State of Florida, Division of Administrative $earings-and .the:Final Order. entered by
the 'Hearing Officer determined -that 'it was not - in the :public interest to place° the entity submitting
this sworn statement on the convicted vendor list, (attach a co p yof.the final order).
'I UNDERSTAND THAT THE SUBiVIISSION OF `THIS :FORM TO 'IL CONTRACTING ; OFFICER FOR
THE "PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I ".(ONE) ABOVE -IS FOR THAT :PUBLIC
ENTITY ONLY AND, THAT THIS FORWIS VALID THROUGH. DECEMBER 31 -OF THE CALENDAR
YEAR IN WHICH IT IS FILED. TALSO UNDERSTAND THAT "I AM REQUIRED TO :INFORM THAT
`PUBLIC ENTITY .PRIOR TO 'ENTERING INTO .A CONTRACT .IN EXCESS OF THE` T'HRESIiOLD
AMOUNT PROVIDED IN SECTION :287:01'7 FLORIDA- STATU' ES :FOR CATEGORY 'I WO OF ANY
FORM. CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
. ature}
Sworn to and .subscribed obefore me. - this s
d y . of ` . tf .20
Personally known
OR Produced Identification Notary Public -State of
My.commission expires
(Type of Identification)
NAIMA'DE PINEDO
r -A MY COMMISSION #.DD 598910
1 , : EXPIRES: September 26, 2010
A Bonded Thru Notary Public Underwriters
(Printed ors mp - -co oned name of -not
public)
14 -of 16
�� d.'tt1�19eY2S''
t
overs ht eon2w ttee
2009 .Discretionary }
Interest and Pre -Land J;' .
Acquisition-Funds 0
Agreement
q hborhood � r
EXHIBIT ` DISTRICT, E�
City of. Miami .Beach
Lummus=Park Improvements
Ocean Drive, 5 15th Street
Park Improvements
' Fiscal Year
`:BUDGET ITEMS 2009 -2010 1
PLANNING
DESIGN -
PROJECT ADMINISTRATION
PRE- AGREEMENT:SOFT COSTS [w��
'LAND/BLDG ACQUISITION n
CONSTRUCTION
Park 'Improvements 147,335
TOTAL CONSTRUCTION
ART ALLOWANCE
- FIXTURES, FURNITURE, EQUIPMENT
i OTHER bSTS
TOTAL AWARD `147;335
--Remarks
SNPCOC approved at their August'18, -:2009 meeting. - Match 1 tot : required.
RA 376-09 December 1; 2009
- 15-of;16
2009 Discretionary oversi ht cominittee
l �
interest and Pre- Land
Acquisition Funds
Agreement
Di or trod
EXHIBIT ." ;DISTRICT
City of Miami Beach Bandshell Park F751 .Improvements
7251 Collins Avenue
Park:Improvements
fiscal Year
BUDGET ITEMS 2009 -2010
PLANNING
.DESIGN
PROJECT ADMINISTRATION
PR&AGREEMENT SOFT COSTS
LAND/BLDG ACQUISITION
CONSTRUCTION
'Park Improvements 150,000
TOTAL .CONSTRUCTION 150,000
ART "ALLOWANCE
- FIXTURES, FURNITURE, EQUIPMENT
OTHER COSTS
TOTAL AWARD - 150,000
Remarks
SNPCOC.,approved at.their August 18, 2009 meeting. Match 1 to 1 required.
R= 1.376 -09 December 1, 2009
16 of 16