99-23175 RESO
RESOLUTION NO. 99-23175
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; SAID
AGREEMENT TO BE PROVIDED BY MIAMI-DADE COUNTY AND SUBJECT TO REVIEW BY THE
ADMINISTRA TION AND THE CITY ATTORNEY'S OFFICE; APPROPRIATING $61,875 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 1999/2000, with funding being administered by Miami- Dade County; and
WHEREAS, this grant will fund the new Lincoln Road Community Policing Enhancement Program, which
will pay for two additional police officers on Friday and Saturday nights and bicycles for them to patrol with; and
WHEREAS, the City has received total grant funding, in the amount of$61,875, with the City providing a
cash match, in the amount of $15,468, which will be derived from the Police Confiscations Account; and
WHEREAS, the City and the County agree to enter into a Cooperative Agreement for the purpose of
implementing this program, said Agreement to be submitted by the County and subject to review by the Administration
and the City Attorney's Office.
NOW, THEREFORE, BE IT DUL Y 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,
subject to the approval of the Administration and City Attorney's Office, to execute a Cooperative Agreement between
the City and Miami-Dade County, providing for a Lincoln Road Community Policing Enhancement Program; said
Agreement to be provided by Miami-Dade County and subject to review by the Administration and the City Attorney's
Office; appropriating $61,875 in grant funds; and authorize the expenditure of said grant funds.
PASSED and ADOPTED this 26thday of
May
,1999.
MAiJ
ATTEST:
Rdkr f~~
CITY CLERK
F:\POLI\ TECHSER V\POLICIES\COM _ RESO\byrne grant I 999.res. wpd
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
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Cny ~
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
Program Proposal for:
Miami Beach Police Department
Jurisdiction Name
1. List Grant Coordinator and other participating agencies
Grant Coordinator:
Name:
Lt. Lynda Veski
Title! Agency:
Miami Beach Police Department
Mailing Address
1100 Washington Avenue
City/ Zip Code:
Miami Beach, Fla 33139
Phone Number:
305-673-7Q33
FAX Number: 305 - 6 7 3 - 786 7
List aU Participating Agencies:
This could be other city departments, schools, private organizations, etc.
Agency Name:
None
Agency Name:
Agency Name:
Agency Name:
2. Name of Program Area:
Lincoln Road
3. Reimbursement Payment:
List the infonnation below to identify who is to receive reimbursement payment.
Name:
The City of Miami Beach Police De~~rtment
Title! Agency:
C/O Ms. Estrella Pena
Mailing Address:
1100 Washington Avenue
City/ Zip Code:
Miami Beach Fl
33139
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
4. Problem Identification:
Using two paragraphs, briefly describe a specific problem to be addressed with grant
funds. If this is a program enhancement project, you must provide a short summary if the
current program and describe any gaps between current and desired results.
Lincoln Road on Miami Beach is a pedestrian mall that
runs approximately seven blocks in length. No vehicular traffic
is allowed on Lincoln Road. Several years ago, Lincoln Road was a
virtual ghost town with empty storefronts and dilapidated sidewalks.
The City of Miami Beach has spent considerable amount of public
funds to enhance the quality of Lincoln Road. These efforts have
paid off. The road is now lined on both sides with restaurants,
shops, theaters and art galleries. The restaurants have_expanded
their seating out into Lincoln Road's walking area. Lincoln Road
has become a meeting place for our citizens and is gaining a
reputation as an entertainment destination for residents and tourist~
A new 18 screen movie complex is scheduled to open at the west end
of Lincoln Road. This will have a significant impact on the road
and surrounding neighborhood adding several hundred if not several
thousand persons onto Lincoln Road every weekend night.
The Police Department has a bicycle beat on Lincoln Road
during the day and afternoon hours. Officers have to walk, ride a
bicycle or use roller blades to patrol the road. The Lincoln Road
beat officer is responsible for every incident that occurs on the
road. The officers work closely with the Lincoln Road Business
Association, the Sanitation Department, and Code Enforcement to
solve quality of life issues. Although the Police Department is
understaffed, we are under increased pressure from the community
and business owners to increase the police presence on Lincoln
Road, especially during evening business hours. The business
community has responded most favorably to the police department's
community policing initiatives.
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
5. Program Desciption:
Complete the items listed below and use additional pages if neccessary.
Title of Program: Lincoln Road Bicycle Enhancement Program
Program Dates: 0 c to be r 1, 1 999 to S e p t e m b e r 3 1, 2000
Target Population: Res ide n t san d Vis i tor s toM i ami Be a c h
~ocationofProgram: Lincoln Road on Miami Beach
Frequency of Program:
Two nights a week for a year
Facility and Equipment for Program: Non e
Types of services to be Delivered:
Community Policing Officers
Other Agencies involved:
None
Services delivered by other Agencies:
None
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
5. Program Description (Continued):
Provide a description of the program addressing the Problem described in #4. If this is a
program enhancement project, you must provide a summary of the current program and
describe any gaps between current and proposed results.
As stated earlier, the police department has assigned
several police officers to patrol Lincoln Road during the day
and afternoon hours. The philosophy of the Lincoln Road beat
officer is to establish police/public interactions and work in
partnership with the business merchants, restaurant managers,
shop owners and the community. The officers are traditional
officers on the beat. They are responsible for all calls for
service on Lincoln Road. Each Lincoln Road beat officer is
given a city issued beeper so that merchants can beep their beat
officer if they have a problem or need information.
The police department would like to expand the number and
role of these Lincoln Road beat officers to correspond with the
increase of pedestrains and the impact of the new 18 screen
movie complex. Two bicycle officers a night for two nights a
week will enhance this community policing philosophy on Lincoln
Road. Only officers who are currently on the bicycle patrol will
be allowed to participate in this program. These officers are
easily approachable and can offer a wide range of assistance to
tourists and citizens alike. This will add continuity and
improve the rapport with merchants and citizens alike.
DRUG CONTROL AND SYSTEM Il\1PROVEMENT PROGRAM FY2000
6. Program Staff:
List each position that will be paid with grant funds and the hours of involvement. Attach
job descriptions for each position listed.
Example:
1 Police Officer X 4 prevention meetings per month X 11 months
X 4 hours per meting = 176 hours
Job Title Project Hours
2 police officers x 7 hours x
? n::l\/c nl'>Y' Wl'>l'>1t y 'i? Wl'>l'>kc::; nl'>r
year = 1,456 hours
-
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
7. Program Line Item Budget:
Category Subtotal Total
Salaries/Benefits $59,259.00
2 officers x 7 hou "'s x 2 days per week
x 52 weeks per yea '" x $40.70 (overtime
rate including sal 3.ries and benefits)
Contractual Servicep $0.00
--
Expenses $0.00
,.
Total Budget: $ 59.259.00
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY2000
8. Program Budget Summary:
Budget Category
Total (100%)
Salaries and Benefits
$59.259.00
Contractual Services
$ 0.00
Expenses
$ 0 . 00
Total Budget (100%)
$59,259.00
9. 25% CASH MATCH:
The CASH MATCH for this city is $ 14 .815 . 00
(Total Budget x 25%)
List the source of the CASH MATCH: Law Enforcement Trust Fund
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 310 -'tL
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 26,1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUTI N 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 THE CITY
AND MIAMI-DADE COUNTY PROVIDING FOR A LINCOLN ROAD
COMMUNITY POLICING ENHANCEMENT PROGRAM; SAID AGREEMENT TO
BE PROVIDED BY MIAMI-DADE COUNTY AND SUBJECT TO REVIEW BY THE
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE; APPROPRIATING
$61,875 IN GRANT FUNDS, AND AUTHORIZING THE EXPENDITURE OF SAID
GRANT FUNDS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City has received Grant funding for fiscal year 1999-2000, under the Drug Control and System
Improvement Program administered by Miami-Dade County. Upon passage of the Resolution,
Miami-Dade County will provide an Agreement that will be executed subject to the review of the
Administration and the City Attorney. This is the procedure that the City and Miami-Dade County
have used for the last six years.
The City has been awarded $46,407 in grant funds to create the Lincoln Road Community Policing
Enhancement Program. The City will match this amount with $15,468 derived from the Police
Confiscations Account for a total program cost of $61,785. 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 and purchase three new police bicycles at a total cost of $2,616. The grant will
become effective on October I, 1999 and end on September 30, 2000.
Lincoln Road is a very successful area, and is visited by tourists and visitors to Miami Beach.
Additionally, the opening of the new 18 screen movieplex theater on the west end of Lincoln Road
AGENDA ITEM
Cl~
5-2l--~
DATE
will increase 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.
This program will deploy two additional police officers, 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 officers will be deployed on bicycles and will be the same officers who are assigned to
Lincoln Road and possess intimate knowledge of the area, the business and the people.
CONCLUSION
The acceptance of this grant will greatly benefit the City and the Police Department's Community
Policing efforts.
sRIlB~s r(}f><
F:\POLI\TECHSERV\POLICIES\COM_MEMO\byme grant 1999.mem.wpd
MIAMI-DADE COUNTY
AGREEMENT.
This Agreement, made and entered into this t9 {)-+-. day of Ad?
1999, by and
between Miami-Dade County, a political subdivision of the State of Florida hereinafter referred to
as the "COUNTY", through its DEPARTMENT OF HUMAN SERVICES and the CITY OF
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 Anti-Drug Abuse
Act of 1988, hereinafter referred to as the ACT, and
WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority
to enter into this Agreement by way of resolution, motion or similar action that has been duly
adopted or passed as an official act of the PROVIDER's governing body, authorizing the
execution of the Agreement, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the PROVIDER to carry out on
behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement, and
WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by
the State of Florida, Department of Community Affairs, Division of Housing and Community
Development, Bureau of Community Assistance to Miami-Dade County and being duly
executed by both parties, whichever is later, and
Page I of 12
WHEREAS, the COUNTY is desirous of suppo.rting 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,
1999 through September 30,2000.
ID. 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 REOUIREMENT. 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
THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti-Drug Abuse Act. The PROVIDER agrees to abide by all
of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 9B-61. Furthermore, this
Page 2 of 12
AGREEMENT shall incorporate by reference the provision of that certain document entitled
"State of Florida, Department of Community Affairs, Division of Housing and Community
Development, Bureau of Community Assistance Subgrant Application for Anti-Drug Abuse Act
Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if
fully set forth.
B. Supplanting. The PROVIDER agrees that funds received under this Agreement shall
be utilized to supplement, not supplant state or local funds, but will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-drug
law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5) of the ACT.
VI. CONTINUITY OF SERVICES. Provide optimal continuity of services by assuring that
services are provided by the same person whenever possible and, if not, by a qualified replacement
when necessary.
VII. PROGRAM CONTACT. Designate a contract coordinator who shall be responsible for
I) 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. INDEMNIFICA TION BY THE PROVIDER. Any PROVIDER shall indemnify and
hold harmless the COUNTY and its officers, employees, agents and instrumentality's from any and
all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY
or its officers, employees, agents or instrumentality's may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of this Agreement by the PROVIDER or its employees, agents, servants,
partners, principals or subcontractors. PROVIDER shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification
shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the
provisions of that Statute whereby the PROVIDER shall not be held liable to pay a personal injury
or property damage claim or judgment by anyone person which exceeds the sum of$100,000, or
any claim or judgment or portions thereof, which, when totaled with all other claims or judgment
paid by the PROVIDER arising out of the same incident or occurrence, exceed the sum of
$200,000 from any and all personal injury or property damage claims, liabilities, losses or causes
of action which may arise as a result of the negligence of the PROVIDER.
IX. INSURANCE. As a political subdivision of the State as defined by section 768.28,
Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification
of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be
construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes.
Page 3 of 12
X. LICENSURE AND CERTIFICATION. Ensure that all other licensed professionals
providing COMMUNITY POLICING PROGRAM services shall have appropriate training and
experience in the field in which he/she practices and abide by all applicable State and Federal laws
and regulations and ethical standards consistent with those established for his/her profession.
Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities
in this regard.
XI. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person
under the employ of the PROVIDER, who exercises any function or responsibility in connection
with this Agreement, has at the time this Agreement is entered into, or shall have during the term
of this Agreement, any personal financial interest, direct or indirect, in this Agreement.
Xli. CIVIL RIGHTS. The PROVIDER agrees to abide by Chapter l1A, Article IV of the
Code of Metropolitan Dade County ("County Code"), as amended, which prohibits discrimination
in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits
discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42
US.C. as amended, which prohibits discrimination in employment because of age; Section 504 of
the Rehabilitation Act of 1973,29 US.c. Sect. 794, as amended, which prohibits discrimination
on the basis of disability; and the Americans with Disabilities Act, 42, US. 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 US.C. Sect. 1612, and the Fair
Housing Act, 42 US.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.
Xill. NOTICES. Notice under this Agreement shall be sufficient ifmade in writing and
delivered personally or sent by mail or by FAX to the parties at the following addresses (or to
such other party and at such other address as a party may specify by notice to others):
If to the COUNTY:
Miami-Dade County
Department of Human Services
III NW 1 st Street, Suite 2210
Miami, Florida 33128
Attention: Mr. Richard W. Harris, Jr.
Page 4 of 12
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
County may: (a) request the return of all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, reports prepared and
secured by the provider with the County funds under this Agreement; (b) seek
reimbursement of County funds allocated to the Provider under this Agreement;
(c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect cost
associated with such termination, including attorney's fees;
2. The COUNTY may suspend payment in whole or in part under this
Agreement by providing written notice to the PROVIDER of such suspension and
specifying the effective date thereof, at least five (5) days before the effective date
of suspension. If payments are suspended, the COUNTY may also suspend any
payments in whole or in part under any other contracts entered into between the
COUNTY and the PROVIDER. The PROVIDER shall be responsible for all
direct and indirect costs associated with such suspension, including attorney's fees;
3. If, for any reason, the PROVIDER should attempt to meet its obligations
under this Agreement through fraud, misrepresentation or material misstatement,
the County shall, whenever practicable terminate this Agreement by giving written
notice to the provider of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. The COUNTY
may terminate or cancel any other contracts which such entity has with the county.
Such entity shall be responsible for all direct or indirect costs associated with such
Page 5 of 12
termination or cancellation, including attorney's fees. Any entity who attempts to
meet is contractual obligations with the county through fraud, misrepresentation or
material misstatement may be debarred from county contracting for up to five (5)
years.
4. Any other remedy available at law or equity.
The County Manager is authorized to terminate this Agreement on behalf of the
County.
C. Damages Sustained. Notwithstanding the above, the PROVIDER shall not be
relieved ofliability to the COUNTY for damages sustained by the COUNTY by
virtue of any breach of the Agreement, and the COUNTY may withhold any
payments to the PROVIDER until such time as the exact amount of damages due
the COUNTY is determined and properly settled. The PROVIDER shall be
responsible for all direct and indirect costs including attorney's fees, associated
with any legal or equitable remedies the county may wish to pursue.
XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without
cause by either party by giving sixty (60) days prior written notice to the other party of such intent
to terminate.
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
Year-To-Date expenditures.
I. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third
Quarter Report which documents those steps the municipality will take in
the Fourth Quarter to fully expend the contract by the end of the program
year.
2. This expenditure plan must be approved by the COUNTY.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the COUNTY will recapture the anticipated unexpended
amount for use in another program, without a formal amendment process.
C. Payment Procedures. The County agrees to pay the PROVIDER for services
rendered under this Agreement based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost-basis Agreement and the
Page 6 of 12
PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget
approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the
COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project
Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as
stated in Section XIX. Rl. The Quarterly Project Performance Report & Invoice shall be
prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly
Project Performance Report & Invoice shall be submitted by October 15, 2000.
D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIII.
E. The COUNTY agrees to review invoices and to inform the PROVIDER of any
questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department.
F. No payment of subcontractors. In no event shall county funds be advanced directly to
any subcontractor hereunder.
XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Property. The PROVIDER is required to be prudent in the
acquisition and management of property with federal funds. Expenditure of funds for the
acquisition of new property, when suitable property required for the successful execution of
projects is already available within the PROVIDER organization, will be considered an
unnecessary expenditure.
R 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 BlockIFormula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
Page 7 of 12
E. Management. The PROVIDER procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, as a minimum, meet
the following requirements: 1. Property records must be maintained which include description of
property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of COUNTY participation
in the cost of the property (Federal funds), location of property, use and condition of the
property, disposition data including the date of disposal and sale price; 2. a physical inventory of
the property must be taken and the results reconciled with the property records at least once every
2 years; 3. a control system must exist to ensure adequate safeguards to prevent loss, damage or
theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as
appropriate; 4. adequate maintenance procedures must exist to keep the property in good
condition; and 5. if the PROVIDER is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records. Records for equipment, nonexpendable personal
property, and real property shall be retained for a period of 3 years from the date of the
disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim,
or audit is started before the expiration of the 3 year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
G. Year 2000 Compliant. The PROVIDER warrants that any and all computer
systems and equipment utilized with this program are year 2000 compliant or that, at the
PROVIDER'S sole cost and expense, the necessary steps shall be taken to make such computer
systems and equipment year 2000 compliant prior to January 1, 2000.
XIX. RECORDS. REPORTS. MONITORING AND AUDITS. EVALUATION STUDIES.
The PROVIDER shall keep records of program services in
sufficient detail to provide any reports which may be requested by the COUNTY.
A. Records. All program records will be retained by the PROVIDER for not less
than three (3) years beyond the term of this Agreement. In accordance with contract
requirements from the State of Florida, records for the COMMUNITY POLICING PROGRAM
services must reflect:
1.
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:
I. Ouarterly 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, 2000 covering the Agreement activity for the previous quarter. The
Quarterly Project Performance Report and Invoice shall be submitted in the format and using the
form attached hereto as Attachment C.
Page 8 of 12
2. Other Required Reports. The PROVIDER shall submit other reports as may be
required by the Department of Human Services during the program year.
C. Changes to Reporting Requirements. The PROVIDER understands that the
COUNTY may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. Make available for review, inspection, monitoring or audit
by the COUNTY without notice during normal business hours all financial records and other
program records and documents which relate to or have been produced or created as a result of
this Agreement. The PROVIDER shall provide assistance as may be necessary to facilitate a
financial/program audit when deemed necessary by the COUNTY to ensure compliance with
applicable accounting and financial standards. The County reserves the right to require the
Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands,
it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector
General or independent private sector inspector general retained by the Office of the Inspector
General.
E. Independent Private Sector Inspector General Reviews. Pursuant to Miami-Dade
County Administrative Ordinance 3-20, the PROVIDER is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General (hereafter tlIPSIGtI),
whenever the county deems it appropriate. Upon written notice from the COUNTY, the
PROVIDER shall make available to the IPSIG retained by the county, all requested records and
documentation pertaining to this agreement for inspection and copying. The COUNTY shall be
responsible for the payment of these IPSIG services, and under no circumstances shall the
provider's budget and any changes there to approved by the COUNTY, be inclusive of any
changes relating to these IPSIG services.
F. Evaluation Studies. PROVIDER agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the State of Florida, Department of
Community affairs, Division of Housing and Community Development, Bureau of Community
Assistance. This participation shall at a minimum include access to PROVIDER's premises and
records.
xx. PROHffiITED 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.
Page 9 of 12
XXI. MISCELLANEOUS.
A. This Agreement is the complete and exclusive statement of all the arrangements
between the COUNTY and the PROVIDER regarding the provision of the services described in
Attachments A and B.
B. Except as otherwise enumerated herein, no amendment to this Agreement shall be
binding on either party unless in writing and signed by both parties and approved by the County
Manager provided, however, that the COUNTY may effect amendments to this Agreement
without the written consent of the PROVIDER, to conform this Agreement to changes in the
laws, directives, guidelines, and objectives of county, state and federal governments.
C. Nothing herein shall alter, affect, modify, change or extend any other agreement
between the PROVIDER and the COUNTY unless specifically stated herein.
D. All reports, information documents, tapes and recordings, maps and other data and
procedures, developed, prepared, assembled or completed by the PROVIDER in connection with
the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this
Agreement shall become the property of the COUNTY without restriction, reservation or
limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time
upon request by the COUNTY. Upon completion of all work contemplated under this
Agreement, copies of all of the above data shall be delivered to the COUNTY upon request.
E. Agreement Guidelines. The Provider agrees to comply with all applicable federal
state and county laws, rules and regulations, which are incorporated herein by reference as set
forth herein. This Agreement shall be interpreted according to the laws of the State of Florida
and proper venue for this Agreement shall be Dade County, Florida.
F. Amendments. Any alterations, variations, amendments, or other modifications of
this Agreement including but not limited to amount payable and effective term shall only be valid
when they have been reduced to writing, duly approved and signed by both parties and attached
to the original of this Agreement.
The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service,
line item budget of more than fifteen percent (15%) of the total budget set forth herein and other
such revisions my be negotiated as written amendment to this Agreement between the parties.
The County Manager is authorized to make amendments to this Agreement as described herein on
behalf of the COUNTY.
G. Publicity. It is understood and agreed between the parties hereto that this
PROVIDER is funded by Miami-Dade County. Further, by acceptance of these funds, the
PROVIDER agrees that events and printed documents funded by this Agreement shall recognize
the funding source as follows:
This program was supported by a grant awarded to Miami-Dade County
Department of Human Services, State of Florida Department of Community
Affairs and U.S. Department of Justice, Bureau of Justice Assistance (BJA).
Page 10 of 12
H. Sub-Contracts. The Provider agrees not to enter into sub-contracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or
all of its rights, title or interest herein, or its power to execute such Agreement without the prior
written approval of the COUNTY and that all sub-contractors or assignees shall be governed by
the terms and conditions of this Agreement.
I. Heading. Use of Singular and Gender. Paragraph headings are for convenience
only and are not intended to expand or restrict the scope or substance of the provisions of this
Agreement. Wherever used in herein, the singular shall include the plural and plural shall include
the singular and pronouns shall be read as masculine, feminine or neuter as the context requires.
J. Total of Agreement/Severability of Provisions. The twelve (12) page Agreement
with its attachments as referenced below contain all the terms and conditions agreed upon by the
parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D.
Agreement Program Review (Scope of Services)
Agreement Program Budget
Quarterly Project Performance Report & Invoice
Miami-Dade County Affidavits
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held
invalid or void, the remainder of this Agreement shall not be affected thereby such remainder
would then continue to conform to the terms and requirement of applicable law.
Page II of 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective and duly authorized officers, the day and year first above written,
#fM
Mayor
Signature
Title
Neisen Kasdin
Name (typed)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
BY_~P~
1J/ k!td~ ~
City Attorney Date
Robert Parcher, City Clerk
By:
(Corporate Seal)
ATTEST:
MIAMI-DADE COUNTY, FLORIDA
~..
D tyOerk , ..
'~"',.) :"~j ;, /'! I .,
f,.I, "...,'".
.l~~/\J 'V'..J"./) ,,' \..~\:~~\
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:::t' . couriTY . "'". -. ;
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._ ~-.J f
'f~
:~
errett R. Stier
County Manager
Page 12 of 12
ATTACHMENT A
ATTACHMENT B
ATT ACHMENT C
ATT ACHMENT D
SUMMARY OF ATTACHMENTS
Agreement Program Narrative - Scope of Service
Agreement Budget - Program Budget
Quarterly Program Performance Report and Invoice
Miami-Dade County Affidavits
ATTACHMENT A
Agreement Program Narrative - Scope of Service
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: 10/1/99 -- 09/30/00
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.
Proe:ram 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.
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: 10/1/99 -- 09/30/00
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
overtime slips
Lt. Lynda Veski, MBPD Richard W. Harris, Jr. DHS
ATTACHMENT B
Agreement Budget - Program Budget
PROGRAM BUDGET
Jurisdiction 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)
Contractual Senices, Total
Expenses, Total
3 Police Bicycles and accessories
Bike
Bike Racks
Rack Packs
Locks and brackets
Kick Stands
Aluminwn Stem Risers
Battery powered Head lights
Battery powered Taillights
Total Budget
3 @ $639
3 @ $75
3@$40
3 @ $41
3 @ $20
3 @ $25
3 @ $19
3 @ $15
Dade County will reimburse an 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
09/24/99, MB$00WK4
$46,411
$15,470
Contact Person: Lt. Lynda Veski
(305) 673-7945 ext. 5187 PH -- (305) 673-7864 FX
Program Dates: 1011/99 - 9/30/00
$59,259
$1,917
$225
$120
$123
$60
$75
$57
$45
$59,259
$0
$2,622
$61,881
ATTACHMENT C
Quarterly Program Performance Report and Invoice
Quarterly Project Performance Report
Drug Control and System Improvement Formula Grant Program
COMMUNITY POLICING PROJECT
PURPOSE AREA 4B
(Jurisdiction Name)
(project Name)
(Name of Person Completing Form)
(Title)
(phone)
STATE CONTRACT ill NUMBER: 2000-CJ-D8-11-23-01-038
~::~:::::~~~:::::::::~::~:::~:~~~:::~~:_i::llitml::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::_::11'11::::::::::::::::::::::::::::::::::: :::::~:::~~:::::::::::~~::::::::::f.ljil::BI::III::::::::::::::~:::::::::::::::::::
2 January I - March 3 1 April 1 5
3 April I - June 3 0 July I 5
4 July 1 - September 3 0 October 1 5
I * October I - December 3 I January 1 5
*For example, if your project began in October, this is Report Number 1.
Record Number, Period, and Date below:
~
NOTE: All jurisdictions must complete Sections I through 5. Section 6 must be completed following each jurisdiction's
noted instructions. PROJECT NARRATIVE must be completed by all jurisdictions following this section's instructions.
Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being
"Out of Compliance" and their Reimbursement Request will be delayed.
Miami Dade Department of Human Services Form Revised 9/99
4B.01
1)
Coral Gables, Hialeah, Homestead, Miami, North Miami, Sweetwater, West Miami, Miami Dade
During this reporting period, how many commuity service events, including
neighborhood clean ups were conducted? (list the type and/or setting of the event)
4B.02 Bal Harbour, Biscayne Park, Homestead, Miami Beach, Miami Springs, North Bay Village,
Pinecrest Sunny Isles, Surfside, Virginia Gardens
2) During this reporting period, were Bicycle Patrols conducted?
a. No. of officers
b. No. of hours
4B.03 Golden Beach, Miami Springs
3) During this reporting period, how many alternative drug free events were conducted?
(List the names of these events)
4B.04 Bal Harbour, Miami, Miami-Dade
4) During this reporting period, how many meetings with community leaders for the
purpose of identifying neighborhood problems
4B.05 Aventura, Hialeah, North Bay Village, North Miami, North Miami Beach, Opa Locka, Sunny Isles,
Sweetwater, Miami-Dade
5) During this reporting period, how many crime prevention education classes were
presented? (list names of the groups to which these presentations were made)
4B.06 Hialeah, Miami Shores, Miami-Dade
6) During this reporting period, how many individuals were provided crisis intervention or
counseling services?
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 activities include drama and theater activities?
d. Did the center activities include academic tutoring?
e. Did the center activities include table games?
f. Did the center activities include drug awareness and prevention education'} _
g. Did the center activities include sports? (list sporting activities)
4B.08 Miami Shores, South Miami, Surfside
8) During this reporting period, how many security surveys were conducted?
4B.09 Homestead, South Miami, West Miami
9)
During this reporting period how many neighborhood watch meetings were
conducted?
4B.I0 Miami-Dade, West Miami
10) During this reporting period, how many households were provided with Operation ill
services?
Project Narrative
(Please include a brief narrative detailing your progress in meeting your program objectives. )
Miami-Dade County
Community Policing
Resolution R-626-99
Grant HSB420
QIN'VCP
Revised 09/28/98
QUARTERLY PROJECT 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 1 - December 31
January 1 - March 31
April 1 - June 30
July I - September 30
Report Due January 15
Report Due April 15
Report Due June 15
Report Due October 15
1. Total Federal Budget $
2. Amount This Invoice $
(75%)
3. Amount Previous Invoices $
4. Remaining Balance $
(Subtract line, 2 & 3 from Lllle I)
Budget Line Item 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 of 75% 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 records which substantiate the above expenditures. I certify that all of the costs have been
paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized
budget and fall within the contractual scope of services and all of the goods and services have been received for
which reimbursement is requested.
Respectfully submitted,
Chief of Police/Other City Official
Payment Approved, Miami-Dade County
Miami-Dade County
Community Policing
Resolution R-626-99
Grant HSB420
Page 2 of 3
QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll 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 31
January 1 - March 31
April 1 - June 30
July 1 - September 30
Report Due January 15
Report Due April 15
Report Due June 15
Report Due October 15
Officer/Staff Name
Date of Activitv
Tvoe of Activity.
Total Hours
'(Presentation, Parent Meeting, Field Trip, etc.)
TOTAL HOURS
AT$
PER HOUR = $
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $
IS CORRECT.
OFFICER/ST AFF SIGNATURE
OFFICER/STAFF SOCIAL SECURITY #
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
School Principal's Signature
NOTE: Bookkeeping report documenting payroll expenses must be attached to process payment.
Miami-Dade County
Community Policing
Resolution R-626-99
Grant HSB420
Page 3 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 1 - December 3 1
January 1 - March 31
April 1 - 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
TOTAL AMOUNT EXPENSES
NOTE: Copies of all invoices and checks for this request must be attached to process payment.
ATTACHMENT D
Miami-Dade County Affidavits
Attachment D
MIAMI-DADE COUNTI' AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affid3\.its that pertam to UllS
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 OWNERSI-ilP DISCLOSURE AFFIDA VlT~ MIAMI-DADE COlJ1'..'TY EMPLO)1v1E~'T
DISCLOSURE AFFIDA VlT; MIAMI-DADE CRIMINAL RECORD AFFIDA VlT~ DISABILITY NONDISCRIMINATION
AFFIDA VlT; and the PROJECT FRESH START AFFIDA VlT 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 AFFIDA VlT shall not pertain to contracts \\ith 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 mwlicipaliues of the
State of Florida. All other contracting entities or indi,iduals shall read carefully each affidavit to determine wheuler or no! i!
pertains to this contract.
I,
NEISEN KASDIN
Affiant
. being first duly sworn state:
The full legal name and business address of the person(s) or entity contracting or transacting business WiUl Miami-Dade County
are (post Office addresses are not acceptable):
23-09-329871-54C
Federal Employer Identification Nwnber (If none. Social Security)
CITY OF MIAMI BEACH
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (if same as above. leave blank)
1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139
Street Address City State Zip Code
N/A
I.
MIAMI-DADE COill'lTY OWNERSHIP DISCLOSURE AFFIDA VlT (Sec. 2-8.1 of the County Code)
I. If the contract or business transaction is with a corporation. the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly five
percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trusl the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded corporations
or to contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post
Office addresses are not acceptable):
Full Legal Name
Address
Ownership
%
%
%
6/99
Page 1 of5
N/A II.
N/A
6/99
2. The full legal names and business address of any other individual (other than suocontrJClors.
materialmen. suppliers. laborers. or lenders) who have. or will have. any interest (legal. eqwtablc
beneficial or otherwise) in the contract or business transaction with Dade Coun~ are (Post Office
addresses are not acceptable):
N/A
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 (S500.00) or
imprisonment in the County jail for up to si>.1y (60) days or both.
MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDA VIT (Coun~. Ordinance No. 90-133.
Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations. each contract or business transaction or renewal
thereof which involves the expenditure of ten thousand dollars (SI0.000) or more shall require the entity
contracting or transacting business to disclose the following information. The foregoing disclosure requirements
do not apply to contracts with the United States or any department or agency thereof. the State or any political
subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race.
national origin and gender:
White:
Black:
Hispanics:
Males
Males
Males
Males
Females
Females
Females
Females:
Asian:
American Indian:
Aleut (Eskimo):
Males
Males
Males
Males
Females
Females
Females
Females
III.
AFFIRMATIVE ACTION/NONDISCRIMINA TION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30. entities with annual gross revenues in excess of $5.000,000
seeking to contract with the County shall, as a condition of receiving a Count)' contract, have: i) a written
affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in
its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the
entity utilizes to assure that it does not discriminate against minori!)' and women-owned businesses in its own
procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall
provide for periodic review to detennine their effectiveness in assuring the entity does not discriminate in its
employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose
boards of directors are representative of the population make-up of the nation shall be presumed to have non-
discriminatory employment and procurement policies. and shall not be required to have written affirmative
action plans and procurement policies in order to receive a County contract. The foregoing presumption may be
rebutted.
Page 2 of 5
The requirements of County Ordinance No. 98-30 may be waived upon the wnUen recommendation of the
County Manager that it is in the best interest of the County to do so and upon approval of the Board of COUII(\
Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5.000.000
The firm does have annual revenues in excess of $5.000.000: however. its Board of Directors is representau\.e of
the population make-up of the nation and has submitted a written. detailed listing of lIS Board of Directors.
including the race or ethnicity of each board member. to the COWlty'S Department of Busincss Development 1"75
N. W, 1st Avenue. 28th Floor, Miami, Florida 33128.
The firm has annual gross revenues in excess of $5.000.000 and the firm does ha\.e a wnllen affirmauvc action
- plan and procurement policy as described above. which includes periodic reviews to determme cffectivencss.
and has submitted the plan and policy to the County's Department of Business Development 175 N. WI"
Avenue. 28th Floor, Miami, Florida 33128;
The firm does not have an affirmative action plan andlor a procurement policy as described above. but has been
granted a waiver.
N/A
IV.
MIAMI-DADE COUNTY CRIMINAL RECORD AFFlDA VIT (Section 2-8.6 of the COWl~ Code)
The individual or entity entering into a contract or receiving funding from the COWl~. _ has _ has not as
of the date of this affidavit been convicted of a felony during the past ten (l0) years.
An officer, director. or executive of the enti~' entering into a contract or receiving funding from the Coun~' _
has _ has not as of the date of this affidavit been convicted of a felony during the past ten (l 0) years.
N/A
v.
MIAMI-DADE COUNTY CUBA AFFlDA VIT (County Resolutions R-202-96 and R-206-96)
That neither the firm (individual. organization, corporation. etc.) submitting this bid or proposal or receiving this
contract award or any of its owners. subsidiaries. or affiliated or related firms has:
1. engaged in the purchase, transport, importation or participation in any transaction
involving merchandise that:
a. is of Cuban origin; or
b. is or has been located in or transported from or through Cuba: or
c. is made or derived in whole or in part of any article which is the gro\\1h. produce or
manufacture of Cuba;
2. engaged in any transaction in which a Cuban national or the government of Cuba with a Cuban national
or the government of Cuba. or which involves property in which a Cuban national or the govemnient of
Cuba has any interest:
3. been a party to, or had an interest in any franchise, license or management agreement with a Cuban
national or the government of Cuba, or which involves property in which a Cuban national or the
government of Cuba has any interest:
4. had or held any investment, deposit. loan borrowing or credit arrangement or had any other financial
dealings with a Cuban national or t.i~e government of Cuba. or which involves property in which a
Cuban national or the government of Cuba has any interest;
5. subcontracted wiiR purchased supplies from. or performed billing or collection services for any person
or entity that does business with Cuba as provided in "1" through "4" above.
6/99
Page J of 5
xx
VI.
xx
VII.
N/A
VIII.
6/99
6. traveled to Cuba in violation ofU.S travel restrictions dunng the ten year penod precedlllg the due cLlle
for submittal.
MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15
codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County. Florida. the above named
person or entity is providing a drug-free workplace. A written statement to each employee shall inform the
employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug-free environment at all workplaces
3. availability of drug counseling. rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement. as a condition of employment that the
employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later
than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the
employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service
offered by the person or entity make it necessary for the operation of the County or for the health. safety.
welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in
whole or in part by the United States or the State of Florida shall be exempted from the provisions of tlus
ordinance in those instances where those provisions are in conflict with the requirements of those governmental
entities.
MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (CmUlty Ordinance No. 142-91 codified as
Section l1A-29 et. seq of the County Code)
That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County. Florida an employer with
fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more
calendar work weeks, shall provide the following information in compliance with all items in the aforementioned
ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of
family leave during any twenty-four (24) month period. for medical reasons. for the birth or adoption of a child.
or for the care of a child, spouse or other close relative who has a serious health condition without risk of
termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or agency
thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to
municipalities of this State.
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 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, transponation, communications, access to facilities. renovations. and new
construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 10 1-336, 104
Stat 327, 42 U.S.e. 12101-12213 and 47 U.S.e. Sections 225 and 611 including Title I. Employment; Title II,
Public Services; Title III. Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V. Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 V.S.C. Section
794; The Federal Transit Act, as amended 49 U.s.e. Section 1612; The Fair Housing Act as amended, 42 V.S.e.
Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any
Page 4 of 5
department or agency thereof. the State or any political subdivision or agency thereof or any muruclpahl~ of tlll~
State.
N/A IX.
MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRE?-.'TL Y DUE
FEES OR TAXES (Sec. 2-8.l(c) of the County Code)
Except for small purchase orders and sole source contracts. that above named firm. corporation. organization or
individual desiring to transact business or enter into a contract with the County verifies that all delinquent and
currently due fees or taxes -- including but not limited to real and property taxes. utilIty taxes and occupational
licenses - which are collected in the nonnal course by the Dade County Tax Collector as well as Dade County
issued parking tickets for vehicles registered in the name of the firm. corporation. organizauon or mdi,'idual
have been paid.
N/ A X.
PROJECT FRESH START (Resolutions R-702-98 and 358-99)
Any firm that has a contract with the County that results in actual payment of $500.000 or more shall contribute
to Project Fresh Start, the County's Welfare to Work Initiative. However. if five percent (5%) of the firm's work
force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance
benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. the finn may request waiver from the requirements of R-702-98 and R-
358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government
entities. not for profit organizations or recipients of grant awards.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits"
and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all
affidavits that :oot pertaio to this contra1p1 \ '\) _ \ _ ClDI
(5,1 of Affiant) (Date)
-e(L~.e~~
19C\.'1 by
SUBSCRIBED AND SWORN TO (or affirmed) before me this \ ~\
~~~~\\\) f\\\~dt \\J
day of
. lie/She is personally knO\\n to me or has
presented
ro) ~
(Type of Iden .
as identification.
~
(S' gnature of Notary)
~~\oC\q \\)S
(Serial Number)
~\~l~ S\
(print or Stamp of Notary)
~~~'\ eCJ
\\-'Ot).. tl\
(E"..piration Date)
Notary Public - Stamp State of
'\=. \..te'--~
(State)
Notary Seal
i"" ~ Miriam S Castro
*1 *My Commission CC699105
'\,.,..,.". Expires November 30.2001
6/99
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