Safe Neighborhod Parks Program
2001- 25(0'1-1-
..
SAFE NEIGHBORHOOD PARKS BOND PROGRAM
SERIES 05 SPECIFIED/PER CAPITA
AGREEMENT
This Agreement, made this day of ,200_, by and
between Miami-Dade County, a political subdivision of the State of Florida (County) through its
Office of Safe Neighborhood Parks (Office), located at 10710 S.W. 211 Street, Room 109,
Miami, FL 33189, and City of Miami Beach (Grantee) having offices at 1700 Convention
Center Drive. Miami Beach. Florida 33139 states conditions and covenants for the rendering of
Safe Neighborhood Parks Bond project (project(s)) for the County.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of general
obligation bonds for the purpose of fmancing capital improvement programs for certain parks,
beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade County, Florida
enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance; and
WHEREAS, it is necessary 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(s) listed herein have been
identified for reimbursement pursuant to the terms of the Ordinance;
NOW, THEREFORE, the parties agree as follows:
I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render serVices
in accordance with the Brief 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).
II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by
and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation
Grants, Challenge Grants, and Interest Earnings, and the Bond Ordinance, copies of which have
been provided the Grantee by the Office. Without limiting the generality of the preceding
sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, lOB); Breach of
Agreement (Rules, IOB(6) & IIF); Termination (Rules, IIF); Prohibited Use of Funds (Rules,
IOD4); Required Documentation (Rules, lID & 12); Operating Funds (Ord., Sec. 5(b)(I));
Completion of Project and Supplemental Funding (Rules, IOB(15)); and Audits (Ord., Sec. 13 &
Rules, IIA).
III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall
be from June 6. 2005 to June 5. 2008. Failure by the Grantee to complete the project by the
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aforementioned date, unless extended, shall be cause for the County to terminate this Agreement.
N. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under
this Agreement, shall not exceed $28.710.00 unless otherwise amended.
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 REQUIREMENTS & REGULATIONS. 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.
VII. 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 fencing 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.
VIII. INDEMNIFICATION BY GRANTEE.
City of Miami Beach shall to the extent permitted by, and subject to the limitation of
Section 768.2 Florida Statures, 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, demands, 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. 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 of the
County, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and attorney's fees which may issue thereon. City of 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 is this Article shall at all
times be subject to the limitation of Section 768.2, Florida Statutes.
IX. INSURANCE.
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If the Grantee is the State of Florida or an agency or political 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. CNIL RIGHTS. The Grantee agrees to abide by Chapter 11A, Article N ofthe Code of
Miami-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 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 U.S.c., Section 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 Grantee 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 U.S.C. Section 1612, and the
Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or
other firm affiliated with, or related to the 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 was not in violation at the time it submitted its affidavit.
XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami-
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et
al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its contract obligations hereunder.
XII. INDEPENDENT PRN ATE-SECTOR INSPECTOR GENERAL. The County shall have
the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the
services of an independent private-sector inspector general (IPSIG) who may be engaged to
audit, investigate, monitor, oversee, inspect and review the operations, activities and
performance of the Grantee and County in connection with this agreement. The scope of
services performed by an IPSIG may include, but are not limited to, monitoring and investigating
compliance with Agreement; project costs; and investigating and preventing corruption and
fraud.
The IPSIG may perform its services at all levels of the contracting 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.
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Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all
requested records and documents available to the IPSIG for inspection and copying. The IPSIG
shall have the right to examine all documents and records in the Grantee's possession, custody or
control which in the IPSIG's sole judgment pertain to performance of the Agreement, including
but not limited to original estimate files, bid and change order estimates, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and suppliers, all
project-related correspondence, memoranda, instructions, financial documents, construction
documents, bid and agreement documents, back-charge document, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
The 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 to conduct an audit
or investigate activities. The provisions of this section are not intended nor shall they be
construed to impose any liability on the County by Grantee or third parties.
XIII. OFFICE OF THE MIAMI-DADE INSPECTOR GENERAL. Pursuant to Ordinance No.
97-215, 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 order.
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 IG shall have the power to retain 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 agreement 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 under Section XI "Independent Private-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.
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Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are not intended, nor shall it be construed to
impose any liability on the County by the Grantee or third parties.
XN. 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 (I) of the Agreement and written notice addressed to the Grantee and mailed
(certified/return receipt) of 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 agent or
instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents
or employees of the County.
XVI. TERMINATION If the Grantee 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 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, 11 F).
XVII. MISCELLANEOUS.
A. Governing Law. The Grantee agrees to comply with all applicable federal, state and
county laws, rules and regulations which are incorporated by reference or fully set
forth. This Agreement is made in the State of Florida and shall be governed
according to the laws of the State of Florida. Proper venue for this Agreement shall
be Miami-Dade County, Florida.
B. Modifications. Any alterations, variations, modifications, extensions or waivers of
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.
C. C. Counterpart. This Agreement is signed in ~ counterparts, and each counterpart
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. E. Agreement Contact. The County's representative for this agreement is Vernita G.
Thomas, Director - Office of Safe Neighborhood Parks. The Grantee's
representative for this agreement is: t::=-Ar-H lb.. 6r<:.C-~S.1 <PI i'L..e<..::To(( ol'S ,::J\
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(Name and Title).
F. 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 ofthis Agreement.
G. Subcontracts. Any subcontracts written under the provisions of the Ordinance
(Sections 5 (b) (5) and 8 (c)) requirepriorreview and written approval of the County.
H. Totality of Agreement / Severability of Provisions. This JL 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:
. Attachment 1: Miami-Dade County Affidavits
Attachment 2: Public Entity Crimes Sworn Statement
Exhibit 1: Approved Project(s) 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
seal the day and year first above written.
CITY OF MIAMI BEACH
A Municipal corporation in the
State of Florida
ATTEST
By.16~ f~
(Corporate Seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
l-/~--d)
Date
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MIAMI-DADE COUNTY
A political subdivision ofthe
State of Florida
Assistant County Attorney
George M. Burgess, County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
Deputy Clerk
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2005 Specified/Per
Capita
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EXHIBIT 1
11
DISTRICT ~
IINorth Shore Open Space Park
Miami Beach
Fixtures, Furniture and Equipment.
BUDGET ITEMS
PLANNING
DESIGN
PROJECT ADMINISTRATION
PRE-AGREEMENT SOFT COSTS
LAND/SLDG ACQUISITION
Fiscal Year
2005-2008
CONSTRUCTION
01
I
28,7101
I
I
I
TOTAL CONSTRUCTION
ART ALLOWANCE (Miami-Dade Only)
FIXTURES, FURNITURE, EQUIPMENT
OTHER COSTS
28,7101
EXPENDITURE TOTALS
Remarks
R-391-05; Minutes of 9/14/04. FF&E approved with application: 25 vandal-resistant grills, 10 trash receptacles and
28 picnic tables.
ATTACHMENT 1
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/ A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it 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.
I, Jorge M.Gonzalez
Affiant
, being first duly sworn state:
The full legal name and business address of the person(s) or entity contracting or transacting business with
Miami-Dade County are (Post Office addresses are not acceptable):
59-6000372
Federal Employer Identification Number (If none, Social Security)
N;m~ ~t E~trty :I~Ji~i~u~(s), P~ers, or Corporation
Doing Business As (if same as above, leave blank)
1700 Convention Center Drive. Miami Rpi'lr.n FT. 1111q
f:tree ddress City State ' Zip Code
, . 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code)
1. 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 trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
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Full Legal Name
Address
Ownership
%
%
%
2. The full legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, 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.
MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure often thousand dollars ($10,000) or more shall require
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
AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 ofthe 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 County 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 minority
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 determine 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.
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The requirements of County Ordinance No. 98-30 may be waived upon the written 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 County 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
representative of the population make-up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
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. 1st 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.
MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County _ has -
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County _ has _ has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No,
92-15 codified as Section 2-8.1.2 ofthe 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 this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
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MIAMI-DADE EMPLOYMENT F AMIL Y LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section l1A-29 et. seq ofthe 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, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title 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
U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any polItical
subdivision or agency thereof or any municipality of this State.
MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2-8.1(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 all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
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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 firm 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.
DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At 11A-60 Et. Seq. of the
Miami-Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99-5, codified at 11A-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 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 do not pertain to this contract.
By:Jj,......i;t.i I~ :2., J ~~ o?t..\1S
o (Si ature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this dU7 day of I. L/y
200,2 by Jcnge H. GonZQ/~L.-
. He/She is })ersonally
-
as identification.
known to me or has presented
- (Type of Identification)
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(Signature of Notary)
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(Serial Number)
(Print or Stamp of Notary)
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1Expiratibn Date)
Notary Public - Stamp State of plor/do,
(State)
Notary Seal
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ATTACHMENT 2
SWORN STATEMENT 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
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OAmS
1. This sworn statement is submitted to Miami-Dade County
by Jorge M. Gonzalez, City Manager
(print individual's name and title)
fur City of Miami Beach
(print Name of entity submitting sworn statement)
whose business address is 1 7 0 0 Con v e n t ion C en t ern r i v P., M i rI m iRe a c h, F L
zip Code: 33139
and if applicable its Federal Employer Identification Number (FEIN) is 59 - 6 000372
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication 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 !Jf guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or 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 knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
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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 who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate 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 Hearings 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 copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF TillS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT TillS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN TillS FORM.
-go (sC:rscs
Sworn to and subscribed before me this :;J (p day of Ju / ~
Personally known L Jorge H GCII7e.o k 2.-
OR Produced Identification Notary Public - State of
My commission expires
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(Type of Identification)
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(Printed typed or stamped commissioned name of notary
public)
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