HomeMy WebLinkAboutReso 98-105
RESOLUTION NO. 98- \ 'O~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
VEHICLE LEASE AGREEMENT WITH MIAMI-DADE
COUNTY; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LEASE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission wishes to lease two used mini-vans from Miami-Dade
County at a cost of $1; and
WHEREAS, the City Manager has recommended the proposed agreement and the City
Attorney has approved as to form;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Manager is hereby authorized to enter into a lease agreement on
substantially the same terms and conditions as set forth in the lease attached as Exhibit "A".
Section 2. Should any material changes be made, the City Manager shall bring the lease
before the Commission for further review and consideration.
THIS RESOLUTION SHALL BE EFFECTIVE UPON AD PTION, this 17th day of
December, 1998.
ayor
ATTEST:
rt?~~~M~
Richard Brown-Morilla, City Clerk
~.,._...~.
Minibus lease. res
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: ') -0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
Minibus lease. res
~(Y es)
---BYes)
V (Yes)
1~Yes)
---.t.L(Y es )
Moved by: ~..........I~
Seconded by: ~~
_(No)
_(No)
_(No)
_(No)
_(No)
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VEHICLE LEASE AGREEMENT
This Agreement, made this day of ,199,
by and between Miami-Dade County, a political subdivision of the State
of Florida (hereinafter referred to as the "County") through its
Miami-Dade Transit Agency (hereinafter referred to as "MDTA"), located
at 111 N.W. First Street, Suite 910, Mictmi, Florida 33128-1912, and
the City of Sunny Isles Beach, having offices at 17070 Collins Avenue,
Suite 250, Sunny Isles Beach, Florida 33160 (hereinafter referred to as
the "Provider") states conditions and covenants for the lease of two
County-owned vehicles from the County.
WIT N E SSE T H:
WHEREAS, the Home Rule Charter authorizes Dade County to provide
for the uniform health and welfare of the residents throughout the
County and further provides that all functions not otherwise
specifically assigned to others under the Charter shall be performed
under the supervision of the County Manager; and
WHEREAS, the Provider provides or will develop services of value
to the County and has demonstrated an ability to provide these
services; and
WHEREAS, the Provider is desirous of providing certain
transportation services; and
WHEREAS, the County is desirous of assisting the Provider in
providing those services by leasing the Provider two (2) County-owned
vehicles;
NOW, THEREFORE, in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I.
INTENT AND PURPOSE
This Agreement constitutes a lease and not a sale of the Vehlcles
described in Article IV, Equipment. The purpose of this Agreement is
to effectuate a lease of two (2) County-owned vehicles from the County
to be used by the Provider solely for purposes described in the Scope
of Services incorporated herein and attached hereto as Attachment A.
The Provider agrees to render services in accordance with the Scope of
Services, Attachment A.
II.
EFFECTIVE TERM
Both parties agree that the effective term of this Agreement shall be
for a two (2) year period, commencing on the date of execution, for the
total annual sum of One Dollar and No/100 ($1.00) per vehicle payable
in advance to the Miami-Dade Transit Agency at the address first
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written above. By written amendment to this Agreement, the County
Manager may in his/her sole discretion allow the Provider to retain the
Vehicles by extending the term of this Agreement for a period not to
exceed three (3) additional years, in one (1) year increments, as long
as the Provider continues to provide the service described in the Scope
of Services, Attachment A, or another service that the County Manager
determines to be of value to the County. If so extended, all terms and
conditions of this Agreement shall be in full force and effect. If the
Provider disbands, becomes defunct or in any way ceases to exist or if
the Provider ceases to provide the service described in the Scope of
Services or another service of value to the County as described above,
or if this Agreement is terminated by the County, the provider, or
agreement of the parties, the Provider shall immediately return the
vehicles to the County. In the event the Provider fails to immediately
return the vehicles, the County shall have the right to immediately
repossess the vehicles.
III.
TITLE AND CONTROL
The County hereby warrants to the Provider that the County holds title
to the Vehicles. The Vehicles certificates of title shall remain in
the name of the County. The Provider shall be responsible for
inspections, licensing and procurement of a registration and license
tag in accordance with applicable State of Florida and local laws.
IV.
EQUIPMENT
The Vehicles leased hereunder will be County-owned vehicle number
16304, Vehicle Identification Number 2B7KB31Z4RK581886 and vehicle
number 16301, Vehicle Indentification Number 2B7KB31ZXRK581875. The
Provider will not change the identification numbers of the Vehicles.
v.
INDEMNIFICATION BY PROVIDER
The Provider shall indemnify and hold harmless the County and its
officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of
defense, which the County or its officers, employees, agents or
instrumentalities may suffer as a result of claims, demands, suits,
causp-s of actions or proceedings of any kind or nature arisina out of,
relating to or resulting from the performance of this Agreement by the
Provider or its employees, agents, servants, partners, principals,
subcontractors, invitees, passengers or any other person or entity.
Provider shall pay all claims and losses in connection therewith an
s~all 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 issues thereon. Provider expressly
understands and agrees that any insurar.ce protection required by this
Agreement or otherwise provided by the Provider 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.
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VI.
INSURANCE
1.
Modification and Changes
The Provider shall notify the County of any intended changes in
insurance coverage, including but not limited to any renewals of
existing insurance policies. Upon review of the Provider's Scope of
Services (Attachment A) by the County's Risk Management Division, the
County may increase, decrease, waive or modify any of the following
insurance requirements. Any request by the Provider to decrease, waive
or modify any of the following insurance requirements must be approved
in writing by the County's Risk Management Division.
2.
Minimum Insurance Requirements: Certificates of Insurance
The Provider shall furnish to Miami-Dade County, c/o Contracts
Management Division, 111 N.W. First Street, Suite 2130, Miami, FL
33128-1912, Certificate(s) of Insurance indicating that insurance
coverage has been obtained which meets the requirements as outlined
below:
a. Worker's Compensation Insurance for all employees of the
Provider as required by Florida Statute 440.
b. Public Liability Insurance on a comprehensive basis in an
amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage. Dade
County must be shown as an additional insured with
respect to this coverage.
c. Automobile Liability Insurance covering all owned,
non-owned and hired vehicles used in connection with the
Services, in an amount not less that $300,000 combined
single limit per occurrence for bodily injury and
property damage.
3.
Classifications and Ratings
rhe insurance coverage required shall include those classifications, as
listed in standard liability insurance manuals, which most nearly
reflect the Services or operations described ln the Scope ot Services
\Attachment A). All insurance policies required above shall be issued
by companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The company must be rated no less that "B" as to management,
and no less than "Class V" as to financial strength by the
latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, subject
to the approval of the County Risk Management Division.
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The company must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida",
issued by the State of Florida Department of Insurance and
are members of the Florida Guaranty Fund.
Certificates of Insurance shall indicate that no modification or change
in insurance shall be made without thirty (30) days written advance
notice to the certificate holder.
4.
Failure to Provide Certificates of Insurance
If the Provider fails to furnish the Ccunty with the Certificates of
Insurance or written verification required under this section or as
determined by the County's Risk Management Division after review of the
Scope of Services (Attachment A), the County shall not release any
vehicle until it is provided with the necessary Certificates of
Insurance or written verification. Failure to provide the Certificates
of Insurance or written verification within sixty (60) days of
execution of this Agreement may result in termination of this
Agreement.
VII.
PROOF OF LICENSURE AND CERTIFICATION; COMPLIANCE WITH
APPLICABLE LAWS, REGULATIONS, RULES AND/OR ORDINANCES
If the Provider is required by the State of Florida or Miami-Dade
County to be licensed or certified to provide the services outlined in
the Scope of Services (Attachment A), the Provider shall furnish a copy
of all required current licenses or certificates to the County prior to
release of the Vehicles to the Provider. ~xamples of services or
operations requiring such licensure or certification include but are
not limited to child care, day care, nursing homes, boarding homes.
If the Provider fails to furnish the County with the licenses or
certificates required under this Section, the County shall not release
the Vehicles until it is provided with such licenses or certificates.
Failure to provide the licenses or certificates within sixty (60) days
of execution of this Agreement may result in termination of this
Agreement.
The Provider shall ensure compliance with all applicable Federal,
State, and local laws, regulations, rules and ordinances.
VIII.
WARRANTIES
Exc~9t with respect to title, the County makes no representations or
wurranties of any kind respecting the Vehicles, whether statutory,
wri~ten, oral or implied, and the County has not made and does not
her~by make, nor shall it be deemed by virtue of having leased the
Vehicles pursuant to this Agreement to have made any representation or
warranty as to the merchantability, fitness for a particular purpose,
design or condition of, or as to the quality of the workmanship in the
Vehicles all of which are expressly disclaimed and the County shall not
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be liable, in contract, tort or otherwise, on account of any defect,
whether hidden, latent or otherwise discoverable or nondiscoverable
respecting the Vehicles. The Provider accordingly agrees not to assert
any claim whatsoever against the County based on any such defect. The
Provider further agrees, regardless of cause, not to assert any claim
whatsoever against the County for loss of anticipatory profits or
consequential damages.
IX.
MAINTENANCE, INSPECTIONS REPORTING AND MODIFICATIONS
The Provider and County agree that maintenance of the Vehicles is the
sole responsibility of the Provider. The Provider shall comply with
all the County's maintenance programs and maintenance schedules, at its
own cost and expense, as outlined in Attachment D, and employed as of
the date hereof by the County for similar equipment. The Provider
shall use the Vehicles only in the man~er for which designed and
intended and so as to subject them only to ordinary wear and tear.
The Provider agrees to perform or cause to be performed, at its sole
expense, any additional maintenance deemed necessary by the County.
This includes, but is not limited to, revisions in maintenance
schedules, longer term schedules which may become due while the
Vehicles are in the Provider's possession, and special maintenance
projects. Such additional maintenance shall be reasonable and in
keeping with good maintenance practice.
Nothing in this Agreement or County maintenance program shall be
construed as limiting the obligation of the Provider, at its own cost
and expense, to maintain and service tbe Vehicles in accordance with
prudent industry practice, including testing and repair of the Vehicles
so that the Vehicles will remain in as good operating condition as when
delivered (ordinary wear and tear excepted), and in compliance with any
and all applicable laws and regulation3, and suitable for immediate use
by the County upon return delivery, pursuant to Article XII. In no
event shall the Vehicles be maintained or scheduled for maintenance on
a basis less frequent than the maintenance as outlined in Attachment D.
The Provider shall provide, at its sole expense, any and all additional
maintenance which in its judgment becomes necessary.
If the Provider does not maintain or repair the Vehicles or pay all
operating expenses as this Agreement requires, the County may terminate
th~_ s Agreement.
The County reserves the right to suspend the use of the Vehicles by the
Provider and terminate this Agreement where the County has determined
such suspension is in the best interest of the health, safety and
welfare of persons and property.
Upon expiration or termination of this Agreement, the Provider shall
provide the County with all records of maintenance activities.
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X.
ASSIGNMENT
The Provider shall not sublease, rent, assign, transfer, grant a
security interest or encumber the leasehold interest in, or otherwise
transfer Provider's interest in a way that affects Provider's
possession or use of the Vehicles under this Agreement without the
prior written consent of the County. The Provider shall not, without
the prior written consent of the County, part with the possession or
control of, or suffer or allow to pass out of its possession or contyol
the Vehicles, except for repairs or maintenance by outside contractors.
XI.
USE
Operation of the Vehicles is the sole responsibility of the Provider
and Provider agrees that the Vehicles shall be operated in accordance
with all applicable laws, ordinances, rules and regulations. The
Provider agrees that it will not:
a. allow unlicensed drivers to drive the Vehicles.
b. use or allow the Vehicles to be used illegally, in the
commission of a crime, or contrary to the provisions of
any applicable insuran~e policy or law, regulation, rule
or code.
c. use or allow the Vehicles to be used improperly, to tow
any trailer or other vehicle, drive in any race or speed
test or contest, or to be used for hire.
d. remove the Vehicles from the United States.
e. alter, mark or install equipment in the Vehicles without
the County's written consent.
f. expose the Vehicles to seizure, confiscation, forfeiture,
or other involuntary transfer, regardless of whether the
vehicle was the subject of formal judicial or
administrative proceedings.
g. transport any property deemed hazardous by reason of
being flammable, explosive, fissionable or corrosive; or
any contraband material.
h. load the Vehicles beyond the manufacturer's stated
passenger and weight capacity.
XII.
DELIVERY AND RELEASE
The County will cause the Vehicles to be tendered to the Provider at
MDTA Coral Way Facility, 2775 S.W. 74 Avenue, Miami, Florida, 33155.
Prior to delivery and release of the Vehicles to the Provider, the
Provider shall independently inspect the Vehicles and make a
determination that the Vehicles are fit for the purposes for which the
Provider intends to use such vehicles. After inspection and prior to
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delivery the Provider shall sign a release so stating. The Vehicles
will then be jointly inspected by the County and the Provider
immediately prior to release to the Provider. Delivery and acceptance
of the Vehicles shall be deemed to OC2ur only upon execution by the
County and the Provider of an Inspection and Delivery Certificate with
respect to such Vehicles, substantially in the form attached as Exhibit
1 hereto. The Provider agrees that it is accepting the Vehicles as is
and acknowledges that they are used vehicles.
On expiration or termination of this Agreement such Vehicles will be
jointly inspected immediately upon its return to the County by the
Provider. The Provider shall deliver the Vehicles in the same or
better condition as when delivered to the Provider, ordinary wear and
tear excepted, and the County and the Provider shall execute a similar
Inspection and Delivery Certificate as aforesaid. In the event that
the Provider shall return the Vehicles to the County in a condition
which is not in the same condition as delivered, ordinary wear and tear
excepted, the Provider at its sole cost and expense shall make all
required repairs.
XIII.
RISK OF LOSS
The Provider will have the risk of loss of the Vehicles once it takes
possession of the Vehicles and shall remain liable as provided in this
Agreement until such Vehicles are returned, inspected and accepted by
the County.
XIV.
ACCIDENTS, LOSS OR DAMAGES
In the case of accidents or other loss or damage to or involving the
vehicles, the Provider shall:
a. immediately notify the County of any accident involving
bodily injury or property damage.
b. complete and file with the County a written accident
report within three (3) days of the accident or loss.
c. cooperate fully with the County, its agents or
representatives in all accident investigations and or
settlements.
d. compensate the County for any and all monetary losses in
case of accidents or other loss or damage, or, at the
County's sole option, allow the Provider to repair any
and all damage as specified by the County.
xv.
COUNTY INSPECTIONS
The Provider agrees to allow the County to inspect the vehicles at any
reasonable time and place. The Provider hereby grants to the County
the right to enter upon the Providers facility insofar as may be
necessary to enable the County to verify compliance with all aspects of
this Agreement, including without limitation, conducting inspections,
studies, surveys or investigations related to this Agreement. The
Provider shall immediately remedy any item found not to be in
r,",m:,l i r1~("''''' '.,~ t-h t-hi ~ .2l.gn::.ement: unless the Countv aarees in writina to
allow the Provider additional time for compliance.
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If the defect or deficiency posses a danger, the Provider shall not use
the Vehicle until the defect or deficiency is repaired.
XVI.
CONFLICT OF INTEREST
The Provider agrees to abide by and be governed by 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.
XVII.
CIVIL RIGHTS
The Provider agrees to abide by Chapter 11A, Article IV of the 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 Act of 1975, 42 D.S.C., as
amended, which prohibits discrimination in employment because of age;
Section 504 of the Rehabilitation Act of 1973, 29 D.S.C. ~ 794, as
amended, which prohibits discrimination on the basis of disability; and
the Americans with Disabilities Act, 42 D.S.C. ~ 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 D.S.C. ~ 1612, and the Fair Housing Act, 42
D.S.C. ~ 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
thp ('onnty, sHch C":ontract shall be voidable by the County. even if the
Provider was not in violation at the time it submitted its affidavit.
XVIII.
NOTICES
A~y request, demand, authorization, direction, notice, consent, waiver
or other document proved or permitted by this Agreement to be made
upon, given, furnished or filed with a party by the other party to this
Agreement shall be delivered by hand or sent by certified mail, return
receipt requested, and addressed as follows:
If to the County:
Danny Alvarez, Acting Director
Miami-Dade Transit Agency
111 N.W. 1st Street, Suite 910
Miami, FL 33128-1999
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If to the Provider:
Jim Dipietro, City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Either party to this Agreement may redesignate the recipient or change
the address of the recipient of notifications hereunder by notifying
the other party to the Agreement to such change in writing.
XIX.
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 support in the form of lEased vehicles and is not an agent
or instrumentality of the County. Furt~ermore, the Provider's agents
and employees are not agents or employees of the County.
xx.
BREACH OF AGREEMENT: COUNTY REMEDIES
1.
Breach
A breach by the Provider shall have occurred under this Agreement if:
a. the Provider fails to provide the services outlined in
the Scope of Services (Attachment A) within the effective
terms of this Agreement;
b. the Provider ineffectively or improperly uses the County
funds allocated or any vehicle provided under this
Agreement;
c. the Provider does not furnish the Certificates of
Insurance required by this Agreement or as determined by
the County's Risk Management Division;
d. the Provider does not furnish proof of licensure or
certification required by this Agreement;
e. the Provider does not submit or submits incomplete or
incorrect required reports;
f. the Provider refuses to allow the County access to
records or to the Vehicles or refuses to allow the County
to monitor, evaluate and review the Provider's program;
g. the Provider discriminates under any of the laws outlined
in this Agreement;
h. the Provider falsifies or violates the provisions of the
Drug Free workplace Affidavit;
1. the Provider attempts to meets obligations under this
Agreement through fraud, misrepresentation or material
misstatement;
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2 .
] .
the Provider fails to correct deficiencies found during a
monitoring, evaluation or review within the specified
time;
k.
the Provider fails or refuses to return the County-owned
vehicles and all items of capital improvement in the same
condition as received at the beginning of this Agreement
except ordinary wear and tear; or
1.
the Provider fails to fulfill in a timely and proper
manner any and all of its obligations, covenants,
agreements and stipulaticns in this Agreement. Waiver of
breach of any provisions of this Agreement shall not be
deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this
Agreement.
the Provider fails to maintain the Vehicles as required
by this Agreement.
m.
n.
the Provider violates any term of this Agreement.
County Remedies
If the Provider breaches this Agreement, the County may pursue any or
all of the following remedies:
a. The County may 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 termination. In the event of
termination, the County may: (a) request the return of
the County-owned vehicles leased under this Agreement;
(b) seek reimbursement of County funds allocated to the
Provider under any other contracts entered into between
the County and the Provider; (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 costs associated with such
termination, including attorneys' fees;
b. The County may seek enforcement of this Agreement
including but not limited to filing an action with a
court of appropriate jurisdiction. The Provider shall be
responsible for all direct and indirect costs associated
with such enforcement, including attorney's fees;
c. The County may debar the Provider from future County
contracting;
d. If, for any reason, the Provider should attempt to meet
its obligations under this Agreement through fraud,
misrepresentation or material misstatement, the County
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shall, whenever practicable terminate this Agreement by
giving written notice to the Provider of such termination
and specifying the effective 1ate therefore at least five
(5) days before the effective date of such termination.
The County may terminate cr cancel any other contracts
which the Provider has with the County. The Provider
shall be responsible for 211 direct and indirect costs
associated with such termination or cancellation,
including attorney's fees. Any individual or entity who
attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material
misstatement may be debarred from County contracting for
up to five (5) years;
e. Any other remedy available at law or equity.
The County Manager is authorized to terminate this Agreement on behalf
of the County.
3.
Damages Sustained
Notwithstanding the above, the Provider shall not be relieved of
liability to the County for damages sustained by the County by virtue
of any breach of the Agreement, and the County may withhold any
payments to the Provider which may be owed pursuant to any other
agreement between the Provider and the County until such time as the
exact amount of damages due the County is determined. The County may
also pursue any remedies available at law or equity to compensate for
any damages sustained by the breach. The Provider shall be responsible
for all direct and indirect costs associated with such action,
including, but not limited to, attorney's fees.
XXI.
TERMINATION BY EITHER PARTY
Both parties
party hereto
,:erminate at
termination.
Agreement on
agree that this Agreement may be terminated by either
by written notice to the other party of such intent to
least sixty (60) days prior to the effective date of such
The County Manager is authorized to terminate this
the behalf of the County.
XXII.
RECORDS, REPORTS, AUDITS, MONITORING AND ~~E"'vj
1.
Progress Reports
The Provider shall furnish the County with written quarterly progress
reports on the achievement of its goals as outlined in its Scope of
Services (Attachment A). The reports shall explain the Provider's
progress including comparisons of actual versus planned progress for
that quarterly period. The data should be quantified when appropriate.
Said reports are due by the 25th day of the month following the end of
each quarter. A final report shall be due thirty (30) days after the
expiration or termination of this Agreement.
The Provider shall provide the County an Annual Operating Report, on
forms to be provided by the County, no later than July 1st of each
year.
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2.
Final Report
Upon the expiration or termination of this Agreement, the Provider
shall submit a final report to the County no more than thirty (30) days
after the expiration or termination of this Agreement.
3.
Audit and Inspection of Records
The Provider agrees that the County, MDTA, the Comptroller Genera: of
the united States, or any of theiL' duly authorized representatives,
shall, for the purpose of audit and examination be permitted to inspect
all work, materials, payrolls, and other data and records with regard
to this Agreement, project, and to audit the books, records, and
accounts with regard to this Agreement. Further, the Provider agrees
to maintain all required records for at least three years after the
County makes final payments and all other pending matters are closed.
XXIII.
PUBLICITY
By the acceptance of the Vehicles, the Provider agrees to ensure that
all publicity, public relations, and advertisements recognize the
County for the support of its services. The use of the official County
logo, colors or name on the vehicles is not permissible.
XXIV .
SUB-CONTRACTS
The parties agree that no assignment or sub-contract will be made or
let in connection with this Agreement without the prior written
approval of the County which shall net be unreasonably withheld, and
that all sub-contractors or assignees shall be governed by the terms
and conditions of this Agreement.
xxv.
AGREEMENT GUIDELINES
The Provider agrees to comply with all applicable federal, state and
county laws, rules and regulations, which are incorporated herein by
reference or fully 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.
XXVI .
MODIFICATIONS
Any alterations, variations, modifications, extensions or walvers of
provisions of this Agreement including but not limited to amount
pcyable and effective term shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and
attached to the original of this Agreement.
The County Manager is authorized to make modifications to this
Agreement as described herein on behalf of the County.
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XXVII .
TOTALITY OF AGREEMENT/SEVERABILITY OF PROVISIONS
This 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:
Exhibit 1:
Scope of Services
Miami-Dade County Affidavits
State Public Entities Crime Affidavit
Maintenance
Inspection and Delivery Certificate
No other Agreement, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or bind any of the parties
hereto. If any provision of this Agreement is held invalid or void,
the remainder of this Agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and requirements
of applicable law.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective and duly authorized officers the day and year
first above written;
ATTEST:
CITY OF SUNNY ISLES BEACH
a Municipal Corporation of
the State of Florida
By:
By:
JIM DIPIETRO
CITY MANAGER
ATTEST:
DADE COUNTY, a political
subdivision of the State
of Florida
HARVEY RUVIN, CLERK
By Its Board of County
Commissioners
Ey:
By:
DEPUTY CLERK
M.R. STIERHEIM
COUNTY MANAGER
Approved by County Attorney as
to form and legal sufficiency.
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Attachment A
AGREEMENT PROGRAM NARRATIVE
Section I: General
Name of Organization: City of Sunny Isles Beach, Florida
Address: 17070 Collins Avenue, Suite 250, Sunny Isles
Phone Number: (305) 947-0607
Contact Person: Jim Dipietro, City Manager
Agreement Amount: Not Applicable
Agreement period: Two (2) years from date of execution plus three
(3) one year renewal options
Section II: Narrative
Describe the organization's goal:
To provide innovative route deviation, convenient, reliable,
cost-efficient, ADA accessible, local, transportation for the
residents and visitors of the City of Sunny Isles Beach.
Describe what is proposed for the vehicle:
The vehicles will be utilized to provide its citizenry and visitors
with an inside city loop four (4) days a week and the fifth day to
provide transportation to the local mall and special events.
Describe how those services meet County government mandate:
Miami-Dade County's Home Rule Charter directs county government to
provide health, education and welfare services to its citizenry.
In addition, Miami-Dade County in its role as the Community
Transportation Coordinator (CTC), is charged under Section 427 F.S.
with providing cost-efficient transportation to the disadvantaged
(elderly, disabled, children-at-risk). Approximately 70% of the
population of Sunny Isles Beach are senior citizens who do not, or
should not be driving. Among these residents, and visitors, are
frail and/or disabled individuals who have difficulty accessing a
vehicle that is not handicapped accessible. The vehicle used to
provide the new innovative local circulator service, will have a
ramp to facilitate the boarding of the disabled and elderly.
The use of this vehicle will offer additional transportation options
to the transportation disadvantaged, and will reduce the number of
costly ADA paratransit trips.
11/13/1998 13:48
~age ~
305-9474386
SUNNY ISLES BEACH PAGE 02
Attachment A
Describe how your organization will do ~utreach and public
awareness:
o M.et with cammunity and condo associations leaders to announce the
new service.
o Place announcements of the .ervice in local newspapers
o Place announcements of the service ~n literature circulated by
condo and apartment associations
o Park the vehicle ~t the local mall, so that residents have the
opportunity to see it, and board it, prior to the implementation
of service.
o Design a poster with a picture of tAe vehicle and the schedule,
and display it in local bus shelters, the library, building
lobbies, supermarkets, and stores along the aligament.
Section VI: Personnel
Submit an organization chart and identify any positions that are
funded in total or in part (state percentages) by Miami-Dade County_
NA
Submit job descriptions for each position totally or partially to be
funded by Miami-Dade County_ ~A
I understand that while this information represents a performance
proje~tion, I must receive approval from the Miami-Dade Transit
Agency prior to any operational or performance variations.
completing the form
James DiPie~ro
Print Name
(305) 947-C606
Telephone
City Manager
Print Title
11/13/1998 13:48
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305-9474386
SUNNY ISLES BEACH
PAGE 03
A"!:tacp. t.",~;.:.. if
:\'ETRO-DADt: COl!~TY AFFIDAVITS
The cOl1lmclIn~ Il1di'Idu;lI or cnlm' (~o\'e:mlncolill or olhcf\'ISC' shall Indicate: b~ an RX. all Hffil1l\l\s thill pcnalIl Ie I:,is
ccnlr-.JCI Jnd shallllldlcalc b~' an "Nt A" al/ afTidoJ\'IIS Ihnl do nOl pen..llo 10 Ihis c:cmlracl. All blnnk SDacc:s 1111151 be filled
The: METRO-DADE COUN1l' OWNERSHIP DISCLOSL"RE AFFIOA VIT: METRO-DADE COUNTY EMPLOYMENT
DISCLOSURE AFFIDAVlT: ~ETRO~.pADE CRIMINAL RECCFm AFF1DAVli: and DISABILITY NONDISCRIMINATION
AFFtDA VIT shall nOI pl:l'\ilin to contrac:tS with Ihe: Uniled Slalcs or any of ils dcpanrnc:ntJ or a~c:nr;ic.s t1um:or. Ihl! Slate or any
pohliQI subdivision or i1~c:ncy lIu:rcof or :any munic:ipaht,.- of (Jus Slate. The METR~O.-..oE F AMIL Y LEAVE AFFIDA \I1T shall
1101 penaln 10 C;OnlT:aClS ",ilh thc United Slates or :any of its de:panme:nts or agencies Or Ihe Slale of Flonda Dr an:. pohucal
subdi\'lslon or ilgcn~' lhc:r=f: it shall. however. pen.ain to munitipaJitiC".s of thl! Stale of Florida. All olher eOnlractlril; enllUes or
IIldi\'iduals shall t'Cad carefully caeh ;UTIda\'il 10 delemunc: ~'helher or nOI il penains 10 Ihis COnlTill:t.
I.
James DiPietro
A ('fj a nl
. being til$t duly swcm NtC:
The rullleg.Jl narne ill1d busl/1css address of Ihe pr:rsonlSl or e:nlit~ conlrnellng or lr.msacllng business WHit Mclr~Dacic: County arc
(POSI Office addresses arc nol acce:ptable):
65-078-4647
Federal Elnplo~'l:r Ide:H1ticallon Number lIf none. SOCial Sec~n~'l
City of Sunny Isles Beach
Ni\InC of Enll~'. Inclinduo;allsl. Pl'lnnc~. or Corpor;allon
OOlns BUSiness As (If same as abo'.e. JCj)ve blank)
17070 Collins Avenue
Slreet A~drcss
Sunny Isles Beach. FL
City Slale
33160
Zip Code:
METRO-DA.DE COlJ'N"n' DISCLOSURE AFFlOA....rr eSec. 2.11.1 of the Coun~' Code)
i i r tile: COlllract or business lransac:t10n is with. corpot'alion. Ihe full legal name: and business alic1rw shall be
pro\'ldcd ror c.,c:h omc.c:r and dita:\or and each stockholder who hOlds dil'l$lly or inc1irc:ctly rh'c pera:nl lS./o) Dr
Inorc: of Ihe co~ration's stock. If the contract or businc:ss transa~on is ,,'ilh a pannershtp. .he fo~going
infonnaLJon shall be provlaai for ~h panncr. If the CantlCtc;1 or b1.lSincss transaction is ",ilh a lNlL the Nil legal
n:amc ;lnd addRsI shall be prvvidU for each INStCl: and each beneficiary. Thl! foregoing requircmcnl$ shall nat
penain to contr.ll:lI with publicly-tradcd cOI'pOM'llions or 10 c:anlracl.S """h the United States or any depanmenl or
agcncy Ihereof. the Slale or any p:llllical subcli,..ision or agen~.. thereof or any munjcipaJi~' of tNs Sl.1lc. .~IJ such
lIames and ad.dt'cs.5cs arc (Post Office ;ddn::scs are not ac.c:c~"able):
Full LepJ Nlunc
Addn:u
O\\"n,~hip
N{A
%
-/..
%
1/ y.
.. I_~S!I'IIIJ-.\~\I
P:lgc I or S
11/13/1998 13:48
31215-9474385
SUNNY ISLES BEACH
PAGE 04
Thc filII k:;al 1l:JII1CS :ll,d bll5l:ICliS addiCSS of ;)II~ ollll;:r II1dl\ Idu:'ll (olhcr Ihall subcol1(raclors m.llcn:I:1l1CI1.
slIppllers. laborers. or lendcrs) \\ho 1I:1\'c. or \\llIl\:I\C:. an~ II1lerC:Stllc:gJI. l:QulIablc beneficIal or olher\IISc) ,,' Ih.:
COl1tr:'lcl or bUSlncSS lrnnS41l:1I0n \\ 1111 Dadc COllll!) arc I Post Office: :lddrcsscs arc nOI acceplable)
N/A
, An~ pc:~n who \';llfully fails 10 disclose lhe informauon n:quircd hcn:in. or who kno\\ingly di~10~5 false:
in{onnallon in this regard. sh.illl be punished ~ a line of up to fi\'e hundrc4 dollars (SS()() (0) or lInpnsomnent In
the Coun~. jail ror up \0 Sl~ry <"el) d.a~'s 0:- both.
II. ~O-D^DE COU'NTY EMPLOYMENT DISCLOSURE AFFIDAVIT (Cololnry Ordinance No. \)U-Ll:i. Amcnc1ing
SC'C:. 2.M-I: Subseclion (dl(2) of thc COU\ll~ CIXie::).
E~ccpt where precluded by federal or 51:111: iaws or rcl"lalions. ~ch c:ontroct or bWlncss transaclion or rcnc'\\"allhen:cf
w!lIeh ill\'ohes Ihe c~pcndilure of le:n Iho\l..'lo!nd collars ($ I C).()OO) or mOR shall requin: lhe enllt'i conlractmg or
tr:lnsaclin~ business 10 disclose the follOWing ItUonnOlllon. The foregoing disclosure rc:qultcmc:nLS do ""I apply 10
l"~r:'~e;s with the: Uni:c:c1 Sl:lr~s or art'. dC?3.:1lncnl 0:- ;:~ency .hereof. :!'le S13:e or 3n\' pclll:C::! So.l~1\'l5:cn ~r :lgc:'.=::
Ihc:~or or 3n~ In\lnll:ipillil~ of Ihis SLate::.
J.
Oocs ~'our firm ha\'1: a colleclive bargaining agreement ......ilh Its em"lo~'ecs?
y ~ ....x.. III 0
.,
J..
Docs your rirm pro'l.'lde p<tlci hcailh c:1M: benelits fot ils cmplo~'ees'7
..!... Ye:s
No
}
~
3. Pro',ide a CUrTenl bn:ait.down (nu:nbtr of p::rsons) of ~'our firm's work for~ and ownel'!hlp as to r.lct!:. national
origin nnd gender:
While:
Blade:
HispaniCS:
~ Males
~ Males
....l.3.. M a I es
Males
~ Femalcs
4 Fcrnalc:s
_-1. F~m.ales
F~ln.:ll=s
ASIan:
Amenc:.,n Indian:
Aleut tEskilno):
-1.. Males
Males
Males
Males
Females
Females
Females
Fe1T\i11~
[[I, METRO-DADE COUNTY CRlMINAL RECORD AfFTOA VlT cSccllon 2-!l.(1 of .he Coun~' Code)
The indh'idual or emit'.' Cf\lCnng imo a ContraCt or n-c;:,:iving funding from lhc County _ has ...L. has not as of lhe
d.ate of Ilus affid.a\'u been eon'Vt(,:t~ of a fr;:~cmy during the past ten ( Ill) YC3r5.
An officer. director. or execulive of the cnt:ty entering into a contract or l"I:'CI:iving funding from Ihe Coumy _ 1\iiS
.....x.. has not as of the d:au: gf this aJlidavit ba:n con\lu:tcd of a fclon" durine the past ICft ( IIlI )'C:ln.
IV. METRQ..O..oE COUNTY ClJ'BA AFFILlA V1T (Coun~ Resolutions R-2112-YF, and R-20(.-~(,)
ThaI ncuher the firm (individual. organil.iltion. corporalion. etc:.) submilllng this bid or p~pg58l or n:l::e:I,,'ing this
c:onlmC:lllward or lIny of its owners. :oubsicf:,:mcs. or affili.uai or related firms has:
I. engaged in the purchase. lranspon. imponation or pilnic:ipalion in an~' lransaction In\'olvlng Inerc:handise Ihat:
:1. is of Cub..n origin: or
b. is or has bc:r:n lo.::oltc:d in or tran~ponc:d from or through Cuba: or
- ;. .__..l. -- ..-....,_~ ;~ ".I.~I. -r;~ .,""" of a"" "ni"'~ \\.1.1"" or ..... ft....,...... ..-.......,.,. ,n"nu(aClun: of Cuba:
.... '~'I'''W~ WI w~.,....... '" .. 1.......- :.. ,..U.L ".' U _.. I' _.t.... "I.... e'---O'h ,...__..- -
Page: :2 of .5
II v.
I tWit '.~""("'/II" ....11
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SUNNY ISLES BEACH
PAGE 05
::: ":1I;l:\~.:d III all\ Ir;1\1SaCllon III \\ 11Ich a Cuban lliltlon;11 or III~ go\C:rnl11~I11 of Cub:! \\ 1111 ;J Cuban 1\;III00ill or IlIe
go,,: rI1 I 11l:: nl of Cuba. or \\111c:1I10\01\1;5 proj:lcm In \\llIell il ClIb:\11 1I,1I10n..1 or IlIc go\CrnmCnl of Cuba /1,15 ;111\
IIHeres!.
"; been :J pan~ 10. or hJd ~11 11llCrCS1 in al1~' rr"nchisc. 1i~c:n5c or Inu!1:Jgclncnl ~grcCll1cnl \'.ilh :J Cub:!n notional .,r lhe
~''''\'cr'',"f''"' ...r r"~lI ". ....,i,..l, '""nl",'c rm"C"",' in which" r,.,",,," ""';1"1":1' ". Ih(" 1::'''''',..,.",...., ",r ,......." 10..,< ~"\.
Inlcrest:
J, hnd or held an~' in\'cstltlc:nl. de:posll. 10.10 borrowing or credil 8ITi1nge:mc:nl or h;Jd i1n~' olhcr financial d,",lin,s wilh
a Cuban national or the go\cmlncnt of Cuba. or whic:h in'..olvC3 property in which.. Cub.m national or lhe
go\'Cmme:nl of Cuba hils nn~' inlen:5l:
!i, subconrrae:\cd wHh. purchased supplics fro I", or pcrfonncd billing or eottctllon SCMCC3 for anv pc~on or cntll~
lhal docs busincss wilh Cuba liS pro\'ided in -I- lhrou~h .~- above.
(, traveled 10 Cuba In \'iolalion of L',S. lm,,!;1 rcslnc:tions during the: len year penod pl"t'Ccdine Ihe du.c dol,,: (or
submlllal.
v. METRO-DADE EMPLOYMENT DRUG.F'R.EE WORKPLACE AFFlDA VTT (Counry Ordinance No. ~2-l.5 c.odlfied
as SectIon 2-M 1.2 of Ihe Counr:- Codc:l
T'!~2! i!'l ':"I"::'!!'!,,~c \\'11 h Ordir.:!nc:~ No. ')2. I S of the C.,de cf M~I!'t'DC'!it"" D()d~ ("l"un~' Flt'rida.. thl:' '1~W""e ":>lTIcd
penon or cnll~ IS ~lro\'lding a c1ru/!!-frc:e wortplacc. A ",rillcn statemenl 10 each emplo~'ec shall inform UIC emplo)=
ilboul:
1
2.
.'
~.
danger or dnlg ;,busc: In Ihe workplace
lhe firm's poli~ of Inaml3lnin& a drug.free: c::m'lronlne:nt al all wortplace.s
availabiliry of drug counsc:lins. n:h.ablliI3Iicn and cmplo~'= assislanc:.c: programs
penalties Ihat ma~' be imposed upon employees for dn..g O1buSl: \'iOlauons
1 '
~
Thc penon or cnlil)' shalt also require an employee 10 sign a State:ment. as a condition of employment lhallhe elt:plo~c:I:
will abIde: by the lerms and nOli~' Ihe cmploye:r er an", criminal drug cen\'iClion ~urring no later Ihan O\.c (~) cI.a~'!
Ollie:r ~ccl\'lng nOlice or such convlclion Dnd impose appropnale personnel aellon IIgaU\51 lh~ e:mplo~'ec up 10 and
including u:nntnalion.
Compliance: Wllh Ordinance No. ~2-1~ may be \Io'ai\'cd iflhc s~iaJ charactcristia ofllae proeu'l or !W:,,;c.c offercci ~
IIle penon or e:nllty maJLc il no;:cssary for Ihc operauon or lhe Coun~ or for lhe health.. safer.'. we:lf~. c:s:ononuc:
benclILS and well-being of the: pUbli,. Contra~l:i in\"ol\'ing funding whic:h is p~'ided in wholc Dr In pilJ1 by Ihe Uniled
Slales or Ihe: Slale or F1oric!.a shall be c:\cmplcd from Ihe proVisions of Ihis ordinance in those instaIIJ;CS ~hc:n: lhose
pro\'i5Ions arc: in conflict ~Ith the ~\.Ii~mem! of Ihose KO\-emmcntal cnlllies,
\'1. METRO-DADE EMPLOYMENT FAMilY L.EA VE ,A.ffIOA vtT (Counl)' Ordinan" No. lol2-1J I codiIic:d as Sa:tion
II A-2Y ~. ~ of Ihe Counl)' Code)
Then in compliance wilh Ordinan" No, I J2.~ 1 Dr .he Code: Dr MC:lI'tlpolilan Dade: County. Florid&. an cmplo~'cr \\'1111
rirry (~()) or more emplo:-,ccs working in Dad.c Counly for c:;:ach working day during each of rwenr,v (20) or mon:
calendar work w~k.5. shall pravide Ihe: following jnfonnallon in compliane: with all ilems In lhe &foremcnlioned
orainl",:c:
An cmployc:c who has worked ror the above (inn ill least onc (I) ~c.ar shall be cnlilled 10 nine,,' (yel) 4ays of famll~
Ic,a,,'c dunn/!! an~ lwenry-four 12")n1onlh P':riocL ror mc:dic:.al reasons. for the binh or adoplion of a child. or for lhc Qlre
or 1\ dllld. spouse or other c:lose rela!i\'c who has a serious health condilien wnhoul nsk of Icnninalion or clnploymcnl
or cmplo~'cr rCIOIIi,llion,
Page J of ~
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SUNNY ISLES BEACH
PAGE 06
The foregoing rcquJn:~mcnls shall nol penJIn Lo conlracts \\ Ilh the Lnlled SLales or an," depanm::nI or Jgcnc-. thereof.
or Ihe SI:lIe of Flonda or any pollllcai subdivision or agenc~,. Lhereof It shalL ho\\e\"er. penaln 10 munlclpallllcs of LllIS
Slale
\111 DISABILITY NON-DISCRrMINATION AfFIOAVlT (County Resolution R.l85-9S)
ThaI lht atxwe n.amecl firm. cC'lrpcMuicn nr orgaJ\ization is in compHanee with and agre:s 10 c:ontinue to cQml'l~' wIth.
anc1 usun thaI any 5ubl:onlT'3Ctor. Of thild pa.'T)' conU"lletor under this project complies \Vllh all applicable reqlmement.s
of the laws listed below inch.1d.ing. but notlirn.ited 10. Lbo&e pnwisions penaininltO employment. provision of pr,grams
and ser\1C&S. transponation. ccmmwticauons. ~ 10 facilitics. RnDVations. and new c:onswaicn in the follOWlr g
laws: The Amencans with Disabilities Aa of 1990 (ADA). Pub. L. 101.336. IO~ S&al327. ~2 U.S.C. 12101-12213 and
~7 U.S.C. Seaions 225 and 611 including TiUe l. EmplOyment: Title II. Public Services: Tille III. Public
Accorrunodauons and Services Opcrau:d b)' Private Entities; Tille IV. Telc:r:ornmunications: and Tille V. :.!iscellancous
PfO\;sions: The Reh.abi1i~tion Aa of 1973. 29 U.S.C. Sc:cUon 794: The Federal Transit A~ as amendl".I..~ 49 U.S.C.
S=:tion 1612; The Fair Housing Act as amcl1cicd...2 U.S.C. Seaion 3601-3631. The fO~loinl n:qu.i~melll.S ~hall nol
!'ClUin to c:onlnsc::t5 with the United Stales or any d~attment or agency thereof. lhe Slate or any Y;lOlitic.a.l s-.Jbc1ivisie-n or
agen~ thcreof or any munic;pa1iry of lhis Slale.
\111. METRO-DADE COU'NTY REGA.RDrNQ DEl.~QUE}Ioi" AND Ct.l'MENTt. Y DUE FEES OR TAXES (S=:.
2.8 I (e) of Ihe Coun~' Code)
EX~l)t for small ?urchase orc1en and 5ele sown conual:u. tha1 above named finn. cOlllCration.. orgazuz.auon or
inc1lvidual desiring 10 transal:t business or enll:r into a conU'aCl with the Counry venfics t.holl all deLinquenl and
cUrTently due fees or la."ItCS - inc:ludins but nOI limhed to ruJ a.n.cI property ta.:u:s. uuliey t&.us and pccupation.aJ
licenses - which are l:oll=:ted in the normal cou.nc by the Dade County Ta.' Col1~or as well as ~ade County
i5SU~ parking tickets for vehicles rcgisu:red in the rwne of the firm.. corporation.. organizauon or individual h.ave:
beenpaili
IX. WELFARE REFORM WORK PARnCIPA"ON AFFlDAVTT ~l5Dlution R-1206-97)
Any contract or renewal of a contract enu:m:t into based upon a fals.e aftiaavil S\Ibnunc:d pu.rsuant to Rcsohluon
No. R-1206-97 shari be VOidable by the Counry. If any aue:sting entiry violau:l5 the prvv1sion.s of Rcsoh.ltioa
No. R-1206-97 dunnllhe term of any contract with lhe Counry. Lbc contract shaU be voidable by the Counry C"Vcn
if the autsung cnury ~...s not in violation. a! lotu: time h S\lbmine:d the: atrid.aViL
This entity is a nol for profil organization ~i\ing a grant a'W3.rl1 and lhcn:fon: e:'lic:mpt frem lhe
provIsions of RaoluUOl1 No. R-l206-97.
This entity is entering into a professional scrviczs agRI:ment and thcl't:fc~ c:~e:m;1t (rom Lhe: provisions o(
Rcsoluuon No. R-1206-97,
This cnuty docs not have rwc:tty.fivc (2.5) or mo~ emplO')'a::s and lhe:~fo~ i.s e:'l:empl fnim the pl't7Visions
of RcsolutioD No. R-l:L06.97.
ibis entiey docs have: EWenry-flv: (2.5) or mon: em;lloyees. but con~ tn.Wae5S ,ilh lhe COWlry far less
than 5500.000 and lhtRfol'i: ls uempt from the pnMlions of R.c:soluuon No. fl-1206-97.
This entiry docs have twenty-five {2.5' or meR ctn9ioycc:s and clacs condua business WIth lhe County for ~
tow amounl of $500.000 or mOR. TheRrOn:. I hcR'by allest thaI during the letn\ of t.hc conuac:t.. fiw
percenl (.5%1 or mon: of this entity's 1cx::a1 Oaeie County full-time 'Work fOR:: cansistS of or WIll constst 0
individuals who IUiGe in Oade County and who IYvc lost or an about lO lose their c:ash as.sistanCL
bencfiLS (formerly J..id to Fsrnilics wilh Ocpcncl.cnt Chilcln:n or . AFOC.) as I result of the Persona
P.::r:;:-.:;:c:!:=: ~,,:':c 'N=rX C;:r=c;":'..:"Jry Act ef 19% Fl!r-_""~!'!!',:,~_ 'J-_;~ ....,;~ t4id flOC ~laCl': anv e~lstinl
emplo~cc:s In order to comply W1t.h "'C pnMsions of R.eschnion No. R-1206-91
Page ~ of 5
II 'I ~
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SUNNY ISLES BEACH
PAGE El7
This c:nllf' does hayc I\\ent'o.r.,,~ 12~) or more c:ml'lo'..ees and docs conduct buslne:ss with the Coun'" :or a
lotJI .1lt10Unt of S.5OlI.()OO or more. Ho\\"c\cr. I JucSt Ihl1t lhls cnll~' c..nnot mcct the terms of Rf::"'lutaon
No. R-12orl-':17 bv hIring or employing the pcrcent (5%) of its local Dade COlJn~' full-lime work force
from Incil\lduals who resldc tn Dade County ana \' ho ha,,'f: or are about 10 lose cash assl~a.ance benefitS.
Then:fore. Ihls enll~ shall contribute Ule sum cqu.\'a.Ient 10 fifty perc:ent <<50%) of the .'age! Ihal wOldd be
;':~~ '':' r;9'~ ;!~:':~~: ~~G'~, nf ;:5 f.~!t..r~TT'! ,.,.~~~ r:,~~ ~'!~,.,., ,,'" . FItI1."me '"'"1m"", \,..~.. P\""'~III"'" ("'f ....~
entin: term of the conu;act WIth the County, This sum stlall be donated 10 an cmplo~ mcn! tr.uning
program lhal.Ua.ins Dack Counry rcsidc:n~ who have or an about 10 lose .:ash assistance ben~!iL5.
I have carefully reacl this entire five (5) page ~ocl.lmen\ entitled.. "Metro-Dade County Affidavits" a.nd have
indicated by an "X" all affidavits that pertain to this contract and have inclicated by an "N/A" all affidavits that do
not pertain to this contract.
BY~~
(Silna~ of lazlt)
SUBSCRIBED AND SWORN TO (or affirmr;d) before: me th.is \~"- day of
November 13. 1998
(Oatc)
No ,1e..rr\txA2-
1993 b:-
J"o..Me..5 \)',P:e...kD
!i,clShc is pc~on.a.11y known t~ mro or has
p~nt;d
as icienuti..tion.
(Type of Idcnufi\:01uon)
~
~
~ ?~.cQ "'- \~ LCb-QJ=.,.
(Signature: of No .)
C-C,",S~o~3
(Senal Number)
7('.~Q.~ \~~ \'4\er ~\~e""
(Pnnt or Slamp o(Nota1y)
~ I.,) \ "1 .;} '-\ . :;)o~
(E:q:Jlr3UCln DatI:)
Nota.~. Public - Slate: of
~\o......dQl..
(Slate: )
NoW)' Seal
om NOfARYSEAL
PRJSCI1.LA TYt.ElI. W AIJ(.ER
NOTAKY PUBLIC STATE OF FLORIDA
COMN8!lION NO. CC7SSOIi3
MY COMMSlON i;xp. L Y 24 002
Paec S of S
II ,,~
J ..c' 041' ,....'1
11/13/1998 13:48
305-9474385
SUNNY ISLES BEACH
PAGE 08
~
Attachment C
IrWOU ~ tJW:lD allC'n~ Zl7.1J)(JI CII.
P1.DIUDA BT~S, ClB P\.lBL.1C a'l'!T\' c:::aDQ.S
!'MIl J"I;JM IIUn: II!: 8lCJfUl III 'n/:E PUSEJlC:Z or .. -=rrU7 PUlLt!: oa D'DtE. OPPlaJ. jWl'HOIUU:D 1'0 ~1111nu ~nw.
~;. ......... ....__~t' ,.. .n.............. ...,~".'"' .,A ...~...)..... ,...""......"':".. .....
tot Bus Leases
2, "'h _n1 atat_Mt i. .~hu,. by City of Sunny Isles Beach
I~ of anlilY llue.lllln9 .-otn aLaL-..ftLI
whD.. DYaine.. .ddr... i.
17070 Collins Avenue. Suite 250~ Sunny Isles Beach, FL 33160
(t! .ppUcalll.1 IY ...lIenl _loyor ZCSMlH4ClUion ....r CnZlfl is 65-0784647 (It tho
_tiqo ba. no "'XII, iftClvo. tlle aocill _..nil)' ~t C1t VIa inll&"ilh..l 1119/1UI9 tllb II"'II~ a~"-Dtl
1,
"Y - i.
James DiPietro
'pI.... print n... of 1nCl~ieu.l .lqnin;1
and ~ r.l.Uonall1p to dI. entity..... a.tIO".
l.
City Manager
c. Z andar.~ ~t a .~lic _titf crt..- al o.flrad 1ft ..rl;r_pn 217.13)(11 CVI, plorida etatwtea ~ a
"iollll_ ot &111 II~U cr f.~ra1 la. by . ...rlMm WI Ltl r..s-=t- U .,.. directl)' rel.tM5 tD u.
u.naaC'U1III of .tuaia.aa wiLtl any pwtIlic ..,t-it,. or with &II .'eI'OC')' or political .\&tldivili.an of .",. oUlar "LaS. 'U
.:Iou clio WlU... .foAt.... incl\lc!in9. t1U~ not Halted U1. .,., bil!l er llDI\u:aet fO'f.... or ..C'fPi... ~ tie
pro.itW a an)' pabHc: _~i~y or &II .fancy or peUt1=al ~1"illCID or .&ly .U1er .LaY or .r m. Wll~...
.~tM1 &ad "....01..1119 ILDU~N.f., tn,,!!. th. ft. , I:lr ihery , call_iM, r.C*._EUI9, _...haG7' or ..c.adal
~ar.,r..an~~lon,
s. Z ~ra~ ~i -gaDWleted- or -CDnVicf.1Dn- a~ ear1ned 1ft para,r.pn 217.133(11 '~I. ,1.ride .~cu~..
-.s. II fU:ld.in9 of lJ'Ii1l or. CIIIIvlcliyft of . p'J&lUC _\tit)' cr_. w1U1 or .i~n aD .di_oui- or
...ih. in an)' federal or n..~. trhl CIIIUC cf r_rd r.l.~l", "" ct.arv.. ~rOlW9ht IIy u.Lic~t or
iDfo~tlan .rur ~~ly 1. 1919, a. . r.~ll af a ~"ry ..rdict. nan'''t7 trial. or ~trr or . pl.. of ...ilty
aT DOlo CDn~d.r.,
,. I aadera~ ~l an -affiliaca" .. defined in p.r.9r.pn 211.13)(11 (al. f)oride .~tU~.. ..aDa:
1. .A prod_lOr or .__.or af a ,.non _"i~" of . ~Uc: ..,ti\:l' eria. or.
~. M mUqo lllldar tbI _uol af any natural penC3l\ 1ftIo if acti',. ia Ilto -9-' of ttle .t.iqo .. --
.... bee ClDII..iC't.od af . ~Uc _tiel' ceoi... ,.,. ..ra ..rUHn..- '-1.... ~_ .eu"'.I diracwn.
...cuti_. pum.r., alWlrWlGldera. -.10,.-, ~r., and ~u.... are .~i- .. ttle ~_c of
u. .rUl1u... ft. _'....ip tIf Oft. ..,._ ot ~r.a __eit.U~illlJ . _naUiIIIJ "car..e .I.ft ..toIl.r
"',_. or . paoH", er equi......t er iIlGa. ...... penma __ DO~ 'or ,..i.r _rk.~ ...1_ .....r .. e...
1~ .,r_c, .ball tie . priaa laci. au. Ulll.t 0_ ,.r_ CIWIuoh _t.aor ,.r_. .. per_ WIlD
bialfi...,l7 W\ura iD~ I ;oiltt ....CUr.. .i."" a ,.r_ __... I:Iom\ _h:UiI .~ . public ,_tiqr cew. i.II
.1eride dauilllJ tJI. pr_dilllJ )& _1M ~U __ _'earod aft .rU.u.t.a.
1. J _6u.~ u..t . -pIIrllOn- .. 6aUIIIIIlS in .ar.fjl~.ph 217.UJUI '01. '-I.rlde .U.t.I.IUI, _IMI allY ..couell
s-r_ Of antler Ol'9U1S&.s"'r t.M 1... of any nau or of Uw lmiUlS .~,u... wiD eM 1...1....r sa
mur iDw. IllDlS1.o; CDntraet &lid Wl\ic:tl bide or _pvU_ 100 1l1d _ c..n.r.c:u Cor ca. pr..1a1_ or faaGa or
_",1C1aI lel"" . ~UC: lIIr.it,. or tIIl1c:b Dr.DenrS.. U.....CLa ele _..U_ 100 ~~__~ 1llJaS- witoll . ....llc
IIItt.:,. 'It.. U'fa ....rull. 1.Dcl,*. p.:w.. oUI..r.. ~r~r" ..-.~J_. panMU, ...raa.al_r..
...1~. ~n, ..s ..-u -.ho .r. .C't:.~.... b _~~ of ... _c.ley.
11/13/1998 13:48
305-9474386
SuNNY ISLES BEACH
PAGE 09
I
I.
...ed on 1nfoc..tJa" and b.l..t. ~. $~'L.-ent whIch I hlv. ..ek.d balaw is ~rua in ral.~10n to Lh~ entIty
aWbeJttln9 this .wacn '~~".n~. CPl.... indic.t. which ~T.t..ant appli.s.)
x
..i~.t the enti~y .uaaitti~ tni. .worn .~t...nL. no' any officer.. d1rector.....~t1~... p.r~.rs.
IIII.&r-"014e,.. Cllploy..., _--.r.. or "8IlU ....0 ar. '~l"..ln _q_c. 01: cIle Mtlty, IaDf .7 aUiUate
.... ."'- .........
-- --. -~'-"'''J
~..~.~.: ::-:.~~ =-....:.:';~ ...:.:..~
L~~ c=r.vi=t.~ ef _ ~~=lie er.~~:~ :~~ ,~.~!~~~ !- ~1}~ " 2~~~.
_ 21'1. _tity alltaitUft9 tIIh .warn .u~t. or on. of 8OC. of th. orh_cl. ".ir~rl. _ecuu..s.
pIltUleca, ....reho1deu. _plo,,,,, __u, Of '9Me.. whe ar. .~i". in MM.-st 01 ~ _tity. or UI
dU!iat.. or t.h. ..tit, bu ~ dl.aC1J~ witll an4 _"ieWd at a pu.blic Mciq- CIP. "'J~~t t.D "lil,.
1111. !!!Z (pl.... 111dicae.. Wfticll ad4.i Li_l aW~~ app1i...)
_ !!l.c. "-....... . pro~n9 I;IDftcwmill9 Ule CDnY1~da" "'fare a "'r1119 ofh_r of ~... .we.. ot
rlori~. Dl..i.iClln of ..inhuaci... "_r1n9" ~ fllulJ or6u Mur.-! br 0. ....ru., afhcar lb. not
pl.ca ell. ..ceaD or .UU1.u _ C'- CD"vicud -.rIdor li.f.. (Pl.... .u.adl a aapJ of UIII lI:iD.al ac_r.)
_ ~ per_n DC .tfiUac. wa. plac.d on cJle CIOn"iec.ood ,,__r U.~. _r..... __ a 1IWIr"'_~
proc..Uft9 ..rv.. ....rit.' .fUcar of VI. lut. of 'lcd4a. D1"h1_ of ~.18tr.t1". IIMtiD9'a. ft.
fiA&l 01'.1' _c.r&llS bf Ule It_ri"" ofhcwr do~,..i"'" c.NL it _. 1a U. pabUc :Ulur_~ III r_ Ute
..nOlI 01' .UiUu.. fra Ul. ClDIIvi~ ....1' Hn. (.1.... attoeCltl a CIlIPr or VIe UDal .r..c.)
ftle p.r.o" 01' IU1lu~. fI.. IlO~ "':t II1.eecI on~. eonvacted __diu H.~. (.1_.. o.Kru. .ny
.~.- ~,-...., ....,... .,.. ,.. _._,.r 0_.., ..~._." ~
-r/-- ......=,. ..
November 13, 1998
DI e..
~I:D NIlD 8'CaII ~ (or .ffh__) berlllce _ Oil
\ 3~ ~". bf -::r o..f"&'\~:::' D. P'IL ~t;:\
(Dat.) (AfUutl
...!-'Iobo i. panGDaUy IawWIl CoD .. or .... pr....,'-d
a. i.6muhcati8ll.
''Zype of ldWl~lUca~iar1)
3~;...aOe ,~~ 0 J~
(li;MW,:q;-;;Wr)')
'-:;>i~~\\~ \Iof\~" WQ..\~<~
(Ptl.nt or I~ .... Ill' .GUlIT)
CC,.. I S5 0& 6
C..u.l ~rl
-:r\J'''i ;:l ~, doO ...
(&zpiratiaa oac.)
IIoUfl' P@!.ic
~\od d..Q"
MWry ...1
C'~U)
FA NOTARY EA
PJU5CLLA TYLER WALXER
NOfAly PllJUC STATE OF FLORIDA
COMMISSION NO. CC78U
NY COMMISSION ExP. LY 2fCl2
ATTACHMENT D
MAINTENANCE
PREVENTATIVE ~_INTENANCE (P.M.) SCHEDULE
The Vehicle shall be maintained at a minimum per the attached
act.1Vlt.les.
o
Every 5,000 miles, a "B" P.M. must be performed. All items
numbered 1 through 44 on the attached form, with the exception
of numbers 19, 28, 31, and the portion of 38 which states
"repack wheel bearings and replace seals" must be performed and
initialed as completed by the mechanic performing the service.
o
Every 25,000 miles, a "C" P.M. must performed. All items
numbered 1 through 44 on the attached form must be performed and
initialed as completed by the mechanic performing the service.