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HomeMy WebLinkAboutReso 2000-280 RESOLUTION NO. 2000-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH APPROVING RECEIPT OF GRANT FUNDS BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH FROM THE MIAMI-DADE DEPARTMENT OF HUMAN SERVICES FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM IN THE AMOUNT OF $9,352.00, REPRESENTING A 75% ($7,014.00) GRANT AWARD AND 25% ($2,338.00) IN CITY MATCHING FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY WITH RESPECT TO THE OBTAINING AND DISTRIBUTION OF GRANT MONIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 14, 1999, the City Commission authorized the City Manager to apply for, receive and expend $9,352.00 in grant monies available through the Federal Drug Control and System Improvement Program from the Miami-Dade Department of Human Services for the purpose of creating a Business Security Program; and WHEREAS, Federal funds are again available to the City of Sunny Isles Beach from the Miami-Dade Department of Human Services; and WHEREAS, the City of Sunny Isles Beach Police Department has received preliminary approval for said funds, which can be utilized for the purchase of an electric cart for Community Policing/Crime Prevention activities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Contract. The contract, attached hereto as Exhibit "A", by and between the City of Sunny Isles Beach and the Miami-Dade Department of Human Services Federal Drug Control and System Improvement Program in the amount of $9,352.00, representing a 75% ($7,014.00) grant award and 25% ($2,338.00) in City matching funds, be, and the same, is hereby approved. Section 2. Authorization to the City Manager. The Mayor/City Manager shall execute said contract and the City Manager and/or his designee are hereby authorized to take any and all action necessary with respect to the obtaining and distribution of grant monies as appropriate without further approval of the City Commission. Section 3. Effective Date. This Resolution shall become effective immediately upon adoption. ft.\ PASSED AND ADOPTED this ~ day of October, 2000. Federal Drug Control Grant 2000 - res ATTEST: .~~-~~,,~ , < >Rjcllatd Brown-Morilla, City Clerk ~ . 't. ,,:' ~ APPROVED AS TO FORM AND 'i~GAt SUFFICIENCY VOTE: 5-0 Mayor Samson Vice Mayor' Morrow Commissioner Iglesias Commissioner Kauffman Commissioner'Turetsky Federal Drug Control Grant 2000 - res Dak~ Moved by: ~m\<;;.~'ofV~ ~ t-<At.<.t:"FmAA.J Second by: COh-\~\ -;;." DI\.)ft?~R~T5;"'Y v (Yes) _ V(Yes) v/ (Yes) _ ~Y es) __(Yes) _(No) _(No) _(No) _(No) _(No) 2 -t-\ ~"\ Of HUAf-4-1t ~~ S~ $~DHS?: <"0 0" .. ~.. >>'our Me\t Miami-Dade County Department of Human Services Byrne Grant Administration September 27,2000 Chief Fred Maas Sunny Isles Beach Police Department 17070 Collins Avenue, Ste. 250 Sunny Isles Beach, Florida 33160 RE: Contract Award FY2001 Drug Control and System Improvement Program Community Policing Dear Chief Maas: We are pleased to provide you with the contract for your program under the Dade County Drug Control and System Improvement Program FY2001. The federal funds are $7,014 and the 25% Cash Match which your city has agreed to provide is $2,338, making the total amount of the project budget not to exceed $9,352. We are providing you with 4 sets of contracts for your program. Each of the four contracts must have the ORIGINAL signatures of the Manager/Mayor and City Clerk, and must have the city seal affixed on the contract signature page. Also, the contracts include several Affidavits which require an ORIGINAL and notarized signature. Upon signing by your city officials, the contracts are to be returned to this office along with the City Council resolution to accept these funds. Our staff will complete the execution process in the County and send you a fully executed contract for your records. Reimbursement for First Quarter expenditures can occur ONLY if the contract is fully signed by the jurisdiction and returned to the Department of Human Services with the accompanying council resolution. In accordance with your communication with this office, it is our understanding that Sgt. Michael Grandinetti is the designated contact person for this project. As such, all routine correspondence and reporting activities throughout the grant year will be directed to your contract designee. Please notify us immediately if this designation changes. If you have any questions on this matter, please contact me or LaWanda S. Scott of my staff, at 375-5043. I look forward to working with you this year! Sincerely, IJ oJ 11 I~ J W, (J-; I Richard W. Harris, Jr. Project Director STEPHEN p, CLARK CENTER 111 NW FI~~~~T~~f6 Enclosures MIAMI. FLORIDA 33128-1912 (305) 375-5043 FAX (305) 375-5970 ..D MIAMI-DADE COUNTY AGREEMENT This Agreement, made and entered into this day of 2000, by and bet\veen Miami-Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY", through its DEPARTMENT OF HUMAN SERVICES and the CITY OF SUNNY ISLES BEACH located in Miami-Dade County, Florida hereinafter referred to as the "PROVIDER", provides the terms and conditions pursuant to which the PROVIDER shall provide a COMMUNITY POLICING PROGRAM. WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the PROVIDER to carry out on behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement; and WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance to Miami-Dade County and being duly executed by both parties, whichever is later; and WHEREAS, the COUNTY is desirous of supporting an expansion of the services provided by the COMMUNITY POLICING PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY POLICING PROGRAM; and WHEREAS, the COUNTY as contractor/grantee for the State of Florida is authorized to purchase said services for COMMUNITY POLICING PROGRAM as an allowable activity under the ACT; and WHEREAS, the COUNTY requires the above-mentioned services from the PROVIDER in order to fulfill its contractual obligations under the aforementioned grant; and NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto intending to be legally bound, agree as follows: I. SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. II. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2000 through September 30, 2001. Page 1 of 13 III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of State funds, the maximum amount payable under this Agreement shall not exceed $7,014 . The breakdown of this amount by budget category is included in the budget schedule found in Attachment B of this Agreement. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. IV. CASH MATCH REQUIREMENT. The PROVIDER shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the COUNTY, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-Drug Abuse Act. The PROVIDER agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida Administrative Code. Furthermore, the document entitled, "State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Application for Anti-Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting. The PROVIDER agrees that funds received under this Agreement shall be utilized to supplement, not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti-drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. PROVIDER agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. PROVIDER shall designate a contract coordinator who shall be responsible for 1) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. Any PROVIDER shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentality's from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentality's may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the PROVIDER or its employees, agents, servants, partners, principals or subcontractors. PROVIDER shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY , where applicable including appellate proceedings, Page 2 of 13 and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the PROVIDER shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the PROVIDER arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the PROVIDER. IX. INSURANCE. If PROVIDER is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification 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, FloridaStatutes. X. LICENSURE AND CERTIFICATION. The PROVIDER shall ensure that all other licensed professionals providing COMMUNITY POLICING PROGRAM services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person under the employ of the PROVIDER, who exercises any function or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. The PROVIDER agrees to abide by and be governed by the Dade County Conflict ofInterest and Code of Ethics Ordinance codified at 2-11.1 et. seq. of the Code of Miami-Dade County as amended, which is incorporated by reference as it fully set forth herein, in connection with its contract obligations hereunder. XII. CIVIL RIGHTS. The PROVIDER agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,29 V.S.C. Sect. 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42, V.S.C. Sect. 12103 et. seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the PROVIDER must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 V.S.C. Sect. 1612, and Page 3 of 13 the Fair Housing Act, 42 U.S.c. Sect. 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the PROVIDER, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the PROVIDER. Any contract entered into based upon a false affidavit shall be voidable by the County. If the PROVIDER violates any of the Acts during the term of any contract the PROVIDER has with the County, such contract shall be voidable by the County, even if the PROVIDER was not in violation at the time it submitted its affidavit. Furthermore, the PROVIDER shall comply with the provisions of the Domestic Leave Ordinance, Ordinance 99-5, codified at 11A-60 of the Miami-Dade County Code. XIII. NOTICES. Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as eit~er party may specify: If to the COUNTY: Miami-Dade County Department of Human Services 111 NW 1 st Street, Suite 2210 Miami, Florida 33128 Attention: Mr. Richard W. Harris, Jr. If to the PROVIDER: Sunny Isles Beach Police Department 17070 Collins Avenue, Ste. 250 Sunny Isles Beach, FL 33160 Attention: Sergeant Michael Grandinetti XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not agents or employees of the COUNTY. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the PROVIDER shall have occurred under this Agreement if the PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein. B. COUNTY Remedies. If the PROVIDER breaches this Agreement, the COUNTY may pursue any or all of the following remedies: I. The COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) days prior written notice to the PROVIDER of such intent to terminate or reduce services. In the event of termination, the Page 4 of 13 County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the provider with the County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect cost associated \\-lth such termination, including attorney's fees; 2. The COUNTY may suspend payment in whole or in part under this Agreement by providing \\-Titten notice to the PROVIDER of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the COUNTY may also suspend any payments in whole or in part under any other contracts entered into between the COUNTY and the PROVIDER. The PROVIDER shall be responsible for all direct and'indirect costs associated with such suspension, including attorney's fees; 3. If, for any reason, the PROVIDER should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The COUNTY may terminate or cancel any other contracts which such entity has with the county. Such entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. 4. If PROVIDER fails to meet the terms and conditions of any obligations or repayment schedule with the COUNTY, such failure shall constitute a default of this agreement and maybe cause for suspension, termination or debarment. 5. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Agreement on behalf of the County. D. Damages Sustained. Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement, and the COUNTY may withhold any payments to the PROVIDER until such time as the exact amount of damages due the COUNTY is determined and properly settled. The PROVIDER shall be responsible for all direct and indirect costs including attorney's fees, associated with any legal or equitable remedies the COUNTY may wish to pursue. Page 5 of 13 XVI. TERMINA TION BY EITHER PARTY. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The PROVIDER agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any line approved line item shall require a \VTitten amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S Year-To-Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. This expenditure plan must be approved by the COUNTY. Where the municipality does not anticipate full expenditures by the end of the program year, the COUNTY will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. 2. " -'. C. Payment Procedures. The County agrees to pay the PROVIDER for services rendered under this Agreement based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Agreement and the PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15,2001. D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIII. E. The COUNTY agrees to review invoices and to inform the PROVIDER of any questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. Page 6 of 13 XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The PROVIDER is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the PROVIDER organization, will be considered an unnecessary expenditure. B. Screening:, Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the PROVIDER organization can meet identified needs. While there is no prescribed standard for such review, the PROVIDER procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER organization. The establishment of a screening committee may facilitate the process; however, the PROVIDER may utillze other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the PROVIDER's organization. The COUNTY must ensure that the screening referenced above takes place and that the PROVIDER has an effective system for property management. The PROVIDER is hereby informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate property management system, project costs associated with the acquisition ofthe property may be disallowed. C. Loss. Damage or Theft of Equipment. The PROVIDER is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act BlockIFormula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The PROVIDER procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of COUNTY participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the PROVIDER is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. Page 7 of 13 F. Retention of Propertv Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, l\-10NITORING AUDITS, AND EVALUATION STUDIES. The PROVIDER shall keep records of program services in sufficient detail to provide any reports which may be requested by the COUNTY. A. Records. All program records will be retained by the PROVIDER for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for the COMMUNITY POLICING PROGRAM services must reflect: 1. 2. 3. The names of staff providing services as described in Attachment A. The dates and number of hours the staff provided services. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A The records of all other program services provided under this Agreement. 4. B. Reporting Requirements. As to required reports, the PROVIDER shall: 1. Quarterly Proiect Performance Report and Invoice. Submit Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15,2001 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The PROVIDER shall submit other reports as may be required by the Department of Human Services during the program year. C. Changes to Reporting Requirements. The PROVIDER understands that the COUNTY may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. Make available for review, inspection, monitoring or audit by the COUNTY without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The PROVIDER shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the COUNTY to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector Page 8 of 13 General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade County Inspector General. Miami-Dade County has established the Office of the Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally 1/4 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the PROVIDER, its officers, agents and employees, lobbyist, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the PROVIDER from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records the PROVIDER'S possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provision in this section shall apply to the PROVIDER, its officers, agents, employees, subcontractors and suppliers. The PROVIDER shall incorporate the provisions in this section in all subcontract and all other agreements executed by the PROVIDER in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the COUNTY to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the COUNTY by the PROVIDER or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami-Dade County Administrative Ordinance 3-20, the PROVIDER is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereafter "IPSIG"), Page 9 of 13 whenever the county deems it appropriate. Upon written notice from the COUNTY, the PROVIDER shall make available to the IPSIG retained by the county, all requested records and documentation pertaining to this agreement for inspection and copying. The COUNTY shall be responsible for the payment of these IPSIG services, and under no circumstances shall the provider's budget and any changes there to approved by the COUNTY, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the PROVIDER, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the COUNTY to conduct an audit or investigate the operations, activities and performance of the PROVIDER in connection with this agreement. The terms of this Section shall not impose any liability on the COUNTY by the PROVIDER or any third party. G. Evaluation Studies. PROVIDER agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Housing and Community Development, Bureau of Community Assistance. This participation shall at a minimum include access to PROVIDER's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The PROVIDER shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. The PROVIDER shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commingling Funds. The PROVIDER shall not commingle funds provided under this Agreement with funds received from any other funding sources. XXI. MISCELLANEOUS. A. Agreement. This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the PROVIDER regarding the provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the PROVIDER and the COUNTY unless specifically stated herein. B. Amendments. Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Manager. Provided, however, that the COUNTY may effect amendments to this Agreement without the written consent of the PROVIDER, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of county, state and federal governments. Page 10 of 13 Any alterations, variations, amendments, or other modifications of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) ofthe total budget set forth herein and other such revisions my be negotiated as \YTitten amendment to this Agreement between the parties. The County Manager is authorized to make amendments to this Agreement as described herein on behalf of the COUNTY. C. Reports. All reports, information documents, tapes and recordings, maps and other data and procedures, developed, prepared, assembled or completed by the PROVIDER in connection with the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this Agreement shall become the property of the COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. D. Agreement Guidelines. The Provider agrees to comply with all applicable federal state and county laws, rules and regulations, which are incorporated herein by reference as set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. E. Publicity. It is understood and agreed between the parties hereto that this PROVIDER is funded by Miami-Dade County. Further, by acceptance of these funds, the PROVIDER agrees that events and printed documents funded by this Agreement shall recognize the funding source as follows: This program was supported by a grant awarded to Miami-Dade County Department of Human Services, State of Florida Department of Law Enforcement and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Sub-Contracts. The Provider agrees not to enter into sub-contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written approval of the COUNTY and that all sub-contractors or assignees shall be governed by the terms and conditions of this Agreement. If this Agreement involves the expenditure of $100,000 or more by the COUNTY and the PROVIDER intends to use sub-contractors to provide the services listed int he Scope of Services (Attachment A) or suppliers to supply the materials, the PROVIDER shall provide the names of the sub-contractors and suppliers on the form attached as Attachment E. PROVIDER agrees that it will not change or substitute sub-contractors or suppliers from those listed in Attachment E without prior written approval of the COUNTY. Page 11 of 13 G. Heading. Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used in herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context reqUIres. H. Total of Agreement/Severability of Provisions. The thirteen (13) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment 'C: Attachment D. Attachment E. Agreement Program Review (Scope of Services) Agreement Program Budget Quarterly Project Performance Report & Invoice Miami-Dade County Affidavits Miami-Dade County Subcontractors Affidavits No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby such remainder would then continue to conform to the terms and requirement of applicable law. Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their re ective and duly authorized officers, the day and year first above \YTItten. David Samson Name (typed) ATTEST: BydZvLJ~~t\~ ATTEST: HARVEY RUVIN, CLERK By: Deputy Clerk Nayor Title APPROVED AS TO FORNI AND LEGAL SUFFICIENCY: clM.f9:eiss:7;.'. . City Attorney . '. ' : 1 By: (Corporate Seal) "\ , , . MIAMI-DADE COUNTY, FLORIDA By: Merrett R. Stierheim County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney Page 13 of 13 ", , " , . , r' ' "'~ .~..(' "'.~..' .I .~ J /,"" ,- ,,' ^;' SUMMARY OF ATTACHMENTS ATTACHMENT A ATTACHMENT B A TT ACHMENT C A TT ACHMENT D A TT ACHMENT E Agreement Program Narrative - Scope of Service Agreement Budget - Program Budget Quarterly Program Performance Report and Invoice Miami-Dade County Affidavits Miami-Dade County Subcontractors Affidavits ATTACHMENT A Agreement Program Narrative - Scope of Service PROGR.\....1\1 NARRATIVE Jurisdiction Name: SUNNY ISLES BEACH Contact Person: Sergeant Michael Grandinetti Address: 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160 947-4440 PH -- 947-4680 FX Program Area: COMMUNITY POLICING Program Dates: 10/01/00 n 09/30/01 Program Name: Business Security Program Target Population: City's Business District Problem Identification Sunny Isles Beach is the newest municipality to become incorporated in Miami-Dade County. It is a small beach c,ommunity with an estimated population of 14,000. The community is a mixture of families, elderly retired citizens, and seasonal visitors. It was determined the tourist community has a high victimization rate for citizens who live and! or own businesses along the beachside of this community. There is a high rate for theft, robbery and fraud in this business district. A crime prevention program was created with the help of Byrne funds last year, however there continues to be problems in the business community. Demo2raphic Data Based upon 1990 US Census data, the following information describes this new municipality: 42 % of the population is male, 58% female; 97% of the residents are white; 51 % are age 65 and over; 92% of the housing units have more than 5 units. The new city has 1.3 square miles and 27% of its land use fronts on the ocean. Proeram Description As a result of the past and current program year, the Sunny Isles Police Department has developed a training curriculum targeted sat business owners in their city, with special attention given to the hotel industry. There are 37 hotels along the beach that hire seasonal employees. This training will inform the hotel industry of their rights, how to conduct proper background investigations, the use of identification tags and retrieving security clearances for these employees. The police department will also offer training to the employees of these establishments to make them aware of fraudulent activities and crime prevention awareness. The department also plans to train one officer in community policing. This officer wiII assist the sergeant with the courses for this Business Security training program, however, in addition to these responsibilities, their primary duties will be to meet with the business owners daily to discuss any concerns and make themselves available to the community. Year One Activities/Accomplishments & Unmet Needs Sunny Isles business training program has proven to be beneficial for local business owners. There has been a reduction in business fraud as reported by the department. While emphasis was placed on business owners this year, in this second year, the bike patrol officers will become more actively involved in residential crime watch. Existing crime watch groups do not have police representation as a resource. Officers will assist in the implementing of three additional crime watch groups and attend monthly meetings. In addition, the police department will host quarterly programs for the community at large focusing on crime prevention, to include services for the elderly and children. Grant funds will be used to support this continued community policing effort. The department wiII purchase an electric car to use when patrolling neighborhoods and business districts. Jurisdiction Name: SUNNY ISLES BEACH Contact Person: Sergeant Michael Grandinetti Address: 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160 947-4440 PH -- 947-4680 FX Program Area: COMMUNITY POLICING Program Dates: 1 % 1/00 -- 09/3 % I Program Name: Business Security Program Target Population: City's Business District Proposed Activities Planned ~easures ~onitoring Plan 4.B.02 To enhance or expand their 1 Officer to Patrol residential Community notices, flyers, etc. to Bike Patrol Unit to assist in their neighborhoods and business districts announce the formation of the community policing efforts. Business Security Training and Purchase an Electric Car to use as subsequent meetings 4.B.03. To have law enforcement transportation for community provide 3 alternative drug free policing activities Meeting schedules and listing of events. topics To host Community-Wide crime 4.B.10 To conduct 12 Crime Watch prevention program for local Meeting attendance records meetings during the grant period. residents. Invoices for materials purchased Copies of Payroll records Sgt. Michael Grandinetti, SIBPD Richard W. Harris, Jr. DHS ATTACHMENT B Agreement Budget - Program Budget PROGRAM BUDGET Jurisdiction Name: SUNNY ISLES BEACH Program Area: COMMUNITY POLICING Program Name: COMMUNITY POLICING Target Population: Community Residents Salaries and Benefits, Total Contractual Services, Total Expenses, Total Electric Car Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: General Funds, City of Sunny Isles Beach 09/12/00. Si$01.wk4 $7,014 $2,338 Contact Person: Sergeant Michael Grandinetti (305) 947-4440 PH --(305) 947-4680 FX Program Dates: 10101/00 - 11/01/01 $0 $0 $9,352 $9.352 $9,352 ATTACHMENT C Quarterly Program Performance Report and Invoice Quarterly Project Performance Report Drug Control and System Improvement Formula Grant Program COMMUNITY POLICING PROJECT PURPOSE AREA 4B (Jurisdiction Name) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE CONTRACT ID NUMBER: 2001-CJ-D8-11-23-01-041 f~;;:: ',' 1~'S$~;1~~~'~-;;;;'~~r"'~.;';;:'~(OJ{i:t1~~iJt"'~ :' ~ j ~~ ,ti~fur;~':o)!t~, f~I:~~(;~; '1 K"'Yf._ ~~~ ~r "'T: ,,~~"-~~";J:,...\I.""'S;:'~""'>}:;":';:'t; i:.l:;",,-~~'" A ~>"_,;1";':""" \" _u -jf~~~'~~ .(~. ~_ J , ,\ 2 January 1 - March 31 April 15 3 April 1 - June 30 July 15 4 July 1 - September 30 October 15 1* October 1 - December 31 January 15 *For example, if your project began in October, this is Report Number 1. Record Number, Period, and Date below: " " ," ;n)' ;;r,~", ,"", 1jf: ,. , ' 1, ~. ' " , ~. ,'\ ;, ,t":'lO;ij)/i: :~~:~~!~ ,;:7 4~',,:Jk' .. ,'~HS~~"tXJ.~l.~~I, " iDI,*" ;i!,I~).)Ili'~~!, ; NOTE: All jurisdictions must complete Sections I through 5. Section 6 must be completed following each jurisdiction's noted instructions. PROJECT NARRATIVE must be completed by all jurisdictions following this section's instructions. Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being "Out of Compliance" and their Reimbursement Request will be delayed. Miami Dade Department of Human Services Form Revised 9/99 4B.Ol Coral Gables, Hialeah, Hialeah Gardens, Homestead, Miami, Sweetwater, West Miami, Miami Dade PAL 1) During this reporting period, how many commuity service events, including neighborhood clean ups were conducted? (list the type and/or setting of the event) 4B.02 Biscayne Park, Hialeah Gardens, Homestead, Miami Beach, Miami Springs, North Bay Village, Pinecrest, Sunny Isles 2) During this reporting period, were Bicycle Patrols conducted? a. No. of officers b. No. of hours 4B.03 Golden Beach, Miami Springs, Sunny Isles, Virgina Gardens 3) During this reporting period, how many alternative drug free events were conducted? (List the names of these events) 4B.04 Miami, Miami Beach 4) During this reporting period, how many meetings with community leaders for the purpose of identifying neighborhood problems 4B.05 EI Portal, Hialeah, Key Biscayne, Miami, North Bay Village, Norht Miami Beach, Opa Locka, Sweetwater, Miami-Dade (All Projects) 5) During this reporting period, how many crime prevention education classes were presented? (list names of the groups to which these presentations were made) 4B.06 Hialeah, Miami Shores, Miami-Dade TAP 6) During this reporting period, how many individuals were provided crisis intervention or counseling services? 4B.07 Coral Gables, Sweetwater 7) Did the project create or expand one or more community or neighborhood recreation center programs? a. Did the center activities include arts and crafts? b. Did the center activities include music activities? c. Did the center activities include drama and theater activities? d. Did the center activities include academic tutoring? e. Did the center activities include table games? f. Did the center activities include drug awareness and prevention education? _ g. Did the center activities include sports? (list sporting activities) 4B.08 Hialeah Gardens, South Miami, Surfside 8) During this reporting period, how many security surveys were conducted? 4B.09 Hialeah Gardens, Homestead, Miami Shores, South Miami, Sunny Isles, Surfside, West Miami 9) During this reporting period how many neighborhood watch meetings were conducted? 4B.I0 Miami-Dade Burglary Prevention 10) During this reporting period, how many households were provided with Operation ID services? Project Narrative (Please include a brief narratiye detailing your progress in meeting your program objectives.) Miami-Dade County Community Policing Resolution R-540-00 Grant HSB421 QINVCP Revised 06/12/00 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE [To Be Typed on Jurisdiction's Letterhead] City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I - December 31 January I - March 31 April I - June 30 July 1 - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 I. Total Federal Budget $ 2. Amount This Invoice $ (75%) 3. Amount Previous Invoices $ 4. Remaining Balance $ (Subtract lines 2 & 3 from line I) Budget Categories Line Item Disallowed Exceeds Budget Federal Funds (75%) Local Match (25%) Total Funds (100%) 1. Salaries & Benefits 2. Other Personnel Services (femporary Employees/Contractual) 3. Expenses 4. Total Claim Costs We request payment in accordance with our contract agreement in the amount of75% of Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local cash match requirement. Attached please fmd the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received for which reimbursement is requested. Respectfully submitted, Chief of Police/Other City Official Payment Approved, Miami-Dade County Miami-Dade County Community Policing Resolution R-540-00 Grant HSB421 Page 2 of3 QUARTERL Y PROJECT PERFORMANCE REPORT & INVOICE - Payroll Expenses City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October 1 - December 31 January 1 - March 31 April 1 - June 30 July 1 - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 OfftcerlStaffName Date of Activity Type of Activity. Total Hours .(Presentation. Parent Meeting, Field Trip, etc.) TOTAL HOURS AT$ PER HOUR = $ I CERTIFY THA T PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE OFFICER/STAFF SOCIAL SECURITY # CHIEF OF POLICE/CITY OFFICIAL SIGNA TORE I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: School Principal's Signature NOTE: Bookkeeping report documenting payroll expenses must be attacbed to process payment. Miami-Dade County Community Policing Resolution R-540-00 Grant HSB421 Page3of3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE (Equipment, Supplies, Material Expenses) City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October 1 - December 31 January 1 - March 31 April 1 - June 30 July 1 - September 30 Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 Vendor Item Description Date Paid Check No. Amount TOTAL AMOUNT EXPENSES NOTE: Copies of ~II invoices and cbecks for tbis request must be attached to process payment. ATTACHMENT D Miami-Dade County Affidavits ATTACHMENT D MIAMI-DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shaH 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. i .; ; ; The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINA TION 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. I, , being ftrst duly sworn state: Affiant 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): Federal Employer Identiftcation Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address 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 ftve 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 beneftciary. The foregoing requirements shall not pertain to contracts with publicly-traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): ~.. Full Legal Name Address Ownership % % % ;/00 PagelofS 2. The full legal names and business address of any other individual (other than subcontractors, materialmen, 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 fme of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. 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 of ten 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. I. 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: VYbite: Black: Hispanics: Males Males Males Males Females Females Females Females: Asian: American Indian: Aleut (Eskimo): Males Males Males Males Females Females Females Females III. AFFIRMA TIVE ACTION/NONDISCRlMINA TION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a 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. 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. 5/00 Page 2 of 5 The fInn 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 fInn has annual gross revenues in excess of $5,000,000 and the fInn does have a written affmnative 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 fmn does not have an affmnative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI-DADE COUNTY CRlMINAL 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. V. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15 codifIed as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the fmn'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. 5/00 Page 3 of 5 VI. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section IIA-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (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 infonnation in compliance with all items in the aforementioned ordinance: An employee who has worked for the above finn at least one (I) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of tennination 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. VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named finn, 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. VIII. 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 finn, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the nonnal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the finn, corporation, organization or individual have been paid. 5/00 Page 4 of 5 IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. X. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any frnn 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, iffrve percent (5%) of the finn's work force consists of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefrts (fonnerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the frnn 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 profrt organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codifred At IIA-60 Et. Seq. of the Miami-Dade County Code). The frnn desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codifred at IIA-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business frfty (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 "NIA" all affidavits that do not pertain to this contract. By: (Signature of Affrant) (Date) SUBSCRIBED AND SWORN TO (or affmned) before me this day of 19_ by He/She is personally known to me or has presented as identifrcation. (Type of Identifrcation) (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public - Stamp State of Notary Seal (State) SIOO Page 5 of 5 ATTACHMENT E Miami-Dade County Subcontractors Affidavits A TT ACHMENT E PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) Provider's Name: 1. REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with the Miami-Dade County Ordinance 97-104, the Provider submits this list of first tier subcontractors or subconsultants who wil perform any part of the Scope of Services Work, if this Agreement is for $100,000 or more. Provider must fill out this information. If the Proyider will not utilize subcontractors, then the Proyider must state "No subcontractors will e used"; do not state "N/A". Name of Subcontractor or Subconsu1tant City and State 10f2 A TT ACHMENT E continued Provider's Name: 2. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider submits this list of suppliers who will supply materials for the Scope of Services to the Provider, if this Agreement is for $~ or more. 100.. 000 Proposer must fill out this information. If Provider will not use suppliers, Provider must state "No suppliers will be used", do not state "NA". Name of Supplier City and State I hereby certify that the foregoing information is true, correct and complete. Signature of Authorized Representative: Title: Date: Firm Name: Fed. ID No.: City/State Zip: Address: Telephone: Fax: 20f2