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HomeMy WebLinkAboutItem #16 - Discussion ItemCesar H. olio City Manager mu: Xavier L. Suarez /0 Mayor Thank you. A lb CItY Or MIAMI, FLORIDA IH lf1 -OF lCE MEMOMANDUM DATE mnn:c:1 tmc I•.rmc Cts tNClOSUmr.s November 27, 1989mt Miami Springs Golf Course 112789/3S13 ht the Metropolitan Planning Organization meeting of November 7, 1989, Mayor Clark expressed his strong interest to me that the County acquire the Miami Springs and Mel Reese Golf Course§ from the City. Since the City Commission has expressed a willingness to look into the possible sale of the Miami Springs Golf Course in particular, please look into this matter as soon as possible and report back to the Commission detailing any progress in negotiations with the County. • i s o 11 5`. - Il�wim 1 III TO: The Honorable Mayor and Member $ of the City Commission F Cesar H. Odio City Manager CITY OF 'MIAMI, FLORIDA • INTEROFFICE MEMORANDUM DATE : SUBJECT : REFERENCES : ENCLOSURES: NOV 6 1989 Request for Proposals for Melreese and Miami Springs Golf Courses Pursuant to your instructions meeting, attached is a Req uest maintenance of the nd Springs Golf Courses, which will be discuss on Novemb e cc: Jorge L. Fernandez, City Attorney Albert Ruder, Director, Parks Department FILE 10 Resolution REQUEST FOR PROPOSALS for operation and maintenance of The Melreese and Miami Springs Country Club Golf Courses CITY OF MIAMI Xavier L. Suarez, Mayor Victor DeYurre, Vice Mayor Miller Dawkins, Commissioner J. L. Plummer, Commissioner Athalie Range, Commissioner Cesar H. Odio, City Manager Prepared by: t. Property and Lease Management :General>`Services Administration Department I, Public Notice Request For Proposals Table of Contents 1 • 9 13. :20 ii. Overview A Summary B Requirements C Special Provisions :Instructions to Proposers Declaration Propsa1 Form Contract' Terms Zxhibits.- Attached: '(Exhibit/A Ordinance 10538 ,dealing : =with, :.minority /women business of fairs t: nand,:procurement)= (Exhibit B: Ordinance ..10032 implementing First Source Hiring Agreement) Pg• Pg. Pg . SECTION r: PUBLIC- NOTIag glo EST FOR PRPOSALS; GOLF COURSES The City of Miami (the City) is inviting proposals from qualified golf course management firms to assume full management, operations and maintenance of both the Melreese and Miami Springs Country Club Golf Courses (the Golf Courses) located at 1802 NA. 37 Avenue, Miami,' and .650 Curtiss Parkway, Miami Springs respectively, for an initial twenty (20) year period. All proposals shall be submitted in accordance with the Request for Proposals (RFP) document which may be obtained from the - City of Miami Department of General Services Administration, Property and'Lease Management Division, located at 1390 N.W. 20 "Street," Miami, Florida 33142. These documents contain detailed and specific information regarding the Golf Courses being offered for lease and the City's goals for the operation of the properties by the successful proposer. The City will conduct a' proposal pre - submission conference on , 1989 at 10:00 a.m. at the Melreese Golf Course While attendance at the pre - submission conference is not a condition for offering proposals, all prospective proposers are invited to attend. The City of Miami reserves the right to accept any proposals . deemed to be in the best interests of. the City, to waive any irregularities in any proposals, or to reject any or. all proposals and to re- advertise for. new proposals. In making such determinations, the City's consideration shall include, but .not be limited to the proposer's experience, and capabilities in operating, managing and maintaining the Golf Courses, dollar - amount returned to the City, the proposers. financial qualifications, the extent of minority and comawnity participation, and the evaluation by the City of all informatiok admitted in support or explanation of the proposed lease - of th Golf Courses. Any questions pertaining to this Request for Proposals may directed to Albert J. Armada, Property a Lase . Manager,.' Pr c`_" and Lase Management, General Services Administration, 1390 20 Street, Miami, Florida, 33142 or by telephoning (305) 5148 Cesar' H. Odio City Manager Office of the City first floor of the Dinner Key, Miami, Se►led proposals shall be received by the Clerk of the City of Miami located on the Miami City Hall, 3500 Pan American Drive, Florida 33133 on or before 2:00 pm, Proposals submitted past such deadline and /or submitted to any other location or office shall be deemed not responsive and will be rejected. Prospective proposers are alerted to the provisions of Ordinance No 10539'which established a goal of awarding 51% of the City's total dollars volume of goods and services to Black, Hispanic and Women Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting proposals and who are not registered with the City as minority or women vendors are advised to contact the City of Miami Minority /Women Business Office, Dupont Plaza Center, 300 .Biscayne Boulevard Way, Suite 400, Miami, Florida, telephone 579 -3366. marrow Ii: OVERVIEW A. Summary The City of Miami, Florida (the City), is soliciting sealed proposals for the operation and maintenance of both the Melreese and Miami Springs Country Club Golf Courses. The proposed agreement (the "Contract "), will have an initial • term, of twenty (20) years, beginning on the date of the execution, with two five (5) year options to extend. The Melreese Golf Course is a full service golf facility, consisting of an 18 hole golf course, also providing a restaurant, pro -shop and driving range, which are privately operated and are not the subject of this Request for Proposal at this time. The Miami Springs Country Club Golf Course is a full service golf facility, also providing a restaurant, pro -shop and driving range, which are privately operated and are not the subject: of this Request for Proposal at this time. The existing agreements at both Golf Courses must be honored by the Successful Proposer and will be assigned to the Successful Proposer ,by the City.. Upon expiration of these agreementt, the Successful Proposer may assume the day -to -day management of the ancillary operations. The Contract to manage both Golf Courses shall be awarded to the responsible and responsive proposer whose proposal .. is ranked most advantageous:to. the City by a selection committee (the "Selection Committee ") comprised' . of City staff. The, proposals ..will . = graded lin the following categories: experience and financial capability of proposer compensation to City, maintenance . program, minority participation: and involvement in the .c�mmuflity Prior; to- evaluation of any proposal, the Selection Committee may elect to review additional aspects of the RFP and Submittals thereto. The City T imager : reserves the right to cancel r this Requea Proposals < : before . 'the opening of proposals, to : waiv irregularities, in any proposal and reject any or all :propose and-re-advertises , $saloit. proposals shall be submitted to the Office of th Clerk of the City of Miami, located on the first floor Miami .;City', Hall, 4500 Pan American.' 'Drive," . Di 4 := 33133} - on or before r3 :0O Florida ��: � Per " `_� .......: .:,}� �{. ',{�j.. =` ^�§:•µ...';`,,. _, ,; �" ;, :, v .. ., :I' '.,, .' ";: :.;:. ,eta. i. - _ ,, ::. . -. Any 7 questions ..pertaining : the Request for PrOPO$ directed to Property and lease Management,: ` 1390 is onif 305 a �iaaaai` = 331 �. =or b!t >�.'1�.a F� � ,� )' :;:�;• s" Proposers shall address the following requirements in the proposal: Operation and maintenance of the golf courses, including service areas, grounds, irrigation, greens, fairways, sand traps, court _ paths, starters areas, irrigation and lighting. Additionally, proposers shall offer a minimum monthly guarantee and percentage of receipts to City as compensation for any privileges granted. Furthermore, information is required concerning the experience, reputation and financial capabilities of proposers, as well as minority, affirmative action programs and community involvement. Operations The Successful Proposer shall adhere to the highest industry standards for golf course operation and maintenance. The Successful Proposer is expected to operate the golf courses daily from 6:00 am to 7:00 pm or as otherwise proposed :.and accepted by the City. Proposals to operate the golf courses for less than eighty for (84) hour per week will be disqualified. The Successful Proposer will also be responsible for all utility charges incurred in the operation of the golf courses. The Success Proposer will hold the golf courses open to the ,public and may conduct special activities or programs on the golf courses;: upon . to the Director of Parks, _ Recreation and, Public Facilities. All- advertising must be approved by the City Manager or his duly authorized representative. • The . , Proposer will be . required - to provide: , ; insurances at l imi designated : by the City. .The policy shliJIM* L coverage t t�s .- Y � policy' � : � :' -_ the = :: city►., ; aas :. an .> additional Insured, ., and: evidence of the i 4, requir coverage ( certificate: , of, . insurance) shall be submitted.:tO,1 prior to execution of contract, and shall remain on file. with City throughout the contract term. tKs,,, i tenr..a, nc;..att� 1 Utilities Successful Proposer,: shall be responsible for all necessa maintenance and repairs related to the golf courses. maintenance of the golf courses shall be furnished at the ;s expense of the Successful Proposer. The Successful Proposer shall further : provide : s electrical and/or other contractual services so Am "T golf:. course' =eats, irrigation, lighting. and other as co'epteble working .. order and safe condition., Compensation Proposers will be required to propose a guaranteed minimum annual return to the City, to be paid in advance in twelve monthly installments= excluding any related taxes, which are to be paid by the Successful Proposer. Proposals offering less than $100,000 minimum annual guarantee for both Golf Courses shall not be accepted. Upon award or execution of Contract, Successful Proposer shall pay to the City a deposit equal to the first six (6) monthly installments which shall not be lower th$50,000. Additionally, Proposers shall offer to City a percentage of gross receipts (further defined in Section VI) from the golf courses and from which the minimum guarantee may be deducted. Therefore, rent returns will be based on the minimum annual guarantee or a percentage of gross receipts, whichever is greater. B. Requitement Proposers are required to submit a narrative explanation of the overall operation of the golf courses. The narrative must follow the instructions in Section V, entitled PROPOSAL, Part I. Proposers are required to submit a narrative nn explaaattion of the proposed maintenance plan for the golf courses. must follow .:the instructions given in Section V, entitled PROPOSAL, Part II. Proposers are required to submit a narrative explanation of , the proposers experience and professional reputation .. in-- the operation and management of the golf: courses. The narrative must Part follow the instructions in Section V, entitled III. .. Proposers are required to submit a narrative demonstrating their financial capabilities to conduct and /or manage the proposed operations Said narrative: shall v-include the most current financial .statement of the . proposer . and any , other. tdocuments as indicated in the instructions in •. Section V,, entitled ° = ffi4FQ6.1iL Part IV. Proposers are required to submit a narrative demonstrating, their community :involvement' in . the~ operation andmanegsment of :tbe gol courses. The narrative must_ follow the instructions in M, entitled PROPOSAL, Part V. - 1. Joint:: venture- -.with - minorit firm(s) :. y� - 2.: Utilizing. minority firm(s)-as subcontractor(s). 3'.:. , Utilizing = .minority - firm(s) ta: supply . ..,.and /or services`.`:: ..: b.f; /..; , ..... .:4. Successful. implementatiolvof.� welh definned'• -affirmative: - action program:: -- >.:.�..:, 5 Otheer foreie _. of minority'. participationif l': ; , pr opsrl y r documented , ,. 4. . } `, pct t.4 . o- ... - 'i.� .. >..,, i.f.�i' l;a i; i�' , Ordinance : - , No; :10538 has been included in this . pncka90 }ads , 8r1ati A. Minority _business firms are encouraged, ,but not . qu register with the : City prior to . su itting '.prOpone $inority /womgmn. Business .office will_ provide e: n se r 4i,nd1010.trictionei upon request (telephone 5793366). . Possible ways.- to include minority : :participation . ' involve: proposers are required to thoroughly review the information provided in "Special Provisions," Section II, Part C, concerning minority Participation and the First Source Hiring Ordinance, to submit a narrative pertaining to minority participation and affirmative action and to complete the forms pertaining to saate as instructed in Section V, entitled PROPOSAL, Part VI. C. SPECIAL PROVISIONS 1, MINORITY PROCUREMENT PROGRAM Ordinance No. 10538 entitled the Minori and Women Business Florida sets forth "a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis ". minority business enterprise is defined as a business firm "... in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women, whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women ". To achieve the goal established by Ordinance No. 10538, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All vendors doing business with the City are encouraged to include the participation of minority firms in their proposals In evaluating proposals for' determination of awards, minority. participatiofl may be a factor. Failure to. 'adequately : - involve minority firms'. may be : a basis . : for .rejecting : any and ; all proposals. ALL VENDORS URGED TO SUBMIT PROPOSALS FOR ANY GOODS OR SERVICES THAT THEY ARE ABLE TO SUPPLY, REGARDLESS OF MINORITY CLASSIFYCATION. However, compliance with all requests for requi red. Proposers regarding oo cooperation is greatly needed Participation r aid the required. opose p City in achieving its goal. FIRST SOURCE HIRING AGREEMENT Proposer shall acknowledge that it has been furnished a copy of City of Miami Ordinance No. 10032, the First Source Hiring Ordinance attached herein as Exhibit B. The First Source Hiring Agreement policy requires that as a condition precedent to entering into a contract when such project is of a nature that creates new jobs, a First Source Hiring Agreement be negotiated between the Successful Proposer and the City's authorized representative, if so applicable. Successful Proposer shall comply with applicable provisions of Ordinance No. 10032, including any amendments thereto. RESOLUTION OF „PROTESTS Proposers attention is directed to section 18.56 -1 of the City Code, reprinted below. In the event of protests, compliance to the procedures described therein is mandatory. RESOLUTION _OF PROTESTS (City Code Section 18- 56.1.) (a) Right to Protest. Any actual or prospective contractual party who feels aggrieved in connection with the solicitation of award of a contract may protest to the Chief Procurement Officer. The protest shall be submitted in writing within fourteen (14) days after such aggrieved party knows or should have known the facts giving rise to the action complained of. (b) Authority to resolve. protests. The Chief Procurement Officer shall have the authority, subject to the approval of the Cite Manager and the City Attorney, to settle and resolve a protest of an aggrieved actual or prospective contractual party concerning the solicitation or award of the contract in question. Provides that in cases involving more than four thousand, five hundred dollars ($4,500), the decisions of the Chief procurement Officer must be approved by the City Commission after a recommendation : b the City Attorney and the City Manager. The Chief ProCiir Officer shall obtain the requisite approvals and Com]4uniCate the protesting contractual party; or, alternatively, .f =:'-' amount involved is greater than four thousand, five hin dollara ($4,500), sub lit a decision to the City Commission .W thirty (30) days after he receives the protest. (c) .� _. Failure of an aggrieved party to submit a protest within the time provided in subsection ,(a), above, shall constitute a forfeiture of such party's right to complain and shall bar any legal action therefor by such party. Failure by the City officials to comply with the time requirements provided in subsection (b) shall entitle the aggrieved and to institute actio immediately. sio section (Ordinance No. 9572, & 1,2- 20-83). SECTION TTI: INSTRUCTIONS TO . PROPOSERS 1. SUBMISSION OF PROPOSALS: Submit proposals consisting of sections: a) "Declaration" (Document #1) b) "proposal " .(Document #2) c) "Price Propo_o_sa_l" (Document #3) d) "Minority Information and Acknowledgment" (Document #4) Where forms are furnished as titled above, please complete per the form's instructions and submit same. Additional o the sections hould be the attach Proposer d s to the relating p any ons of completed form f the s where applicable. Whether forwarded by mail or personally delivered, the envelope must be received by the Office of the City Clerk, City of Miami City Hall, 3500 Pan American to te d Drive, Dinner Key, Miami, Florida 33133, prior stated in the public Notice. 2. OUALIFICATIONS: Prospective proposers shall have no record of pending lawsuits, criminal activities, etc., and shall not /have conflicts of interests which can be of embarrassment to the City of Miami. This latter qualification may be satisfied by submission of a notarized affidavit to the effect with the proposal submitted. 3. ONE PROPOSAL: Only one Proposal from :a corporation ooIf under the same or different names, will b e found - that a Proposer has submitted more than one proposals all proposals which the Proposer has submitted will be rejected. 4. pRICE .PROPOSAL: Prices shall be .stated in both' words. -' an& figures :in the appropriate places in the proposal— for. In the event that there is a discrepancy between the price wittier', in words and" the price written in figures, : the former shall govern: .. s 5. SIgNATURE OF PROPOSER: Prospective Proposer must sign the proposal in the space provided for signatures. Thaw signature required is the officer, . officers, or ifdividuae authorized by its bylaws or the Board of Directors, 'Wri official corporate seal affixed thereto. 6. PERFORMANCE _ BOND: The City reserves the right to demand of the Successful Proposer a performance band in an amount a to guarantee he leaseiagreement. performance depo t deposit with and conditi the City will meet this requirement. 7. REJECT/ON OR ACCEPTANCE OF PROPOSALS: The right is reserved by the City of f re any or waive all proposals, irregularities s or to re y proposals, advertise for proposals, if desired. 8. MED: Responsive and responsible proposals will be reviewed by a Selection Committee comprised of City staff from at least the following agencies /departments: internal Audit and Reviews; Property and Lease Management; Parks, Recreation and ls be ac Finance; raded in thescaegories which Works. Propo g may be weighted by the Committee: Experience and Financial Capability of Proposer 25 points Compensation to the City 30 points Operation & Maintenance Program 25 points Minority Participation • 10 points Community Involvement 10 points The Successful Proposer will receive an official letter from the City of Miami notifying him of the privilege of executing a contract to be prepared by the City. Any proposal which is incomplete, conditional, obscure or . which contains irregularities of any kind, may be cause for rejection of the proposal. refusal event enter default the City Successful Proposer , or his of Miami a contract, t re-advertise ion, a its sole'discret o using th e sam or revised documentation, 9. WXTHDRAWAL OF PRQPOSlL: Any proposal may be withdrawn prior to the final time for receipt, as scheduled in the Biblia Notice, 10. INTERPRETATION OF Pg9PQSAL DOCUMENTS: Each prospective proposer shall thoroughly examine the proposal documents and judge for himself all matters relating to the location and character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the proposal documents is doubtful, or obscure, or opportunitrrtros request s clarif will be clarification from provided opporProperty and t y Lease Management Division. 11. PROTECTION OF RIGHTS OF CITY: The City manager reserves the and r to ition include he deems any contract the proper protection c od of the City of Miami, (see Section VI). TO: Cesar H. Odio City Manager City of Miami, Florida Submitted The undersigned, as Proposer (herein used in the masculine singular, regardless of actual gender and number) declares that the only persons interested in this proposal are named herein, that no other person has any interest in this proposal or in the contract to which this proposal pertains, that this proposal is made without connection or arrangement with any other person, that this proposal is in every respect fair, in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all, the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions of the contract to which the proposal pertains. The. Proposer proposes and agrees, if this proposal is accepted, he will execute an appropriate City of Miami , document for the purpose of establishing a'formal contractual relationshi °between himself and the City of Miami, Florida, for the performance of all requirements` to 'Which the Proposal pertains. The Proposer states that the proposal is based upon the items for Proposals issued by the City, dated' ' .,y `' Operation and Maintenance of the Melreese and Miami Springs Golf Courses 1802 N.W. 37 Avenue, Miami, and 650 - Curtiss Parkway Mia a Sprinris '' reepeativei lorida. • 6 5 : SECTION tV: DEC TION (Document #1) • day of , 1989. managemen SECTION. V:. PROPOSAL (Document #2) TO: Office of the City Clerk City of Miami, Florida ATTN: Property and Lease Management (1) The undersigned hereby makes a proposal for an agreement of twenty (20) years with the City of Miami, Florida for the Operation and Maintenance of the Golf Courses. The privileges of operating and maintaining the golf courses will be further specified in an agreement to be entered into and between the Successful Proposer and City of Miami. (2) Describe in—your format and attach to the last page of this PROPOSAL form, labeled "Attachment A ", the following: PART I: OPERATION A. Narrative description of how the proposer wifl operate the golf courses. Please: be as explicit as possible. B. The following information should be p Proposed, of operation and time schedule for start of operations. Descripp tion of supervisory o ., � ations. PART II: MAINTENANCE PROGRAM • Narrative description of the proposed regular sa ,grogram, -for ,the ; .gold 1 including grounds,..., . aerv3 cer. areas system= and -, : lighting . Such . iea ij 'tion. . d0 Ail a specta,�including„ :b ,:rts t,444 tea ., - , ntingr, - t �.. Dar for lai services. $4 pt4ive deacrip .i.on ;; ,Qf rspairownces ; • ,� ppovided,.., , or,t- .9onrar Qr, r, a1 n 3n :,g 31,,4ptab1e working order r aiid' safe. co h 1 i II IJ Yid A) C. Any other pertinent information concerning repairs and /or maintenance. PART III: PROPOSER'S EXPERIENCE AND PROFESSIONAL REPUTATION A. Narrative description of the proposer's experience and that of key personnel involved in the overall operation and maintenance of the golf course. B. Narrative description of the professional reputation of the Proposer, including the names and qualifications of key personnel involved in the overall operation and maintenance of the golf courses, who will be on site daily. PART IV: PROPOSER'S FINANCIAL CAPABILITIES A. Narrative description of Proposer's financial capabilities to operate and maintain the golf course including Proposer's most recent financial statement. B. The following documents may also be submitted: 1. Balance sheet less than -90 days old 2. Current Income and Expense Statement 3. Business Income Tax Reports for the last three years. PART V: COMMUNITY INVOLVEMENT. • Narrative description of the extent of the proposer' s support and . involvement. community in relation. : - to the= ..operation ' r management of golf courses. PART :.VI :: MINORITY' PARTICIPATION A. Narrative description of the extent of Minority involvement in the proposed golf. course .operation and maintenance program, either as suppliers, ioint venture gar- subcontractor,; fir Atta i Affirmative Action Program _ utilised >. by yopr firm if _ any.: , B. Complete the attached for entitles "Nino Classification and Participation Iffo t f l Acknowledgment" (Docixe+�a� �.: - :�- �3) +:' Proposal. (3) Indicate financial return to . the City using provided in Document 14 "MICR PROPO$AZ" (a) Minimum annual guarantee to the City. (b) Indicate the percentage of the grass receipts offered to the City of Miami as a fair return. (c) Any additional financial benefit to the City, in narrative form. (4) FIRST SOURCE HIRING AGREEMENT COMPLIANCE CLAUSE PROPOSER acknowledges that it has been furnished a copy of City of Miami Ordinance No. 10032, the First Source Hiring Ordinance attached herein as Exhibit B. The First Source Hiring Agreement policy requires that as a condition precedent to entering into any contract when such project is of a nature that creates new jobs, a First Source Hiring Agreement be negotiated between the Successful Proposer and the City's authorized representative, if .so applicable. Successful Proposer shall comply with applicable provisions of Ordinance No. 10032, including any amendments thereto. (Proposer's Initials) (5) Indicate understanding and willingness to comply with any and all other items in the "Regyiest for Proposals" not addressed in the previous five (5) sections of this "Proposal" by initialing below. (Proposer's Initials) (6) It is expressly understood that the City of Miami reserves the right to accept or reject any or all proposals, and it is further understood, that acceptance of any proposal and corresponding agreement is subject to the approval of the City Commission. (Proposer's Initials) (7) The undersigned expressly authorized the City of Miami.to solicit and obtain information and verification from any source' named in or in connection with this proposal. 15 ( Proposer's Initial. ul, ' IS BID pnppos L STi XITTED BY (Name of Individual or Corporation) (Address of Individual or Corporation) (Signature) (Title) (Signature) (Title) (If a corporation, please attach a Corporate Resolution and affix corporate seal here and on the Corporate.Resolution) �Vli�uf ' Document No. 3 MINORITY CLASSIFICATION AND PARTICIPATION INFORMATION AND ACKNOWLEDGMENT 1. Indicate CLASSIFICATION of Business Enterprise (PROPOSER): [ ] BLACK { ] HISPANIC [ ] WOMAN [ ] OTHER . 2. Detail MINORITY /FEMALE PARTICIPATION within your firm, or as it may apply to this proposal, if awarded: A. JOINT VENTURE: Provide information regarding Minority/ Female firm participating as such, and the extent of participation. % of Dollar Firm Name Business Address Proposal Amount B. SUBCONTRACTORS: Provide information regarding Minority /Female firms that will be subcontractors for this proposal and their extent of the work % of Dollar Firm "Name Business Address EX2p26al Amsamt C. SUPPLIERS: Provide detail regarding Minority /Female Firms that will supply you with goods or services, and the extent %of Firm Name Business Address Proposal D. AFFIRMATIVE ACTION PROGRAM (detail of program must attached) If existing, Dote Implemented: If planned, Date of Proposed ImplemCntation: Dollar. The undersigned PROPOSER acknowledges that it has received a copy of Ordinance No 10062, the Minority and Women Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. PROPOSER: SIGNATURE: ATTEST: mi.1.. 1 CITY OF MIAMI a GUARANTEE MINIMUM PAYMENT OF: P R I C E P R O P O S A L Document No. 4 , For the right to operate and maintain two Golf Courses per the foregoing specifications, the undersigned agrees to pay the City of Miami: dollars (in words) [$ (in figures)] per year, plus tax, payable in twelve monthly installments. (Proposals offering less than one hundred thousand dollars ($100,000) per year will not be accepted) • per cent (in words) [ % (in figures).] of proposed: gross receipts from the operation of the Golf Courses. SUBMITTED BY: PROPOSER: SIGNED • `ADDRESS CITY /STATE /2IPT TELEPHONE - rk 4 TERMS AND CONDITIONS • TO BE CONSIDERED IN THE MANAGEMENT AGREEMENT INSURANCE The Successful Proposer shall maintain during the term of the Agreement the following insurance: 'A. General Liability Insurance on a Comprehensive General Liability coverage form, or its equivalent, with a combined single limit of at least One Million ($1,000,000) Dollars for bodily injury and property damage. liability. Products and completed operations coverage, personal injury,' contractual liability, and premises medical payments coverages shall be included. The City shall be named as an Additional Insured on said policy. S. 'Automobile Liability Insurance covering all owned,: none owned hired vehicles in amounts of not leak" than $100,000 per accident and "$300,000 per occurrence for bodily injury and $25,000 property damage. C. All Risk Property insurance coverage on : a replacement., cost basis for real and personal property located presides managed', operated and/or: maintained iy Successful Pro ser for Ci The ; Ci . `shall' be Po tY `` ' . -tY ae an``additional insured on such policy: The policy or policies of insurance required shail_be.. w n =V ritte in',4:r-manner such that the policy or policies may not be canceled or materially changed. without isixt _ f days' {' advanoe ' written "'notice to Cityo " ' writ en i3nn MAW:: 'sent to ttie Insurance ° anager, . City a' s • -Law Department,' 'One ` Third A ar�iva ` Florida, 33131. Evidence . of compaiance with the insurance requireme me s_ alb. filed with the Insurance Manager of th_ e....City ,of :M exe "� cution ' of f e Aqs +rnit' $and' ". s sari s _. ehAlt be t suib j eat 'to ' s'„ 'approva]. `'Of the 'Ins41r'a i aflce ' policies required'`` must ' be'' wri tt. c bpainies ii , M1 . .. : r ,. a ,.. _ . j saw n �t�n � ncLa1 `li ill dgth, : r :Tl 4 tbs `' at Ind" tion f :GO y ; UbU ebsd P'Alfrsd` i4• , Beat = company 4 the: a tp Lanc .. wi i' .., " regal r t i- tai BuOc eaistul . Proposer of its iiability, is eeati on or under any -other pOrti5 :' Or SECTION VI: DAMAGES OR LOSS TO iniungERIELEMERTX Successful Proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of the agreement for any personal injury, loss of life, or damage• to property sustained in or about the premises, by reason of or as a result of the Successful Proposer occupancy thereof, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. Successful Proposer releases the City from any and all liability, cost or expenses for damage, or loss to the Successful Proposer's property for any cause whatsoever. UTILITIES Successful Proposer shall pay for all utilities consumed on the property as well as connection and installation charges - thereof; and waste collection, if any. $ I:ATION OF PREMISES Successful Proposer agrees to permit the City Manager or his designee to enter upon the premises at any time for any purpose the City deems necessary to, incidental to, or connected with the performance of'...the City's duties and obligations hereunder or in the exercise of `itsr or functions. puLits.' AND REGULATIONS Successful Proposer agrees that it will abide by any and all. rules= and regulations pertaining to the use Of' the premises which are not iri "- effect, • or which may at any time during the ter t of.. the =agreement be promulgated." LEF UL'i' p1;OVISION In the event that Successful Proposer, shall fail to compl each and every term and condition of the: agreement , :or perfo a: any of 'the terns: and Condit/on, '# 7re�in, } City,' at its sole o tion'' u on (30) days written Successful Proposer, ' ' may;' cancel and ,' terminate ' a atli` "advancss, =, improven►ent¢ - or ' other Campense' .on - 'shall forf..tsd k4 # SuvcissefiUI Proposer, not ,{ ;.' a a` : „ =pena :tyx �F ` u ia+i iodated ° : s` NONDISCRIMINATION Successful Proposer agrees that there will be no discrimination against any person on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap in the use of the premises and the improvements thereon. It is expressly understood that upon presentation of any evidence of discrimination, the City shall have the right to terminate the agreement. AWARD OF GREEMKMT Successful Proposer warrants that it has not employed or retained any person employed by the City to solicit or secure the agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the city any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of making the agreement. CONFLICT OF INTEREST Succesaful•Proposer covenants that no person under its employ,who presently exercises any functions or responsibilities .,in connection with_ the agreement _has any personal financial interests, direct or indirect, in the agreement. The Successful Proposer further covenants that, in the performance of the lease. agreement, no person having such conflicting interest sha1L.: employed.. Any such interest on the part of, th Successful, Proposer or its employees must be disclosed in. writing- City, a • • Successful-Proposer is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County code, Section 2 -11.1) and the Florida Statutes, and agrees that it will fully comply in all respec : with.the. t erms.of ; said; laws. Successful Proposer, , in' the performance of the .agreementv,,s be; subject to the. more .restrictive. law ; and /or g4140 .40* regarding : conflict of interest, promulgated by , federal,., : etate, O# local government. TIDIRm CONTRAC'1'OR - St , u.fU1: a_ Proposer, its employees and agents shall be deemed . to.. be iependent Contractors, and 'not agents or employees of Cit( and shall not, attein, any rights , or : ,benefits liner PiV Ser ric�e� £ or ., P hn. Q;dinana of Cii.t 9r �. ya fi afforced - or : unclanaifie&- a p1Qy8►s:r ,: b�: . :n i ` to th4:4, $lor +da ,p ork F Igp 42 niir `A, de Iii 1B 1u I,IIII Ildlkli 110111.1 ali■•, Successful Proposer acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women BusineSs Affairs Procurement Program Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. COKPLTAN E WITH FEDERAL,., STA'I'R AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal,- state and local governments. GROSS RECEIPTS The term "gross receipts" as used herein shall mean all monies paid or payable to the Successful Proposer for green fees, ancillary operations or other fees paid by any person or entity for the use of the golf courses, whether collected or un- collected, whether for cash or credit, provided however that any sales taxes imposed by local, county, state or federal law and paid by purchaser on authorized service or activity of Successful Proposer directly payable to a taxing authority shall be excluded from the computation of gross receipts. All cash shortages are to be absorbed by Successful Proposer and are not to be deducted from gross receipts. Bad debts, returned checks and charges for same are also not to be deducted from gross receipts. Other items such as reimbursements, refunds, purchase discounts or rebates, and employee loan repayments are not to be included as gross receipts or commingled with records of gross receipts. AUDIT AUDITAIGHTS Successful Proposer shall provide City a letter from an independent Certified Public Accountant which establishes that the internal controls of the Successful Proposer are adequate to safeguard its assets and properly reconcile accounting transactions. City reserves the right to audit the records of Successful Proposer at any time during the performance of the agreement and for a period of up to three (3) years after final payment is made under this Agreement. REaORDI AND REPORTS Successful Proposer shall maintain throughout the term of contract all books of account, reports and records, which include cash register tapes of transactions, in accordance :W generally accepted accounting practices and Standards. ,exertion of the agreement,. the form of the records', reports operating controls are subject to the written approval of C d' 23 r it Internal Auditor, whose further recommendations shall be complied with by Successful Proposer upon request. Such record shall be kept separately and apart from any other business or businesses of Successful Proposer. Records must be available locally within Dade county and shall be maintained during the term of the Contract. A monthly report of gross receipts and other supporting documents shall be submitted to City by the 15th day of each month along with payment due. The form of the report package shall have the prior approval of City. The following minimum reports must be provided: 1. Monthly report of gross receipts 2. Monthly State sales tax return An annual certified statement of Golf Courses operations shall be submitted within forty -five (45) days of the end of each twelve- month period. Any adjustments due City as a result of gross receipts versus minimum guarantee shall be payable at that time. It is the intent of City that it shall receive all amounts as net, free and clear of all costs and charges arising from or relating to said operations and maintenance, and that the minimum guarantee or percentage of gross receipts, whichever is- greater, shall be paid monthly. J -88 -1153 1'/12/89 . feez3 ORDINANCE No. 1,053E • . AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE ", OF THE COOL Or THE CITY OF MIAMI, FLORIDA, AS AMENDED, 8T REDEFINXNG THE TERM ")MINORITY ANO WOMEN -OWNED BUSINESS ENTERPRISE AND DEFINING THE TERM "VENDOR" IN SECTI011 18 -68; REQUIRING IN SECTION 18 -72 THAT TH8 GOAL OF AWARDING AT LEAST FIFTY -ONE PERCENT '(S19) OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO MINORITY /WOMEN SMALL BUSINESSES 88 APPLIED TO ALL CITY OF MIAMI BIDS AND CONTRACTS; REVISING SECTION 18 -73.10 PROVIDE THAT ALL CITY OF MIAMI INVITATIONS, REQUESTS AND /0R ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES, LETTERS OF INTEREST AND /OR QUALIFICATION STATEMENTS CONTAIN THE APPROVED MINORITY /WOMEN BUSINESS ENTERPRISE (M /4488) PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10062 - MINORITY /WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM; REQUIRING THAT ALL RESULTING AWARD AND /OR CONTRACT DOCUMENTS CONTAIN THE REQUIRED COMPLIANCE FORMS RELATIVE THERETO; REVISING SECTION 18 -73(5) TO EXPAND UPON THE AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18 -76 AUTHORISING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH THE REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE COMPLIANCE WITH THE CODS; FURTHER, PROVIDING FOR RESOLUTION OF DISPUTES REGARDING' WITHHELD PAYMENTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING SECTION 18 -77 DES!GN*TING THE DIRECTOR OF THE OFFICE OF M /08E AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING AND IMPLEMENTING M /W88 BID AND CONTRACT PARTICIPATION - REQUIREMENTS, COMPLIANCE GUIDELINES,. AND MONITORING ,AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVBRABILITY CLAUSE. WHEREAS, Ordinance No. 10062 dealing with Minority /Woven Business Affairs end Procurement established the annual goal of procuring /contracting fifty -one percent (519) with minority /women owned end managed business enterprises; and WHEREAS, Administrative Policy. Manual 4 - 86 (AMC 4 - 86), issued October 1, 1986, provides for the administrative implementation of Ordinance NO.' 10062; and WHEREAS, it has been dattrminsd ' that there is furthjtr need Y ' for legislative relief to obtain said goals, particulsrly it rilates to the City's bid, proposal and contract process and the resulting is one bid /contract by bid /contract basis tO achieve.the annual goals; 1101/, THS EFORE, SE 11 ORDAINED SY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: • Section 1. Section 19 -6A, is hereby amended in the following particulars. 'Soc. 19 -69. Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the following meanings: • • • • • Minority and women -owned ama11 business enterprise means a business enterprise in which at least fifty -one percent (Sit) of said enterprise is owned by Slacks, Hispanics or Women whose management and daily business operations are controlled by one or more Stacks, Hispanics or Women i wh` 111" a ezteue of_ `n tr.t • jive t 2S 1 e■ olov e es or have a net worth not in excess, of twn pillion dollar&.' • vendor. means any s to the City di providing serv or equipment purchase, field or blanket order or contract.' Section 2. Section i9- 72(a)'v is hereby amended by. adding the following ianguager '(a) The objective= of the City is to achieve - a :`goal of awarding a minimum of ; fifty -one percent (31%) the total annual dollar volume of ell-procurement expenditures_ to Slack, ..hispanic.and women -owned small - business enterprises to be apportioned as follows: Seventeen percent (17%) .to..- Siscks. seventeen percent to:Hispanics -and seventeen :percent (179) to eomsnl;. city Midi_ apd contracts.' Section 3 . . Section : t$- 73:. is,. hereby amsnded : by,'adding the following language: AWAIKL.required statementeonxcentracts gent/ Lie the enprov.d _ r.ayir bent* fp= 1 Words. and /ori.fi r stricken ''thr ugh shall be •d1e. &111GS1d..' underscored words and /or tlqurss sh4fl bt mod...: ..• xinsainin+ °provesions => Sr. nor "' LOT x: ?tflest . = nnahsnged, - Astsrisksy ; ,, indicate : a hied.. 41ii+d polls tit P.nt• t r►n! f r t}►! ott12212fl. of datal[A1atIIQ ri ,..,. .•n�nt t tt - thst rlte. ts bi It shell be mandatory for e City o c o nt r ac ts and /or procurement award documents followings • • • • (5) A requirement that each bidder, Qr with the bid or proposal an submit along Any signi significant of �tive action pla ns AAP) . A pa equity participants, parties subcontractors, suppliers or other e is s to tubmht bid or proposal shall also be required such plans. _- this pbittc t_v�t - - -- lu sty ,t 1r fEirwa iw "• t tamlo a ■ •ra ii teals e r ce tr a Kenders— and QAe al,wii de aL....LbS:'! ■ =fePtl 32 .... hs tv. • - } :.... t� asenrtt ..L ..... of s f1r & t VS tiQII pe s.. ••� with ham_ • • • • Section 4. The following new Section 19-76 is added in its entirety* SOO. 19 -76. Administrative Procedures. The Departments of Pinanco, Public Works -and General Wervices Administration ere authorised to estabii�h with the provvisionstes set forth herein, coup •» The Finance Department is mandated to institute payment procedures which will insure, in those instances in which the M /WBE bld or contract requirements result in chat =acts, Subcontracts r d joint uanventures hereto shall / be in that compen provided a check able to the primary the form o made proposer, and (if appropriated joointlntly) bidder to the m in p ��women business enterprise jiy) minority/ women subcontractor or joint venture pa not' rtner in an amount nuno, to exceed the subcontracted or joint venture the prime based upon approved invoices submitted by contractor, proposer or joint venture, -to the City. In the event a dispute should arise as to the the terms and performance nt of the primary contractor or bed or Pays bidder/proposer or the M /1sBE, under procurement award conditions of the City contract or p document, compensation shall be withheld until such time set forth in this Chapter fo accordance with resolving disputes. All Administrative Directors shall amend their existing policies and procedures or to create such new one with may be required to insure and report on compliance all aspects of this article." Section S. The following new Section 18 -17 is added in.its entirety: 'Sec. 18 -77. Designation of Business Office ss Affairs. The Director of the. Office of Minority /women Business Affairs is designated as the official responsible for establishing M/WBE bid and contract /award requirements, creating and implementing compliance guidelines, reporting all he to the City disputes, and ." Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this i3th day of December • 19 "x• PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONI•T this day of Janua ;v • 19 ii• i1 Cit Clerk XAVIER G. sulatsx, mayor PREPARED ASO APPROVED ET: Assistant City Attorney APPROVED AS TO PORN AND CORRECTNESS: JOT: �. L. r- At1DEs Cit Attbrne r , 1 J -85 -380 ORDINANCE NO. 1 0 0 3 2 AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE HIRING AGREEMENT" AND SETTING AS A CONDITION PRECEDENT TO THE EXECUTION OF CONTRACTS RESULTING IN THE CREATION OF NEW PERMANENT JOBS, THE SUCCESSFUL NEGOTIATION OF A "FIRST SOURCE HIRING AGREEMENT" BETWEEN THE PRIVATE INDUSTRY COUNCIL OF SOUTH FLORIDA /SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, AUTHORIZED REPRESENTATIVE OF THE CITY OF MIAMI, AND THE ORGANIZATION OR INDIVIDUAL RECEIVING SAID CONTRACT, UNLESS SUCH AN AGREEMENT I3 FOUND TO BE INFEASIBLE BY THE CITY MANAGER, AND SUCH FINDING IS APPROVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, WITH THE PRIMARY BENEFICIARIES OF THIS AGREEMENT BEING THE PARTICIPANTS OF THE CITY OF MIAMI, TRAINING AND EMPLOYMENT PROGRAMS AND OTHER RESIDENTS OF THE CITY OF MIAMI; CONTAINING A REPEALER _ PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the City Commission'is df the concept of "First Source Hiring Agreement ",_which priority employment to City, of Miami training and participants 1 hiring situations resulting „frog the publ funds,, tr ove . or through the City, and /or special granted by the City of Miami, and; WHEREAS, the City, Commission passed (Resolution So. 84498, July 3a,, 1984) :and; WHEREAS, the City Commission of' te. .ity wishes to assure continuing employment opportunitieWe )rg 4 of e' C1ty . of : Baal, and; —era MiEp S, the, ..u1�f.h0rised rap_ resentat.i�r the tit ' of the "Fir.pt fouree $irin a +� WHEREAS, the City Commission has declared . its_,intent "that'public projects that are financed by public funds, CETA participants, who are eligible are to be giver priority" (M ion 83-1018, November 16, 1983), and s `porting' would give; esployment ay�ppart� ,, pf privileges ; Asspit.ion "establishing; an advisory committee to, recommend - a_ " ;irm o r ur Hiring Agreement" policy for implementation by the.City. ,pf .Miam and appointing ,certain individuals tc serve or tt►at,cattii M ai w<,;: . I project basis with the recipient of contracts for facilities, services and /or grants and loans ftom or through the City of Miami, and; WHEREAS, those organizations and individuals receiving contracts for facilities, services and /or grants and loans from or through the City of Miami should participate in the "First Source Hiring Agreement" as it is in the best interest of said parties and City of Miami residents, and; WHEREAS, for the purpose of this resolution, contracts for facilities, services and /or grants and loans with the City of Miami are defined in Section 2 of this Ordinance, and; WHEREAS, those organizations or individuals receiving the identified public funds, by the receipt of contracts for facilities, services and /or grants and loans would be required, precedent to the execution of said contracts to enter- into negotiations with the authorized representative, as defined in Section 2. of the Ordinance, and to arrive at a "First Source Hiring Agreement" which is satisfactory to both parties, and; WHEREAS, the special duties and responsibilities of the H authorized representative to implement "First_ Source Hiring Agreements" are spelled out `in the pprovislona. 'of a Resolution being_ considered fo_r adoption,.by the_City on Tune 13, 19851 and WHEREAS, a model "First. Source Hiring Agreement" attached herewith, for illustrative purposes only; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OFMIAMI, FLORIDA: Section 1. That this Commission hereby approves implementation of the "First Source Hiring Agreementil'policy:an • "'quire* as a condition precedent' to the execution of service contracts for facilities, services, end /or receipt, of grsnVis loans, For projects of a nature ' that create- ;` ney Jobs, successful negotiation ' of "First Bourg* ' Hiring : ` A;gxR3 !eP It , -n between'the organisation or, individual receiviTt•'_said nt a the authorised representative unlace _''su aijr+ retitle infeasible by the City PYaneger . and. s $'indl><$ . ; the City Coamistion Of tIi. City' of. lUasi at a:.pubUU ... • Section 2. Definitions. For the purpose of the Ordinance, 'the following terms, phrases, words and their derivations shall have the following meanings: A. Service Contracts Iaeans contracts for the procurement of services by the City of Miami which include professional services. B. Facilities means all publicly financed projects, including but without limitation, unified development ojects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. C. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. D. . Grants and Loans means, without limitation, Urban Development Action Grants (UDAG), Economic Development Agency construction loans, loans from Miami Capital Development, incorporated, and all federal and State grants administered by the City of Miami. E. Authorized. Representative means the Private Industry Council of South Florida /South Florida Employment end Training Consortium, or its successor as local recipient of federal and State training and employment funds. Section 3. The authorized representative negotiate each "First Source Hiring Section Y. The primary beneficiiri *s ofFLhe° *•Firsst Source Hiring Agreement" shall be participants of the -City of Miami training and employment programs, and other residents ;o the City of Miami. Section 5. All ordinances, or parte there° conflict herewith are hereby repealed. Section 6. Should any part of or - provi$ion Ordinance be declared by a court of competent jµrtadietion invalid, same shell not affect the validity of the Ordin whole. day of PASSED AND ADOPTED ON SECOND AND FINAL READ/NO Of TITLE ONLY this 12th day of September ,, 1985. NAURI A. AT r CITY CLERK PREPAID AND APPROVED BY:' u Ata I T F. CLARK $ CHIEF DEPUTY CITY ATTORNEY APPROV LUCIA A. GUM CITY ATTORNEY FORM AND CORRECTNESS: PASSED ON FIRST READING BY TITLE ONLY THIS 1Sth , 1985. 1, o Clerk of tht City of her :h) crai: ■ that ..:1 1)' � / da} ut pp,, f)..1 + /(6 C t•14.•tll:: ..11; JilllCCi'' � �rf ttur-'141;1 .a4. .ti llk VC: i:. :.a the +I.�C prtiid:J' iOt• A.Ni. • .t.W i.I:b 1.3 id.t. hi aIt.iCitiar (hc , i . ,r N..itJ IGrit e, 1 s' .iht 11. MODEL , . FIRST SOURCE AGREEMENT (POR ILLUSTRATIVE PURPOSES MT) This First Source Agreement for recruitmeve, screening, referral and placement is between the Private Industry Council of South Florida/South Florida • Employment and Training Consortium. hereinafter referred to u "PIC"/"SFETV, mu Ims ne moment, emrtahB will use tie PIC/SFETt as 1U first — itirei • ' ._ hereinafter referretto as "EPPLATER'. Under as ri and source for recruitment, so:reining, referral and placement in •covered positions'. I. GENERAL' TEN1S A. The PIC/SFETC wishes to assure Toymek -opportunitiet-for participants in the. City of---141em1:trainingTend . -employment programs -and ., other, •-..residents • as the primary beneficiaries, with employers located within the City of Miami. p. ; The £NPLOYEk wishes to use the PIC/SFETC as a first -source': for • recruitment, screening, referral and placement of employee' in lestryleverposittees: 7.14; 4- : rL C. The: EMPLOY13t .willlierovidetootificatiorito:;thePtC/SFETVO4111:,: position:k f include vmeneigmeeit, tmChntca1p 11.d :profestilionalo vetenetisity Which latencies tore :let dSSIn*d is • 'covered -peddles°. .; D. 'the , IIIC/SFLTClivillpnrildeil4amployisent recnaltmenti scren1n. referral and pigment services • to :the EMPLOYER isedditt::to. limitations sat forth 1M :this Agreivant. • : AgraWilitt Shell tale 'fiat when signed thSPs1�i • slid liteTT be inlion ;?forcipliteffact for:the ‘ 10.1.10 -11111101114\ , . . 4 • itecRutaariln 1;1 Q. 4 ' A. The PTC/SFETC.; and EMPLOYER: ogre. le that ::for • Agromment. "towered poiitions". Include - 011: DmU spenihgs srstat. a/ 'a - result workforce. idtkla 16e. - job' ctitssificitionsi Attachment • . . , P ill, 1.1d IL ii1V rl Iv. PLACEiINT 0. In the went PIC/SFETCcannot refer the total number of qualified - personnel requested, the EMPLOYER will be free to directly fill . realming position for which no lifisd applltants have been referred. In this event. the a will make every effort to hire economically disadvantaged residents of the aemmaity. A. The,DIPLOYER will make all decisions on hiring now employees -but.: will select its eep1oyses for covered positions from wog the qualified persons referred by PIC/$FETC. I. PiC/SFETC will. track -fob mention of .septa pined a nd this r Agreaeent for at least 30 days following copletlon ef subsidized on-the-job training. The EMPLOYER agrees to co-operate in PTC/SFETC's follow -up efforts. C. After the EMPLOYER. has selected/1s elected/trtred >seiploysss, PIC/SFETC�irt 1 not be responsible for the :employes' „actions• and the; :.- relases PIC/SFETC; from+ annyy itabtllty for their ,-aetions.,,.:Th esepinvses arm somberly of EMPL.OYQf rorktOTce. _1 -tri V. TRAINING A. PIC/SFETC said the • EMPL;OYER':my develop on- the -job training egfs* - alone.; Saksctsd, train , meet, :-the e»g1h11I y er "�lor such. ., . training , ificatt.0ss �s t oo - r. trei� e� .� mill be ewthelly agreed epos by the y . PIC/s C. $ VI11. per;; Of this_. Ii !I/nlr. -� G. TM: QYER ` -W'11 no discontiaiee providing routine training because of this Agreeneeet. VI. REDS, A. PI/gilt �uT psid�' -1 1s the employees are actively- isvo train's, as specified in Section f.A: Fr. e -t.42 Y ,4 e. t ci�.milt= y = M oPOR . • . alb C. The EMPLOYER agrees to submit on a monthly basis documentation that will verify the actual hours of on.the-job training provided (timesheet/timecard). ::• O. The EMPLOYER will insure that requests for reimburameentaill not exceed those costs mutually agreed upon in Sections V.A. end VISAS E. PIC/SFETC,. throvph its Service Providers, •1411: provide reimbursement for the above costs as per documentation submitted by_theiMPLOYB. F. The reiMernsmeant instrument to be used by EMP6iflOt:Wi11 outsell, agreed upon between PIC/SFETC and the;EMPLOYER.'='!.''''''' VII. TAX CREDITS A. PIC/SFETC will act on behalf of the EMPLOYER to coordinate with the Florida State Job Service to determine the eligibility of PIC/SFETC trainees hired by the EMPLOYER for Federal Targeted Jobs Tax Credits, State Tax Credits for New Jobs and State Um Credits .for New or Expanded Businesses. as aOpropriate. VIII. CONTROLLING REGULATIONS ANO LANS . Aviv.If thisiAgresient conflicts with labor laws or otner govern-,.. pepti1 regulations. the laws or regulations shall prevail. - ' — -,......,,,,, If this Agreement conflicts with i Collective bergeleinuegre, 'i• mot to which the EMPLOYS is a party. the bergeininceireseeet - shall prevail. .-...., . -reiji,a.?" C. The EMPLOYER will provide Ple/GFGTC With 1ttsa docsntatlo� that the EMPLOYER has provided the represeetativelitanyrievelieU. 4.,,,.. 14 collective harlots's, unit uith:a cow, of this Agrentlmidium IA - --- ---- If the ragmsminimilve hW 517 '' vr comments or objections. the EMPLOYER will provide this - : to D. The mum will mot discriminate egsiesC APIS tent because of races religion. ege.-lood4O0P.oO *MOW °ripe, citissesbip.ergolitical effilistitet. f- """" "— -" " ,„ ...,• • ee 4 • • ••i', 5 r 1 —1 f o i m omthh Florida Employment . and Training Consortium IX. p0OIFICAtIOMS. TERMMI MTION A. The ElPLOrER , and PIC/SFETC may mutually agree to modify this rei In order to improve the working relationship dot:rlbed S. . The PIC/SFETC may terminate this Agreement at any time by 30 days written suspended or notification t inaited before or ua during the �ttr$ct ' p era C. the EPLOYER may terminate this Agreement at ag! time by 30 days written notification It, for reasons the OILOTER does not cause♦ the EMPLOYER finds it impossible r to porton, as specified In this: - and modification of .this Agreement told r . not eliminate rre for which the EMPLOYER finds it impossible to. form... s . Dated this day of ed: By .Title, .,x