7THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
TERM:
AlTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Quentin Pough, Director of Parks & Recreation "".,
May 2,2017 Agenda Item NO.:~
A Resolution authorizing the City Manager to enter into the Community
Space Lease Agreement with Miami-Dade County for lease of 6701 SW 62
Avenue, South Miami, Florida for one (1) year with a two (2) additional
one (1) year period.
The City of South Miami operates programs and activities for older adults
Monday through Friday at the Miami-Dade County Senior Center located
at 6701 SW 62 avenue. This facility is utilized to provide a wide variety of
programs and services such as computer literacy classes, meal and
nutrition programs, information and assistance services, social and
recreational services (Le. games, walking), transportation services (Le.
field trips, grocery shopping), just to name a few.
The Community Space Lease agreement with Miami Dade County is
required to operate the City's programs and services to seniors registered
in the Seniors Program.
The term of this agreement shall be from January 1, 2017 to December
31, 2017; at the sole option of the Landlord, this agreement may be
renewed for two (2) additional one (1) year period.
Resolution
Community Space Lease Agreement
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RESOLUTION NO.: ......................................... .....
A Resolution authorizing the City Manager to enter into the Community Space Lease
Agreement with Miami-Dade County for lease of 6701 SW 62 Avenue, South Miami,
Florida for one (1) year with a two (2) additional one (1) year period.
WHEREAS, the City's Parks and Recreation Department operates programs and activities for
older adults Monday through Friday at the Miami-Dade County Senior Center, located.at 6701 SW
62 avenue; and
• WHEREAS, this premise is utilized to provide a wide variety of programs and services such
as computer literacy classes, meal and nutrition programs, information and assistance services,
social and recreational services (i.e. games, walking), transportation services (e.g. field trips,
grocery shopping), just to name a few; and
WHEREAS, the Community Space Lease agreement with Miami-Dade County is required to
operate the City's senior programs and services at 6701 SW 62 avenue; and
WHEREAS, the term of this agreement shall be from January 1,2017 to December 31,2017;
at the sole option of the Landlord, this agreement may be renewed for two (2) additional one (1)
year period.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute a Community Space Lease
Agreement with Miami-Dade County. A copy of the agreement is attached.
Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutionaJ by a court of competent jurisdiction, the hoJding shall not affect the
validity of the remaining portions of this resolution.
Section 3: This resolution shaU become effective immediately upon adoption.
PASSED AND ADOPTED this ___ day of _____ -"', 2017.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Edmond
Commissioner Liebman
Commissioner Harris
Community Space Lease Agreement
This Community Space Lease Agreement ("Agreement"), made this __ day of
_____ , 20_, is entered into by and between Miami-Dade County, a political
subdivision of the State Of Florida (hereinafter referred to as "County" or "Landlord"), located at
111 N. W. 1 st Street, Miami, Florida 33128 and City of South Miami, (hereinafter referred to as
"TenantlProvider") whose address is 6130 Sunset Drive, South Miami, Florida 33143.
WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the
uniform health and welfare of the residents throughout Miami-Dade County; and
WHEREAS, the Landlord recognizes the importance of providing supportive services to
residents of its assisted housing which includes Public Housing residents, Section 8 Housing
Choice Voucher recipients, home ownership participants and other government assisted housing
participants; and
WHEREAS, the TenantlProvider which is a not-for-profit organization or government
entity, provides or will develop services of value to the Landlord and its assisted housing
residents and has demonstrated an ability to provide these services; and
WHEREAS, the Landlord is desirous of obtaining such services of the TenantlProvider
for its assisted housing residents and the TenantlProvider is desirous of providing such services;
and
WHEREAS, the Landlord agreed to lease its space on its assisted housing premises to
the TenantlProvider so that TenantlProvider can provide its services to assisted housing residents
and accordingly passed Resolutions Nos. R-753-13, R-296-99, 891-92 and 287-89,
NOW, THEREFORE, in consideration of the mutual covenants record herein, the
parties hereto agree as follows:
I. THE PREMISES. The Landlord shall lease to TenantlProvider the lremises located at
the South Miami Plaza Public Housing Development, 6701 SW 62 n Avenue, South
Miami, Florida (hereinafter "Premises").
II. THE SCOPE OF SERVICES. While the TenantlProvider is in possession of the
Premises described in paragraph I of this Agreement, the TenantlProvider agrees to
render the services in accordance with the scope of services incorporated herein and
attached hereto as Attachment A. TenantlProvider agrees that at least fifty percent (50%)
of its clients at anyone time shall be residents of Miami-Dade County assisted housing.
Assisted housing shall mean public housing, Section 8 housing, affordable home
ownership program, and other government assisting housing programs. TenantIProvider
shall actively seek residents of Miami-Dade County assisted housing as clients. Failure
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to serve assisted housing residents at the percentage level described above shall be
grounds for termination of this Agreement in accordance with Paragraph XXII of this
Agreement. TenantIProvider shall report the following information in writing on a
quarterly basis to the site manager of the Landlord's housing department, Miami-Dade
Public Housing and Community Development Department (PH CD) which oversees the
Premises described in Paragraph I of this Agreement: the actual number of assisted
housing residents served within the previous three (3) months and the type of services
they received; the actual number of children of assisted housing residents served within
the previous three (3) months and the type of service they received; the percentage of its
clients who are assisted housing residents; and the percentage of its clients who are
children of assisted housing residents.
III. AUTHORIZED AGENT ON PREMISES. TenantlProvider shall designate a
responsible individual on site that is authorized to communicate with and receive
communication from the Landlord's site manager in order to effectuate a cooperative and
efficient use of the Premises by the TenantlProvider.
IV. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall
be from January 1,2017 to December 31, 2017. At the sole option of the Landlord, this
Agreement may be renewed for two (2) additional one (1) year periods.
V. RENT PAYABLE. TenantIProvider shall pay rent in the amount of zero ($0) per
month/year. The rent shall be due on or before the first of each month/year. In the event
TenantlProvider fails to meet its obligations to serve at least fifty percent (50%) of the
residents of Miami-Dade County assisted housing, the Landlord shall give
TenantlProvider ten (10) days written notice of their non-compliance. TenantlProvider
shall have ten (10) days from th~ date of said notice to cure such non-compliance. In the
event, TenantlProvider fails to cure such non-compliance, the Landlord, at its sole
discretion, may terminate this Agreement or charge the fair market rent for the Premises,
which shall be determined by the Landlord at the expiration of the cure period.
VI. USE OF PREMISES. TenantIProvider shall use the Premises only to provide the
services described in the scope of services which is incorporated herein and attached as
Attachment A. TenantlProvider shall be entitled to use the space described only during
the hours of 7am to 4pm Monday through Friday. TenantlProvider shall leave the
Premises clean at the completion of programs each business day. The Landlord agrees to
allow the TenantlProvider from time to time to utilize the space after normal business
hours for the purposes of conducting meetings, trainings, or for other program related
reasons. The Tenant/Provider agrees to advise the Landlord's site manager in advance of
the date and time it desires to use the space beyond hours stated in this section.
TenantlProvider is responsible for securing its own personal property and agrees to hold
Miami-Dade County harmless in the event of loss, theft, or damage when resident
programs are conducted in the leased space.
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VII. CONDITIONS OF PREMISES. The Landlord shall ensure that the Premises are in a
state of good repair and suitable for occupancy by the TenantlProvider at the
commencement of this Agreement. By entering into this Agreement, the TenantlProvider
agrees that the Premises will be returned to the Landlord in the same condition as when
received subject to normal wear and use.
TenantlProvider shall comply with community room capacity laws and therefore shall
ensure enough space for the safety and enjoyment of the participants.
The Landlord has the right to inspect the Premises at any time to assure that all terms of
the lease are being met. TenantlProvider must immediately take corrective actions as a
result of the Landlord's inspection findings.
VIII. PARKING. Parking spaces for program participants shall be negotiated with the
Landlord. The negotiated parking arrangement shall be reduced to writing and attached
to this Agreement as Exhibit B. Buses or commercial vehicles will only be permitted to
park at Landlord's facilities to make deliveries or drop off passengers.
IX. UTILITIES. TenantlProvider shall pay for utilities directly to the correspondent utility
company. If the utility meter covers several areas, TenantlProvider shall pay the
Landlord for its utility consumption in proportion to the space it uses, as determined by
the Landlord.
x. MAINTENANCE. TenantlProvider shall be responsible for maintaining the Premises.
All routine maintenance and minor repairs shall be performed at the Tenant/Provider's
expense. If the Landlord performs routine maintenance and minor repairs on behalf of
the TenantlProvider, the Landlord shall charge the TenantlProvider for time and materials
used. Routine maintenance and minor repairs include but are not limited to: plastering
and interior painting; electrical work such as installing or changing lamps, bulbs and
fuses, replacing outlet covers and other work that does not require rewiring or working
inside the electrical box; minor plumbing repairs such as changing a faucet; repairing air
conditioners; changing air conditioners filters; minor line blockages; replacing kitchen
cabinets and counter tops.
The Landlord shall be responsible for major repairs. Major repairs include but are not
limited to: replacement of roofs or central air conditioner units; structural repairs;
interior electrical wiring; electrical panel replacements and repairs; major plumbing
repairs; fire control systems; and exterior painting.
The TenantlProvider shall not make renovations or install any fixtures, equipment,
fencing, or locks without prior written approval of the Landlord. All fixtures installed by
TenantlProvider shall become the property of Landlord upon termination of the lease
agreement.
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The TenantlProvider shall be responsible for reimbursement to the Landlord for any and
all losses or damages to property and/or equipment resulting from the operations of the
Tenant/Provider's programs.
TenantlProvider shall maintain and operate the Premises in a clean and sanitary condition
and return same to Landlord at the expiration or termination of this lease.
XI. KEYS. Locks may be changed with the Landlord's permission at the Tenant/Provider's
expense, if the Landlord's site manager is immediately furnished a set of keys.
XII. SIGNAGE. All signage must be in keeping with the residential nature of the property,
all applicable building and zoning laws, and approved in writing by Landlord prior to
installation.
XIII. JANITORIAL SERVICES. The TenantlProvider shall be responsible for all janitorial
services including cleaning supplies. In the event that the TenantlProvider requests
janitorial services from Landlord, services will be provided for a fee to be negotiated
between Landlord and TenantlProvider. The negotiated janitorial services and fee shall
be reduced to writing and attached to this Agreement as Exhibit D.
XIV. TRASH AND GARBAGE DISPOSAL. TenantlProvider shall make all necessary
arrangements, including billing, with local trash and garbage disposal companies. The
TenantlProvider may also pay Landlord for this service. The negotiated extermination
services and fee shall be reduced to writing and attached to this Agreement as Exhibit E.
XV. INDEMNIFICATION BY PROVIDER.
(A) All Other TenantslProvider. TenantlProvider shall indemnify and hold
harmless the Landlord and its officers, employees, agents, and instrumentalities
from. any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the Landlord or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes or actions
or proceedings of any kind or nature arising out of, relating to or resulting from
the performance of this Agreement by the Tenant/Provider or its employees,
agents, servants, partners, principals or subcontractors. Tenant/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 Landlord, where
applicable, including appellate proceedings, and shall pay all costs, judgments,
and attorney's fees which may issue thereon. TenantlProvider expressly
understands and agrees that any insurance protection required by this Agreement
or otherwise provided by Tenant/Provider shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the Landlord or its officers,
employees, agents and instrumentality's as herein provided.
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XVI. INSURANCE.
(A) Tenant/Provider Obligations.
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1. Modification and Changes. The Tenants shall notify the Landlord of any
intended changes in insurance coverage, including but not limited to any
renewals of existing insurance policies. Upon review of the
Tenant/Provider's Scope of Services (Attachment A) by Miami-Dade
County's Risk Management Division, the Landlord may increase,
decrease, waive or modify any of the following insurance requirements.
Any request by a TenantlProvider to decrease, waive or modify any of the
following insurance requirements must be approved in writing by Miami-
Dade County's Risk Management Division.
2. Minimum Insurance Requirements: Certificates of Insurance. The
Tenant/Provider shall furnish to Miami-Dade County, Public Housing and
Community Development, 701 NW 1 Ct, 16th Floor, Miami, FL 33136,
Certificate(s) of Insurance which indicate that insurance coverage has
been obtained which meets the requirements as outlined below:
(a) Worker's Compensation Insurance for all employees of the
TenantlProvider as required by Florida Statute 440.
(b) Commercial General Liability Insurance on a comprehensive basis
in an amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage. Miami-Dade
County must be shown as an additional insured with respect to
this coverage.
(c) Automobile Liability Insurance covering all owned, non-owned
and hired vehicles used in connection with the work, in an amount
not less than $300,000 combined single limit per occurrence for
bodily injury and property damage.
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida,
with the following qualifications:
1) The company must be no less than "B" as to management,
and no less than "Class V" as to financial strength, by
Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the
approval of the County Risk Management Division.
or
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2) The company must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in
Florida," issued by the Department of Financial Services
and are members of the Florida Guaranty Fund.
(d) Certificates will indicate that no modification or change in
insurance shall be made without thirty (30) days written advance
notice to the certificate holder.
(e) Compliance with the foregoing requirements shall not relieve the
TenantlProvider of its liability and obligations under this section or
under any other section of this agreement.
(f) Modification or waiver of any of the aforementioned insurance
requirements is subject to the approval of Miami-Dade County's
Risk Management Division. The Tenant/Provider shall notify the
Landlord of any intended changes in insurance coverage, including
any renewals of existing policies.
(g) The County reserves the right to inspect the Tenant/Provider's
original insurance policies at any time during the term of this
Agreement.
(A) Failure to Provide Certificate of Insurance. If the TenantlProvider fails to
furnish the Landlord with the Certificate of Insurance or written verification
required under this section or as determined by Miami-Dade County's Risk
Management Division after review of the Scope of Services (Attachment A), the
Landlord deem this to be a breach of this Agreement as set forth in Paragraph
XXII of this Lease. Failure to provide the Certificates of Insurance or written
verification within sixty (60) days of execution of this Agreement may result in
termination of this Agreement.
NOTE: MIAMI DADE COUNTY CONTRACT NUMBER AND TITLE OF
CONTRACT MUST APPEAR ON EACH CERTIFICATE.
CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
111 NW 1ST STREET
SUITE 2340
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XVII. PROOF OF LICENSURE AND CERTIFICATIONS. If the TenantlProvider is
required by the State of Florida or Miami-Dade County to be licensed or certified to
provide the services or operate the facilities outlined in the Scope of Services
(Attachment A), the Provider shall furnish a copy of all required current licenses or
certificates. Examples of services or operations requiring such licensure or certification
include but are not limited to child care, day care, nursing homes, and boarding homes.
Failure to provide the licenses or certificates within sixty (60) days of execution of this
Agreement may result in termination of this Agreement.
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A. Background Screening: The Tenant/Provider agrees to comply with all
applicable laws, regulations, ordinances and resolutions regarding background
screening of employees and subcontractors. TenantlProvider's failure to
comply with any applicable laws, regulations, ordinances and resolutions
regarding background screening of employees and subcontractors is grounds
for a material breach and termination of this Agreement at the sole discretion
of the Landlord.
The Tenant/Provider agrees to comply with all applicable laws (including but
not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435,
Florida Statutes, as may be amended form time to time), regulations,
ordinances and resolutions, regarding background screening of those who may
work with vulnerable persons, as defined by section 435.02, Florida Statutes,
as may be amended from time to time.
In the event criminal background screening is required by law, the State of
Florida and/or Miami-Dade County, the TenantlProvider will permit only
employees and subcontractors with a satisfactory national criminal
background check through an appropriate screening agency (Le., the Florida
Department of Juvenile Justice, Florida Department of Law Enforcement or
Federal Bureau of Investigation) to work in direct contact with vulnerable
persons.
The Tenant/Provider agrees to ensure that employees and subcontracted
personnel who work with vulnerable persons satisfactorily complete and pass
Level 2 background screening before working with vulnerable persons.
Provider shall furnish the Landlord with proof that employees and
subcontracted personnel, who work with vulnerable persons, satisfactorily
passed Level 2 background screening, pursuant to Chapter 435, Florida
Statutes, as may be amended from time to time.
If the Tenant/Provider fails to furnish to the Landlord proof that an employee
or subcontractor's Level 2 background screening was satisfactorily passed and
completed prior to that employee or subcontractor working with a vulnerable
person or vulnerable persons, the Landlord, at its sole discretion, shall
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terminate this Agreement in accordance with Paragraph XXII of this
Agreement
XVIII. CONFLICT OF INTEREST. The TenantIProvider agrees to abide by and be governed
by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at
Section 2-11.1 et al. of the Code of Miami-Dade County), as amended, which is
incorporated herein by reference as it fully set forth herein, in connection with its contract
obligations hereunder.
XIX. CIVIL RIGHTS. The TenantlProvider agrees to abide by Chapter l1A, of the Code of
Miami-Dade County ("County Code"), as amended, which prohibits discrimination in
employment, housing, and public accommodations on the basis of race, color, religion,
ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status,
status as a victim of domestic violence, dating violence or stalking, gender identity,
gender expression, sexual orientation, or source of income; Title VII of the Civil Rights
Act of 1968, as amended, which prohibits discrimination in employment, housing, and
public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended,
which prohibits discrimination in employment and public housing accommodations;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which
prohibits discrimination on the basis of disability; and the American with Disability Act,
42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the Landlord 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 Transits Act, 49
U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the TenantlProvider
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 Landlord to be in violation of
these Acts, the Landlord will conduct no further business with the TenantlProvider. Any
contract entered into based upon a false affidavit shall be voidable by the Landlord. If
the TenantlProvider violates any of the Acts during the term of any contract the
TenantlProvider has with the Landlord, such contract shall be voidable by the Landlord,
even if the TenantlProvider was not in violation at the time it submitted its affidavit.
The Tenant/Provider certifies that it is in compliance with the Domestic Violence Leave,
codified as § l1A-60 t. seq. of the Miami-Dade County Code, which requires an
employer, who in the regular course of business has fifty (50) or more employees
working in Miami-Dade County for each working day during each of twenty (20) or more
calendar work weeks to provide domestic violence leave to its employees. Failure to
comply with this local law may be grounds for voiding or terminating this Agreement or
for commencement of debarment proceedings against the Provider.
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xx. PUBLIC RECORDS. If applicable, pursuant to Section 119.0701, Florida Statutes, the
Tenant shall:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the Landlord in order to perform the service;
(b) Upon request from the Landlord's custodian of public records identified
herein, provide the Landlord with a copy of the requested records or allow
the public with access to the public records on the same terms and
conditions that the Landlord would provide the records and at a cost that
does not exceed the cost provided in the Florida Public Records Act,
Miami-Dade County Administrative Order No. 4-48, or as otherwise
provided by law;
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement's term and following
completion of the services under this Agreement if the Tenant does not
transfer the records to the Landlord; and
(d) Meet all requirements for retaining public records and transfer to the
Landlord, at no Landlord cost, all public records created, received,
maintained and/or directly related to the performance of this Agreement
that are in possession of the Tenant upon termination of this Agreement.
Upon termination of this Agreement, the Tenant shall destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically
must be provided to the Landlord in a format that is compatible with the
information technology systems of the Landlord.
For purposes of this Article, the term "public records'" shall mean all documents,
papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official business of the Landlord.
In addition to penalties set forth in Section 119.10, Florida Statutes, for the failure of
the Tenant to comply with Section 119.0701, Florida Statutes, and this Paragraph xx of this
Agreement, the Landlord shall avail itself of the remedies set forth in Paragraph of this
Agreement.
"IF THE TENANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE TENANT'S DUTY TO PROVIDE
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PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
LANDLORD'S CUSTODIAN OF PUBLIC RECORDS AT:
Miami-Dade County
Public Housing and Community Development
701 N.W. 1st Court, 16th Floor
Miami, Florida 33136
Attention: Alisa Caballero
Email: ALARA@miamidade.gov
XXI. NOTICES. It is understood and agreed between the parties that written notice addresseq
to the Landlord and mailed or delivered to the address below and written notice addressed
to the TenantlProvider and mailed or delivered to the address below shall constitute
sufficient notice to either party.
Landlord
Public Housing and Community Development (PHCD)
701 NW 1st Court, 16th Floor, Miami, FL 33136
TenantlProvider
City of South Miami.
6130 Sunset Dr., So., Miami, FL 33143
XXII. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of each
of the parties and does not stipulate or imply affiliation between the contracting parties. It is
expressly understood and intended that the TenantlProvider is only a tenant/provider and is not
an agent or instrumentality of the Landlord.
XXIII. BREACH: REMEDIES
(A) Breach. A breach by the TenantIProvider shall have occurred under this
Agreement if: (1) the TenantlProvider fails to adequately provide the services
outlined in the Scope of Services (Attachment A) within the effective term of this
Agreement; (2) the TenantlProvider does not furnish the Certificates of Insurance
required by this Agreement or as determined by Miami-Dade County's Risk
Management Division; (3) the TenantlProvider does not furnish proof of licensure
and certification required by this Agreement, including but not limited to any
required background screening required by this Agreement; (4) the
TenantlProvider fails to pay rent on or before the date that it is due; (5) the
TenantlProvider does not have the required percentage of assisted housing
residents or their children as clients; (6) the TenantlProvider fails to properly
maintain the Premises, make repairs, pay utilities, obtain garbage collection,
complete extermination, and or perform other general upkeep of the Premises; (7)
the TenantlProvider discriminates under any of the laws outlined in Section VII of
this Agreement; (8) the TenantlProvider falsifies or violates the provisions of the
Drug Free Workplace Affidavit (Exhibit F); (9) the TenantlProvider, attempts to
meet its obligations under this Agreement through fraud, misrepresentation or
material misstatement; or (10) the TenantlProvider fails to fulfill in a timely and
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proper manner any and all of its obligations, covenants, agreements and
stipulations in this Agreement.
Waiver of breach of any provisions of this Agreement shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the
terms of this Agreement.
(B) Remedies. Landlord and TenantlProvider may terminate this Agreement and
may pursue any and all remedies available under applicable law for a breach
under the Lease Agreement. If, for any reason, the TenantlProvider should
attempt to meet its obligations under this Agreement through fraud,
misrepresentation or material misstatement, the Landlord 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 days before
the effective date of such termination. The county may terminate or cancel any
other contracts which such individual or entity has with the county and that such
individual or entity shall be responsible for all direct and indirect costs associated
with such termination or cancellation, including attorney's fees. Any individual
or entity who attempts to meet its contractual obligations with the county through
fraud, misrepresentation or material misstatement may be debarred from county
contracting for up to five (5) years. The Landlord may seek to evict
TenantlProvider by filing an action in a court of appropriate jurisdiction.
(C) Damages Sustained. Notwithstanding the above, the TenantlProvider shall not
be relieved of liability to the Landlord for damages sustained by the Landlord by
virtue of any breach of the Agreement. The landlord may also pursue any
remedies available at law or equity to compensate for any damages sustained by
the breach. The TenantlProvider shall be responsible for all direct and indirect
cost associated with such action, including attorney's fees.
XXIV. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement may
be terminated by either party· hereto by written notice to the other party of such intent to
terminate at least ninety (90) days prior to the effective date of such termination or as
determined by law. The director of the Public Housing and Community Development is
authorized to terminate this Agreement on behalf of the Landlord.
XXV. MISCELLANEOUS.
(A) Sublease. The parties agree that no assignments or sublease will be made or let in
connection with this Agreement without the prior written approval of the
Landlord, which shall not be unreasonably withheld, and that all sub lessors or
assignees shall be governed by the terms and conditions of this Agreement.
(B) Agreement Guidelines. The TenantlProvider agrees to comply with all
applicable Federal, State and County laws, rules and regulations, particularly the
Landlord/Tenant Act, which are incorporated herein by reference or fully set forth
herein.
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(C) Modifications. Any alterations, variations, modifications, extensions or waivers
of provisions of this Agreement including but not limited to rent 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 has established the Office of 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 'l4 of 1 % of the total contract amount.
(D) 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 witnesses, 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 in compliance with plans, specifications and applicable
law.
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The Inspector General is empowered to analyze· the necessity of and
reasonableness of proposed charge orders to the Contract. The Inspector General
is empowered to retain the services of Independent Private Sector Inspectors
General (IPSIG) 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, lobbyists, 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 in 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, 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.
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The provisions 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 subcontracts and all other agreements executed by
the Provider in connection with the performance of the contract.
Nothing in this Agreement shall impair any independent right of the Landlord to
conduct audit or investigative activities. The provisions of this section are neither
intended nor shall they be construed to impose any liability on the Landlord by
the Provider or third parties.
Notwithstanding the provisions set forth herein, the Landlord has the right to
retain the services of an Independent Private Sector Inspector General (IPSIG),
whenever the Landlord deems it appropriate to do so. Upon written notice from
the Landlord, the Provider shall make available, to the IPSIG retained by the
Landlord, all requested records and documentation pertaining to this Agreement
or any subsequent award for inspection and copying. The County will be
responsible for the payment of these IPSIG services, and under no circumstance
shall the Provider's cost/price for this Agreement, be inclusive of any charges
relating to these IPSIG services. The terms of this provision herein, apply to the
Provider, its officers, agents, employees and assignees. Nothing contained in this
provision shall impair any independent right of the Landlord to conduct, audit or
investigate the operations, activities and performance of the Provider in
connection with this Agreement or any related contract. The terms of this
provision are neither intended nor shall they be construed to impose any liability
on the Landlord by the Provider or third party.
(E) Totality of Agreement/Severability of Provisions. This (12) page Agreement with
its attachments as referenced below contain all the terms and conditions agreed
upon by the parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Agreement Program Narrative (Scope of Services)
Parking Agreement (Not Applicable)
Utility Payment Schedule (Not Applicable)
Janitorial Services (Not Applicable)
Extermination Services (Based on type of service)
Miami-Dade County Affidavits
State Public Entities Crime Affidavit
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or bind any of the parties hereto. If any provision of this
Agreement is held invalid or void, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
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(F) 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 Landlord Attorney's Office, provided, however, that the Landlord may
effect amendments to this Agreement without the written consent of the
Tenant/Provider, to conform this Agreement to changes in the laws, directives,
guidelines, and objectives of County, State and Federal governments.
(G) Nothing herein shall alter, affect, modify, change or extend any other agreement
between the Provider and the Landlord, or any department of Miami-Dade County
unless specifically stated herein.
(H) The invalidity of all or any part of this Agreement shall.not render invalid the
remainder of this Agreement or the remainder of such section, if the remainder
would then conform to the requirements of applicable law.
(I) This Agreement shall be governed under the laws of the State of Florida as to all .
matters, including but not limited to matters of validity, construction, effect and
performance. Venue for any litigation between parties regarding this Agreement
shall lie only in state and federal court in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized officers as of the day and year first above written.
(SEAL)
ATTEST:
City of South Miami
AGENCY'S NAME
By: __________________________ __
(Signature of Authorized Representative)
Type or Print Name
Witnesses:
By: __________________________ __
(Signature)
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By: ________________________ ___
(Signature of Authorized Representative)
Type or Print Name
By: ________________________ ___
(Signature)
Page 14 of15
Type or Print Name
ATTEST:
HARVEY RUVIN, CLERK
By: __________________________ __
DEPUTY CLERK
Approved as to form and legal sufficiency:
By: ________________________ __
Assistant County Attorney
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Type or Print Name
MIAMI-DADE COUNTY, FLORIDA
By: ________________________ __
MAYOR OR DEPUTY MA YOR
Page 15 of15
32SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS JlEln:UY givt'n that lh{' City Commis"iiun (Jllh~' City OfSOlllh :Y]iami, Fh)ritla will conduct
Public HC'aring(~) aJ il:;: regular City Cumnm::,ioll tn(.'cllllg 'ichl'dulcd (in Tuesday, '~.:Jay 2. 2017, beginning
«17.00 p.m.,;n lhr City C{mllllis~jon Ch,mlb[,J"s. 6BO Sun'ir.t Driw, I() ('onsidl'r illl' following ;1('m(s):
A Rl'''iolution of the ell), Commission or the Cily of South Miami. Flotilla, pUf~lIal11 to Srclioll
It)7 .. ~632, (If the FJflfida SWllll!:'s. proviliing lor:1 Uniform ?felhfld f,r Collecting Nfln-Ad Vul{Jn~m
A!'I..,c~~mL'llI.'i for Sl(JnnwJlcf SCfvicl'!oI, i1ulhori.ling L'llit'ling inlo an Inlcrlocal Agll'cfIll'llI with Miami-
Dude COllnty to pillcr thl~ City's proposed Non-Ad Valnn~m Assc')smenls on thl' County Ttl'-Bill.
(
A Reso1ution anth.OriliUg the City Manager to c1l1cr Ilito the Corrununity SPrl(,~ Le;1.~C Agrel'mcnlj
with Miumi-Dude County for lril';;C of 6701 SW (}2 Awnuc., Soulh Miami. Flonlla fnr Olll! III )'l!ar
wilh ii two (2) addItional (InC (1) year pl'tiod.
An OrclinaTll'c Illlll.!nrling the City of SOUTh Miami emir of OnlilliJ1l(:es, Chapler 11, Scr1ions 11-4 imd
1 J ~22 10 add and amend defInitiolls and 10 r~'vi~c lhc reqllirement') for trash wllcclion.
ALL interested pal1ics iJrc invited to iJllcnd illld will hr heard.
For r11Tlha informillion. please conlacllhr City CIL'fk\ OITlCl' a!: :m5~(l63-634U.
Mari;l ~\t1. Mrncmlcz. CMC
ell\' Clerk Pur~l1,mll,) Floriu::. St;lIlI1"'~ 21\(,.0105, lhl' C'lly Ih'h'l,y :HJvis,'~ Ill<" !,uf'>li, Ihal jf a rcr~nll (In IJC~ II' .ll;I';~al any .. k<"i~illn maUl' hy lh!~
fhlilrJ, A!!l'lIty I'T (','mllli~sif'lI lVllh rcsFl! I,) any !nalll'T f,pmi .. kr.'d ,1\ il~ mITring IOf Ilt'~nng, hl' M ~h~ will IlC,'U,l r'~"IITJ "I Ihl'
l'Tl'n'l'ump, ,,:,(1 thtll f,'! ~urh l'url"'~t', .11l'l'l'I,'d 1'\'r~O!l m;ty Ilc,~,1 II' l'n~\Jrc Ih It ;t wrhatim jC':llrJ ,lr !h~ rr"I1.!,'dingl< j~ m",k whit:h
h'd'Til In..!uJc'' lh,' "'~linH'ny ~mll'vjJI'nl'~ UI'''11 wJ<i~h IllL' ;ll'r'~Jll~ H' hI: h,l'l'J,
NOTICE BY THE CITY OF SOUTH MIAMI
OF INTENT TO USE
THE UNIFORM AD VALOREM METHOD
OF COLLECTION OF A NON-AD
VALOREM ASSESSMENT
Notice is hereby given to all owners of lands located within the boundaries
of the City of South Miami that the City of South Miami intends to use the
uniform ad valorem method for collecting the Stormwater non-ad valorem
assessments levied by the City of South Miami as set forth in Section
197.3632, Florida Statutes, and that the City Commission will hold a public
hearing on Tuesday, May 2, 2017, at 7:00 p.m. at the 6130 Sunset Drive,
Commission Chambers. The purpose of the public hearing is to consider
the adoption of a Resolution authorizing the City of South Miami to use the
uniform ad valorem method of collecting the Stormwater non-ad valorem
assessments levied by the City of South Miami as provided in Section
197.3632, Florida Statutes. The City of South Miami is considering adopting
a non-ad valorem assessment for 2018, for the purpose of collecting the
Stormwater User Fees. This non-ad valorem assessment is levied for the
first time which was previously charged in the utility bill.
I SUNDAY APRil 23 2017
MIAMIHERAlD.(OM
TAKE YOUR SAVINGS
FROM ORDINARY ...
... TO EXTRAORDINARY!
OPEN YOUR CD ACCOUNT TODAY!
STOP BY YOUR LOCAL BRANCH OR VISIT
POPULARCOMMUNITYBANK.COM/CD-SAVINGS.
MIAMI DAILY BUSINESS REVI,EW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before . the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices .of the Miami. Daily Business Review
f/k/a Miami. Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy .of advertisement,
being a Legal Advertisement .of Notice in the matter of
NOTICE OF PUBLIC HEARt'NG
CITY OF SOUTH MIAMI-MAY 2,2017
in the XXXX Court,
was published in said newspaper in the issues of
04/21/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as sec.ond class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid n.or promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for