Res No 090-17-14891RESOLUTION NO.: 090-17-14891
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 shan 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 unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 3: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 2nd day of_-=M=ay"--__ ...J. 2017.
COMMISSION VOTE: 5-0
Mayor Stoddard Yea
Vice Mayor Welsh Yea
Commissioner Edmond Yea
Commissioner Liebman Yea
Commissioner Harris Yea
(i',
South'Miami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CllY O.F PLEASANT .lIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
TERM:
ATTACHMENTS:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Quentin Pough, Director of Parks & Recreation ".,
May 2,2017 Agenda Item No.:i
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
Community Spaee Lease Agreement rfr J ~ommunity Space Lease Agreement C'Agreemeilf,. made this 1-1 day of
d 0 v~20.L:l is entered into by and between Miami-Dade County, a politica.l
subdivision of the State of Florida (hereinafter referred to as "County" or "Landlord"), located at
III N.W. 1st Street, Miami. Florida 33128 and City 'of South Miami, (heremafter referred to as
"TenantIProvider") 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
WlBIJEREAS, the ~dlord.recognizes dle 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
. .
WEIEREAS, the TenantJProvider 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 bas demonstrated an ability to provide these services; and! .
WJBIEREAS. 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;
ud .
WHEREAS, the Landlord agreed to lease its space on its assisted housing premises to
the TenantlProvider so that TenantJProvider 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:
1. THE PREMISES. The landlord shaBilease to TenantIProvider th~remises located at
the South Miami Plaza Public HOU$ing Devel,?pment, 6701 SW 62 Avenue, South
Miami, Florida (hereinafter "Premises").
II. THE SCOPE OF SERVICES. While the TenantlProvider is in possession of the
Premises descn'bed 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 housfug.
AsSisted' housing shall mean public housing. Section 8 housing, affordable heime
ownership program. and other government assisting housing programs. TenantlProvider
shall actively seek residents of Miami-Dade County assisted housing as clients. Failure
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to serve assisted housing residents lilt the percentage level described abov~ shall be
grounds for ·tennination of this Agreement in accordance with Paragraph xxn of this
Agreement. TenantIProvider shall report the following information in writing on a
quarterly basis to the site manager of the LMdlord's housing department, Miami-Dade
Public Housing and. Community· Development Department (PHCD) 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.
m. AU'fHOJlUmn AGENT ON PREMISES. TenantlProvider shall designate a
responsible individual on site that is authorized to conununicate with and receive
'communication ~om the Landlord's site manager in order.to effectuate a coope~tive and
effioientt:use of the Premises by the TenantIProvider.
rv. EJFFlECT1IVE TERM. Both parties agree that the effective term of this Agreement shall
be from January Jl, 2011lto Decemll»er 31, lOll.7. At the sole option of the Landlord, this
Agreement may be renew~ for two (2) addi~onal one (1) year periods.
V. lRENT PAYABLE. TenantlProvider shall pay rent in the amoUnt of zero (SO) per
month/year. The Irent 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. Tenant/Provider
shall have ten (10) days from th~ date of sidd notice to cure such non-compliance .. In the
event, TenantlProvider falls to .cure such lllonacompli~ce) the Landlord, at its sole
discretion, may terminate this Agreement or charge the fair market rent for the Premises,
which shall be detennined by the Landlord at the .expiration of the cure period.
VI. lUSE' OF PlREMlISES. TenantlProvider shall use the Premises only to provide the
services described in the scope of services which is nncorporated herein and attached as
Attachment A. TenantIProvider shall be entitled to use the space described only during
the hours of 7am to 4pm Monday through Friday. TenantiPlI'ovider shall leave the
Premises clean at the completion of programs each business day. The Landlord agrees to
all~w 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 TenantIProvider agrees to advise the Landlord's site manager in advance of
the date and time it desires to use the space beyond hol.lfS stated in this section.
TenantlProvider is responsible for securing its own personal property and agrees to ·hold
Mi~-Dade County hannless in the event of loss, theft, or damage when resident
programs are con~ucted in the leased space. .
Page2of15
VII. COwmONS OIF PREMISES. The Landlord shall ensure that ~e Premises are in a
state of good repair and suitable for occupancy by the TenantIP~vider at the
commencement of this Agreement By entering intO this Agreement, the TenantlProvider
agrees that the Premises win 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 Landl9rd has the right to inspect the Premises at any time to assure that a11 terms Of
the lease !U'C being met. TenantIProvider must immediately take corrective actions as a
result of the Landlord's inspection findings.
vm. P A.llUONG. 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 perm~ to
park at Landlord's facilities to make deliveries or drop off passengers.
IX. lUTILlTIE§. TenantlProvider shall pay for utilities directly to the correspondent utility
compm:,.y, If the utility meter covers several areas. TenantlProvider shall pay the
Landlord for its utility consumption in proportion to the space it uses, as detennined by
the Landlord.
X. MAJlNTENANCJE. TenantlProvider shall be responsible for maintaining the Premises.
All routine maintenance and minor repairs shall be performed at the TenantIProvider's
·expe~e. If the Landlord penonns routine maintenance and minor repairs on behalf of
the TenantlProvider, the Landlord shall charge the TeoantIProvider for time and materials
. used. Routine .maintenance and minor repairs include but are not limited to: plastering
and interior painting; elec~cal 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 ftlters; 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. .
Page 3 of IS
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The TenantlProvider shall be responsible for reimbursement to the Landlord for any and
all losses or damages to property arid/or equipment resulting from the operations of the
TenantIProvider's programs.
TenantlProvider shall maintain and operate the Premises in a clean and sanitary condition
and !return same to Lan~lord at the expiration' or tennination of this leaSe.
XI. KEYS. Lo~ks may be changed with the Landlord's permission at the TenantlProvider's
expense, if the Landlord's site manager is immediately furnished a set of keys.
XU. SIGNAGE. All signage must be in keeping with the residential nature of the property,
all applicable building and zoning laws, and approved m writing by Landlord prior to
installation.
xm. JANITORIAIL SOVICJES. The TenantIProvider shall be responsible for all janitorial
services including cleaning supplies. In the event that the TenantlProvider requests
janitorial services from Landlord, services win be provided for a fee to be negotiated
between Landlord and TenantIProvider. The negotiated janitorial services and fee shall
be reduced to writing and attached to this AgreeineJ;llt as Exhibit D.
XIV. TRASH AND GARlBAGl& JD)lISJroSAlL. TenantJProvider shall make all necessary
arrangements, including billing, with local trash and garbage disposaQ companies. The
TenantlProvider may also pay Landlord for this service. 1Q.e negotiared extermination
services and fee shall be reduced to writing and attached to this Agreement as Exhibit E.
XV. INDEMNmCA'JrlION BY PROVIDER. ,
(A) All! OtIIBel!' Telllut3lJP1rovidlel!'. TenantIProvider shall mdemnify and hold
harmless the Landlord and its officers, employees, agents, and instrumentalities
frOn;l any and all liability, losses or damages, including attomeys~ fees and costs
of defense, which the Landlord or its. officers, employees, agents or
in$Umentalities 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 perfonnance of this Agreement by the TenantlProvider or its employees,
agents, servants, partners, principals or subcontractors. TenailtlProvider 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 p~gs, 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 TenantIProvider shall in no way limit the responsibility
to indemnify, keep and save hann1ess and defend the Landlord or its officers,
employees, agents and instrumentality's as herein provided.
Page 4 of 15
XVI. INSURANCE.
(Al , Ten8ntlProvider Obligations.' ,
1.. ModBration and Changel. The Tenants shall notify the LllIidlord of any
intended changes in insurance coverage, including but, not limited to any
renewals of existing insurance policies. Upon review 'of the
TenantlProvider'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 requirem~nts must be approved in writing by Miami-
Dade County's Risk Management Division.
2. MinRmWlm lIDSIIlIIl'81D1ce Reowrememu: Oeriificates of lImsunnoo. The
TenantlProvider shall furnish to Miami-Dade Countyr Public Housing and
Community Development, 701 :NW 1 Ct, 16lb Floor, Miami, FL 33136,
CertUicate(s) of lfnsurance which indicate that nnswrance coverage has
been obtained which meets the requirements as outlined below:
(8) Worker's Compensatio~ Insurance for aU employees of the
TenantlProvider as required! by Florida Statute 440.
(b) Commercial General Liability Insurance on a comprehe~sive basis
in an amount not less ~an $300,000 combined single limit per
occurrence for bodily injury and property damage. Miami-Dade
Couoty UDWlt be shown as an· ad.ditiolllal imlsmred with resped to
this eovl!nlge.
(c) , Autol!lobile Liability Insurance covering all o~ed, non-owned
and hired vehicles ~~d in connection .with the work, in an amolDlt
not less than $300,000 combined single limit per occurrence for
bodily iqjury 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 VII as to financial strength, by
Best's Insunnc~ Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the
approval of the County Risk Management'Division.
or
Page SoflS
(d)
(e)
(1)
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," is.sued by the Department of Financial Services
and are members of the Florida Guaranty Fund.
Certificates will indicate that no modification 011' change in
insurance shall be made Without thirty (30) days written advance
notice to the certificate holder.
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.
. .'
Modification or waiver of any of the aforementioned insurance
requirements is subject to the approv9J of MiamiQDade County's
Risk Management Division. The TenantIProvider shan 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 TenantlProvider's
original insurance policies at any time during ·the tenn of this
Agreement.
(A) lFainuJlre to Provide Certificate of IUlllnJl!Ilce, If the TenantIProvider fails to
furnish the Landlord with the Certificate of lfnsurance or written verification
required under· this section or as detennined by Miami..;Dade County's Risk.
Management Division after review or 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: MI!AMJI DADE cOlUmv CONTRACT NUMB~R AND TITLE OlF
CONTRACT MUST AlPlPJEAR ION EACH CERTllFJlCATE,
CERTlIFJ[CATlE BOILDER MUST READ: MIAMI-DADE COUNTY
Jlllll. NW 11. Sf STREET
SUITE 2340
MIAMlf, lFL 33128
Page 6 oflS
xvn. PROOF OF ]LICENSURE AND CERTlIFICATIONS. If t?e Tenan~o~der is
required by the State of Florida or Miami-Dade COWlty to be hcensed or cert1fie~ to
provide the serYices or operate the facilities outlined in t?e Scope o~ Semces
(Attachment A), the Provider shall furnish a copy of all reqwred current licenses or
certificates. Examples of ~rvices 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 certifi~ates within sixty (60) days of execution of thi~
Agreement may reSult in termination of this Agreement.
.A. Background Screening: The TenantJProvideJl' agrees to comply with all
applicable laws. regulations, ordinances and resolutions regarding background
screening of employees and subcontractors. TenantfProvi4er's failure to
C(jinply with any applicable Raws, regulations, ordinances and resolutions
regarding background screening of employees and subcontractors is grounds
for a material breach and temnination of this Agreement at the sole di~retion
of the Landlord. .
The TenantIProvider agrees to comply with all applicable laws (including but
not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 4~5,
!Florida Statutes, as may be &m.eI!lded 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,
IllS 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 (i.e., 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 TenantIProvider 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 backgroWld sCll'eening. pursuant to Chapter 435. Florida
Statutes, as may be amended from time to time.
If the TenantIProvider fails to furnish to the 1,andlord 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 L8!ldlord. at its sole discretion, shall
Page 7 of 15
temtinate this Agreement in accordance with Paragraph xxn of this
Agreement
xvm. CONFLICT OF INTEREST. ,The TenantlProvider agrees to abide by and be, governed
by Miami-Dade County Ordinance No. 72-82 (Conflict of interest Ordinance codi~ed ~t
Section 2-11.1 et a1. 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 llA, of the Code of
Miami-Dade County ("County Code")o 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,
sf.!1tuB as a victim of domestic violence, dating violence or stalking, gender identity,
gender expression, sexual orientation, or source of incomej Title vn 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.~.C., as amended,
which prohibits discrimination in employment and public housing accommodations;
SectioD 504 of the RehabiIif2tion Act of 11973, 29 U.S.C. § 794, as amended, yvhiclh
prohibits discrimInation on the basis of,disability; and the American with I?isability Act,
42 U.S.C. § 12103 et seq., which prohibits discrimination in employment apd
accommodation because of disability.
It is expressly understood! that upon receipt of evidence of discrimination under any of
these laws, the Landlord sball lhave 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 T~nantIProvider
or any owner, subsidiary, or other flI'Dl affiliated with or related to the Provider, is found
by the responsible enforcement agency, the Courts 011' 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 affidavi~ 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 TenantIProvider was not in violation at the time it submitted its affidavit.
The TenantlProvider certifies that it is in compliance with the Domestic Violence Leave,
codified as § 11A-60 t. seq. of the Miami-Dade County Code, which requires an
employer, who in the regular course of business has fifty (SO) or more employees
working in Miami-Dade Coupty for each working day during each of twenty (20) or more
calendar· work weeks to provide domestic violence leave to its employees. Fapure to
comply with this local law may be grounds for voiding or tenninating this Agreement or
for commencement of debarment proceedings ag~st the Provider.
Page 8 orIS
XX. PUBLiC RECORDS. If applica~le, pursuant to Section 119.0701. Florida Statutes, the
(a)
(b)
(c)
(d)
Tenant shall: . .
Keep and maintain public records that ordinarily and necessarily ~ould be
required by the Landlord in order to peIfonn the service;
Upon requ~ "cram'the Landlord's custodian of public records identified
hereiri. provide the Landlord wiih 8 copy of the requested records or allow
the public with access to the public .records on the same tenns ~d.
conditions that the Landlord would provide the records and at a cost that
does not exceed the cost. provided in the Florida Public Records A(!t,
Mi~-Dade County Administrative Order No. 4-48, or as otherwise
provided by law;
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 ~nn and following
completion of the services under this Agreement if the Tenant does not
transfer the ~cords to the Landlord; and
Meet all requirements for retaining public records and transfer to the
Landlord, at no Landlord cost. ail public records created, received,
maintained and/or directly related! to the performance of this Agreement
that are in possession of the Tenant upon tenmination 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 electroni~ly
must be provided to the Landlord in a format that is compatible with the
information technology systems of the Landlord.
For puiposes of this Article, the tenn "public records'" shall mean all documents,
papers, letters, maps, books, ta~s, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical fonn. characteristics, 01\' means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official b.usiness of the Landlord.
In addition to penalties set forth in Section 119. n 0, Florida Statutes, for the failure of
the Tenant to comply with Section 119.0701, Florida Statutes, and this Pai-agraph 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 'mE TENAN'll"S DUTY TO PROVIDE
Page 90f15
PUBLIC RECORDS REJLA1'J[NG TO 'Jl'IDS AGREEMENT, CONTACT 'l!'lBIE
LANDLORD'S C1[JS1l'ODJIAN OF PUBLIC RECORDS AT:
. Miami-Dade County
Public Housing and Community Development
701 N. W. 1st Court, 16111 Floor
Miami, Florida 33136
Attention: Alisa Caballero
Email: ALARA@miamidadc.gov
XXI. NOTICES. It is understood and agreed between the parties that written notice addresse4
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.
lLmndlord
Public Housing and Community Development (PRCD)
701 NW lllr Court, 16111 Floor, Miami, FL 33136 .
1'e!lllmraWroviderr
City of South Miami.
6130 Sunset Dr., So., Miam~ FL 33143
XXli. AUTONOMY. Both parties agree thaa 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 LMdHooo.
XXffi.BREACB: REMEDmS
(A) lBreac:l:n. A breach by the TenantlProvider shan have occurred WIder this
AgreC?ment if: (1) the TenantIProvider fails to adequately provide the services
outlined in the Scc:>pe of Services (Attachment A) within the effective tenn of this
Agreement; (2) the TenantlProvider does not furnish the Certificates of Insurance
required by this Agreement or as detemuned by Miami~Dade County's Risk
Management Divisiolll; (3) the TenantIProvider does Illot furnish proof of licensure
and certifi~tion required by thjs Agreement, including but not limited to any
required background screening required by this Agreement; (4) the
TenantIProvider fails to pay rent on or' before the' date that it is due; (5) the
TenantIProvider does not have the required percentage of assisted housing
residents o~ their children as clients; (6) the l'enantIProviderr fails to prpperly
maintain ·the Premises, make repairs, pay utilities, obtain garbage collection,
complete extennination, and or perform other general upkeep of the Premisesj (7)
~e TenantlProvider discriminates under any of the laws outlined in Section VII of
this Agreement; (8) the TenantIProvider falsifies or violates the provisions of the
Drug Free Workplace Affidavit (Exhibit F); (9) the" TenantIProvider, attempts to
meet its obligations under this Agreement through fraud, qUsrepresentation or
material misstatement; or (10) the TenantlProvider fails to fulfill in a timely and
Page 10 of 15
(B)
, (C)
proper manner any and all of its obligations, covenants, agreements and
stipulations in this Agreement
Waiver of breach of any provisions oftbis 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
Remediea. Landlord and TenantIProvider may tenninate this Agreement and
may pursue' any and all remedies ~vai1able under appli~ble law for a breach
under the Lease Agreement. If, for any reaso~ the TenantlProvider should
attempt to meet its obligations under this Agreement through fraud,
misrepresentation or material mi~tement. the Landllord 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 ondividual or entity has with the county and that such
individual or entity shall be responsible for aU direct and indirect costs associated
with such termination Of 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
TenantlPIrovider by filing an action in a court of appropriate jurisdiction.
Dammges Summoo. 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
reme.dies available at law or equity to compensate for any damages sustained by
the breach. The TenantlProvidell' shall be responsible for all direct and indirect
cost associated with such action, including attorney's fees.
XXIV.1'ElRM!!:N'A'l!'ION BY ElIT!8!E1R PARTY. Both parties 'agree that this Agreement may
be terminated by either party. hereto by written notice'tp the other party of such intent to
tenninate at least ninety (90) days prior to the effective date of such termination or as
determined ~y law. The director of the Public Housing Imd 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 wt1l 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 sublessors or
assignees shall be governed by the tenns and conditions of this Agreement.
(B) Agreement Guidelines. The TenantlJProvider agrees to comply with all
applicable Federal, State and County laws, rules and regulations, particularly the,
LandlordlTenant Act, which are incorporated herein by reference or fully set forth
herein.
Page 11 of15
(C)
(D)
Modifications. Any alterations, variations, modifications, extensions or waivers
of provisions of this Agreement including but not limited to rent ~~ble and
effective tenn shall only be valid when they have been reduced to wnting. duly
'approved and signed by both parties and attached to the original o~ ~s
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 y,. of 1 % of the total contract amount
The Miami-Dade County Inspector General is authorized and empowered to review
past, present and proposed County and Public Health Trust programs, contracts,
transactions, accounts, records and programs. In addition, the inspector General
has the power to subpoena witnesses, adri:J..inister oaths, require the production of
recoIds 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 appUcable
law.
The Inspector General is empowered to analyze· the necessity of and
reasonmbleness of proposed charge orders to the Contract. The Inspector General
is empowered to n:tain 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
conuption. .
Upon ten (10) days prior written notice to the Provider from the Inspector General
or lIPSiO retained by the Inspector General, the Provider shall make all requested
records and documents available to the Inspector General or IPSIO 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 IPSIO's sole judgment, pertain to performance
of the contrac~ including, but no~ 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.
Page 120fl5
The' pr~visions in this section shall apply to the Provider, its officers, agents,
employees. subcontractors and suppliers. The Provider shall incoIporate the
provisions in this section in all subcontracts and all other agreements executed by
the Provider in connection with the performance of the contract.
NothlDg in this Agreement shall impair any independen~ 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.
NotwitJtstanding the provisions set forth herein, the Landlord has the right to
retain the services of an independent Private Sector fnspector General (IPSIG),
whenever the Landl~rd c;leems 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 iliis Agreement
or any subsequeni award for' inspection and copying. The County will be
responsible for the payment of these IPSIG services, and under no circwnstance
shall the Provider'S cost/price fQr 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 assign~s. Nothing contained in this
provision shall impair any indePendent right of the Landlord to conduct, audit or
inveS.tigate the operations, activities and performance of· the Provider in
connection with this Agreement or any related! contract. The mms of this
provision are neither intended. nor shali they be construed to impose any liability
on the Landlord by the Provider or third party.
(E) Totality of Agreement/Severability of Provisions. This @ 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:
Attaclunent D:
Attachment E:
Attaclunent F:
Attachment 0:
I
Agreement Program Narrative-(Scope of Services)
Parking Agreement (Not Applicable)
Utility Payment Schedule (Not Applicable)
Janitorial Services (Not Applicable)
Extennination 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 ~uch remainder would then continue to confonn to the tenns and
requirements of applicable Jaw.
Page 13 of IS
(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, how~ver,· that the Landlord may
effect amendments to· this Agreement without the written consent of die
TenantlProvider, to conform this Agreement to changes in the laws, directives,
guidelines, and objectives of County,· State and F~deral 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 confonn to the requirements of applicable law.
(1) This Agreement shal1 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 causeq this Agreement to be executed by
their respective and duly authorized officers as of the day and year first above written.
(SEAL)
ATfEST:
City of South Miami
AGENCY'S NAME
....... """ .. ....<? ---.. -.. ~
By: ~':::'~~':;::-::'-7'-L B /~:'-) . y: ............
(Sign~?re of Authorized Representative) (Signature of Authorized Representative)
/
Type or Print Name Type or Print Name
Witnesses:
Approved as to fonn and legality:
.'/:;;0<::."1 / /~ ~~) :>"·?CL,""~}4..7,;--~,.::-. By: _ .... _' -v,/ .
(Signature)
City Attorney " " f .r.' /
BY: __ ~.~:}+IL/+i.-uII~.~~'-_·~~>'~~~~~'~t:~<~.,.~,,~.~ __ __
. !-' -(Signatl{re)
By:
Page 14 of 15
Type or Print Name
ATIEST: y"---=-
HARVEY RUVIN, ~::---=-----.')
--7~--. ~
H -~., -.--I _--------
By: "'------/---.-
DEPUTY CLERK
li{! 1<;,1 )/ 6;:; f:~t 1//
Type or Print Name
MIAMI-DADE COUNTY, FL/~~A
/-7'1 "A? /~
By: Y'~I/(:/~_--7l
MA YOR OR DEiitfTY MAYOR
MAURICE L. KEMP
DEPUTY MAYOR
MIAMI-DADE CTY. fl
Page 15 of 15
32SE I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY:NOTICE
NU'flCK IS IlK.kKBY given .hat Ibr (:ily (:umrni'i:!ooion "fmc (!ity III S(AJlb )d;;,ml, PWriiJ:1 will cunLlut't
Pl1bh(" HC'llring(l) al iht regu)m-Cil)' Cc..lnmlJ.qClIl mc'cIJJ~ 'Jt'hrdn)cd IIJf Tl1c",da) I'May 2. 2lH"1. brCilUling
at 7.00 pm. in tht" CJly Coml1l1.uiun ChMnbelS'. 61JU Sun.IISel Drive.lu l"On.qdc,"T lbr folloWIRJ! ill"m(!C):
A RI!SlllutioD (If Ihe City ("onunito,iol1 or IhC' Cil)' of SllUlh Maami. PlMitb. puu:uam 1{) Srclioll
197.31\12. (\1' 1he FJflridil SlI.llulC's. pmyiding tar:l lJnifonn MclllNt ~f Collecting Nt\o·Ad Valorem
A~:iCI.:nu."nl!j fen SIClDtlWaler Scrvice!ro, bulhorirlng cmlt"rlult iDln all hncrJC\CalA:rccmt"nl with MiamiR
Daile C\llIDI)' tu plhcr.lbr.l':ilY'S propnsed NtQI·Ad Vultllt!m Al':;!:'SSITIeDb'lJJl thl' Count)' Tu~ BjIJ
(
A RcsubllU:JU 11IIhomjng Ihi" Cil), Manager to C1l1cr imn the Community SpHre LCi5C Al:tret"mcnlj
with Miam;"Dudc County fur I~:a!lc tJf67U1 SW 6~ Avenue, SUUU1 Mi:Ulli. Flurida fm (me \11 yl!:u'
,,;Ih IIlwo (2) IUldiliOllai (Int t 1. ytar ptnod.
All OrtlinanL"C alnl.,oomg Ihe en)!, til South Miami Codr ufOn.litUllll:t$. Chapter I J. Sectiolls 1]"" bnd
I J ~21 te,l iWd aDd amend d~nrrili(tn~ alld 1(1 revise-the reqldlt"11lCnl~ for Insh ,,'uJleclinn,
ALl. hllcrcsu:'d panic.Ii: 1It'C in\'ill'd 10 i:J1I~nd find will he hc:utl.
Fur lilrlhtr ioformatiCln, pl~a.",c. ,,'onlat:llhL" Cily C)C'rk's OIT1c:r 1\1' :t05~6b3~6~40,
Maria M. Ml'ncndc7_ CMC
Clll'Clerk
Pu;"!lllanl1&\ Ann":: S'f.IIl"~"S lJlifo.llJU5, Ilk' ("ilY ftr,d')' :tdvifdo. th,"oUNlo 111:&1 if:. pcnnn eli" i.feJ b' 31~:.1 ~~)' .k\·hi"'tl m:&c .... 1'0\1 Ihb
k.lIJ'u A,L1It, I'" ('."rnl"llissif'll ftollh resrrt. III any !n;lIIt'r ~,or,Ji~.::J.u ii' DK't'line Ill' 111":':1nJ, be ,'I M.: \l'ir. nc."'d a 1.: • ...,J "I All"
l'I"'!:I"t'lliIJC'. 11],(1 tI10I r~ ~&II'h 1'01lI''Il', "O'ttlo'd I~»:I inOl)' IIC~ ,,, I:lI\\IIt \h;1[ .1 Vt'3N:llun re.·Im.lI"'I~' rr.'l."«IJilll1~ il m.hi~ "'iliell
, .... ·ut~ itb."I"'':~ dw "·ICJiM·nY2ll.:l1.'Vid&.-nc':Ui"'l1",hi.:h ellI: ~ iJ,u.ht-.. ",ec.'II
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 boundarh~s
of the City of South Miami that the City of South Miami intends to use the
uniform ad valorem method for col/ecting 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 01 collecting the
Siormwater User Fees. This non-ad valorem assessment Is levied for the
first time which was previously charged in the utility bill.
I SUNDAY APRIL D 2017
MIAMIHERAlD.cOM
TAKE YOUR SAVINGS
FROM ORDINARY ...
... TO EXTRAORDINARY!
OPEN YOUR CD ACCOUNT TODAY!
STOP BY YOUR LOCAL BRANCH OR VISIT
POPULARCOMMUNIl'fBANK.COMlCD-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/kJa Miami, Review. a ,daily (except Saturday. Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that ihe attached copy of advertisement,
being a Legal Advertisement of Notice In the metter of
NOTICE OF PUBLIC HEARfNG
CITY OF SOUTH MIAMI-MAY 2.2017
in the XXXX Court,
was published in said newspaper in the issues of
·04/2112G17
Affiant further says that the said Miami Daily Business
Review is a newspaper publislied at Miami, in said
Miami-Dade County. Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dad,e
County, Florida each day (except· Saturday, Sunday and
. Legal Holidays) .and has been entered as second 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
furthar says that he or she has neither paid nor promised any
person •. finm or corporation any discount. rebate, commission
the purpose of securing this aavertisement for
I
\
I