Loading...
04-03-07 Item 10South Miami Oftedcaft CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 Agenda Item # / To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Vincent A. Landis, Police Chief Date: April 3, 2007 Subject: Lease Agreement MDC & MDCHA for a Community Policing Office Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO UP TO A FOUR (4) YEAR LEASE AGREEMENT WITH MIAMI -DADE COUNTY /MIAMI -DADE COUNTY HOUSING AGENCY TO PROVIDE A PREMISE FOR A COMMUNITY POLICING OFFICE WITH NO MONTHLY RENT COST TO THE CITY OF SOUTH MIAMI; PROVIDING AN EFFECTIVE DATE Request: The Police Department is requesting the City to enter into up to a four (4) year lease agreement with Miami -Dade County /Miami -Dade Housing Agency, to continue to provide a premise located at 6726 SW 59 Place #060026 for a Community Policing Office with no monthly rent cost. The City of South Miami Police Department will be responsible for only the utilities used (water /sewer, gas & electric). Reason /Need: The Police Department wishes to continue its long term relationship with Miami -Dade County & Miami -Dade County Housing Agency and continue to use 6726 SW 59 Place #060026 as its Community Policing Office. The Police Department currently uses the facility for shift changes /roll calls, a place where patrol officers can write reports and a place for meetings. It allows the police officers assigned to the area to maintain in close proximity to the community they serve. Backup Documentation: Draft Resolution & Community Space Lease Agreement I RESOLUTION NO.: 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 5 INTO UP TO A FOUR (4) YEAR LEASE AGREEMENT WITH MIAMI -DADE 6 COUNTY MIAMI -DADE HOUSING AGENCY TO PROVIDE A PREMISE FOR A 7 COMMUNITY POLICING OFFICE WITH NO MONTHLY RENT COST TO THE 8 CITY OF SOUTH MIAMI; PROVIDING AN EFFECTIVE DATE WHEREAS, the Police Department wishes to continue its long term relationship with Miami -Dade County /Miami -Dade Housing Agency; and WHEREAS, Miami -Dade County/Miami -Dade Housing Agency has provided a premise to the Police Department at no monthly rent cost to the City of South Miami with the Police Department being responsible for the utilities (electric, gas and water /sewer); and WHEREAS, the Police Department wishes to continue to use the premise for a Community Policing Office; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 22 23 Section 1. The City Manager is authorized to enter into up to a four (4) year lease 24 agreement with Miami -Dade County & Miami -Dade Housing Agency 25 to provide a premise for a Community Policing Office at no monthly rent 26 cost to the city. Section 2. This resolution shall take effect immediately upon execution. 31 PASSED AND ADOPTED this _ day of , 2007. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Wiscombe: 41 Commissioner Palmer: 42 CITY ATTORNEY Commissioner Birts: 43 Commissioner Beckman: iii Communi Space Lea�� Agreement This Community. Space Lease Agreement, made this day of is entered into by and between Miami -Dade County, apolitical subdivision of State of Florida (hereinafter referred to as "Cour*v") through its Miami -Dade dousing Agency (hereinafter' "Landlord "), located atai- c-i= of 'South Miaini and (hereinafter referred to as "Tenanllirovidef) whose address is 6130 Sunset Drive So. Miami Florida WHEP,EAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County; and WHEREAS, the County recognizes the importance of providing supportive services to residents of its assisted housing which includes public housing residents, section 8 recipients, home ownership participants and other government assisted housing participants; and WHEREAS, the Tenant/Provider which is a not -for -profit organization or. governrnant entity, provides or will develop services of value to the County and its assisted housing residents and has demonstrated an ability to provide theses services, and WHEREAS, the County is desirous of obtaining such services of the 2eru3zxt/Pravider for its assisted housing residents and the Tenant/Provider is desirous of providing such services; and WHEREAS, the County agreed to lease its space one its assisted housing premises to the Ter-ant/Provider so that Te nant/Providei• can provide its, services to assisted housing residents and accordingly passed Resolutions 891 -92 and 289 -89; NOW, THEREFOPE, in consideration of the mutual covenants recorded herein, the parties hereto.agree as follows: I THE > MSES_. The Landlord shall lease to Tenant/Provider the premises located at 6726 S.W. 59th Place Unit.##060026, THE S 4F OFICFS. While the Teant/Provider is in possession of the premises described in paragraph I of this Agreement, the Tensnt/Provider agrees to render the services.in accordance with the scope of services incorporated herein and attached hereto as Attachment A. Tenant/Provider agrees that at lease 20 to 30 percent of its clients at any one 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 assisted-housing programs, Tenant/Provider shall actively seek residents of Miami -Dade County assisted housing as clients. Failure to serve assisted housing residents at the percentage level described above shall be grounds for termination of this Agreement. Page ;I of 10 Tenant/ Provider shall report the fallowing infprrnation in writing on a quarterly basis to the site manager of Miami -Dade Housing Agency (MDHA) who oversees the premises ' r 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 sery ed within the previous three (3) 'months and the type of services 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. YII. A T ZED 12 T PE , IS' $: Tenant/Provider shall designate a responsible individual on site that is authorized to communicate with and receive communication from the Landlord's site manager in order to effectuate a cooperative and efficient use of the premises by the TenanL/Provider. IV, l ,�F TIV„ TAW". Both parties agree that the effective term of this Agreement shall be from to This agreement may be renewed for two additional one year periods. t> MIIT WYAAD—LE. Tenant/Provider shalt pay rent, in the amount of per month/year. The rent. shall be due on or before the. first of each mon th/year. �$ VI. 'UNK tiF _M_1_ S. TenantTrovider shall use the premises only to provide the services described in the scope of services which is incorporated herein and attached as Attachment .A.. Tenant/Provider shall be entitled to use the space described only during the hours of G 'a . m. _ to i _ am Ten,ant/Provider shall leave the premises clean at the completion of programs each business day. The Landlord agrees to alloy the TenantTrovider from time to time to utilize the space after normal business hours for the purposes of conducting meetings, training's, 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. Tenant/Provider 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. . VII, CON DT N )F PREVIT, r,s, 'rho Landlord shall ensure that the premises are in a state of good repair and suitable for occupancy by the Tenant/Provider at the commencement of this Agreement. By entering into this Agreement, the Tenant/provi and use. der agrees that the premises to the Landlord in the same condition as when received subject to normal wear Temant/Provider shall comply with community room capacity laws and therefore shall ensure enough space for the safety and enjoyment of the participants. The Landlord had the right to inspect the prernises at any time to as that all terns of the lease are being met. Tenant/Provider must immediately take corrective actions as a result of the Landlord's inspection findings. Page 2 of 10 V111. P -ACING. 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 delivenies or drop off passengers. LY. UTILITIES, Tenant/Provider shall pay for utilities directly to the correspondent utility company. If the utility meter covers several areas, Tenant/Provider shall pay the Landlord for its utility consumption in proportion to the space it uses, as determined by the Landlord, The attached Exhibit C indicates how payment for utilities shall be made. X. NIAINTENAN1 E. Tenant/Provider 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 Tenant/,Provider, the Landlord shall charge the Tenant/Provider 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 conditioner 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 Tenant/Provider shall not make renovations or install any fixtures, equipment, fencing, or locks without prior written approval of the Landlord. All fixtures installed by Tenant/Provider shall become the property of Landlord upon termination of the lease agreement. The Tenant/Provider 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. ' Tenant/Provider 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. XL >4CF.XS. 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. 1G.N GE, 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. Page 3 of 10 XIII. JANITORIAL SERVICES. The Tenant/Provider shall be responsible for all janitorial services including cleaning supplies. In the event that the Tenftnt/Provider 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. Tenant/Provider shall make all necessary arrangements, including billing, with local trash and garbage disposal companies, The Tenant/Provider 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 PROVTDIa'.R. A. All Other Tenants /Providers. provider shall fildetnnify and hold harmless the County and its officers, employees, agents, and instrumentality's from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County of its officers, employees, agents or instrumentality's may incur as a result of claims, demands,,suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this .Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentality's as herein provided. B. Govermnet_Entity. Gove=.ncnt entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentality's from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentality's may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the perforniance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one persona which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of Page 4 of 10 29 /0Q $200,000 from any and all personal injury nr property damage claims, liabilities, losses or Causes of action which may arise as a result of the negligence of the government entity: VII. IL SURANCE. A. Government Entity. If the Provider is the State' f Florida or an agency the or political subdivision of the State as defined by section 5 , Tenanti?rovider shall furnish the County, upon request, written Statues, Not of liability protection in accordance with section 16$. �8 be and that provided. inn herein shall be construed to extend any party's lability y section 768.28, Florida Statues. B. A11 Other Tenants. 1. Mod�catiQn and Chanl~es.• 7`he Tenants sk�allbuttnottl limited t any any intended changes in insurance coverage, including of existing insurance policies. Upon rev$anT merit Division, the bounty Services (Attachment A) by the County may increase, decrease, waive or modify any of the following insurance requirements. Any request by a Tenant/Provider to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum Insurance Re uirements: Certificates I s c/onl�iam hDade Provider shall furnish to the Department, Miami Dade County, Ho using Agency, , Certificate (s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the Tenant/Provider as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as ian additional insured with respect to this coverage. c. Professional Liability Insurance, when applicable, in name of the Tenant/Provider in an amount not less than $300,000. required 3. ClassifIcations and Ratings. The insurance standard liability shall include those classifications, as listed in insurance manuals, which most nearly reflect the services or operations described in the Scope of Services (Attachment A). Page 5 of 10 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida'', issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificate of Insurance Shall indicate that no modification or change- in insurance shall be made without thirty (30) days written advance notice to the certificate holder. C Failure to Provide Certificates of Xnsurance. If the Provider fails to furnish the County with the Certificate of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of the Scope of Services (Attachment A), the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. I.XVIII. 'PROOF OF LICENSURE AND CERTIFICATIONS. If the Tenant/Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services ar 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, 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. XIX. CONFLICT OF INTEREST'. Th ;, Tenant/Provider 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. Paige 6 of 10 xX. CIVIL-P-1-9-HM The Tenant/Provider agrees to abide by ick Chapter , ocn he Code on Miami -bade County ( "County Code"), as amended, prohibits employment, housing, and public accommodations; Title VII Of e Civil Act ublic P 1968, as amended, which prohibits discrimination 197employment, C , as amended, which • accommodation; the Age Discrimination A _ prohibits discrimination in employrzient^and� public ���'t a� accommodations; endedodwha h ;prohib�t 504 of the Rehabilitation Act of 1973, -.9 § discrimination on the basis of disability; and the American with Disability accommodation § 12103 et seq,, Which prohibits discrimination in employment because of disability. It is expressly understood that upon receipt of evidence f disc Aation underItnis of these laws, the County shall have the right to terminate not further understood that the Provider must lt affidavit tAct$ the in violation of the Americans with Disability Federal Transits Act, 49 'U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the Tenant/Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible ts, the County agency, the no Courts or the County to be in violation of these contract entered into based upon a further business with the Tenant/Provider. Any rovider violates any false affidavit shall be voidable by the tlProv der0has w th the County, of the Acts during the tertrti of any coat ract the Tenaneven if the Tenant/Provider was not such contract shall be voidable by the County, in violation at the time it submitted its affidavit. XYI. NOTTC It is understood and agreed be the parties that writtenaotttendnotice to the Landlord and rnailedor de livered tbelow the address below shall addressed to the Tenant/P constitute sufficient notice to either party. xenant/Provider Lan lord - 2lami Dade- �yency City of South Miami Police Dept 6130 Sunset Dr' so. Miami Florida 'VY"Y, Bath parties agree, that this Agreement recognizes the autonomy of an XXII. AUTONO� p artier. It is expressly astipulates or implies n that affiliation nom' ovidthe is only attenant/provider and is not an understood and intended agent or instrumentality of the County. XXIII. BEACH: REiVi' PIES A. )3rea ch. A breach by the Tenaztt/Provider shall have occurr�ds under ned in Agreement if; (1) the Tenant/Provider fails to adequately provide the sery the Scope of Services (Attachi'nent A) within the effective term of this Agreement; (2) the p page 7 of 10 Tenant/Provider does not furnish the Certificates of Insurance required by this Agreement , or as determined by the County's Risk Management Division; (3) the Tenan /Provider does not furnish proof of licensure and certification required by this Agreement; (4) the Tenant/Provider fails to pay rent on or before the date that it is due; (5) the Tenant/Provider does not have the required percentage of assisted housing residents or their children as clients; (5) the Tenant/Provider fails to properly maintain the premises, make repairs, pay utilities, obtain garbage collection, complete extermination, and or perform other gene -ral upkeep of the. premises; (7) the Tenant/Provider discriminates under any of the laws outlined in Section VII of this Agreement; (8) the Tertant/Provider falsifies or violates the provisions of the Drug Free 'Workplace Affidavit (Exhibit F); (9) the Tenant/Provider, attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; or (IQ) the Tenant/Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations iri this Agreement. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not construed to be a modification of the terms of this Agreement. B. Remedies. Landlord and Tenant/Provider 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 Tenant/Provider should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the Landlord shall, whenever practicable spi si written oive to the provider of such ationand p ecfying the effective date at least f 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 Tenant/Provider by filling an action in a court of appropriate jurisdiction. C. Damages Sustained, Notwithstanding the above, the Tenant/Provider shall not be relived 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 Tenant/Provider shall be responsible for all direct and indirect cost associated with such action, including attomey's fees. XXIV, TERMINATION BY FiTHER 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 Miami -bade Housing Agency is authorized to terminate this Agreement on behalf of the Landlord. Page 8 of XO XXV. lyz CELLANZ . A. dghlease. 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 sublessors or assignees shall be governed by the terms and conditions of this Agreement. B. A regiment Guidelines, The Tenarnt/Provider agrees to co apli ul with the applicable Federal, State and County laws, rules and regulations, particularly Landlord/'T'enant Act, which are incorporated herein by reference or fully set forth herein, C Modificatipns. 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. D. Totality of Agreeznent/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: Agreement Program 1: azrative (Scope of Services) Attactunent B: Parking Agreement Utility Payment Schedule Attachment C, Attachment D: Janitorial Services Attachment B. Extermination Services Miami -Dade County Affidavits ,Attachment F: Attachment G: State public Entities Crime Affidavit oral or otherwise, regarding the subject matter of this Agreement shall be No other Agreement, provision of this Agreement is held . If deemed to exist or bind any of the parties hereto ent shall not be affected thereby if such remainder invalid or void, the remainder of this Agz' would then continue to conform to the terms and requirements of applicable law. Page 9 of 10 r rN W 7NESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. (SEAL) ATTEST: City Of South Miami Police Dej�2t- . AGENCY NAME By:_ By: (Signature,of President/Secretary) (Signature of President/Vice- President) Type or Print Name Type or Print Name Witnesses: By: (Signature) Type or Print Narne ATTEST: HARVEY R.UVIN, CLERK By: - -- DEPUTY CLERIC M (Signature) Type or Print Name MIAMI -DARE COUNTY, FLORIDA By: MERRETT R. STIERI-IEIM COUNTY MANAGER Page 10 of 10