HomeMy WebLinkAboutR-02-0811J-02-605
7/9/02
RESOLUTION NO. k12— 811
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
AN AFFIRMATIVE FOUR-FIFTHS (4/5 THS) VOTE,
WAIVING COMPETITIVE NEGOTIATION PROCEDURES
FOR THE PROVISION OF PROFESSIONAL SERVICES
FOR THE ADMINISTRATION OF EDUCATIONAL,
RECREATIONAL AND CULTURAL PROGRAMS AT THE
CITY -OWNED PROPERTY, LOCATED AT APPROXIMATELY
3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY
KNOWN AS ELIZABETH VIRRICK PARK (THE "PARK");
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
BOYS AND GIRLS CLUBS OF MIAMI, INC. (THE
"PROVIDER"), FOR THE PROVISION OF ATHLETIC
AND COUNSELING PROGRAMS AVAILABLE TO THE
SURROUNDING COMMUNITY OF THE PARK, AT AN
INITIAL TERM OF FIVE (5) YEARS, WITH THE
OPTION TO EXTEND THE AGREEMENT FOR THREE (3)
ADDITIONAL FIVE (5) YEAR PERIODS.
WHEREAS, on July 16, 1996, the Miami -Dade County Commission
enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance,
which authorized issuance of general obligation bonds to finance
capital improvement programs for certain parks; and
WHEREAS, as a result of this ordinance and bond program, the
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ICiTY COMMMISSION
MEE'TM OF
J U L. Q 9 2002
98561 anon No.
City constructed a new building that included an indoor
gymnasium, teenage lounge and multi media room, stage, concession
area, offices and storage facilities; and
WHEREAS, Phase II of the project will include expansion of
the multimedia educational component to accommodate a computer
lab, music education center, classrooms, senior citizens areas,
cooking lab kitchen, a ceramic arts & crafts room and public
library; and
WHEREAS, Phase II of the project will also include
renovation of the existing pool building, shelters, dance floor,
outdoor walkways, two outdoor basketball courts and other
recreational area; and
WHEREAS, entering into partnerships with nonprofit
organizations to operate educational, recreational and cultural
programs will reduce the amount of City's funds required for
operation of the park; and
WHEREAS, the City Commission determines that it is in the
best interest of the City to enter into a professional service
agreement with the Boys and Girls Club of Miami, Inc. for the
provision of recreational, educational and cultural programs at
the Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote of
the City Commission, the City Manager's finding that the use of
competitive negotiations would not be practicable or advantageous
for the provision of professional services for the administration
of recreational, educational and cultural programs at Elizabeth
Virrick Park, located at 3255 Plaza, Miami, Florida, is ratified,
approved and confirmed.
Section 3. The City Manager is authorized!' to execute a
professional services agreement, in substantially the attached
form, with the Boys and Girls Clubs Miami, Inc. (the "Provider"),
to provide athletic and counseling programs available to the
surrounding community of Elizabeth Virrick Park (the "Park"),
with an initial term of five (5) years with the option to extend
the agreement for three additional five (5) year periods.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4
0-2- 811
PASSED AND ADOPTED this 9th day of July , 2002.
A TEST:
PRI CILLA A. THOMPSON
CITY CLERK
APPROVED AS TO . AICD CORRECJWSS :C/
CRNEY
WE013:tr:BSS
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02- 811
FINAL DRAFT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI
BOYS AND GIRLS CLUBS OF MIAMI, INC.
FOR THE PROVISION OF RECREATIONAL PROGRAMS AT
ELIZABETH VIRRICK PARK
LOCATED AT
APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA
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TABLE OF CONTENTS
ARTICLE I TERMS
1.1 Definition of Terms 5
ARTICLE II GENERAL DESCRIPTION
2.1 Description of Park 6
ARTICLE III TERM
3.1
Fee
8
3.2
Option to Extend_
8
3.3
Holding Over
8
ARTICLE IV
PROVIDER'S COVENANTS
4.1
Basic Services
9
4.2
Provider's Duties and Responsibilities
10
4.3
Provider's Personnel
11
4.4
Furnishing and Equipment
12
4.5
Utilities
12
4.6
Promotion of the City
13
4.7
Annual Plan
13
4.8
Performance Review
14
4.9
Program Schedule
15
4.10
Park Management Committee
15
4.11
The Elizabeth Virrick Park Committee
15
4.12
Funding Sources of the Park
16
ARTICLE V
CONSIDERATION
5.1
Fee
16
ARTICLE VI RIGHT TO CANCEL
6.1 Cancellation by request of either of the parties
Without cause 16
ARTICLE VII DEFAULT
7.1 Default 17
ARTICLE VIII INDEPENDENT PROVIDER AND
HOLD HARMLESS PROVISIONS
8.1 Independent Provider 17
8.2 Agency 18
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8.3 Indemnification and Hold Harmless 18
ARTICLE IX DAMAGE OR LOSS TO PROVIDER'S PARK
9.1
Risk of Loss
19
9.2
Notice of Damages or Injuries
19
9.3
Vandalism and Thefts
19
9.4
Theft and Loss Liability
19
ARTICLE X
ASSIGNMENT
10.1
Assignment
20
ARTICLE XI
INSURANCE
11.1
Insurance
20
ARTICLE XII
NOTICE
12.1
Notice
22
ARTICLE XIII
RECORDS AND AUDITS
13.1
Records
23
13.2
Audit
23
ARTICLE XIV
AFFIRMATIVE ACTION
14.1
Affirmative Action
24
14.2
Nondiscrimination
25
14.3
Minority/Women Business Utilization
25
ARTICLE XV
MISCELLANEOUS PROVISIONS
15.1
Applicable Law
25
15.2
Compliance with Laws
25
15.3
Successors and Assigns
25
15.4
Concession Stand
26
15.5
Amendments
26
15.6
Award of Agreement
26
15.7
Conflict of Interest
26
15.8
Court Cost and Attorney's Fees
26
15.9
Waiver of Jury Trial
27
15.10
Severability
27
15.11
Waiver
27
15.12
Caption
28
15.13
Counterparts
28
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ARTICLE XVI ENTIRE AGREEMENT
16.1 Entire Agreement
EXHIBIT A THE PARK
EXHIBIT B THE PREMISES (SITE PLAN)
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is made as of this day of ,
2002 between the City of Miami (hereinafter called the "City"), and Boys & Girls Clubs of
Miami, Inc. a not-for-profit corporation (hereinafter called the "Provider") (hereinafter
collectively referred to as the "Parties")
RECITALS
WHEREAS, the City is interested in providing recreational programs, activities and
facilities for the use and benefit of the people of various age groups including but not limited to,
the boys and girls of the City and the nearby neighborhoods to the Elizabeth Virrick Park; and
WHEREAS, the City owns and/or has under its jurisdiction and control certain lands and
facilities known as the Elizabeth Virrick Park located at 3255 Plaza Street, Miami, Florida, that
may be utilized for community recreational activities; and
WHEREAS, the Provider is interested in providing recreational programs and activities
for the boys and girls residing in the surrounding community of the Elizabeth Virrick Park; and
WHEREAS, the common objective of providing such community recreational programs,
activities and facilities for boys and girls residing in the area surrounding community of the
Elizabeth Virrick Park may be best achieved through the joint and concerted action of the
Parties hereto; and
WHEREAS, as a result of the aforementioned, the City agrees to enter into this
Agreement with the Provider; and
WHEREAS, the Provider agrees to accept this Agreement upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained to be observed and performed, the Parties hereto do hereby covenant and agree as
follows:
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ARTICLE I
TERMS
1.1 Definitions of Terms.
For the purpose of this Agreement, the terms defined in this Article shall have the following meaning
a) "Additional Term" has the meaning ascribed to it in Section 3.2.
b) "Agreement" shall mean this written agreement.
c) "Agreement Year" shall mean a consecutive twelve (12) month period during the
Term and Additional Terms, if exercised, commencing on the Effective Date.
d) "Qjy" means the City of Miami, a municipal corporation of the State of Florida.
e) "City's Eguipment" shall mean furniture, fixtures and equipment provided by City
to Provider for its non-exclusive use at the Premises.
f) "City Manager" means the administrative head of the City's government who has
been appointed by the City Commission of the City of Miami in accordance with
the provisions of Section 15 of the Charter of the City of Miami, as amended, and
who is authorized to execute this Agreement and other documents including notices
required hereunder.
g) "Committee" has the meaning ascribed to it in Section 4.11.
h) "Community Center" shall mean the new building within the Park, which is a
multipurpose building. The building will serve as gym, basketball court, stage,
team room, administrative offices, lockers, bathrooms and concession area.
i) "Effective Date" shall mean the date that this Agreement is fully executed by both
Provider and City.
j) "Fees" has the meaning ascribed to it in Section 4.2(a)(viii).
k) "Fiscal Year" shall mean October 1st to September 30''.
1) "Option Request" has the meaning ascribed to it in Section 3.2.
m) "Other Activities" shall mean all the activities for all age groups that will use the
Park.
n) "Other Programs" shall mean programs and. activities provided by the City or by
Other Providers to provide recreational programs and facilities to all age groups
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1 within the neighborhood, the Park and the City. This may include programs for
area youths within the age range serviced by the Provider.
o) "Other Providers" shall be other entities including the City that provides activities
at the Park.
p) "Park" shall mean the City -owned property with improvements located at 3255
Plaza Street, Miami, Florida, as more particularly described in Exhibit "A" attached
hereto and made a part hereof known as the Elizabeth Virrick Park
q) "Park Manager" shall be the City's on-site manager at the Park authorized by the
City to coordinate all the activities at the Park including but not limited to the
Provider at the Premises.
r) "Park Management Committee" shall be a committee comprised of the Park
Manager and each Providers' Manager at the Park with the Park Manager being the
chairperson.
s) "Parks Director" shall be the Director of the Parks and Recreation Department
authorized by the City to administer this Agreement and coordinate the activities of
the Provider at the Premises.
t) "Permitted Uses" shall include the administration of athletic and educational
programs under the direction of the Park Manager which may include from time to
time, volleyball, basketball programs and other games, summer camps, educational
programs, assistance and tutoring, primarily for the boys and girls residing in the
surrounding community of the Elizabeth Virrick Park..
u) "Premises" shall mean the community center, outdoor basketball courts and other
areas of the Park, as depicted in Exhibit "B" attached hereto and made a part hereof,
together with certain furniture, fixtures and equipment .
v)"Provider' has the meaning ascribed to it in the opening paragraph of this
Agreement, together with its successors and/or assigns.
w) "Provider's Manager" shall mean the person authorized by the Provider to act fully
on behalf of the Provider in managing the youth programs as required by this
Agreement.
x) "Term" has the meaning ascribed to it in Section 3.1
y) "Termination Date" shall mean the day on which this Agreement expires or such
earlier date as may be specified in accordance with the provisions of this
Agreement.
ARTICLE II
GENERAL DESCRIPTION
2.1 Description of the Park.
The City hereby agrees to engage the Provider in a non-exclusive use to deveiop, operate
and manage youth athletic and educational programs for the boys and girls residing in the
surrounding community of the Park and the City of Miami. The Provider is hereby permitted to
use the Premises and other areas of the Park, in common with the City and Other Providers for
the provision of these programs and activities at the Park. Under the direction of the Park
Manager and Park Director, the Provider acknowledges that the City and Other Providers of
programs and activities at the Park will have joint and/or separate use of the Premises and other
areas of the Park. The City will make the final determination of the use and hours of the various
activities at the Park.
ARTICLE III
TERM
3.1 Agreement Period.
The term of the Agreement (the "Term") shall commence on the Effective Date. The
Agreement shall continue thereafter for five (5) years, unless terminated sooner as provided
herein.
In the event the Effective Date does not fall on the first day of a calendar month, the
Effective Date shall be adjusted to be the first day of the following calendar month.
3.2 , Option to Extend.
Upon the mutual agreement of the parties hereto, this Agreement may be extended for
three (3) additional five (5) year periods. Such extension shall be upon the same terms and
conditions contained herein (the "Additional Term"), provided that no default, as defined in the
Article 7.1 of this Agreement entitled "Default" shall exist at the time of notice (as described
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below) or thereafter exists. If the Provider elects to extend into the Additional Term, the
Provider shall deliver written notice of its intent to the City Manager six (6) months in advance
of expiration of the Term, but no earlier than nine (9) months prior to the expiration of the Term
(the "Option Request"). Upon receipt of the Option Request, the City shall conduct an audit of
the Provider's compliance with the provisions of this Agreement. Such audit may include, in the
City Manager's sole discretion, a review of the Provider's income statements and other financial
records for the previous years of operation. Based upon the findings of the audit, the City
Manager shall determine, in his sole discretion, whether it is appropriate for the City to
renegotiate and revise the financial terms of this Agreement for the Additional Term. The City
shall notify the Provider within sixty (60) days from receipt of the Option Request of the City's
approval or denial of the Provider's Option Request. The City's approval in this regard may be
withheld in the City Manager's sole discretion. The Term and any Additional Term once
exercised shall be collectively referred to as the "Term".
3.3 Folding Over.
If Provider shall continue using *the Premises after the expiration of this Agreement, with
the expressed or implied consent of the City, the use granted under this Agreement shall become
one from month-to-month terminable by either party on thirty (30) days prior written notice.
Such use shall be subject to all terms, conditions, provisions and obligations of this Agreement.
The provisions of this Section shall be in addition to any liability Provider may have to City in
respect of its holdover.
4.1 Basic Services.
ARTICLE IV
PROVIDER'S COVENANTS
The Provider shall utilize the Premises to provide the Permitted Uses. The Provider shall
ensure that the Premises and all the Provider's activities generated thereon, will be available to
the underserved and economically disadvantaged children within the surrounding community.
The Provider acknowledges its commitment to fund all their programs and activities.
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4.2 Provider's Duties and Responsibilities.
During the Term, the Provider, at its sole cost and expense, shall perform and oversee all
tasks related to the provision of its athletic and educational programs for boys and girls residing
in the nearby community and the City of Miami.
a) The Provider, at its sole cost and expense, shall:
i) be responsible for the provision, installation, repair, maintenance and
replacement of all equipment necessary for its programs including, but not
limited to, balls, uniforms, games, computers and any ancillary equipment
required to operate its programs;
ii) upon conclusion of its activities, clean the Premises and secure any movable
equipment in the designated storage areas;
iii) provide security as is required for similar facilities, as determined by the Parks
Director in his sole judgment (except as otherwise provided herein relating to
Special Events) for its Permitted Uses;
iv) insure that all appropriate equipment and lights have been turned off and
appropriate doors locked at the close of operation within the Premises each
day as determined by the Park Manager;
v) assume all operating costs, except as provided herein, retain all receipts and be
responsible for payment of all labor, operating supplies and all other general
administration expenses related to its Permitted Uses;
vi) at all times during the Term continuously conduct operations in the Premises
in accordance with the terms of this Agreement and its Annual Plan approved
by the Parks Director, except where the Premises are rendered untenantable by
reason of fire or other casualty;
vii) be responsible for compliance of any applicable laws to operate the business
and to provide copies of the operational licenses, permits and required
inspection certificates to the Park Manager upon request;
viii) provide its programs at no cost to the user or the City. In the event the
Provider elects to charge a fee for its services, Provider shall submit a
schedule of its proposed fees and charges (the "Fees") for services to the City
Manager for his prior written approval, which approval may be withheld or
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conditioned in his sole discretion, including the right to require the Provider to
pay a fee for the use of the Premises and to provide for scholarships.
b) The Provider, at its sole cost and expense, shall be responsible for scheduling all
activities conducted in the Premises through the Park Manager.
c) The Provider agrees to comply with all rules and regulations that may be
promulgated by the Park's Director for the use and operation of the Park inclusive
of the Premises, as the same may be amended from time to time, as necessary in the
Park's Director's sole opinion.
d) The Provider shall, at its sole cost and expense, pay all federal, state and local taxes,
which may be assessed against its operations, equipment, or merchandise while in
or upon the Premises or the Park.
e) In the event the Provider supplies computers for the operation of its tutoring
programs at the Community Center, Provider at its sole cost and expense, shall be
responsible for the installation, maintenance of said computers, and software
jprograms necessary for the operation of the tutoring programs during the term of
this Agreement. Provider shall be responsible for the installation of Internet
services including the cost for the use, maintenance and support services required
for the operation of same. Provider shall have exclusive use of the computers to
conduct its tutoring programs. Upon conclusion of its activities, Provider is
responsible to lock and secure the computers. Provider shall retain ownership of
said equipment during the term of this agreement.
t) The Provider is authorized to sponsor other programs for the provision of programs
and activities at the Park as long as the other programs are in compliance with the
Permitted Uses defined under Section 1.1 (t) of the Agreement. Provider is
responsible to include the sponsorship of these programs under the scheduling of
activities to be submitted to the Park Manager.
4.3 Provider's Personnel.
The Provider shall be required to furnish during its operating hours a designated
Provider's Manager experienced in the operation and control of the type of operations to be
02! Sit
performed hereunder, delegated with sufficient authority and responsibility to insure proper use
and operation of the Premises in compliance with this Agreement.
The Provider shall require the designated Provider's Manager to remain on site and in
charge during scheduled activities. The Provider's Manager must be easily identifiable by some
item of uniform, and available to take telephone calls during scheduled activities.
The Provider shall employ, train, pay, supervise and discharge all employees necessary
for the operation of its programs. All such persons shall be the employees of the Provider and
every person performing services in connection with this Agreement, including a subcontractor
or employee of Provider, or any agent or employee of the Provider hired by the Provider, shall be
acting solely on behalf of the Provider. The City shall not be liable for their compensation or for
the consequences of any act or omission on the part of any of them.
4.4 Furnishings and Equipment.
The City has title to the building and the furnishing and fixtures attached to it. The City's
equipment may be available for the use of Provider at the Premises, on a non-exclusive basis,
free of any charge but shall require Provider to coordinate its use through the Park Manager. The
Provider hereby accepts the use of the City's equipment "as is" and "where is". The Provider
shall not remove any of the City's equipment from the Premises without the prior written
consent of the Park Manager.
4.5 Utilities.
City shall, at its sole cost and expense, furnish air conditioning, heat, water, lights,
electric current, sewage, and garbage disposal service to the Premises, as appropriate. The
Provider must abide by the rules, regulations, schedules and practices of the City in the
administration of these services.
The City reserves the right to interrupt, curtail or suspend the provision of any utility
service, including but not limited to, heating, ventilating and air conditioning systems and
equipment serving the Premises, to which Provider may be entitled hereunder when necessary by
reason of accident or emergency, or for repairs, alterations or improvements in the judgment of
City desirable or necessary to be made or due to difficulty in obtaining supplies or labor or for
any other cause beyond the reasonable control of the City. The work of such repairs, alterations
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or improvements shall be prosecuted with reasonable diligence. The _City shall in no respect be
liable for any failure of the utility companies or governmental authorities to supply utility service
to Provider or for any limitation of supply resulting from governmental orders or directives. No
diminution or abatement of fees or other charges, nor damages, shall be claimed by Provider by
reason of the City's or other individual's interruption, curtailment or suspension of a utility
service, nor shall this Agreement or any of Provider's obligations hereunder be affected or
reduced thereby.
4.6 Promotion of the City.
The Provider acknowledges the benefits afforded to it by the City's providing the Park for
use of Provider's operations and shall provide recognition of the City of Miami, in a manner
reasonably satisfactory to the City, in all its marketing, advertising and promotional materials
including those materials used for Special Events.
4.7 Annual Plan.
Prior to the commencement of this Agreement, and on each June 1St during the Term and
any Additional Term hereof, the Provider shall prepare and present, in a form acceptable to the
Parks Director, the following items for the upcoming Fiscal Year for the Provider's operations at
the Park, for the review and approval of the Parks Director (hereinafter collectively referred to as
the "Annual Plan"):
a) a description of programs and activities;
b) a description of the general marketing strategy which Provider intends to follow or
implement, as the case may be, to optimize the use of the Park by the boys and girls
of the surrounding community of the Elizabeth Virrick Park;
c) a budget for the upcoming Fiscal Year ("Proposed Budget") which budget shall
include a projected income and expense statement, a projected balance sheet and
projected source and application of funds. More specifically, the proposed budget
shall include, but not be limited to, the following detailed projections:
i) Revenues by categories from all revenue sources associated with operations in the
Park;
} ii) Operating expenses for Provider's services conducted at the Park;
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iii) Administrative costs;
iv) Marketing, advertising and promotion expenses;
v) Repairs and maintenance;
vi) General Expenses;
vii) Reserves for replacement and repairs, if applicable.
4.8 Performance Review.
The Provider shall transmit to the Parks Director in writing, in a format acceptable to the
Parks Director, semi-annual reports regarding current activities, progress of the Provider's
activities and budget summary including revenues, disbursements, cash flow, debt, and
contributions. The semi-annual report shall further include a budget variance analysis that shall
compare the approved Operating Budget to actual revenues and expenses to -date with
explanations as to variances in excess of five percent (5%). Provider shall submit these reports
to the Parks Director on or before the dates set forth below for the respective periods:
Operating Period I Report Due Date
Oct 1 — Mar 31 ' May 15
Apr 30 — Sep 30 1 Nov 15
The Provider shall submit to the Parks Director such additional reports as may be
requested by the Parks Director. The Provider shall prepare, in writing, in a form acceptable to
the Parks Director, any reports or documentation that may be required by Federal, State or local
directives. At the request of the Parks Director, the Provider shall transmit to the Parks Director
written statements of the Provider's official policy or specified issues relating to the Provider's
activities. The Provider shall use its best efforts to make such changes to its programs and
operations, in a timely manner, as may be requested by the Parks Director.
The City may carry out monitoring and evaluation activities, including visits and
observations by the City staff; the Provider shall ensure the cooperation of its employees and
board members in such efforts. Any inconsistent, incomplete or inadequate information either
received by the City on a semi-annual basis or obtained through monitoring and evaluation by
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the City shall constitute a default if not corrected within thirty (30) days of written notice from
the City.
4.9 Program Schedule
The Provider shall prepare, at its sole cost and expense, and shall submit to the Park
Manager, for his review and approval, a proposed schedule of the dates and times the Provider
requires use of the Premises or other areas of Park for its programs. The Provider shall submit
these schedules to the Park Manager on or before the dates set forth below for the respective
periods:
Operating Period
Schedule Due Date
Oct 1— Dec 31
Sep 1
Jan 1 — Mar 31
Dec 1
Apr 1— Jun 30
Mar 1
Jul 1 — Sep 30
Jun 1
Upon receipt of the schedule, the Park Manager shall review the proposed schedule of the
Provider and Other Providers and shall prepare a calendar listing the dates and times each
Provider has use of the various areas of the Park. In the event of a conflict in scheduling use of
the Park, the Park Management Committee shall review the matter in an attempt to arrange a
compromise on use; however, in the event a compromise cannot be reached, the conflict shall be
presented to the Parks Director for a final decision on the resolution of the conflict.
4.10 Park Management Committee.
The Park Management Committee shall meet weekly to coordinate the use of the Park
among the various Providers and plan future activities.
4.11 The Elizabeth Virrick Park Committee.
The Elizabeth Virrick Park Committee (the " Committee") is a non-profit corporation
organized by certain group of citizens of the Coconut Grove area. The purpose of the Committee
1 is to advise the City in the planning, programming and administration of the Park. The City will
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use its best efforts to work with the Committee to enter into a separate agreement to formalize
the relationship between the City and the Committee for the operation of the Park. The Provider
agrees to use its best efforts to make such changes to its programs and operations, in a timely
manner, as may be requested by the Committee through the Park Manager from time to time.
All communications shall be through the Park Manager.
4.12 Funding Sources for the Park
The Provider acknowledges that the development of the Elizabeth Virrick Park is being
developed by the City of Miami with Miami -Dade County Safe Neighborhood Park Bond Funds,
John .S. James L. Knight Foundation Grant, United Way of Miami Dade County and other
funding provided by the City, State and Federal governments. The Provider agrees to perform, at
its sole cost and expense, any and all obligations required of the City as a result of the use of
these funds, as said obligations apply to the Park.
ARTICLE V
CONSIDERATION
5.1 Fee.
In consideration of the programs and activities to be provided by the Provider at no cost
to the users, and the benefits to the community, the Provider shall not be required to pay a fee for
use of the Premises.
ARTICLE VI
RIGHT TO CANCEL
6.1 Cancellation by request of either of the parties without cause.
Either party may cancel this Agreement at any time without cause with six (6) month
prior written notice to the non -canceling party.
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ARTICLE VII
DEFAULT
7.1 Default.
If Provider fails to comply with any term or condition of this Agreement, or fails to
perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence
of a default hereunder the City, in addition to all remedies available to it by law, may after ten
(10) days written notice given to Provider by the City Manager within which to cease such
violation or correct such deficiencies, and upon failure of Provider to do so after such written
notice within said ten (10) days period, this Agreement shall be automatically canceled without
the need for further action by the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination.
ARTICLE VIII
INDEPENDENT PROVIDER AND HOLD HARMLESS PROVISIONS
8.1 Independent Provider.
The Provider shall operate and supervise its activities at the Premises, as an independent
contractor and not as an employee of the City, for the purpose of providing, on a nonexclusive
basis, the Permitted Uses. The Provider may request written consent from the City Manager to
use the Premises for any other use, but shall not be authorized to use the Premises for that use
until the Provider has received the written consent of the City Manager, which consent may be
conditioned or withheld in the City Manager's sole discretion.
The sale, distribution and/or consumption of alcoholic beverages at the Park and/or the
Premises are prohibited unless expressly authorized by the Parks Director in connection with a
Special Event. The use, sale and distribution of illegal substances at the Park is prohibited.
The Provider acknowledges entering into this Agreement as an independent Provider and
that the Provider shall therefore be responsible for the deposit and payment of any Federal
Income Taxes, FICA, unemployment Taxes or any similar fees or taxes that become due, and
shall be responsible for the collection and payment of all withholdings, contributions and payroll
taxes relating to services or those employees of the Provider.
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Provider and its employees and agents shall be deemed to be independent contractors,
and not agents, employees or representatives of the City and shall not attain rights or benefits
under the Civil Service or Pension Ordinances of the City nor any rights generally afforded
classified or unclassified employees; further they shall not be entitled to the Florida Workers
Compensation benefits as employees of the City.
8.2 Agency.
Nothing herein shall imply or shall be deemed to imply an agency relationship between
the City and Provider.
8.3 Indemnification and Hold Harmless.
Provider shall indemnify, defend and hold harmless the City and its officials, employees
and agents (collectively referred to as "Indemnitees") and each of them from and against all loss,
costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities
(collectively referred to as ' Liabilities' by reason of any injury to or death of any person or
damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this Agreement
which is or is alleged to be directly or indirectly caused, in whole or in part, by any act,
omission, default or negligence (whether active or passive) of Provider or its employees, agents
or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged
to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the
failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider
to conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of this Agreement. Provider
expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and
against all liabilities which may be asserted by an employee or former employee of Provider, or
any of its subcontractors, as provided above, for which the Provider's liability to such employee
or former employee would otherwise be limited to payments under state Workers' Compensation
or similar laws.
18 02- $11_
ARTICLE IX
DAMAGE OR LOSS TO PROVIDER'S PROPERTY
9.1 Risk of Loss.
City shall not be liable for injury or damage to the property or merchandise of the
Provider or its employee's, invitees, patrons occurring in or about the Premises caused by or
resulting from anyone or any peril whatsoever which may affect the Premises, including, without
limitation, fire, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow
from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects
of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the
Premises, or from hurricane or any act of God or any act of negligence of any user of the
facilities or occupants of the Premises or any person whomsoever, whether such damage or
injury results from conditions arising upon the Premises or upon other portions of the Premises
or from other sources.
9.2 Notice of Damages or Injuries.
The Provider shall give City prompt written notice of any fire, damage or injury
occurring at the Premises.
93. Vandalism and Thefts.
Where vandalism or theft occurs to Provider's equipment or operation, it shall be the sole
responsibility and liability of Provider to insure, repair or replace damaged or stolen equipment
at Provider's expense within a reasonable period of time in order for them to continue to provide
the services contemplated by this Agreement. All vandalism shall be reported to the Park
Manager immediately upon discovery.
9.4. Theft and Loss Liability.
City will not be responsible for any of Provider's losses or thefts, and any such losses
must be borne solely by the Provider out of its own funds they may not be used to diminish or be
} absorbed by payment due the City.
19
02- sit
ARTICLE X
ASSIGNMENT
10.1 Assignment.
This Agreement and the rights of the Provider and obligations hereunder may not be
delegated or assigned by the Provider without the express written consent of the City Manager
which consent may be conditioned or withheld in the City Manager's sole discretion. The City
may assign its rights, together with its obligations hereunder.
ARTICLE XI
11 &W) 174,1 07-0
11.1 Insurance.
The Provider, at its sole cost and expense, shall obtain and maintain in full force and
effect at all times throughout the Term and any Additional Term of this Agreement and through
any periods of extensions, the following insurance:
A. Commercial General Liability insurance on a comprehensive general liability
coverage form, or its equivalent, including contractual liability, products and completed
operations, personal injury and premises and operations coverage against all claims,
demands or actions, bodily injury, personal injury, death or property damage occurring in
the Premises with such limits as may be reasonably requested by the City from time to
time but not less than $1,000,000 per occurrence combined single limit for bodily injury
and property damage. The City shall be named as Additional Insured on the policy or
policies of insurance.
Notwithstanding the above, in the event any injury or damage to the Park is
caused by the negligence or intentional acts of the City, or any other Provider, their
employees, agents, contractors, licensees or invitees, the Provider shall not be responsible
for such injury, damage, repair and/or any replacement required.
B. "All Risk" property insurance against loss or damage by fire, windstorm,
with such endorsements for extended coverage, vandalism, malicious mischief, flood and
special coverage, insuring 100% of the replacement cost of Provider's fixtures,
20
02- 811
> equipment, furniture and all other personal property in and about the Premises. This
requirement may be waived provided that the Provider executes a full release holding the
City harmless for any damages incurred by Provider due to the above-mentioned causes
as defined in a standard All Risk policy.
C. Automobile liability insurance covering all owned, non -owned and hired
vehicles used in conjunction with operations covered by this agreement. The policy or
policies of insurance shall contain such limits as may be reasonably requested by the City
from time to time but not less than $500,000 for bodily injury and property damage. The
requirements of this provision may be waived upon submission of a written statement
that no automobiles are used to conduct business.
D. Worker's Compensation in the form and amounts required by Florida law.
E. The City reserves the right to amend the insurance requirements by the
issuance of a notice in writing to the Provider. The Provider shall provide any other
insurance or security reasonably required by the City.
F. The policy or policies of insurance required shall be so written that the
policy or policies may not be canceled or materially changed without thirty (30) days
advance written notice to the City. Said notice should be delivered to the City of Miami,
Department of Risk Provider, 444 SW 2 Avenue, 9t' Floor, Miami, FL 33130 with copy
to City of Miami, Office of Asset Management, 444 SW 2 Avenue, 3rd Floor, Miami, FL
33130.
G. A current Evidence of Insurance and Policy of Insurance evidencing the
aforesaid required insurance coverage shall be supplied to the Office of Asset
Management of the City at the commencement of the term of this Agreement and a new
Evidence and Policy shall be supplied at least twenty (20) days prior to the expiration of
each such policy. Insurance policies required herein shall be issued by companies
authorized to do business under the laws of the State of Florida, with the following
qualifications as to management and financial strength: the company should be rated "A"
as to management, and no less than class "X" as to financial strength, in accordance with
the latest edition of Best's Key Rating Guide, or the company holds a valid Florida
Certificate of Authority and is a member of the Florida Guarantee Fund. Receipt of any
documentation of insurance by the City or by any of its representatives, which indicates
21
02-- 811
less coverage than required, does not constitute a waiver of the Provider's obligation to
fulfill the insurance requirements herein.
In the event the Provider shall fail to procure and place such insurance, the City
may, but shall not be obligated to, procure and place same, in which event the amount of
the premium paid shall be paid by the Provider to the City upon demand and shall in each
instance be collectible on the first day of the month or any subsequent month following
the date of payment by the City. Failure to pay such amount within the time frame
provided shall constitute a default of this Agreement as provided in the Article of this
Agreement entitled "Default". The Provider's failure to procure insurance shall in no
way release the Provider from its obligations and responsibilities as provided herein.
ARTICLE XII
NOTICE
12.1 Notice.
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service or by certified mail
addressed to the Parties at their respective addresses indicated below or as the same may be
changed in writing from time to time. Such notice shall be deemed given on the day on which
personally served, or if by certified mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
NOTICE TO THE CITY:
City of Miami
City Manager
444 SW 2 Avenue, 10 Floor
Floor
Miami, FL 33130
WITH COPY TO:
City of Miami
Office of Asset Management
444 SW 2"d Avenue, 3`d Floor
Miami, FL 33130
NOTICE TO THE PROVIDER:
Boys And Girls Clubs of Miami, Inc.
2805 SW 32 Avenue
Miami, Florida 33133
22
02- 811
~ W1TH COPY TO:
City of Miami
Parks Department
444 SW 2nd Avenue, 8`h Floor
Miami, FL 33130
ARTICLE XIII
RECORDS AND AUDIT
13.1 Records.
During the Term of this Agreement, the Provider shall maintain and keep, or cause to be
maintained and kept at a location in Miami, Florida, a full, complete and accurate daily record
and account of all revenues and expenses arising or accruing by virtue of its operations
conducted at or related to the Premises, including, but not limited to, any grants, donations,
foundation support, tournaments, special events and/or other contributions to the Provider.
All records and accounts including invoices, sales slips, bank statements or duplicate
deposit slips and all other supporting records, shall be available for inspection and/or audit by the
City and its duly authorized agents or representatives upon reasonable notice during the hours of
8:00 AM to 5:00 PM, Monday through Friday, and shall be maintained in accordance with
generally accepted accounting principles. The Provider shall keep and preserve, or cause to be
kept and preserved, its records for each Fiscal Year for a period of not less than sixty (60)
months after the expiration of said Fiscal Year. The Provider shall also retain copies of all sales
and tax returns covering its operations at the Premises for each Fiscal Year for a period of sixty
(60) months following such Fiscal Year, and any other governmental tax or other returns, and
shall, upon demand, deliver photographic copies thereof to the City at no cost. The Provider will
cooperate with the City and its auditors in order to facilitate the City's examination of records
and accounts.
13.2 Audit.
Provider shall deliver or cause to be delivered to the Parks Director within sixty (60) days
after the end of each Fiscal Year, a financial statement for the prior Fiscal Year for Provider's
operations at the Park, prepared and certified by an independent certified public accountant (the
"CPA") employed at Provider's sole cost and expense. In the event the Commencement Date
23
02- 811
falls between April 1" and September 30`h, the Provider shall not be required to file a certified
financial statement for its first Fiscal Year of operation at the Property until the end of the
following Fiscal Year. If the Commencement Date falls between October 1" and March 31 ", the
Provider shall be required to submit a financial statement for the Fiscal Year or portion thereof in
accordance with the time frame set forth above. Said CPA shall certify that he made a complete
examination of the books, state sales tax returns, and federal income tax returns of the Provider,
and that the financial statement is prepared in accordance with generally accepted accounting
principles and practices and represents the Gross Revenue, other revenues, if any, and expenses
of the Provider for the period indicated therein.
Notwithstanding the above and during the sixty (60) month period described in the
Section 13.1 of this Agreement entitled "Records", at its option, the City may cause, at its sole
cost and expense, a complete audit to be made of the Provider's business affairs, records, files,
sales slips and sales tax records in connection with the Provider's operations on, from or related
to the Property for the period covered by any financial statement, report or record furnished by
the Provider to the City.
The Provider shall allow the City or the auditors of the City to inspect all or any part of
the compilation procedures for the aforesaid monthly reports. Records shall be available at the
Park, or such other location in Miami approved by the Parks Director Monday through Friday,
inclusive, between the hours of 8:00 AM and 5:00 PM at the Park.
ARTICLE NIV
AFFIRMATIVE ACTION
14.1 Affirmative Action.
The Provider shall have in place an Affirmative Action/Equal Employment Opportunity
Policy and shall institute a plan for its achievement, which will require that action be taken to
provide equal opportunity in hiring and promoting for women, minorities, individuals with
disabilities, and veterans. Such plan will include a set of positive measures which will be taken
to insure nondiscrimination in the work place as it relates to hiring, firing, training and
promotion. In lieu of such a policy/plan, the Provider shall submit a Statement of Assurance
indicating that their business is in compliance with all relevant Civil Rights laws and regulations.
24
2— Sid.
14.2 Nondiscrimination.
The Provider agrees that it will not discriminate against any person based upon race,
religion, color, sex, ancestry, age, national origin, disability or marital status, in the use of the
Property and improvements thereof. It is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, the City shall have the right to
terminate this Agreement.
14.3 Minority/Women Business Utilization.
The Provider shall use its best efforts to purchase/contract fifty-one (51 %) of its annual
goods and services requirements from hispanic, Black and Women businesses/Providers
registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such
lists are available to the Provider at the City of Miami's Office of Minority/Women Business
Affairs.
ARTICLE XV
MISCELLANEOUS PROVISIONS
15.1 Applicable Law
This Agreement shall be governed by and constructed in accordance with the laws of the
State of Florida applicable to agreements made and to be performed entirely within the State.
15.2 Compliance with Laws.
Provider shall comply with all applicable federal, state and local laws, regulations, orders,
ordinances and codes pertaining to its performance under this Agreement.
15.3 Successors and Assigns.
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors and assigns.
25
02- Sit
15.4 Concession Stand.
In the event the Provider is interested in operating the concession stand located at the
Community Center during the term of this Agreement, Provider shall notify the City Manager in
writing of its interest for his prior written approval, which approval may be withheld in his sole
discretion. If the City Manager approves operation of the concession stand by Provider, the
parties shall negotiate and enter into a letter agreement, which shall set forth the percentage of
sales to be paid to the City by Provider and the terms and conditions for operation of this
concession.
15.5 Amendments.
City and Provider by mutual agreement shall have the right but not the obligation to
amend this Agreement. The City Manager has the right to execute any amendments to the
Agreement and shall be effective only when signed by City Manager and Provider and shall be
incorporated as a part of this Agreement.
15.6 Award of Agreement.
Provider warrants that it has not employed or retained any person employed by City to
solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any
person employed by City any fee, commission, percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this Agreement.
15.7 Conflict of Interest.
Provider is aware of the conflict of interest laws as set forth in Section 2-611 of the Code
of the City of Miami, Florida, as amended, Dade County, Florida (Dade County Code, Section 2-
11.1 et.esq.) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will
comply in all respects with the terms thereof
15.8 Court Costs and Attorneys' Fees.
In the event that it becomes necessary for City to institute legal proceedings to enforce
the provisions of this Agreement, Provider shall pay City's court costs and attorney(s)' fees.
Provider acknowledges that Florida law provides for mutuality of attorney's fees as a remedy in
26
2- 811
contract cases and specifically and irrevocable waives its right to collect attorney's fees from the
City under applicable laws, including specifically, but not limited to Section 57.105, Florida
Statutes. It is the express intent of the parties hereto that in no event will the City be required to
pay Provider's attorney's fees and court costs for any action arising out of this Agreement. In
the event that Provider's waiver under this section is found to be invalid then Provider agrees
that the City's liability for Provider's attorney's fees and court costs shall not exceed the sum of
$100.00. In the event that the waiver and limitations contained herein are found to be invalid, or
are otherwise not upheld, then the provisions of this Section shall become null and void and each
party shall be responsible for its own attorney's fees and costs.
15.9 Waiver of Jury Trial.
The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on
this Agreement, or arising out of, under or in connection with this Agreement or any amendment
or modification of this Agreement, or any other agreement executed by and between the parties
in connection with this Agreement, or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a
material inducement for the City and Provider entering into the subject transaction.
15.10 Severability.
If any provision of the Agreement, or any paragraph, sentence, clause, phrase, or word, or
the application thereof, is held invalid, the remainder of the Agreement shall be construed as if
such invalid part were never included herein and the Agreement shall be and remain valid and
enforceable to the fullest extent permitted by law.
15.11 Waiver.
No waiver of any provision hereof shall be deemed to have been made unless such
waiver is in writing and signed by City or Provider. The failure of either party to insist upon the
strict performance of any of the provisions or conditions of this Agreement shall not be
construed as waiving or relinquishing in the future any such covenants or conditions but the
same shall continue and remain in full force and effect.
27
02-- 811
15.12 Caption.
The captions contained in this Agreement are inserted only as a matter of convenience
and for reference and in no way define, limit or prescribe the scope of this Agreement or the
intent of any provisions thereof.
15.13 Counterparts.
This Agreement may be executed simultaneously in several counterparts, each of which
will be an original, but all of which together will constitute one and the same instrument.
ARTICLE XVI
ENTIRE AGREEMENT
16.1 Entire Agreement.
This Agreement represents the entire Agreement between the City and the Provider with
respect to the subject matter hereof, and all prior Agreements between the parties, written or oral,
shall be of no further force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
ATTEST:
By:
Priscilla A. Thompson
City Clerk
THE CITY OF MIAMI,
a municipal corporation
of the State of Florida
By:
Carlos A. Gimenez
City Manager
28 02.- 811
APPROVED AS TO FORM
AND CORRECTNESS
By:
Alejandro Vilarello
City Attorney
ATTEST:
By:
Print Name & Title
By:
Print Name & Title
29
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
Sue Weller, Acting Administrator
Risk Management Department
BOYS & GIRLS CLUB OF MIAMI, INC.
Print Name & Title
02- Sit
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EXHIBIT B
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: DATE: y}Ui\ L H ZJOL FILE
The Honorable Mayor and Members
of the City Commission SUBJECT
Boys &Girls Club Miami, Inc.
FROM: os Z REFERENCES: July 11, 2002
City Manager ENCLOSURES: City Commission Agenda
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached Resolution by an
affirmative vote of 4/5ths of the members of the City Commission, waiving competitive negotiation
procedures for the provision of professional services for the administration of recreational, educational
and cultural programs at the City -owned property located at 3255 Plaza Street, Miami, Florida, commonly
known as the Elizabeth Virrick Park (the "Park"). This Resolution further authorizes the City Manager to
execute a Professional Services Agreement in substantially the attached form, with the Boys & Girls Club
Miami, Inc., (the "Provider") a non-profit corporation, for the purpose of providing athletic and
counseling programs which may include, from time to time, basketball programs, homework assistance
and tutoring programs for the boys and girls of the area and to the economically disadvantaged children
within the Park community, with an initial term of five (5) years and with the option to extend the
agreement for three (3) additional five (5) year periods.
BACKGROUND:
On July 16, 1996, the Miami -Dade County Commission enacted Ordinance 96-115, the Safe
Neighborhood Parks Ordinance that authorized issuance of general obligation bonds for the purpose of
financing capital improvement programs for certain parks. As a result of this ordinance and bond
program, the City constructed a new building. This new building that was completed in Phase I includes
an indoor gymnasium, basketball court, teenage lounge and multimedia room, stage, concession area,
offices and storage facilities.
Phase II of the project will include expansion of the multimedia educational component to accommodate
a computer lab, music education center, classrooms, senior citizens areas, cooking lab kitchen, a ceramic
arts & crafts room and public library. Phase II will also include renovation of existing pool building,
shelters and dance floor, outdoor walkways, two outdoor basketball courts, and other recreational areas.
Financial Impact: There is no negative financial impact to the general fund of the City. Entering
into partnerships with nonprofit organizations to operate athletic and recreational programs will
reduce the amount of City's funds required for the operation of the Park.
02- '811
The Honorable Mayor and Members
of the City Commission
Page 2
Highlights of the Agreement are as follows:
Term: 5 years with the option to extend for three additional 5 year periods
Uses: The City will retain the services of Provider to provide athletic and counseling
programs which may include from time to time, volleyball, basketball programs
and other games, summer camps, homework assistance and tutoring programs for
the boys and girls within the area of the Park.
Use Fees: None. In consideration of the programs and activities provided and the benefit to
the community, the City will not require a fee in exchange for these services.
Service Fees: The Provider shall provide its programs at no cost to the user or the City. In the
event the Provider elects to charge a fee for its services, Provider shall submit a
schedule of its proposed fees and charges to the City Manager for his prior
written approval, which approval may be withheld or conditioned in his sole
discretion, including the right to require the Provider to pay a fee for the use of
the Premises and to provide for scholarships.
Funding: Provider shall raise funds independent of the City for its operation.
Maintenance Provider shall, at its own cost and expense, provide all maintenance, repairs,
& Repairs substitutions and replacements, as necessary, to its equipment necessary for the
operation. The City shall be responsible for the maintenance, repair and
replacement of any equipment provided by the City.
City Approvals: Prior to the commencement of each agreement year, Provider shall submit to the
City, for its approval, its budget and operational plan. The Provider shall
schedule all activities conducted at the Park through the City Park's Manager.
Elizabeth Virrick
Park Committee: The City will use its best efforts to work with the Committee to enter into a
separate agreement with the Committee to formalize the relationship of the City
and Committee for the operation of the Park. The Provider agrees to use its best
efforts to make changes to its programs and operations, in a timely manner, as
may be requested by the Committee from time to time.
Termination: Either party may cancel this Agreement at any time without cause by providing
six (6) months prior written notice to the non -canceling party.
If Provider in any manner violates the restrictions and conditions of this
Agreement, then, and in the event, after ten (10) days written notice given to
Provider by the City Manager within which to cease such violation or correct
such deficiencies, and upon failure of Provider to do so after such written notice
within said ten (10) day period, this Agreement shall be automatically canceled
CAG�'��jjyy�� without the need for further action by the City.
�B:i~K:eb: Mayor CC —Waiving Comp. Negotiations for Professional Agreement BGCMI
U2 -m Sit
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Priscilla A. Thaw
DATE: June 19, 2002 FILE:
City Clerk
S'BJWT = Public Notice Professional
.1 Service Agreements
Elizabeth Vitrick Park
FROM: %.aura Bill REFEFANCES
Office of Asset Management EWLOSURES:
Enclosed you will find an ad for notice of a public hearing to be bald by the City
Commission on June 28, 2002 for the purpose of waiving competitive negotiations for the
award of professional sarviice agreements, to provide rocreadonal, educational and
cultural programs at the City owned property located at 3255 Plaza Street, NGalmi, Florida
(commonly known as the Elizabeth Virrick Park).
Please place the ad in accordance with public hesrmg requirennents of the City
Commission.
Thank you for your amismee in this matter.
77t .16 //4`
vi ' Alonso, Agenda
Enclosure
Mt"Chrk%h=bdhVkrWkPftkPWffi9
02- 811
CITY OF MIAMI
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
at 9'41 in the City Commission Chambers at City Hall, 3500 Pan
encan Drive, Miami, Florida, for the purpose of waiving competitive negotiations for
the award of professional services agreements, to provide the administration of
recreational, educational and cultural programs at the City owned property located at
3255 Plaza Street, Miami, Florida (commonly known as the Elizabeth Virrick Park). Said
professional service agreements to be for a period of five years with an option to extend
for three additional five year periods. The following not-for-profit organizations are
interested in thep
rovisionof the aforementioned services:
Boys & Girls Clubs of Miami, Inc.
2) Coconut Grove Cares, Inc.
All interested persons are invited to appear and may be heard concerning these items.
Should any person desire to appeal any decision of the City Commission with respect to
any matter considered at this hearing, that person shall ensure that a verbatim record of
the proceedings is made, including all testimony and evidence upon any appeal may be
based.
(City Seal) Priscilla Thompson
City Clerk
Ad. No.
02-- 8.11