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HomeMy WebLinkAboutR-90-05111/3/90 RESOLUTION NO. 9 a " 5 1 A RESOLUTION, WITH ATTACHMENTr AUTHORISING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATIONt IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 224 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY -CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA, SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $1,008 IN SUBSTANTIAL, ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABhE PERMIT. WHEREAS, the SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION, a Florida nonprofit corporation, has occupied 224 square feet of space in the Manuel Artime Community Center since 1986 under a Revocable Permit, and has been paying $1.00 yearly for the use of the area; and WHEREAS, said permit and extensions thereto have expired; and WHEREAS, the City of Miami is willing to allow the SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION, to use the facility through a new Revocable Permit with an increased user fee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to issue a Revocable Permit/ to the SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION,in substantially the attached form, for the use of The herein authorization is further subject to compliance with all requirements that may be imposrd by the City Attorney, including but not limited to tho a prescribed by applicable City Charter and Code provisions. (ATTACHMENTS CONTAINED 77 , - ga 224 square feet of apace in the Manuel Artirms Community Center located at 900 Southwest First Street, Miami, Florida; said Permittee shall pay an annual fee of $1, 008 for the use of the - area, in substantial accordance with R; the terms and conditions contained in said Revocable permit. jf Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this i12th day of CITY CLERK PREPARED AND APPROVED.BYt 4 0.1WM r4 7, / I I -MA y . Q NN ES, III DEPUTY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Is Ana .-FERNANDEZ CITY AQJ:gbtM16 - 2 - L . SUAJREX , 90- 1990. i `yam. 4 REVOCABLE PERMIT NO. :4h ISSUED BY THE `= CITY OF MIAMI _ TO SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION " r FOR THE USE OF 224 SQUARE FEET wr OF SPACE IN THE Y �# PROPERTY LOCATED AT - _ r 900 SOUTHWEST FIRST STREET, ROOM 201 MIAMI, FLORIDA I. .. :.sic_.. yK tnbS u ,^ k u-r,r.' _ r+ 1�EECRITION Off' A � s 3. TIMEr 3. PURPOSE 4. FEE , 3 S. tAWS APPLICABLE 3 :t 6. f UTILITIES 4 � - 7. ASSIGNMENT OR TRANSFER 4 - _ 8 CONDITION OF AREA 4 9. ALTERATION BY PERMITTEE 4'_ 10. MAINTENANCE 5 11. CITY'S RIGHT OF ENTRY 5 5 12. RISK OF LASS 13. INDEMNIFICATION 6 14. INSURANCE 6 15. PEACEFUL RELINQUISHMENT 16. GENERAL CONDITIONS 17. ADVERTISING 8 9 18. NONDISCRIMINATION ; 19. AFFIRMATIVE ACTION 9 -� 20. MINORITY/WOMEN BUSINESS UTILIZATION 9 x= 21. VIOLATIONS 9' 22. TAXES 10 23. INTEREST CONFERRED BY PERMIT 10 24. COURT COSTS AND ATTORNEY'S FEES 10 25. MODIFICATIONS 10 x EXHIBIT 1 CORPORATE RESOLUTION „t f r Ir _ Eli + Alt. The City of Miami (hereinafter referred to as the "CITY") hereby issues this revocable permit (hereinafter referred to ae the "PERMIT") to SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATICIN, a Florida nonprofit corporation, (hereinafter referred to as the -- "PERMITTER"), for the purpose of providing space for the -� administration offices of SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION and under the conditions hereinafter set forth, �- permitting said PERMITTER to use 224 square feet of space of the property located at 900 Southwest First Street, Room 201, Miami, Florida (hereinafter referred to as the "AREA"), described in Exhibit 1 which is attached hereto and made a part hereof. 2. This PERMIT shall be valid for a period of one year = commencing on the date of issuance. This PERMIT or any extensions and renewals thereof, in addition to the termination which may result from or under the provisions of Section 21 hereof, may also be terminated by the City Manager, with or without .cause at. any time by delivery of a written notice of revocation, thirty (30) days prior to revocation. 3. PtMPO,S1R - The AREA shall be used by the PERMITTER for the purpose of providing administrative offices to advise the Latin community of their rights and to investigate discrimination claims at local, state and federal levels. 4. IML PERMITTER shall pay for the use of the AREA an annual fee in the amount of $1,008, payable in 12 equal monthly installments in t` the amount of $84.00 plus tax. 5. LAWS APpLI�ABLE m PERMITTER accepts this PERMIT and hereby acknowledges that r_ r PERMITTER's compliance with all laws of the State of Florida, t jF 3 CC� T l � t 90 WON Ordinances of the City of Miami and 10ade County Florida, 1patta ning to the operation and Saintenance of the AM* including but not limited to building codes and tuning -. restrictions, is a condition of this PERMIT, and PERMITTEE shall t Comply therewith as the sage presently exist and as they may be amended hereafter. 4? Unless otherwise provided herein, the CITY shall provide all utilities, including but not limited to,'electricity# water, gas and sewage disposal. Trash and garbage removal shall be at the cost of the CITY. PERMITTEE shall be responsible for telephone charges. 7. No AS$IGHM MT OR TRIUifA"M PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this PERMIT. 8. CONDITION OF AREA PERMITTEE hereby accepts the AREA in its present condition and shall maintain it in the same condition, order and repair as it is in at this time, at the cost and expense of the PFRNITTEE, except for reasonable wear and tear. 9. ALTERATIONS BY PF.R TTTWE A. PERMITTEE may not make any alterations, additions, partitions or improvements in or to the AREA without the written consent of the City Manager or his yh designee. All additions' 9 partitions, or improvements shall become the property of CITY and shall remain a part of the AREA at the expiration of this PERMIT. The {Y y x cost of renovation of the .AREA as to alterations, additions, partitions or improvementsshallbe borne by and is the financial responsibility of PERMITTEE. B. PERMITTEE shall have the right to remove any`'- �K. movable personal property or fixtures that it places in or on the AREA. All alterations, additions, partitions or improvements must be in conformance with the 4 90 it r provisions of Section s horear If any part of AREA is in -any way damaged by the removal of Such it as Stated, in subsection "A" hereof, said damage ah be repaired by PIRMITTEE at its Sole cost and exper Should PERMITTEE fail to repair any damage caused the AREA ten (10) days after receipt of written not from CITY directing the required repairs, CITY at cause the AREA to be repaired at the sole cost —; expense of PERMITTEE. PERMITTEE shall pay CITY full cost of such repairs within ten (10) days -i receipt of. an invoice indicating the cost of i required repairs. Failure to pay such invoice shalt sufficient cause to revoke this PERMIT as provide( Section 21 below. Notwithstanding the above, PERMIT may be revoked due to PERMITTEE's failur( repair the AREA as directed without the necessity of CITY repairing the AREA. C. Upon completion of construction, and/or improvements, the paid invoices, receipts and other such documents shall be submitted to the City Manager. 10. PERMITTEE shall maintain the AREA in good order a at all times, and in an attractive, clean and sanitary during the period of this PERMIT or any extension o hereof. 11. CITYIS S RIGHT OF ENTRY CITY, or any of its properly designated representatives, or employees, shall have the right to AREA during all reasonable working hours, to examt inspect the same and for any necessary access to the City property. 12. R18x Of toss PERMITTEE shall pay on behalf of, defend, indemnif; CITY harmless against all risk of loss, injury or damage of any 5 ,; kind or nature whatsoever to property now or hereafter placed on or within the AREA and all risk of loss, injury or damage of any kind or nature whatsoever to the contents of such building or improvements made by PERMITUE to the structure or structures, or to any goods, chattels, merchandise or to any other property.that may now or hereafter be placed upon the AREA, whether belonging to PERNITTEE or others, whether said loss, injury or damage results from fire, hurricane, rising water or from any other cause or other contingency, and whether tfie same be caused by the claimed negligence of CITY or any of its employees, agents or otherwise, and shall keep CITY harmless from all claims and suits growing out of any such loss, injury or damage. 13. TNpg, ijT ICATTON AND HOLD HI►; T F$S The PERMITTEE shall indemnify and save the City harmless from any and all claims, liability, losses and causes of actions which may arise solely as a result of the PERMITTEE's negligence. 14. INSURANCE PERMITTEE shall maintain throughout the period of this PERMIT and through any periods of extensions or renewals, the 4 following insurance: A. Commercial General liability, Comprehensive General liability or its equivalent, on an occurrence form with a combined single limit of at least $500,000 covering premises operations, bodily injury and property damage liability. Any other coverage deemed necessary in the course of business. The City shall be named an additional insured on the policy or policies of insurance. B. The policy or policies of insurance required shall be so written that the policy or policies may not be cancelled or adversely changed without thirty (30) days advance written notice to the City of Miami being delivered to the Insurance Manager, City Attorney's Office, One Southeast 3rd Avenue, Miami, Florida 33131. F s t"is 90- 511- Frv� A current certificate of tnourance showing the required coverage *hail be supplied to the property and lease Management Office of the CITY Insurance policies required above shall be issued by companies authorized to do business under the laws of the State, with the following qualifications as to management and financial strength: The company must be rated no less than A as to management, and no less than class v as to financial strength, in accordance with the latest edition of $est's Key Rating Guide4 published by Alfred M. Best Company, Inc., Oldwick, New Jersey 08858. Receipt of any documentation of insurance by the CITY or by any of its representatives which indicates less coverage than required does not constitute a waiver of the PERMITTEE's obligation to fulfill the insurance requirements herein. 15. PEACEFUL RELINQUISHKENT At the expiration of the PERMIT period, PERMITTEE shall, without demand, quietly and peaceably relinquish, its use of the AREA in as good condition as it is now, except for normal wear and tear such relinquishment also being required, upon demand of the City Manager, pursuant to the provisions of Section 21 hereof, or as provided in Section,k hereof or as may otherwise be directed by CITY. 16. GENERAL CONDT'jjQN A. All notices or other communications which may be given pursuant to this PERMIT shall be delivered in writing, by personal service or registered mail, and shall be addressed to CITY and PERMITTEE as follows: 777 City manager Lager Spanish American league Attn: Property & Lease Mgmt. Against niscrimination city of Miami goo S.W. lot Street P.O. BOAC 330708 Miami, Florida - Miami, Florida Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. `= B. Title and paragraph headings are for convenient_ reference and are not a part of this PERMIT. - C. No waiver of a violation of any provision of this PERMIT shall constitute a waiver of any subsequent - violation of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provisions, paragraphs, sentenceE words or phrases contained in this PERMIT be determine by a court of competent jurisdiction to be invalic illegal or otherwise unlawful under the laws of t) State of Florida or the City of Miami, such provisions paragraphs, sentences, words or phrases shall be deems modified to the extent necessary in order to confo; with such laws, and the same may be deemed severable i the CITY, and in such event, the remaining terms a conditions of this PERMIT shall remain unmodified and in full force and effect. 17. ADVERTISING PERMITTEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the AREA grounds without having first obtained the approval of the City Manager or his designee. CITY reserves the right to erect or place upon the AREA an appropriate sign indicating CITY's having issued this PERMIT. 4 s It ♦ macandsam - P21MTTEE shall not diacriminate against any persons on aedount of race, color, sew, religious creed, ancestry, national origin, mental or physical handicap, in the use of the AREA. 19. A2233OW11M ACrYaN PERMITTTEE, 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, the handicapped, and Vietnam era 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, PERMITTER shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. PERMITTEE, shall make every good faith effort to purchase/contract fifty-one percent (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such lists will be made available to the PERMITTER at the time of the issuance of the PERMIT by the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. 21. VIOLATIONS If PERMITTER in any manner violates the restrictions and conditions of this PERMIT, then, and in the event, after ten (10) days written notice given to PERMITTER by the City Manager within which to cease such violation or to correct such deficiencies, and upon failure of PERMITTEE to do so after such written notice, this PERMIT is hereby revoked automatically without the need for other or further action by CITY. 9 2`ia U 'Y . : tur hg tha period of this PERMIT, PERMITTEE shall pay any And all takes of whatever stature lawfully levied upon or assessed h_ v against the AREA. a�f�ti¢ERR-D_ RY pE-etrtrT - Yr. The provisions of this PERMIT do not constitute a lease anal the rights of PERMITTEE hereunder are not those of a tenant. No N leasehold interest in the AREA is conferred upon PERMITTEE under the provisions heraof. r 24. COURT COSTS AND . ATTA n y 1 S pgns In the event that it becomes necessary for CITY to institute — legal proceedings to enforce the provisions of this PERMIT, 1 _ PERMITTEE shall pay CITY's court costs and attorney's fees. - 25. MODIFICATIONS The conditions contained herein shall not be modified unless said modifications are approved in writing by the City Manager. - IN WITNESS WHEREOF, PERMITTEE has hereunto caused this Revocable Permit to be applied for and has executed the following by its duly authorized officers, as of this day of 1990. ATTEST: PERMITTEE: {'k SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION r (Seal) i Corporate Secretary President APPROVED AS TO INSURANCE REQUIREMENTS: E �3 Insurance Coordinator YrAA{ I.Y• to . 1 �t- �� yiZn 10 tip ss Manuel Artime COMuhity Center 900 S.W+ 1st Street Miami, Florida 33130 Little Unvana Community Center .it AAF'IVOK F 1 an EXHIBIT I • il1G ri4 4VWL/1aaiV11 SUBJECT : Resolution Authorizing Issuance of Revocable Permit for Spanish _ FROM : REFERENCES American League Against Cesar H. Odio Discrimination City Manager ENCLOSURES: It is respectfully recommended that the City Commission adopt .a resolution a:Uthoriz-ing the issuance of a Revocable Permit to..the. Spanish American League Against Discrimination (SALAD) for use .of 224 square feet of space in the Manuel Artims Community Center. $BCKGB�I� The General Services Administration Department, Property and Lease Management Division has prepared a Revocable Permit to .be issued to SALAD for use of space in the Manuel Artime Community Center, 900 Southwest First Street, Miami, Florida. The Spanish American League Against Discrimination is a nonprofit corporation that has occupied 224 square feet of - space under .a Revocable Permit issued in 1986 at $1.00 per year, which has been. renewed annually. Said permit and extensions thereto have expired. It is recommended that a new Revocable Permit be issued to SALAD, -increasing the user fee to $1,008 annually, representing the total 224 square feet of space at-$4.60 per square foot..