HomeMy WebLinkAboutR-85-0662J-85-615 PkN
RESOLUTION NO. SS"66
A RESOLUTION AUTHORIZING THE ISSU-
ANCE OF A REQUEST FOR PROPOSALS IN
SUBSTANTIALLY THE FORM ATTACHED,
FOR THE LEASE OF FORMER FIRE STA-
TION #91 WHICH IS NOW VACANT,
LOCATED AT 7561 N.E. FIRST AVENUE,
FOR THE PURPOSE OF PROVIDING A
FACILITY FOR CONDUCTING CIVIC
AND/OR SOCIAL SERVICE PROGRAMS FOR
THE BENEFIT OF THE IMMEDIATE NEIGH-
BORHOOD AND/OR THE WHOLE COMMUNITY.
WHEREAS, Section 53(d) of the City of Miami Charter entitled
"Sales and Leases of Real Property" provides for the disposition
of real property owned by the City and any such disposition shall
be conditioned upon compliance with the provisions of this
section; and
WHEREAS, Section 53(d) of the Charter requires competitive
bidding procedures to be followed with respect to the disposition
of real property owned by the City; and
WHEREAS, Section 18-78 of the City of Miami Code entitled
"Methods and Procedures for Sales and Leases" of realty sets
forth the principles for competitive sealed bidding; and
WHEREAS, the City owns 22,495 square feet of land and
improvements in the form of a two-story building with 6,973
square feet, which was former Fire Station #9 and has been vacant
since 1980; and
WHEREAS, several viable organizations have expressed
interest in utilizing this facility for varinijc nnmMIS"il
programs; and
WHEREAS, this property though secured several times is at
present totally vandalized and in disrepair and is a neighborhood
hazard; and
WHEREAS, the City desires to invite proposals for the
purpose of providing constructive use of this property, by
providing a facility for conducting civic and/or social service
programs to benefit the immediate neighborhood and the whole
community; CITY COMMISSION
MEETING OF
JUN 20 1985
ON No. 85-662
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to issue a
Request for Proposals, in substantially the form attached, for
the lease of former fire station #9, which is now vacant, located
at 7561 N.E. First Avenue, for the purpose of furnishing a
facility to the successful bidder where civic and/or social
service programs may be conducted by the successful bidder to
benefit the immediate neighborhood and the whole community.
PASSED AND ADOPTED this ?Ott day of _June _ , 1985.
ATTEST:
RAL G. ONGIE, CITY CL K
PREPARED AND APPROVED BY:
/C
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROV
LUCIA A. DOUS
CITY ATTORNEY
0)FORM AND CORRECTNESS:
Maurice A. Ferre_
MAURICE E. FERRE'�__�
MAYOR
85-662
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM EF
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Honorable Mayor and4
05
-° Members of the City DATE FILE:
Commission Issuance of RFP for
ass Ec- 7561 N.E. First Avenue
- Agenda Item
FQOM- oergio Pereira REFERENCES.
City Manager
F.NC.OSURES ? -
It is recommended that the City
Commission adopt a resolution
authorizing the issuance of a
Request for Proposals for the lease
of former Fire Station #9, which is
now vacant, located at 7561 N.E.
First Avenue, for the purpose of
civic and/or social service pro-
grams for the immediate neighbor-
hood and the community as a whole.
The above mentioned building, constructed in 1925, has been
vacant since October 10, 1980, when a new Fire Station #9 was
constructed. Since 1980, even though the building has been
secured several times, it has remained vacant and been vandalized
and presents a neighborhood hazard.
Several viable organizations, namely, the Regis House group, the
A.L.G.D.G.A.D.L.'UN., Les Enfants de la Veuve, Inc. d/b/a La R.L.
Les Pelerins No. 7, and the Society of Priests of Justin the
Martyr have made requests for the use of this former fire
station, for activities that would make this property an asset to
the neighborhood and community.
Recommendation
The Property and Lease Management Division of the Finance
Department recommends that the City Commission authorize the
issuance of a Request for Proposals for the lease of vacant,
former Fire Station #9, located at 7561 N.E. First Avenue, for
the purpose of civic and/or social service programs for the
immediate neighborhood and/or community as a whole.
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REQUEST FOR PROPOSALS
INVITATION TO SUBMIT PROPOSALS FOR
THE LEASE OF FORMER FIRE STATION
NO. 99 WHICH IS NOW VACANT, LOCAT-
ED AT 7561 NE FIRST AVENUE, FOR
THE PURPOSE OF FURNISHING A FACIL-
ITY FOR CONDUCTING CIVIC AND/OR
SOCIAL SERVICES FOR THE BENEFIT OF
THE IMMEDIATE NEIGHBORHOOD AND/OR
THE WHOLE COMMUNITY.
JUNE 20, 1985
CITY OF MIAMI
MAURICE FERRE, Mayor
JOE CAROLLO, Vice Mayor
MILLER DAWKINS, Commissioner
DEMETRIO PEREZ, Commissioner
J. L. PLUMMER, Commissioner
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SERGIO PEREIRA, City Manager
Prepared by Property and Lease Management
Proposals Due: 2.00 PM
July 22, 1985
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Request
For Proposals
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Table
of Contents
I Public Notice
Aviso Publico
II Overview
A Summary
B Requirements
i
III Instructions to Proposers
A FORMS: 1) "Declaration"
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2) "Proposal"
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I PUBLIC_NOTICE
The City of Miami (the "City") is offering to lease approximately
22,495 square feet of improved property, housing a former fire
station with a two-story building,.located at 7561 NE First
Avenue, legally described in Exhibit I.
The use of the property shall be fr iuforshing a the benefit
ty for
immediatethe
conducting civic and/or social servces
immediate neighborhood and/or the whole community.
Proposal packets can be obtained from the City of Miami Clerk,
3500 Pan American Drive.
Sealed proposals shall be submitted to the Office of the City
Clerk of the City of Miami located on the first floor of
the
Miami City Hall, 3500 Pan American Drive, Dinner Key, Miamig
Florida 33133 on or before 2:00 PM, July 22, 1985.
Any questions pertaining to this Request for Proposals may be
directedto
Management, 65 SW First Street, t,+enl
Miami ase Manager
Forida Property
and Lase33130
or by telephoning (305) 579-6318.
The City Manager of the City of Miami, Florida, reserves the
right to cancel this Request for Proposals before the opening of
proposals, to accept any proposal deemed to be in the best
interest of the City, to waive any irregularity in any proposal
and to reject any and all proposals.
Sergio Pereira
City Manager
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AVISO PUBLICO
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La Ciudad de Miami pies esta
drad sdo el situadorren d7561ntNE dFfrst
edificio de 22,495 p
Avenue.
E1 use de esta propiedad sera pars dcomunidadr un programa de
actividades civicas y sociales Para
la Iel Seccion sob Municipal de sla Ciudad de Mia ib1 3500 Pan American
_ del Secretario Mu p
Drive.
Las propuestas selladas deberan ser sometidas a: las Oficinas
del Secretario Municipal de la Ciudad de Miami, situadas en el
primer piso del Ayuntamiento de Miami, 350m spans mar American
r vde
Dinner Key, Miami, Florida 331339 an
julio, 1985 a los 2:00 PM.
Cualquier pregunta relacionada con esta propuesta puede dirigirse
a Albert t J. 65m SW 'Fir t PropeStreetj Miami, Flo& Lease rida o33130, perty atelefono
Lease
Managemen ,
(305) 579-6318.
E1 Administrador de la Ciudad de Miami, Florida, se reserva el
derecho de cancelar esta peticion de propuestas antes de la
apertura de dichas propuestas. Tambien el Administrador se
reserva el derecho de aceptar la mejor propuesta que considere en
el mejor aridadteres para la rechazar alguna, oasar todasr to cualquier
1 spropuestas
irregul Y
presentadas.
Sergio Pereira
City Manager
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II OVERVIEW
A Summary
The City of Miami, Florida (the "City"), is soliciting sealed
proposals to lease approximately 22,495 square feet of imp
property, housing a former fire station, composed of a two-story
mately 4,787 square feet on the first floor
building with approxi
and 2,186 square feet on the second floor, locatedfacility
lfor
First Avenue, for the purpose of providing
conducting civic and/or social
and/orservice
theprograms
communitye benefit
of the immediate neighborhood
The proposed lease agreement (the "Lease"), will have an initial
term of approximately five (5) years, beginning on the date of
the execution of the Lease with one (1) five-year renewal option.
The Lease shall be awarded to the responsible and responsive
proposer (�� Proposer ), whose proposal offers the City the highest
total compensation for the Lease. In making eu h deter
ete amountioof
the City shall consider the following: exp
erience lar
return offered to the City, and professional
reputation of Proposer, the financial capability of the Proposer,
and the City's evaluation of the narrative submitted by
the
Proposer(s) in support or explanation of the overall service
program proposed, describing the civic and/or social activities.
Proposer is expected to make bids not lower than the minimum
yearly payment of one hundred ($100) dollars to be paid in
advance, excluding any real estate taxes levied against the
premises which are to be paid by the successful bidder
("Successful Bidder"). Any proposals made below the minimum
yearly amount will be disqualified.
Proposer recognizes that construction, repairs, alterations
improvements or maintenance to the leased area, and/or other
areas owned by the City and used by the Successful Bidder in
conducting these civic activities and promoting such social
serviceprograms, is at the sole expense of the lessee (the
"Lessee")
) and shall become the property of the City upon
expiration of the Lease. Upon completion, the paid invoices,
receipts and other such documents shall be submitted to the City
Manager. Proposer also recognizes that all improved common areas
utilized by Lessee, such as the building and grounds, in the
conduct of the proposed activities, will be maintained by Lessee
at its expense. Proposer further recognizes that Lessee will
bear costs of construction, improvement and maintenance of the
building and grounds.
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85-662
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ht to cancel
for
The City Manager reserves rigof pr�oposals,thto Request
any
Proposals before the opening
irregularity in any proposal and reject any or all proposals and
readvertise.
Sealed proposals shall be submitted ocated • on the firsts floor theof City
Cthe
Clerk of the City ooo f Miami, Miami,
Miami City Hall,
or3beforen2:00ePMCaJuly 22,E 1985. Key,
Florida 33133 on
Any questions pertaining to
directed to Albert J. .Armada,
First Street, Miami, Florida,
6318.
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this Request for Proposal may be
Property and Lease Manager, 65 SW
33130 or by telephoning (305) 579-
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85-662
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B Requirements
Successful Bidder is expected to propose a minimum yearly return
to the City of one hundred ($100) dollars to be paid in advance,
excluding any real estate taxes levied against the premises,
which are to be paid by Successful Bidder. Any bids below the
minimum yearly amount will be disqualified. However, in the
event that changes to the use of the property which may require
City Manager's approval are granted to Lessee, additional
consideration as may be mandated by the City Manager shall be
required.
Successful Bidder will be required to provide insurance coverage
at limits designated by the City. The policy shall name the City
as an additional insured, and a copy of the certificate shall be
filed with the City when a lease is executed.
Successful Bidder agrees that no construction, repairs,
alterations or improvements may be undertaken upon the demised
premises unless the plans:
1 Be first submitted to Property & Lease
Management, for presentation and review by
all Departments and Offices with
jurisdiction, and
2 Be approved by the City Manager of the City
of Miami, Dade County, Florida, and
3 Be in compliance with all State, County and
City rules and regulations, and any other
agency that may have jurisdiction in these
matters.
Successful Bidder will be expected to pay all costs, including
but not limited to appraisals, surveys and advertising expenses
incurred by the City in the process of this solicitation of
proposals.
Successful Bidder recognizes that construction, repairs,
alterations, improvements or maintenance to the leased area,
and/or other areas owned by the City and used by Successful
Bidder in conducting their civic and social service programs and
promoting such community activities, is at the sole expense of
Lessee and shall become the property of the City upon expiration
of the agreement. Upon completion, the paid invoices, receipts
and other such documents shall be submitted to the City Manager.
Successful Bidder also recognizes that all improved common areas
utilized by Lessee, such as the building and grounds, in the
conduct of the proposed activities, will be maintained by Lessee
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at its expense. Successful Bidder further recognizes that Lessee
will bear costs of construction, improvement and maintenance for
the building and grounds.
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III INSTRUCTIONS TO PROPOSERS
1. SUBMISSION OF PROPOSALS:
sections:
a) "Declaration"
b) "Proposa "
Submit proposals consisting of
Where forms are furnished as
per the form's instructions
documentation submitted by
one of the sections should
form where applicable.
titled above, please complete
and submit same. Additional
the Proposer relating to
any
be attached to the completed
Whether forwarded by mail or personally delivered,
the
envelope must be received by the Office of the City Clerk,
City of Miami City Hall, 3500 an American
date and inner
Key, Miami, Florida 33133, Prior
stated in the Public Notice.
2. QUALIFICATIONS: Prospective Proposers shall have no
and
record of pending lawsuits, criminal activities, etc.,
be of
shall not have conflicts of interests which
latter
embarrassment to the City of Miami submission of a
qualification may be satisfied by
notarized affidavit to the effect with the proposal
submission.
3. ONE PROPOSAL: Only one Proposal from an individual firm,
partnership, or corporation under the same or different
names, will be considered. If it is found that a Proposer
is interested in more than one proposal, all proposals in
which such a Proposer is interested will be rejected.
4. PRICE PROPOSAL: Prices shall be stated in both words and
figures in the appropriate places in the _P_r_o_2o_.s_all form.
In the event that there is a discrepancy between the price
written in words and the price written in figures, the
former shall govern.
5. SIGNATURE OF PROPOSER: The Proposer must sign the
Proposal in the space provided for signatures.
If the Proposer is an individual, the words "Sole Owner"
shall appear after his signature.
If the Proposer is a partnership, the word "Partner" shall
appear after the signature of one of the partners.
If the Proposer is a corporation and/or organization, the
signature required is the officer, officers, or individual
0
85-66 1c.
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authorized by its by-laws or the Board of Directors, with
official corporate seal affixed thereto.
b. PERFORMANCE BOND: The City reserves the right to demand
of the successful bidder a performance bond in the amount
sufficient to guarantee faithful performance of the terms
and conditions of the lease bgreement. A cash deposit
with the City will meet this requirement.
7. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is
reserved by the City of Miami to accept any proposal
deemed to be in the best interest of the City, to waive
any irregularities in any proposals, to reject any or all
proposals, or to readvertise for proposals, if desired.
In making such determination, the City's consideration
shall include the following:
a) the proposer's experience
b) the dollar amount return offered to the City
c) the proposer's financial qualifications
d) the professional reputation of the proposer
e) the evaluation by the City of the proposal submitted
by the proposer in support or explanation therof.
The successful proposer will receive an official letter
from the City of Miami notifying him of the acceptance of
this proposal and awarding him the privilege of executing
a contract to be prepared by the City.
Any proposal which is incomplete, conditional, obscure or
which contains irregularities of any kind, may be cause
for rejection of the proposal. In the event of default of
the successful proposer, or his refusal to enter into the
City of Miami contract, the City reserves the right to
accept the proposal of any other proposer or readvertise
using the same or revised documentation, at its sole
discretion.
8. WITHDRAWAL OF PROPOSAL: Any proposal may be withdrawn
prior to the final time for receipt, as scheduled in the
Public Notice.
9. INTERPRETATION OF PROPOSAL DOCUMENTS: Each proposer shall
thoroughly examine the Proposal Documents and judge for
himself all matters relating to the location and character
of the services he agrees to perform. If the proposer
should be of the opinion that the meaning of any part of
the Proposal Documents is doubtful, or obscure, or
contains errors or omissions, he will be provided the
opportunity to request clarification from Property and
Lease Management.
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85-66ti
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10. PROTECTION OF RIGHTS 0 n any contractlty documentesuchsterms
the right to include Y y for proper
and conditions aCit eems necessa
(see Exhibit II)e pp
protection of the Y of
11. The City reserves the right to require submission of the
following documents.
Personal
a Personal Financial Statement
b) Personal History Form
c) Personal Income Tax Report for
the last three (3) years
Business if proposal is tby an established business firm
a Balance sheet less than
days old
b) Current Income and Expense Statement
c) Business Income Tax Reports for
the last three (3) years
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DECLARATION
TO: Sergio Pereira
City Manager
City of Miami, Florida
Submitted _ day of , 1985.
The undersigned, as proposer (herein used in the masculine
singular, irrespective of actual gender and number) declares that
the only persons interested in this proposal are named herein,
that no other person has any interest in this proposal or in the
lease to which this proposal pertains, that this proposal is made
without connection salinrarrangement every respectith any other fair l in good person and
awithout
this proposal Y
collusion or fraud.
The proposer further declares that he has complied in every
respect with all the Instructions to Proposers issued prior to
the opening of patters and conditions of osal� and that he has sthe slease fied htoswhich elf uthe
relative to allm
proposal pertains.
The proposer proposes and agrees, if this proposal is accepted,
he will execute an appropriate City of Miami document for the
purpose of establishing a formal contractual relationship between
him and the City of Miami, Florida, for the performance of all
requirements to which the Proposal pertains.
The proposer states that the proposal is based upon the Request
for Proposals issued by the City, dated June 20, 1985 for the
lease of the vacant fire station located at 7561 NE First Avenue,
Miami, Florida, as legally described on attached Exhibit I.
Signature
OOW
TO:
PROPOSAL
Office of the City Clerk
City of Miami, Florida
ATTENTION: Property and Lease Management
(1) The undersigned hereby makes a proposal for a lease
agreement of five (5) years with the City of Miami, with one
five-year renewal option, subject to the City Manager's approval,
for the vacanallfire
building
attached Exhibital.7561 NE First
Avenue, as legally described on
(2) Describe in your format and attach to the last page of this
Pro osal Form, labeled "Attachment A", a narrative in support or
exp anation of the overall service program proposed, describing
the civic and social activities:
PART I
PROGRAM NARRATIVE AND IMPLEMENTATION PLAN
A
Narrative Description of the Project
Provide a detailed narrative description
of the project including the following:
1
Describing the goals and purpose(s) of
2
the project;
Identifying the individuals and/or
groups to be served ( target group) , and
defining the requirements for
3
eligibility;
Identifying the geographical area of
4
service;
Identifying the activities that the
project will be providing and describing
the nature and extent of those
activities, as well as any special
features that you feel should be
mentioned;
5
Identifying the expected outcome(s) of
the project on the participants and/or
community.
B
Measurable (Quantitative) Objectives
Specifically quantify the objectives to
be achieved, which include:
1
Identifying the specific segment of the
target group to be served in each
activity;
2
Estimate the number of target group
participants to be served in each
activity;
SS-S62
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3
Identifying the specific service to be
4
provided in each activity
Estimate the frequency of the activities
5
to be provided•,
Specify the time period in which each
activity/objective will be achieved.
PART II
A
ORGANIZATION
Provide a list of all members
employees, broken down by , aged
ethnic status, and position held.
sex,
PART III
PROGRAM MANAGEMENT
Describe in detail the policies and
A
procedures that will be used regarding
including
membership and employees
descriptions of the following:
1 Eligibility
2 Hiring and termination prosdur
3 Equal Employment opportunity procedures
and assurances
4 Affirmative Action procedures
5 Scheduled activities for the community
6 Grievances and Abuses
B Describe in detail the internal
monitoring system that will be used to
insure that the project will meet its
goals and objectives, including the
following:
1 Setting performance standards for the
measurement of each activity;
2 Developing a method for comparing the
performance against the standards set;
3 Performing a follow-up of corrective
actions;
4 Developing the required forms to record
activities;
5 Submitting status reports.
(3) The bidder is
expected to make
bids not lower than
be
the
in
minimum
payment of
one hundred 1dollars,
any real est te taxes iedo gainstd
the
.a
advance,
premises
excluding
which are
e below successfulbidder,
to be paids madethe yearly
bid
"Attachment Attachment
B . Any
amount will
be dfsqualified.
14 85--662
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(4) It is expressly ti yornrerectoanyhat andthe all proposalSq and reserves
the right to accept 3 proposal and
further understood, that acceptance anyaroval of the City
corresponding agreement is subject to thee app
Commission.
(5) The undersigned exprtiony andthverificationorized the Cfromoanyisouree
to
solicit and obtain informs
named in or in connection with this proposal.
THIS BID _PROPOSAL SUBMITTED BY
Name of Firm, Corporation, or Individual
Address of Firm, Corporation, or Individual
Signature
Signature
Title
Title
(If Corporation, Please Affix Corporate Seal)
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EXHIBIT I
LEGAL DESCRIPTION OF
FIRE STATION LOCATED AT
7561 NE FIRST AVENUE
Lots 1, 2,'and 39 Block 30, Little River
Gardens Subdivision Blks. 24-32,
according to the plat thereof, as
recorded in Plat Book 7, page 269 of the
Public Records of Dade County, Florida.
TERMS AND CONDITIONS
TO BE INCLUDED IN
LEASE G EM T
INSURANCE
EXHIBIT Ir
The Lessee shall maintain during the term of the Lease Agreement
the following insurance:
A General Liability Insurance on a Comprehensive General
Liability coverage form or its equivalent, with a combined
single limit of at least One Million ($1,000,000) Dollars
for bodily injury and property damage liability. Products
and completed operations coverage, personal injury,
contractual liability, and premises medical payments
coverages shall be included. The City shall be named as
an Additional Insured.
B Automobile Liability Insurance covering all owned, non -
owned and hired vehicles in amounts of not less than
$100,000 per accident and $300,000 per occurrence for
bodily injury and $25,000 property damage.
C All Risk Property insurance coverage on a replacement cost
basis for real and personal property located on the
designated premises leased to the Lessee by the Lessor.
The City shall be named as a Named Insured on such policy.
D The policy or policies of insurance required shall be
written in a manner such that the policy or policies may
not be canceled or materially changed without sixty (60)
days advance written notice to the Lessor. Written notice
shall be sent to the Risk Management Division, Department
of Finance.
Evidence
of compliance with the insurance
requirements shall be
filed with the Risk Management Division
of the City of Miami
prior to
execution of the Lease Agreement and each renewal. Such
insurance
shall be subject to the approval
of the Risk Management
a
Division.
All insurance policies required
must be written by a
company or companies rated at least "A"
as to management and
x:
Class "X'"
as to financial strength, in the
latest edition of the
Best's Insurance Guide, published by Alfred M. Best Company,
Inc., 75
Fulton Street, New York, N.Y.
Compliance with the
foregoing
requirements shall not relieve the Lessee of its
liability
and obligations under this section
or under any other
portion of the Lease Agreement.
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EXHIBIT II
INDEMNIFICATION
Lessee covenants and agrees that it shall indemnify, hold
harmless, and defend the Lessor from and against any and all
claims, suits, actions, damages or causes of action arising
during the term of the Lease Agreement for any Personal Injury,
Loss of Life, or Damage to Property sustained in or about the
leased premises, by reason of or as a result of the Lessee's
occupancy thereof, and from and against any orders, judgements or
decrees which may be entered thereon, and from and against all
cost, attorney's fees, expenses and liabilities incurred in and
about the defense of any such claim and the investigation
thereof.
DAMAGES OR LOSS TO LESSEE'S PROPERTY
Lessee releases the Lessor from any and all liability, cost or
expenses for damage, or loss to the Lessee's property for any
cause whatsoever. Fencing around the premises and security are
the sole responsibility of the Lessee.
UTILITIES
Lessee shall pay for all utilities consumed on the premises as
well as connection and installation charges thereof and waste
collection, if any.
ASSIGNMENT AND SUBLETTING OF PREMISES
Lessee shall not, at any time during the term of the Lease
f; Agreement, sublet any part of the premises, or assign the Lease
Agreement or any portion or part thereof, except and by virtue of
written authorization granted by the City Manager to the Lessee.
EXAMINATION OF PREMISES
Lessee agrees to permit the Lessor's City Manager or his designee
to enter upon the leased premises at any time for any purpose the
Lessor deems necessary to, incidental to or connected with the
performance of the Lessor's duties and obligations hereunder or
in the exercise of its rights or functions.
RULES AND REGULATIONS
Lessee agrees that it will abide
regulations pertaining to the use
are now in effect, or which may at
the Lease Agreement be promulgated.
N
by any and all rules and
of the leased premises which
any time during the term of
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EXHIBIT II
TERMINATION
Lessor reserves the right to terminate this Lease Agreement with
or without cause upon six (6) monthsnotice. essee t eould actuate costsof
exercise such right it shall pay to
the improvements (as evidenced by the -paid invoices, receipts and
other such documents submitted to the City Manager) which will
take into consideration the unamortized life of the improvements
based on a ten (10) year straight line of depreciation schedule.
Payments of the depreciated actual cost of the improvements, if
any, shall be made as and must bepaiddate
withinsuch thirty (30)a
tion of the
Lease Agreementdays of the
ensuing budget year.
DEFAULT PROVISION
In the event that Lessee shall fail to comply with each and every
term and condition of the Lease Agreement or fails to perform any
of the terms and conditions contained herein, then Lessor, at its
sole option, upon thirty (30) days written notice to Lessee may
cancel and terminate the Lease Agreement, all advances,
improvements or other compensation shall be forfeited by Lessee
not as a penalty but as liquidated damages.
NON-DISCRIMINATION
Lessee agrees that there will be no discrimination against any
religious creed, ancestry
person on account of race, color, sex,
national origin, in the use of the demised premises and the
or
improvements thereof. It is expressly understood that upon
presentation of any evidence of discrimination the Lessor shall
-
have the right to terminate the Lease Agreement.
AWARD OF AGREEMENT
Lessee warrants that it has not employed or retained any person
employed by the Lessor to solicit or secure the Lease Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the Lessor any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of making the Lease Agreement.
CONFLICT OF INTEREST
Lessee covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with
the Lease Agreement has any personal financial interests, direct
or indirect, in the Lease Agreement. The Lessee further
covenants that, in the performance of the Lease Agreement, no
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EXHIBIT 11
person having such conflicting interest shall be employed. Any
such interests on the part of the Lessee or its employees, must
be disclosed in writing to the Lessor.
Lessee is aware of the conflict of interest laws of the City of
Miami (Miami City Code Chapter 2, Article V), Dade County,
Florida (Dade County Code, Section• 2-11.1) and the Florida
Statutes, and agrees that it will fully comply in all respects
with the terms of said laws.
INDEPENDENT CONTRACTOR
Lessee and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of Lessor,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of City, or any rights generally
afforded classified or unclassified employees; further it shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of Lessor.
MINORITY PROCUREMENT COMPLIANCE
Lessee acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances
and codes of Federal, State and Local Governments.
85-662
1 F P•,ict. t", ORIDA
Honorable Ma�yioT and Members June 18, 1985
of the C' y Commission
Proposed Lease of Former Fire
Station #9 (7561 NE 1 Ave.)
Lucia A. Do herty Agenda Item #11, 6/20/85
City Attorne
(1)
At the time of Agenda preparation for the June 20, 1985 City
Commission Meeting, we had not approved the draft RFP in
connection with the proposed lease of this facility; however, the
review and initial approval were accomplished in time for the
Agenda Packet Distribution on Friday, June 14th.
Attached is a modified resolution which incorporates the RFP as an
attachment thereto; the modified resolution clarifies the lease
restriction imposed by the City Commission and should be
substituted for the resolution which was distributed in the Agenda
Packet.
LAD/RFC/rr/070
cc: Sergio Pereira, City Manager
Ralph G. Ongie, City Clerk
Aurelio E. Perez-Lugones, Director
P&Z Boards, Administration Dept.
Al Armada, Lease Manager
85-662