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HomeMy WebLinkAboutR-81-0670kESOLUTION NO.81 - 6 7 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO, WITH COCONUT GROVE CARES, INC. FOR THE OPERATION OF THE ELIZABETH VIRRICK GYMNASIUM WITH FUNDS THERE- FOR ALLOCATED IN THE AMOUNT OF $55,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, SUBJECT TO THE AVAILABILITY OF FUNDS. WEEREAS, the City Commission has indicated support for Coconut Grove Cares, Inc. to become the operator of the Elizabeth Virrick Gymnasium for the purpose of conducting an amateur boxing program; and WHEREAS, the City Commission by adoption of Motion No. 81-512, passed on June 8, 1981, authorized the City Manager to negotiate and enter into a management agreement for said operation, subject to subsequent formalization by the Com- mission; and WHEREAS, Coconut Grove Cares, Inc. has conducted amateur boxing shows on a weekly basis and has started to have the necessary matching resources to maintain a daily program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with Coconut Grove Cares, Inc. for the opera'1.c", of the Elizabeth Virrick Gymnasium with funds therefor hereby allocated in the amount of $55,000 from Special Programs and Accounts, subject to the availability of funds. PASSED AND ADOPTED this 23rd day of July , 1981. Maurice A. Ferre M A Y 0 R A EST: RALPH G. ONGIE, CITY ERK PREPARED AND APPROVED BY: ?—,. & ��c ROBERT F. CLARK, ASST. CITY ATTORNEY APP VED AS 0 ORM AND CORRECTNESS: G R F. KNOX, JR., C Y ATTORNEY CITY COMMISSION ' MEETING OF JUL2 3 4y81 81 -. 6 7 I �AN} OA r y� ar AGREEMENT THIS AGREEMENT entered into this day of 1901, by and between the CITY OF MIAMI, a municipal corpora- tion of the State of Florida, hereinafter referred to as "CITY", and COCONUT GROVE CARES, INC., a non-profit corporation incorporated under the laws of the State of Florida, hereinafter referred to as "OPERATOR". WITNESSETH WHEREAS, the Commission of the City of Miami, by the adoption of a Motion dated April 23, 1981, indicated support for Coconut Grove Cares to become the operator of the Elizabeth Virrick Gymnasium for the purpose of conducting an amateur boxing program; and TIHEREAS, COCONUT GROVE CARES, INC., has conducted amateur boxing shows on a weekly basis and has stated to have the necessary resources to maintain a daily program; NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto covenant and agree as follows: 1. DESCRIPTION OF THE PREMISIES TO BE SERVICED: The CITY hereby engages the OPERATOR to operate, serve and maintain that certain real property for said .. services common known as a portion of the Elizabeth Virrick Boxing Gym, 2600 S. Bayshore Drive, as indicated in the attached Exhibit "A" of the Agreement. 2. TERM: The term of this Agreement shall be for a period of one (1) year commencing on the 1st day of July , 1981, and terminating on the 30_day of June , 1982. It is mutually agreed that the Agreement may be terminated by either the CITY or the OPERATOR as stipulated in Section 19 of this Agreement. This Agreement may be ex- 2 c , tended for an additional one year period; however,•.this }" Ottension shall be at the sole discretion of the CITY, through its City Manager. In the event that the City Manager decides not to renew the Agreement, such decision must be approved by the City Commission. 3. FUNDING: A. The CITY hereby agrees to match, dollar for dollar, the funding allocation by the OPERATOR; $ 55,000.00 CITY, $ 55.000.00QPERATOR, for a total funding with amount up to $110.000.00 ; to be utilized and distributed as indicated in the accepted budget for the program, Exhibit "B" attached here- to for reference. This amount will be the sole amount allotted to the OPERATOR for the term of the Agreement. The CITY will reserve the right to review and audit accounts according to standard City policy and correct or make changes if necessary. B. The above funding amounts shall be computed and take into account volunteer and in -kind services of both the CITY and the OPERATOR. All monies from the gate receipts of athletic events held at the Gym shall be credited towards as matching funding by the OPERATOR. In addition, the value of the volunteer services provided by OPERATOR shall be com- puted using the standard City of Miami pay scale and that amount shall be credited as matching funds. Likewise, the value of any in -kind services donated by the CITY shall be credited as part of the City's funding contribution. C. Funding on the part of the CITY is further con- tingent upon the availability of the funds from budget sources, and in the event such funds are unavailable, then the Agreement shall be subject to termination pursuant to Section 19. 4. DUTIES OF OPERATOR: I. MAINTENANCE OF PREMISES: (a) The CITY shall, at its sole cost and expense, maintain the premises as described in Paragraph 1, in accordance with standards applied for park and playground facilities in 3 the City of Miami. These responsibilities shall include, but -not be limited to, the plumbing and other pipes, all components of the heating, air conditioning, ventilating system, electrical systems, public utility systems and lines, the landscaping, windows, paint and other elements of the structure on the premises. (b) The OPERATOR shall provide, at its sole cost and expense, all custodial or janitorial services and, furnish all equipment and personnel necessary to maintain the premises primarily those described in Paragraph 1, in a condition of proper cleanliness, orderliness and state of attractive appearance at all times. (c) The OPERATOR shall not suffer or permit any / waste or deterioration of the premises or its fixtures, con- tents or equipment caused by vandalism, malicious mischief or other acts of persons under the control of the OPERATOR. These shall include, but not limited to, the plumbing and other pipes, all components of the heating, air conditioning, ventilating system, electrical systems, public utility systems and lines, the landscaping, windows, paint and other elements of structure on the premises. II. ACCESS TO PREMISES: Admission to the areas outlined under Ex- hibit "A" as part -of this Agreement shall be under the sole control of the OPERATOR with exception of common access to the areas of the restrooms. CITY employees shall have access to the common areas in which they work in the Gym after hours only upon signing in and out on an admission log. CITY employees shall be issued keys to such common areas on an as needed basis through the Department of Leisure Services and the keys shall be marked do not duplicate. III. MANAGEMENT DUTIES: (a) The OPERATOR shall use the premises described herein for Amateur Boxing, other related recre- 4 i Ational activities and other use as approved by the City Manager. it is expressly understood that there will be i no professional boxing events held on the premises by either the OPERATOR or the CITY. (b) The OPERATOR will have the right to exercise its judgment a;id expertise for complete operation and management in keeping with standards described in Paragraph (c) of this Section. The minimum hours of operation shall be Monday through Friday from Noon to 8:00 P.M. The OPERATOR shall provide the necessary personnel as may be required during the peak hours of operation. (c) The CITY shall reserve and exercise, when deemed necessary, the right to monitor and direct the OPERATOR to make changes in programs and activities of the facility under this Agreement. The OPERATOR will provide to the Director of the Department of Leisure Services, or the CITY's designee, in writing, schedules of all programs, activities, events, etc., on a monthly basis prior to initiation. In the event of a change to such schedule the OPERATOR shall notify the CITY in writing no less than 15 days from date of such change. The OPERATOR shall be notified in writing by the Department of Leisure Services, or the CITY's designee, as to any changes.to be made. The CITY will notify in writing any such changes and the reasons therefore. In the event that OPERATOR disagrees with such changes, then the dispute shall be submitted to the City Manager for final resolution. Such rights shall also include safety proce- dures, administration, staff policies, conduct, and opera- tional policies. The OPERATOR.shall be required to follow standards which closely relate to existing CITY policies for all aspects of operating the facility. v (d) Personnel to be employed.by the OPERATOR under the Agreement shall have desirable backgrounds and knowledge in the field of boxing or related recreation areas. The CITY �/ 5 shall reserve the right to review and approve all.personnel — employment criteria and OPERATOR shall utilize only those individuals in its program which meet these criteria. The CITY shall assume no responsibility for staffing other than those mentioned in Section (9) of this Agreement. (e) The OPERATOR assumes responsibility for all local, state and federal laws and regulations regarding personnel_ working under their program. 5. INDEPENDENT CONTRACTOR: The OPERATOR agrees that the OPERATOR and its em- ployees and agents shall be deemed to be an independent contractor, and not agents or employees of the CITY, and its employees and agents shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. b. ASSIGNMENT: The OPERATOR shall not make any assignment of the Agreement, nor grant any concession whatsoever during the term of this Agreement without first,having obtained the written authorization of the City Manager of the City of Miami. 7. INSURANCE: The OPERATOR shall obtain at its sole cost and ex- pense and maintain, with respect to the premises at all times during the term of this Agreement, Public Liability Insurance; Property Damage and Bodily Injury (combined single coverage); in the amount of one -million dollars ($110001000). The City of Miami must be named as an additional insured on all policies. Should any food and beverage concession be opera- tional during this term, products and completed operations U, insurance would be additionally required. A Certificate 6 of Insurance must be provided by the OPERATOR, which will re- fleet the above mentioned limits of liability, prior to the execution of this Agreement. Said Certificate shall be re- viewed and approved by the Insurance Manager of the Risk • Management Division of the Finance Department of the City of Miami. 8. FURNISHINGS, FURNITURE AND EQUIPMENT: The OPERATOR shall provide all furnishings; furniture and equipment essential to its operation at its sole cost and expense. The CITY will, however, grant use to the OPERATOR: (a) the existing boxing ring, (b) all bleachers and seating normally used for the boxing shows, and (c) equipment as identified in the inventory. Furthermore, any furnishings, furniture and equipment subsequently received from the CITY shall be subjected to and accounted for by inventory as jointly proposed and signed by the officials of Coconut Grove Cares, Inc., and the Director of the Department of Leisure Services, or the CITY'.s designee. 9. IN -KIND SERVICES BY CITY: Any request for in -kind services of the CITY by the OPERATOR, i.e. labor for moving ring, bleacher, etc. shall be projected or accrued toward the dollar match of funding as stipulated by the CITY. In that the CITY's insurance regulations strictly prohibit use of CITY vehicles and motorize equipment by a third party, the OPERATOR thereby agrees that at no time will any members of its corporation or program personnel utilize any CITY vehicles or motorized equipment for whatever reasons. Where CITY resources make it feasible and upon reasonable advance written request by the OPERATOR, the CITY shall make available a van and City employee as driver to transport individuals to bi-weekly boxing events. 10. SUPERSEDING CITY ACTIVITIES: (a) The CITY shall reserve the right for use of the facility as described in Section 1 of the Agreement for 7 i Various activities through the term of the Agreement and shall, in writing, notify the OPERATOR of its intent of use fifteen 1. (15) days prior to said activity. The CITY activity shall not supersede any activity that may have been scheduled by the OPERATOR. (b) The CITY shall also reserve the right to issue permits for said facility pursuant to policies established under Section 30 of the Code of the City of Miami after noti- fication with the same fifteen (15) day notice in effect. No permit shall supersede a prior planned use of the facility by OPERATOR. , (c) In addition, it is mutually understood that the OPERATOR shall not engage in any other activities other than for the purposes as described in Section 4, Paragraph III (a) of the Agreement. To this regard, it is expressly understood that no permits for the facility as mentioned in the above paragraph (b) shall be issued by the OPERATOR; however, should the OPERATOR desire such permit, it may follow the same said procedures under Section 30 of the Code for the desired use of the facility. 11. CONDITION SUBSEQUENT: (a) In that the CITY's present use of the property has been deeded to the CITY by the United States as monitored by the General Services Administration (GSA), the OPERATOR hereby agrees to abide by any subsequent condition that may be mandated by the GSA for use of the property. (b) Should any renovation, on the CITY's behalf, i.e. completion of Capital Improvement Program - Elizabeth Virrick Gym Renovation - Phase II, be conducted during the term of its Agreement, the OPERATOR agrees to alter activi- ties to accommodate the renovation of facility. The CITY shall give thirty (30) days advance notice to the OPERATOR of such renovation. 12. ALTERATIONS: (a) OPERATOR shall have the right to make changes 8 And alterations to the premises as it shall deem necessary for its purposes, provided'the City Manager, or the CITY's designee, prior to the commencement of any work, is notified of such changes in writing, and plans thereof submitted to him for approval. The City Manager, or the CITY's designee, must authorize any changes or alterations to the premises in writing. All work shall be done in a good and workmanlike manner, and the required permits therefor shall be obtained from the CITY. (b) All permanent alterations, improvements, additions or partitions made or installed by OPERATOR to the premises described in Paragraph 1, and in conformance with Paragraph (a) above, shall become the property of the CITY upon the expiration of this Agreement. All such alterations or improvements as set forth in this provision shall be made at the OPERATOR's sole expense. 13. UTILITIES: The CITY shall furnish and pay for all utilities used at the premises in connection with the purposes of the Agreement, excluding long distance telephone service. 14. HOLD HARMLESS PROVISION: The OPERATOR shall indemnify, defend, and save harmless the CITY against any and all claims, suits, actions, damages or causes of action arising during the term of the Agreement for any personal injury, loss of life or damage to property sustained on or about the subject premises by reason of, or as a result of the OPERATOR's use, activities and operation thereon, and due to negligence on the part of the OPERATOR and/or its agents, employees, assignees or anyone directed by the OPERATOR to perform any such use, activi— ties or operations, from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim and the investigation thereof. 15. RISK OF LOSS: The OPERATOR shall indemnify, defend, and save 9 harmless the CITY against all risks of loss, injury or damages of any kind or nature whatsoever to property now or • hereafter placed on or within said premises, and all risks of loss, injury or damage of any kind or nature whatsoever to the contents of such building or improvements made by the OPERATOR to the structure or structures, or to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon said premises, whether belonging to the OPERATOR or others, where said loss, injury or damage occurs as a result of the OPERATOR'S use, activities and opera- tion thereon, and due to negligence on the part of the OPERATOR and/or its agents, employees, assignees or anyone directed by the OPERATOR to perform any such use, activities or operations and to keep harmless the CITY from all claims and suits growing out of any such loss, injury or damages. 16. ADVERTISING: a The OPERATOR shall not permit any signs or adver- tising matter.(other than small directional or informational type signs) to be placed either in the interior or upon the exterior of the premises or grounds without having first obtained the approval of the City Manager of the CITY, or -the CITY's designee. The CITY reserves the right to erect or place upon the premises an appropriate sign indicating its contribution and/or support of.the premises. 17. RIGHT OF ENTRY UPON PREMISES: The OPERATOR agrees to permit the CITY, by its Manager's designated personnel, to enter upon the premises at any time for any purpose the City Manager of the CITY or the CITY's designee deems necessary or incidental to, or connected with the performance of CITY's•duties and obligations here- under, or in the exercise of its right of function. In addi- tion, access through the facility to/and from adjacent CITY offices shall not be withheld by the OPERATOR for any CITY 10 N x+ emploYee or patron. 18. LAWS APPLICABLEs The OPERATOR and the CITY enters into the Agreement recognizing that all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation of the premises are made a part of the Agreement, and OPERATOR and CITY agrees to abide thereby. 19. TERMINATION: A. It is agreed that this Agreement may be can- celled by OPERATOR upon thirty (30) day§ written notice to the City Manager of the CITY. Any fund balances due to the CITY under the terms of this Agreement shall be due and receivable on the day of cancellation for the period to/ and through the date of cancellation. B. The City Manager reserves the right to cancel, terminate and declare this Agreement to be null and void at his sole option in the event OPERATOR may cease to exist, OPERATOR fails,to comply with any of the terms and conditions of this Agreement, the premises are needed by CITY for other municipal purposes, or for purposes deemed to be in the CITY's best interest. In the event that the OPERATOR dis- agrees with such decision of the City Manager, the OPERATOR shall have the right to appear before the City Commission at a public hearing and have such determination reviewed by the City Commission prior to the effective date of termination. Notice of such cancellation shall be given at least thirty (30) days prior to effective date of termination, in writing, and mailed to the COCONUT GROVE CARES, INC., 2825 Oak Avenue, Suites 15-16, Coconut Grove, Florida 33133. 20. WRITTEN NOTICES: The OPERATOR agrees that all notices under this Agreement to be given to OPERATOR must be in writing and shall be deemed served when delivered or mailed return receipt requested to Coconut Grove Cares, Inc., 2825 Oak Avenue, i l •� it further agrees that all notices to be given to the CITY must f be in writing and shall be deemed served when delivered or mailed return receipt requested to the Office of the City Manager, City Hall, Dinner Key, Miami, Florida. 21. NON-DISCRIMINATION: The OPERATOR agrees that there shall be no dis- crimination as to race, sex, color, creed or national origin in connection with any operations under the privileges granted by this Agreement. 22. AMENDMENTS: The CITY and OPERATOR may, at their discretion, amend this Agreement at any time to conform with any con- tingencies which may require such amendment. Amendments, if required, shall be incorporated in writing to this Agreement upon review, approval and execution by the parties hereto. IN WITNESS WHEREOF, the said parties hereto have, through their proper corporate officials, executed this Agreement the day and year first written above. . Qtalph Ongie City Clerk ATTEST: &"4, Stcretark THE CITY OF MIA I, unicipal Corporati n By • HoVard V. GarW City Manager COCONUT GROVE CARES, INC. f' Byr 1� CL Executive Director APPROVED AS TO FORM AND CORRECTNESSs i GEORGE F. KNOXV R. CITY ATTORNEY 12 ---- -- --- - Y TO ward V, Vnry City Manager FROM Albert H. Hoaw rd, Di�or Department of Leisure Services 9 bAtr_ SUBJECT REFERENCES: ENCLOSURES July 8, 1981 proposed Resolution Coconut Grove Cares, Inc, Management Agreement Y y 00 4''S It is recommended that the City Manager be authorized to enter into an agreement with �-- - Coconut Grove Cares, Inc, for the operation of the Elizabeth Virrick Gymnasium, for the purpose of conducting an amateur boxing program, in accordance with the terms and --: conditions contained in said agreement, as C ` per the attached resolution. • cn =. on April 23, 1981, the City Commission indicated support of Mrs. Elizabeth Virrick's request for Coconut Grove Cares, Inc., to operate the Elizabeth Virrick Gym. The Commission further authorized the City Manager, via a motion passed June 8, 1981, to negotiate and enter into agreement with Coconut Grove Cares, Inc., for said operation, subject to subsequent formal Commis- sion ratification. The agreement provides $55,000 of City funds in which Coconut Grove Cares must match and othet * clauses as follows: 1) A one year term with extension for an additional year period 2) Duties of the operator (management and maintenance) 3) Insurance requirements A) Hold harmless (risk of loss) 5) Cancellation It is, therefore, the recommendation of the Department of Leisure Services to formalize previous Commission action authorizing the Coconut Grove Cares, Inc. management agreement by ratifying the attached resolution. AHH/KDH/mf Encl. WSIL-670 -Y