HomeMy WebLinkAboutExhibitCommunity Space Lease Agreement
This Community Space Lease Agreement ("Lease"), made this day of
20, is entered into by and between Miami -Dade County, a political subdivision of the State of Florida
(hereinafter referred to as "County") through its Public Housing and Community Development (PHCD)
department (hereinafter referred to as "Landlord"), located at 701 N.W. 1st Court 16t'' Floor, Miami, FL
33136 and City of Miami, for its Homeless Assistance Program, (hereinafter referred to as "Tenant")
whose address is
WHEREAS, the Home Rule Charter authorizes Miami f ade County to provide for the uniform
health and welfare of the residents throughout the County; ,
WHEREAS, the County recognizes the imp r ce of providgoutreach services to homeless
individuals living on the streets, parks and other place not meant for human. habitation; and
WHEREAS, the Tenant is currently fun
Homeless Trust, to provide outreach services to indv'du;ls
unincorporated Miami -Dade County ail.all other cities e
hour homeless helpline to accept requesa,for 'ervices; and
WHEREAS, the Tenant, which is a'goyernrn
and the homeless continuum; care system, 'aid has
and
WHEREAS, the
services and the Tenant/Provi
by the County, throughits Miami -Dade County
amities livirithe
sh P' City of Miami, g�i.,
iami Beach, to in hide operating a 24-
,v tity, p' , les services of value to the County
�strated an ability to provide these services;
is dOv uous of ei i ng the efficient provision of these much -needed
4s desi'ro s;Qf providing such services; and
W» ' AS, pursuant to
Street, Mrnr iz;_,Florida to the, 'enant sq
including manq'ging the homelbs
outreach and ho'elzess helpline ca:
-13, the dQutaty agreed to lease its space located at 450 S.W. 5th
at Tenant° Aan coordinate these homeless outreach services,
elplin e;ll center, through the co -location of all its administrative,
cer stai~at one site.
NOW, THEROFORE, in c;sideration of the mutual covenants record herein, the parties hereto
agree as follows:
I. PREMISES. The Laridldrd shall lease to Tenant the premises located at 450 S.W. 5th Street,
Miami, Florida (hereinafter "Premises") whose legal description is City of Miami South PB B-
41, Lots 4 to 8 INC BLK 36.
II. SCOPE OF SERVICES. While the Tenant is in possession of the Premises described in
paragraph I of this Agreement, the Tenant agrees to use the Premises for administrative offices to
manage the coordination of the services specified in the scope of services of any and all
Agreements for Services in effect with Miami -Dade County through the Miami -Dade County
Homeless Trust for homeless outreach and assessment in the City of Miami, Miami -Dade
County North and Miami -Dade County South. The Premises shall be used solely to provide
office space for the homeless helpline call center, administrative staff and outreach workers. The
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jte g-.3d
Premises shall not be used to provide direct services to homeless individuals or families, and no
walls -in services to homeless persons shall be permitted on the premises.
III. AUTHORIZED AGENT ON. PREMISES. Tenant shall designate a responsible individual on
site that is authorized to communicate with and receive communication from the Landlord's site
manager in order to effectuate a cooperative and efficient use of the Premises by the Tenant.
IV. EFFECTIVE TERM, RM. Both parties agree that the effective term of this Agreement shall begin
August 1, 2014 for a period of three (3) years. This Lease may be renewed for five (5) additional
one (1) year terms upon the sole discretion of the County.
V. RENT PAYABLE. The Tenant shall pay rent in the amount of $12.00 per year, payable at the
time of execution of this Lease,
VI. USE OF PREMISES. Tenant shall use the Premises solely to provide offices for
administrative, outreach and homeless helpline call center staff necessary to provide the services
described in the scope of services of any Agreements for Services between the Tenant and
Miami -Dade County, through the Miami -Dade County Homeless Trust, and only for such time
that the Tenant has an agreement with Miami -Dade County, through its Homeless Trust, for such
services. Tenant shall be entitled to use the Premises 24 hours a day, seven (7) days week.
Tenant is. responsible for securing its own personal property and agrees to hold Miami -Dade
County harmless in the event of loss, theft, or damage.
VII. CONDITIONS OF PREMISES. The Premises are provided in an "As Is" condition, and all
improvements necessary for occupancy shall be the responsibility of the Tenant, including but
not limited to, utilities, data, telecommunications, and modifications to meet local, state or
federal occupancy requirements. By entering into this Lease, the Tenant agrees that the Premises
will be returned to the Landlord in the same condition as when received, subject to normal wear
and use and with any improvements to the Premises approved by the Landlord.
The Landlord has the right to inspect the Premises at any time to assure that all terms of the
Lease are being met. Tenant must immediately take corrective actions as a result of the
Landlord's inspection findings.
VIII. PARKING. Parking spaces for the Tenant are provided on -site. PHCD will retain access to
eight (8) parking spaces.
IX. UTILITIES. Tenant is responsible for and shall pay for all costs of utilities necessary for the
operation of the Premises. Tenant shall pay the Landlord for its utility consumption in proportion
to the space it uses, as determined by the Landlord.
X. MAINTENANCE. Tenant shall be responsible for maintaining the Premises. All routine
maintenance and minor repairs shall be performed at the Tenant's expense. If the Landlord
performs routine maintenance and minor repairs on behalf of the Tenant, the Landlord shall
charge the Tenant for time and materials used. Routine maintenance and minor repairs include
but are not limited to: plastering and interior painting; electrical work, such as installing or
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changing lamps, bulbs and fuses, replacing outlet covers and other work that does not require
rewiring or working inside the electrical box; minor plumbing repairs such as changing a faucet;
repairing air conditioners; changing air conditioners filters; minor line blockages; replacing
kitchen cabinets and counter tops.
The Landlord shall be responsible for major repairs. Major repairs include but are not limited to:
replacement of roof or central air conditioner units; structural repairs; interior electrical wiring;
electrical panel replacements and repairs; major plumbing repairs; fire control systems; and
exterior painting.
The Tenant shall not make renovations or install any fixtures, equipment, fencing, or locks
without prior written approval of the Landlord. All fixtures installed by Tenant shall become the
property of Landlord upon termination of the lease agreement.
The Tenant shall be responsible for reimbursement to the Landlord for any and all losses or
damages to property and/or equipment resulting from the operations of the Tenant.
The Tenant, at its expense, agrees to maintain and keep in good repair, condition, and
appearance, during the term of this Lease or any extension or renewal thereof, all current and
future parking areas, pathways, and/or walkways adjacent to or leading to or from the Premises,
any structure and/or improvements which may be constructed on the Premises, and any and all
sidewalks surrounding the Premises, free from debris.
Tenant shall maintain and operate the Premises in a clean and sanitary condition and return same
to Landlord at the expiration or termination of this lease.
Tenant shall be responsible for and shall repair any damage caused to the demised premises as a
result of Tenant or Tenant's agents, employees, invitees, or visitors' use of the demised premises,
ordinary wear and tear excepted. Landlord shall notify Tenant after discovering any damage
which Tenant is responsible forrepairing and Tenant shall make the necessary repairs promptly
after said notice.
If the Tenant fails to maintain the premises and effect repairs, the Landlord shall notify the
Tenant of the deficiency. If the Tenant fails to effect repairs and the Landlord causes the repair,
the Tenant is responsible for payment for such repairs within thirty days of presentation of an
invoice. Failure to effect repairs or promptly reimburse shall constitute a violation of the
Agreement. Notwithstanding the above, any repairs necessary to secure the welfare and safety of
users of the Premises shall be completed immediately.
XL KEYS. Locks may be changed with the Landlord's permission at the Tenant's expense, if the
Landlord's site manager is immediately furnished a set of keys.
XII. NO LIABILITY FOR PERSONAL PROPERTY. All personal property placed or moved in
the Premises above described shall be at the risk of Tenant or the owner thereof. Landlord shall
not be liable to Tenant for any damage to said personal property unless caused by or due to
negligence of Landlord, Landlord's agents or employees, subject to all limitations of Florida
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Statutes, Section 768.28.
XIII. SIGNAGE. All signage must be in keeping with the nature of the property, all applicable
building and zoning laws, and approved in writing by Landlord prior to installation.
XIV. JANITORIAL/CUSTODIAL SERVICES. The Tenant shall be responsible for all janitorial
and custodial services including cleaning supplies. In the event that the Tenant requests
janitorial. and/or custodial services from Landlord, services will be provided for a fee to be
negotiated between. Landlord and Tenant. The negotiated janitorial/custodial services and fee
shall be reduced to writing and attached to this Agreement. as Exhibit A.
XV. TRASH AND GARBAGE DISPOSAL; PEST CONTROL. Tenant shall make .all necessary
arrangements, including billing, with local trash and garbage disposal companies. The Tenant
may also pay Landlord for this service. The Tenant shall make all necessary arrangements,
including billing as applicable, for pest control/extermination services. The Tenant may also pay
Landlord for this service. The negotiated pest control/extermination services and fee shall be
reduced to writing and attached to this Agreement as Exhibit B.
Tenant shall, at its expense, (a) maintain the premises in a clean, orderly and safe condition and
free of rodents, vermin and other pests; (b) keep any garbage, trash, rubbish, and/or other refuse
in safe containers that do not encourage the existence of vermin; (c) cause to have such garbage,
trash, rubbish and refuse removed on a daily, weekly, or as needed basis to ensure cleanliness;
(d) comply with all laws, ordinances, rules and regulations of governmental authorities regarding
the removal of garbage, trash, rubbish and refuse from the premises; (e) prevent any
objectionable odors to emanate or to be dispelled from the premises, and (f) conduct its operation
in all respects in a dignified manner in accordance with the high standards of other similar
governmental organizations.
XVI. TELEPHONE AND ALARM. Tenant shall be responsible for all costs associated with the
telephone and alarm services for the Premises. Tenant shall be responsible for any false alarm
excess charges exceeding the limit allowed by the City of Miami which are caused as a result of
Tenant/Provider's negligence.
XVII. INDEMNIFICATION BY TENANT.
The Tenant shall indemnify and hold harmless Landlord, and its officers, employees, agents,
servants, agencies and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which Landlord and its officers, employees, agents,
servants, agencies or instrumentalities may incur as a result of any and all claims, demands, suits,
causes of action or proceedings of any kind or nature arising out of, relating to or resulting from
the performance of the Lease by the Tenant or the Tenant's officers, employees, agents, servants,
partners, principals or subcontractors. The Tenant shall pay all claims and losses of any kind in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of Landlord, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section 768.28 Florida
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Statutes, subject to the provisions of that statute whereby the Tenant shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person which exceeds
the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgments paid by the Tenant arising out of the same incident or occurrence,
exceed the sum of $300,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the negligence of the Tenant
or the Tenant's officers, employees, servants, agents, partners, principals or subcontractors.
XVIII. INSURANCE.
The parties agree and acknowledge that Tenant is a self -insured governmental entity.
XIX. PROOF OF LICENSURE AND CERTIFICATIONS. If the Tenant is required by the State
of Florida or Miami -Dade County to be licensed or certified to provide the services or operate
the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy
of all required current licenses or certificates. Examples of services or operations requiring such
licensure or certification include but are not limited to child care, day care, nursing homes, and
boarding homes. Failure to provide the licenses or certificates within sixty (60) days of
execution of this Agreement may result in termination of this Agreement.
A. Background Screening: The Tenant agrees to comply with all applicable laws,
regulations, ordinances and resolutions regarding background screening of
employees, volunteers and subcontractors. Tenant's failure to comply with any
applicable. laws, regulations, ordinances and resolutions regarding background
screening of employees, volunteers and subcontractors is grounds for a material
breach and termination of this contract at the sole discretion of the County.
The Tenant agrees to comply with all applicable laws (including but not limited to
Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may
be amended form time to time), regulations, ordinances and resolutions, regarding
background screening of those who may work or volunteer with vulnerable persons,
as defined by section 435.02, Florida Statutes, as may be amended from time to time.
In the event criminal background screening is required by law, the State of Florida
and/or the County, the Tenant will permit only employees, volunteers and
subcontractors with a satisfactory national criminal background check through an
appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida
Department of Law Enforcement or Federal Bureau of Investigation) to work in direct
contact with vulnerable persons.
The Tenant agrees to ensure that employees, volunteers and subcontracted personnel
who work with vulnerable persons satisfactorily complete and pass. Level. 2
background screening before working with vulnerable persons. Provider shall furnish
the County with proof that employees, volunteers and subcontracted personnel, who
work or volunteer with vulnerable persons, satisfactorily passed Level 2 background
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screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to
time.
If the Tenant fails to furnish to the County proof that an employee, volunteer or
subcontractor's Level 2 background screening was satisfactorily passed and
completed prior to that employee, volunteer or subcontractor working or volunteering
with a vulnerable person or vulnerable persons, this Agreement may be subject to
termination at the sole discretion of the County.
XX. CONFLICT OF INTEREST. The Tenant agrees to abide by and be governed by Miami -Dade
County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of
the Code of Miami -Dade County), as amended, which is incorporated herein by reference as it
fully set forth herein, in connection with its contract obligations hereunder.
XXI. CIVIL RIGHTS. The Tenant agrees to abide by Chapter 11A, of the Code of Miami -Dade
County ("County Code"), as amended, which prohibits discrimination in employment, housing,
and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which
prohibits discrimination in employment, housing, and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in
employment and public housing accommodations; Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the
American with Disability Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in
employment and accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Agreement. It is further understood that
the Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transits Act, 49 U.S.C. § 1612, and the Fair
Housing Act, 42 U.S.C. § 3601 et seq. If the Tenant or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further business
with the Tenant. Any contract entered into based upon a false affidavit shall be voidable by the
County. If the Tenant violates any of the Acts during the term of any contract the Tenant has
with the County, such contract shall be voidable by the County, even if the Tenant was not in
violation at the time it submitted its affidavit.
The Tenant certifies that it is in compliance with the Domestic Violence Leave, codified as §
11 A-60 t. seq. of the Miami -Dade County Code, which requires an employer, who in the regular
course of business has fifty (50) or more employees working in Miami -Dade County for each
working day during each of twenty (20) or more calendar work weeks to provide domestic
violence leave to its employees. Failure to comply with this local law may be grounds for
voiding or terminating this Agreement or for commencement of debarment proceedings against
the Provider.
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XX. NOTICES. It is understood and agreed between the parties that written notice addressed to the
Landlord and mailed or delivered to the address below and written notice addressed to the
Tenant and mailed or delivered to the address below shall constitute sufficient notice to either
party.
Landlord
Public Housing and Community Development (PHCD)
701 NW 1st Court, 16th Floor, Miami, FL 33136
Tenant
City of Miami, Office of Homeless Programs
XXI. AUTONOMY. Both parties agree that this Lease recognizes the autonomy of each of the parties
and does not stipulate or imply affiliation between the contracting parties. It is expressly understood and
intended that the Tenant is only a tenant and is not an agent or instrumentality of the County.
XXII. BREACH: REMEDIES
(A) Breach. A breach by the Tenant shall have occurred under this Agreement if: (1) the
Tenant fails to adequately provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Lease; (2) the Tenant no longer has an
agreement with Miami -Dade County, through its Homeless Trust, to provide mobile
outreach services to homeless persons; (3) the Tenant does not furnish proof of licensure
and certification required by this Agreement; (4) the Tenant uses the Premises to provide
direct services to homeless persons on site; (5) the Tenant fails to properly maintain the
Premises, make repairs, pay utilities, obtain garbage collection, complete extermination,
and or perform other general upkeep of the Premises; (6) the Tenant discriminates under
any of the laws outlined in Section VII of this Agreement; (7) the Tenant, attempts to
meet its obligations under this Agreement through fraud, misrepresentation or material
misstatement; or (8) the Tenant fails to fulfill in a timely and proper manner any and all
of its obligations, covenants, agreements and stipulations in this Agreement.
Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
Agreement.
(B) Remedies. Landlord and Tenant may terminate this Lease and may pursue any and all
remedies available under applicable law for a breach under the Lease. The County may
terminate or cancel any other contracts which such individual or entity has with the
County and that such individual or entity shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's fees. The
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Landlord may also seek to evict Tenant by filing an action in a court of appropriate
jurisdiction.
If, for any reason, the Tenant should attempt to meet its obligations under this Agreement
through fraud, misrepresentation or material misstatement, the Landlord shall, whenever
practicable terminate this Agreement by giving written notice to the provider of such
termination and specifying the effective date thereof at least five days before the effective
date of such termination. Any individual or entity who attempts to meet its contractual
obligations with the county through fraud, misrepresentation or material misstatement
may be debarred from county contracting for up to five (5) years.
(C) Damages Sustained. Notwithstanding the above, the Tenant shall not be relieved of
liability to the Landlord for damages sustained by the Landlord by virtue of any breach of
the Agreement. The Landlord may also pursue any remedies available at law or equity to
compensate for any damages sustained by the breach. The Tenant shall be responsible
for all direct and indirect cost associated with such action, including attorney's fees.
(D) Destruction of Premises. In the event the Premises should be destroyed or so damaged
by fire, windstorm, or other casualty to the extent that the demised premises are rendered
unlivable or unfit for the purpose of Tenant, either party may cancel this Agreement by
the giving of thirty (30) days' prior written notice to the other. If the Premises are
partially damaged due to Tenant's negligence, but not rendered unusable for the purposes
of this Agreement, the same shall with due diligence be repaired by Tenant from
proceeds of the insurance coverage and/or at its own cost and expense. If the •damage
shall be so extensive as to render such Premises unusable for the purposes intended, but
capable of being repaired within thirty (30) days, the damage shall be repaired with due
diligence by Tenant from the proceeds of the insurance coverage policy and/or at its own
cost and expense. In the event that said demised premises are completely destroyed due
to Tenant's negligence, Tenant shall repair and reconstruct the Premises so that they .
equal the condition of the Premises on the date possession was given to Tenant. In lieu of
reconstructing, Tenant shall reimburse the Landlord all expenses incurred by Landlord in
restoring the demised premises to their original condition. The election of remedies shall
be at the sole discretion of Landlord.
XXIII. TERMINATION BY EITHER PARTY.
(A) Termination by either party. Both parties agree that this Agreement may be terminated
by either party for convenience by written notice to the other party of such intent to
terminate at least one hundred eighty (180) days prior to the effective date of such
termination. The director of the Public Housing and Community Development is
authorized to terminate this Agreement on behalf of the Landlord.
(B) Termination by landlord. Pursuant to Miami -Dade County Board of County
Commissioners Resolution No. R-461-13, if the Landlord determines in its sole
discretion that the Tenant has not maintained the public use of the Premises described in
this Agreement, or if the Tenant no longer has an Agreement with Miami -Dade County,
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through its Homeless Trust, to provide mobile outreach services to homeless persons, the
Landlord may unilaterally terminate this Agreement by providing written notice at least
five (5) days prior to the effective date of such termination.
XIV. MISCELLANEOUS.
(A) Sublease. The parties agree that no assignments or sublease, will be made or let in
connection with this Agreement without the prior written approval of the Landlord,
which shall not be unreasonably withheld, and that all sub lessors or assignees shall be
governed by the terms and conditions of this Agreement. No occupancy of the Premises
by staff other than City of Miami Homeless Assistance Program's administrative,
outreach or homeless helpline call center staff, shall be permitted without prior written
approval of the Landlord.
(B) Agreement Guidelines, The Tenant agrees to comply with all applicable Federal, State
and County laws, rules and regulations, including but not limited to the Landlord/Tenant
Act, which are incorporated herein by reference or fully set forth herein.
(C) Modifications. Any alterations, variations., modifications, extensions or waivers of
provisions of this Agreement including but not limited to rent payable and effective term
shall only be valid when they have been reduced to writing, duly approved and signed by
both parties and attached to the original of this Agreement.
()
Inspector General. The County has established the Office of Inspector General which is
empowered to perform random audits on all County contracts throughout the duration of
each contract. Grant recipients are exempt from paying the cost of the audit, which is
normally 1/4 of 1 % of the total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public Health Trust programs, contracts, transactions,
accounts, records and programs,. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor
existing projects and programs. Monitoring of an existing project or program may
include a report concerning whether the project is on time, within budget and in
compliance with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed charge orders to the Contract. The Inspector General is empowered to retain
the services of Independent Private Sector Inspectors General (IPSIG) to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement process including but not limited to project design, bid specifications,
proposal submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with contract
specifications and to detect fraud and corruption.
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Upon ten (10) days prior written notice to the Provider from the Inspector General or
IPSIG retained by the Inspector General, the Provider shall make all requested records
and documents available to the Inspector General or. IPSIG for inspection and copying.
The Inspector General and IPSIG shall have the right to inspect and copy all documents
and records in the Provider's possession, 'custody or control which, in the Inspector
General or IPSIG's sole judgment, pertain to performance of the contract, including, but
not limited to original estimate files, worksheets, proposals and agreements from and
with successful and unsuccessful subcontractors and suppliers, all project -related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back -charge documents, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentationfor the aforesaid
documents and records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Provider in
connection with the performance of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit
or investigative activities. The provisions of this section are neither intended nor shall
they be construed to impose any liability on the County by the Provider or third parties.
Notwithstanding the provisions set forth herein, the County has the right to retain the
services of an Independent Private Sector Inspector General (IPSIG), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider
shall make available, to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement or any subsequent award for inspection and
copying. The County will be responsible for the payment of these IPSIG services, and
under no circumstance shall the Provider's cost/price for this Agreement, be inclusive of
any charges relating to these IPSIG services, The terms of this provision herein, apply to
the Provider, its officers, agents, employees and assignees. Nothing contained in this
provision shall impair any independent right of the County to conduct, audit or
investigate the operations, activities and performance of the Provider in connection with
this Agreement or any related contract. The terms of this provision are neither intended
nor shall they be construed to impose any liability on the County by the Provider or third
party.
(E) Totality of Agreement/Severability of Provisions. This thirteen (13) page Agreement
with its attachments as referenced below contain all the terms and conditions agreed upon
by the parties:
Attachment A: Agreement Program Narrative (Scope of Services)
Attachment B: Miami -Dade County Affidavits
Attachment C: State Public Entities Crime Affidavit
Exhibit A: Janitorial Services (if applicable)
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Exhibit 13: Pest Control/Extermination Services (if applicable)
No other Agreement, oral or otherwise, regarding the subject matter of this Lease shall be
deemed to exist or bind any of the parties hereto. If any provision of this Lease is held
invalid or void, the remainder of this Lease shall not be affected thereby if such
remainder would then continue to conform to the terms and requirements of applicable
law.
(F) Except as otherwise enumerated herein, no amendment to this Lease shall be binding on
either party unless in writing and signed by both parties, provided, however, that the
County may effect amendments to this Agreement without the written consent of the
Tenant, to conform this Agreement to changes in the laws, directives, guidelines, and
objectives of County, State and Federal governments.
(G) Nothing herein shall alter, affect, modify, change or extend any other agreement between
the Tenant and the County, or any department of the County unless specifically stated
herein.
(H) This Agreement has no intended or unintended third party beneficiaries.
(I) This Lease shall be governed under the laws of the State of Florida as to all matters,
including but not limited to matters of validity, construction, effect and performance.
Venue for any litigation between parties regarding this Lease shall lie only instate and
federal court in Miami -Dade County, Florida. This Agreement shall not be construed
against the drafter of this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their respective
and duly authorized officers as of the day and year first above written.
(SEAL)
ATTEST:
AGENCY'S NAME
By: By:
(Signature of Authorized Representative) (Signature of Authorized Representative)
Type or Print Name Type or Print Name
Witnesses:
By: By:
(Signature) (Signature)
Type or Print Name Type or Print Name
ATTEST:
HARVEY RUVIN, CLERK MIAMI-DADE COUNTY, FLORIDA
By: By:
DEPUTY CLERK CARLOS A. GIMENEZ
MAYOR
Approved as to form and legal sufficiency:
By:
Assistant County Attorney
M;1I-I1LDA M. FERNANDEZ\Outreach\LeaseAgreement - City of Miami FINAL revisions 6 19 14.doe
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Attachment A
Community Lease Agreement Scope of Services
The City of Miami Homeless Assistance Program (MHAP) agrees to use the Premises for administrative
offices to manage the coordination of the services specified. in the scope of services of any and all
Agreements for Services in effect with Miami -Dade County through the Miami -Dade County Homeless
Trust for homeless outreach and assessment in the City of Miami, Miami -Dade County North and Miami -
Dade County South. The Premises shall be used solely to provide office space for the homeless helpline
call center, administrative staff and outreach workers. The Premises shall not be used to provide direct
services to homeless individuals or families, and no walk-in services to homeless persons shall be
permitted on the premises.
MHAP shall be entitled to use the Premises 24 hours a day, seven (7) days week. MHAP is responsible
for securing its own personal property and agrees to hold Miami -Dade County harmless in the event of
loss, theft, or damage.
Scope of Services:
The City of Miami Homeless Assistance Program is the outreach component of the Miami Dade County
Homeless Trust to provide outreach, assessment, referral, transportation and placements into the MDC
homeless Continuum of Care system for homeless individuals and families in the community.
The main objective of the City of Miami Homeless Assistance Program is to identify, engage and assess
homeless individuals and families in order to provide appropriate housing whenever possible. To
facilitate employability skills, a work history, and instill life management responsibilities to our
employees, thereby strengthening their ties to the community with the final objective of consistently
reduce the homeless individuals and families in the City of Miami and Miami -Dade County
MIAMI-DADS COUNTY REQUIRED AFFIDAVITS.
The contracting individual or entity (governmental or atomise) shall indicate by an "X" all affidavits that pertain to
this ooxxtract and Shall indicate by an "N/A.." all affidavits that do notpert'aiu to this oontraot, AB blank spaces must be filled,
• The 11 AIVIIDA.DE COUNTY OWNERSI•Ifp DISCLOSURE A 'FMA'S>Ir';COT:1NTY
E1i'II'LOYMI!INT DISCLOSURE A riDAYLT; I1d1A1W-DADS CRIMINAL RECORD AFFIDAVIT; DISABILITY
NONDISCRIMINATION AFFIDAVIT; and the PRO, + CT.FItESf; S 'k.,RT AFFIDAVIT shall not pertain to oontraats
with the United States government or any of its departments or agencies thereof, the State or any political subdivision or
agency thereof or any Municipality of this Stag. Tho MIAMI. DADDE FAMILY LEAVE AFFIDAVIT and MIAN[IDA.IDI1
DOMESTIC LEAVE AND REPORTING AFEIDAVIT shall not pertain to oontraots with the United. States or any of its
departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to
mmmuriioipali.ttes of the State of plorkla, All other contraoting entities or individuals shall read oarefully eaoh affidavit to
determine whetSier or not it pertains to this oontraot.
I, Daniel ,J . Alfonso , being frrst'duly sworn state;
The full legal name and business address of the person(s) or entity eontraeting or transacting business with Mianri,Dade
County are (.Post.Office addresses aro not aooaptable):
59'M 6000375
;Federal Employer Identification Number (If none, Social Snoiarity)
City •9f Miami
N—Eline, of Entity, Indlviclual(s), Partners; or Co—
rporation,
444 SW .2r}ci Ave Miami Fx. 33130
Doirig'l3usiiess As (if same as above, leave blank) ,
•
Street ,Address City.
Slate Zip Code
x.,. ,lvatMtl-DAINt COU kTtl? ownIiS ire DISCLOSURE AFFIDAVIT (Sec. 2••$.1 of the County Code)
If the omit -mot orbusiness transaction is with a ooipor°atic' i,'the.full legal name and business address shall be provided for each
olfloer and director and each stockholder who holds directly or indrootty five percent (S°%°) or ruore oftfie oorporation's stock,
If the contract or business transaction is with a partnership, the foregoing information shallbe provided.for eaola-pattnar, .If the --
contract or business transaction is with a iiust, the full legal inure and Address shall be provided foreach trustee read each
beneficiary. 'fire foregoing requirements shall notpertaiia to contracts with publicly traded corporations or to contracts with the
United States er,arry department or agency thereof, the State or anypolitleal subdivision or agency thereof or any municipality
of this'State. All such names and addresses are (Post Office addresses tire not acceptable):
Pull Legal Name .Address Ownership
The full legal names and business address of any other individual (other than subcontractors, material amen, suppliers, Moran,
or lenders) who have, or will have, any interest (legal, ctluitrjble beneficial or otherwise) in the contract or business .transaction
with Dade County are (Post Office addresses are'not acceptable): ,
Any person who willfully fails to disclose the information required herein,, or who knowingly discloses' false information in this
regard., shall he punished by a fine ,of up to five hundred dollars (S500.00) or imprisonment in .the County jail far up to sixty
(60) days or both,
SESES- ?t�u m amM--t ray cr mmesvamMtueu iHr ' Ti litIM £�rE°. 'r?ALL Loun,,a x wmagrLou uatwoolowl.
ATTACHMENT d,"Miarni-Dade County Required Affldavfts"
•,tin 1 "
MIAM1-DADE COUNTY REQUIRED AFFIDAVITS
2. N/AMIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance 90-133,
Amending sec. 2.8-1; Subseciion (d)(2) of the County Code).
Except where precluded by federal oi State laws or regulations, each contract or business transaction oi7renewal thereof which
involves the expenditure often thousand. dollars ($10,000) or more shall require the entity contracting or• transacting business
to disclose the foltowin g nfotrnr, atiOn:The foregoing disclosure requirements ;dal -lot -apply to'brdfitracts‘,yith the United States
a
or any ep nenior agency1; t,:. ereofg.„the,State,or:.a.,ny polinica,tsubdiyisiOnor 41fey thereof bi ar.kii:Au.1iiciiia.lii-Sf 6f this 8itc.',
a. . Doe S yobefirnhaveiColl,e,vp
ii
ii i4rgaintng agree-Mei-It With its.erri 1 ' 8 9'
'':,,,,, .-,. ,,..; , . ? , ., ,,.v.' , -: • .: - . 1..,j., ...- .. ''. :,.. 'i..I.' ' i 11';'i.. - ; ' ' .:. : :'-',.. - ..0 IT, ?',' ' . " ' :' , ,
b. - .?.,,i dyoi.f.,t fiti31,1:)!byidep4id•health.'' care benefits fo)1;:its'e'ill"!13'10Yees?
c. Provide a current breakdown (number of persons),plyourfimVs •
work force and ownership as to race, nafi1 origin and gender:
White: Males:
Black: - Males ' • •
—
Pemale
Hispanic:
Asian:
American Native:
Aleut (Eskimo):
Males: Female:
Males: Fernille:
Males: Female:
Males: . Female:
3. X AFFIRMATIVE ACTIONNONDISCREVEINATION OF EMPLOYMENT, PROMO'FION •AND-i
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code)
„, • .— • : • • .,.. •,•• Q.; ' -
In accordance withCounty Ordinance No. 98-30, entities With annual grdSS feVenneg. in b.0...4S''S-';'df $5:000,006Seeking
contract with the .County shall, as acondition. of reeeiving a Gatinty contract have: i). a'writteit trve action. p an which •
- sets forth the procedures the entity utilizes to assure that it does not discriinThate in its employment and promotion practices;
and ii) a Written procurement Policy which sets forth the procedures the entity utilizes to assure that it does not diseriminate
against minority and women-owned•bifsinesSes• its.pV procurement 6f166ds, supPiies and services. Such affirmative
° action plans and proctireinenfpolipieS. shall prOvide for periodic review to detennine their effectiveness in. assuring the entity
does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate
entities whose boards of directors are representative 9fttleP(0.44,i01p*7-1,0i4:00,114tioiTai44ticepfegliifedY&IiVAielibit•,
diseriminatorx,employinen44hd;Pratii-einifiiMlieleggli'dlstiallrildbereqUired to have writtenaffirmatiVe action plans and .
procurement pellicles in order to receive a County Contract. The i:it:ir4113CpiO:*tici4pip.y hirehattedie,ti-'1
f - •
The requirementsbfCointy Ornarto No 8 0 rnaj be iyd uon th ite recommendati�fi°6
, 4
that it id m tlid'heaf iniorattOtteb6-Onty to
of the ittenthers Pre-S6ie
• ..f - ,
The Firm: does not
T 1 ,
X The Finn does have annual revenues in exat-dtS,;600,000; however, its Board of Directors is representative of the
population make-up of the nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business
Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128.
The Firm has annual gross revenues in excess of $5,000,000 and the firm :does have a written affirmative • action
plan and procurement policy as desaribed.above, which includes periodic reviews to deterhiine effectiveness, and has
submitted the plan and policy to the County's Department of Business Development •175 NM:A st AVetiue, 28th Floor, '
Miami, Florida 3128,, - • ' • . -- -: - • ' ''''' " ' ''''''''''' ' ''''' - " ' ' '.' '`- * ' - .. . . .
. , . . .. . ..
• ,
• I '
The Firm does not have an affirmative action plan and/or a procurement policy as described above, but has been
granted a waiver.
ATTACHMENT E "Miami -Dade County Required Affidavits" Page 2 of 5
. .
MJAMI-DADS COUNTY REQUIRED AFFIDAVITS
4. X IMAM -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8,6 of' the County.Code)
The. individual or entity entering into a contract or receiving funding•frotn the County has X has not as of the date of
this affidavit been convicted of a felony during the past ten (10) years,
An officer, director, or executive of the entity entering into a contract or receiving funding from the County _(has /has not), as
of the date, of this affidavit been convicted of a felony during the past ten (10) years,
5, X MIAMI-DADE EMPLOYMENT DRUG-I+RT,E WORKPLACE AFFIDAVIT (County Ordinance 92-15
codified as Section 2-8.1,2,of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami bade County, Florida, the above named person or entity
is providing a drug -free workplace. A written statement to each employee shall inform. the employee about:
danger of drug abuse in the workplace
the finn's policy of maintaining a drag -free environment at all workplaces ,
availability of drug counseling, rehabilitation and employee assistance pfograma
penalties that may be imposed upon employees for drug abuse violations
The person or entity shall Also req'tiire an employee to sign a statement, as a.condition of employment that the employee will
abide by the terms and notify the employer of any criminal drug conviction 000nning no later than five (5) days after receiving •
notice of such conviction and impose appropriate personnel action against the employee up to and including 'termination,
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product: or service offered by the
person or entity make it nedessary for the operation of the County or for the health, safety, welfare, economic benefits and
well-being of the public, Contracts involving funding whioh is provided in whole or in part by the United States or the State of
Florida shall be exempted ,from the provisions of this ordinance in those instances. where those provisions are in conflict with
the requirements of those governmental entities,
6,N1 A MIAMI-DATE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance 142-91 codified as
Section 11A-29 et, sect of the County Code)
That in compliance with Ordinance No, 142-91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or
more 'employees working in Dade County for each working day during molt of twenty (20) or more calendar work weeks, shall
provide the fbllowing.hnfonnation in compliance with all items in t'lne aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave
during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child,
spouse or other close relative who has a serious health Condition without risk of termination of employment or employer
retaliation,
The foregoing requirements shall not pertain to contracts with. the 'United States or any department or agency thereof, or the
State of Florida or any political subdivision or agenoy thereof, It shall, however, pertain to municipalities of this State,
7. X DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resoiution R-385-95)
That the above named firm, corporation •or organization is in compliance with and agrees to continue to comply with, and
assure that any subcontra.etor, or third party contractor sunder this project complies with all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, colnmrunications,'access to facilities, renovations, and new construction in the following laws: The Americans
with Disabilities Act of 1990 (ADA), Pub, L. 101-336,1.04 Stet 327, 42 U.S.C, 12101-12213 and 47 U,S,C, Sections
225 and 611 including Title I, Employment; Title lI, Public Services; Title III, Public Accommodations and S or vices Operated
by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S,C, Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42
U,S.C, Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department
or.agency thereof,, the State or any political subdivision or agency thereof or any municipality of this State.
rememeakeue eremeevieia
ATTACHMENT E "Miami -lade County Required Affidavits" Page 3 of 5
MIAMI-DADE COUNTY REQUIRED AFFIDAVITS
8. x MLAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-
8.1(c) of the Count' Code)
Except for small purchase Orders and sole source contracts, that above named firm, corporation, organization or individual
desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -
- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal
course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of
the firm, corporation, organization or individual have been paid.
9. __X___CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS (Ordinance 99-162)
The individual entity seeking to transact business with the County is current in all its obligations to the County and is not
otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or
instrumentalities.
10. X DOMESTIC VIOLENCE LEAVE AND REPORTING AFFIDAVIT (Resolution 185-00; 99-5 Codified At
11A-60 Et.Seq. of the Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified
at 11A-60 et. seq.. of the Miami Dade County Code, which requires an employer which has in the regular course of business
fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (0) or more
calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
NEXT PAGE SIGNATURE PAGE
ATTACHMENT E "Miami -Dade County Required Affidavits"
Page 4 of 5
MIAMI-DADE COUNTY REQUIRED AFFIDAVITS
I have carefully read this entire five (5) page document, entitled, "lvliarni-Dade County Affidavits"
(Affidavits 1-10) and have indicated by "X" all affidavits that pertain to this contract and have indicated
by an "N/A" all affidavits that .do not pertain to this contract and completed all required information,
BY SIGNING AND NOTARIZING T.IHIS PAGE YOU ARE ATTESTING TO AFFIDAVITS ONE
(1) THROUGH ELEVEN (11)
MIA1VII-DADS COUNTY AFFIDAVITS SIGNATURE PAGE
By:
, 20
Signature of Witness or Secretary Seal Date
59- 000375
Signature of Affiant . Federal Employer Identifiication Number
.D .nie1 J. Alfonso City of Miami
, Printed Naive of Affiant and Naive of Agency
444 SW 2nd Ave Miami FL 33130
Address of Agency , •
SUBSGIIIBE.D AND SWORN TO (or affirmed) before me this day of , 20_
He/She is personally known to rise or has presented as identification.
Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary
Notary Public State of
County of
Expiration Date
• Notary.Seal
ATTACHMENT E "Miami -Dade County Required, Affidavits"
Page 5 of 5