HomeMy WebLinkAboutExhibitEXTENSION OF MANAGEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI, FLORIDA AND BELAFONTE TACOLCY CENTER, INC.
FOR THE USE OF PROPERTY LOCATED AT
6161 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA
This EXTENSION OF MANAGEMENT AGREEMENT ("Extension") is between the City
of Miami, a Florida municipal corporation ("City"), whose address is 444 SW2 Avenue, Miami,
Florida 33130 and Belafonte Tacolcy Center, Incorporated, a Florida Not -For -Profit
Corporation ("Provider"), whose address is 6161 NW 9 Avenue, Miami, Florida 33127
(collectively, the "Parties").
WHEREAS, the Parties previously entered into a Management Agreement ("Agreement"),
attached and incorporated as Exhibit A, regarding the property located at 6161 Northwest 9
Avenue, Miami, Florida ("Property"), for a term of fifteen (15) years commencing on April 1, 2005;
and
WHEREAS, the Agreement included an option to extend for an additional term of fifteen
(15) years by mutual agreement of the Parties, upon such terms and conditions as may be agreed
to by the Parties; and
WHEREAS, the Parties wish to exercise the option to extend for an additional term of
fifteen (15) years with the modified and additional terms and conditions stated herein; and
WHEREAS, said option to extend was authorized by the City of Miami Commission on or
about May 27, 2004, by Resolution No. R-04-0346, attached and incorporated as Exhibit B.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
obligations contained herein, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. RECITALS. The recitals set forth above are true and correct in all respects and are
incorporated herein by this reference.
2. DEFINITIONS. All defined terms used herein are as provided in the Agreement.
3: TERM. The term of this Extension is from April 1, 2020, through March 31, 2035,
inclusive, unless sooner terminated as provided in the Agreement.
4. TERMS AND CONDITIONS. Except as specifically modified by this Extension, all
terms and conditions of the Agreement shall remain in full force and effect.
5. CITY MAINTENANCE. This Section shall replace Article XI of the Agreement.
The City shall, at its sole cost and expense, provide all exterior maintenance, including
preventive maintenance, repairs and replacements, as necessary, to the Property and any
structural portions of any buildings and grounds, installed that is permanently attached or
furnished by the City.
In the event such maintenance and repair becomes necessary in whole or in part due to:
(i) the misuse, act, neglect, fault or omission of the Provider, or its employees, agents,
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representatives, contractors, guests or invitees; (ii) any damage occasioned by the failure of the
Provider to perform or comply with any terms, conditions, or covenants of this Agreement; (iii) any
structural alterations or improvements required by Provider's use and occupancy of the Property,
the Provider shall pay to the City the entire cost of such maintenance, repair or alteration within
fifteen (15) days after receipt of written notice.
The City shall, at its sole cost and expense, provide all exterior preventive maintenance,
maintenance and services, excluding only those repair obligations assumed by the Provider in
Section , required for use of the Property including, but not limited to, the following:
a) Grounds services including lawn, shrub, and tree maintenance and removal of any
rubbish or obstructions from the Property;
b) Maintenance and repair of the basketball courts including resurfacing, subject to
available funding;
c) Exterior Water and sewer facilities such as water
d) Garbage and trash disposal as required;
e) Painting of exterior of building, including caulking of all window and door frames;
6. PROVIDER MAINTENANCE. This Section Shall replace Article XII of the Agreement.
The Provider shall be required, at its sole cost and expense, to provide all interior property
maintenance, repairs and replacements during the Term including, without limitation, any
nonstructural portions of the building, the security, plumbing, electrical, heating, and air
conditioning systems and equipment; all doors, floor coverings, interior walls, ceilings, decoration
(e.g., carpeting, painting, wall coverings, drapes and other window treatments, refinishing, etc.),
and all fixtures and equipment therein, excluding only those repair obligations assumed by the
City in Section . Provider shall not commit, or suffer to be committed, any waste in or upon
the Property or do anything in or on the Property which, in the City's sole opinion, detracts from
the appearance of the Property. All maintenance, repairs and replacements shall be performed
to the satisfaction of the City.
The Provider shall, at its sole cost and expense, provide all preventive maintenance,
maintenance and services required for use of the Property including, but not limited to, the
following;
a Cleaning and janitorial services for the interior of the Property;
Annual inspection of the heating, ventilation, and air conditioning including freon and
coils, and changing of filters as required for the comfortable use and occupation of the
Property;
c) Electric current for normal use and light;
d) Interior and exterior window cleaning for the Property to be performed as needed but
no less than once every one hundred and eighty (180) days;
e) Vermin and pest control, as necessary, but no less than once every sixty (60) days;
f) Painting of interior of building, including caulking of all interior window and door frames;
g) Daily pick-up of litter for the exterior of the Property.
The Provider shall, at all times, be responsible for the condition of the Property, and shall
perform repairs required in a timely manner so as to prevent injury to persons and waste to the
Property.
7. CITY'S INSPECTION AND RIGHT OF ENTRY. This Section shall replace Article IX
of the Agreement.
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The City shall have the right to make periodic inspections of the Property and
improvements thereof, during normal working hours. The Provider, at its sole cost and expense,
shall be required to make any interior modifications in cleaning or maintenance methods
reasonably required by the City.
The Provider agrees to permit the City to enter upon the Property at all reasonable times,
for any purpose the City deems necessary.
8. OTHER ORGANIZATIONS' USE OF PROPERTY. This Section shall replace Section
2.2 of the Agreement.
The Provider shall be solely responsible for all activities at the Property. The Provider
shall be allowed to enter into professional service agreements with other organizations (the
"Service Providers") in order to provide the services set forth in Section herein. The Provider
shall require that each Service Provider obtain and maintain in effect insurance, in the same
amounts and on the same terms and conditions as is required of the Provider in Section
below, unless waived in writing by the City's Risk Management Administrator. The City shall be
permitted to utilize the Property for City or City -sponsored events at no cost to the City, subject to
approval by the Provider. The Parties agree that the Provider shall not unreasonably withhold
approval for use of the Property by the City or for City -sponsored events.
9. PUBLIC RECORDS. Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to the City, subject to the provisions
of Chapter 119, Florida Statutes, and any specific exemptions there from, and Provider agrees to
allow access by the City and the public to all documents subject to disclosure under applicable
law unless there is a specific exemption from such access. Provider' failure or refusal to comply
with the provisions of this Section shall result in immediate termination of the Agreement by the
City. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Provider must comply
with the Florida Public Records Laws, specifically Provider must:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the City in order to perform the service/Programming.
B. Provide the public with access to public records on the same terms and conditions
:hat the City would provide the records and at a cost that does not exceed the cost
provided in Chapter 119 or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost to the
City, all public records in possession of the Provider upon termination of this
Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements.
E. All records stored electronically must be provided to the City in a format compatible
with the information technology systems of the City.
Provider agrees that any of the obligations in this Section will survive the term, termination,
and cancellation hereof.
IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO PROVIDER' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN
OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O
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OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND
AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S PARKS AND RECREATION DEPARTMENT
CUSTODIAN OF RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND
AVENUE, MIAMI, FLORIDA 33130.
10. INSURANCE. This Section shall replace Section 14.2 of the Agreement.
Without limiting any of the other obligations of Provider, Provider shall, at its sole cost,
obtain and maintain in full force and effect at all times during the term of this Extension, the
insurance coverages as set forth in the attached and incorporated Exhibit C. The City of Miami,
Division of Risk Management, reserves the right to reasonably amend the insurance requirements
by the issuance of a notice in writing to Provider.
11. NOTICE. The following shall be removed from Section 20.
City of Miami
Department of Economic Developmen
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
of the Agreement:
12. BACKGROUND SCREENING. All employees, agents, servants, partners, principals
and subcontractors of the Provider who work in direct contact with children, the elderly, or
individuals with disabilities or who may come into direct contact with children, the elderly, or
individuals with disabilities at the Property must complete a Level 2 background screening that
complies with its requirements prior to Commencing work pursuant to this Extension. This
requirement also applies to all volunteers who provide services to children, the elderly, or
individuals with disabilities regardless of the number of volunteer hours they provide. Occasional
or transient repair or maintenance persons who appear on the site should be escorted to their
work areas and then supervised during the time they are present to conduct their work.
Level 2 background screenings must be completed through the Florida Department of Law
Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program.
Satisfactory background screening documentation will be accepted from those entities that
already conduct business with the Department of Children and Families (DCF), the Department
of Juvenile Justice (DJJ), Department of Elder Affairs (DOEA) or the Miami Dade County Public
School System (MDCPS). A clearance letter from the MDCPS Office of Professional Standards
indicating the person has successfully completed a Level 2 screening will be accepted. If
background screenings are completed with VECHS, then the Programming Partner shall
complete an "Affidavit of Level 2 Background Screenings," attached and is incorporated as Exhibit
D, for each Extension term.
The Provider shall re -screen each employee, agent, servant, partner, principal and
subcontractor every five (5) years. The Provider is required to review annually, at minimum, The
Dru Sjodin National Sex Offender Public Website.
13. COUNTERPARTS & ELECTRONIC SIGNATURES. This Extension may be executed
in any number of counterparts, each of which so executed shall be deemed to be an original, and
such counterparts shall together constitute but one and the same Extension. The Parties shall
be entitled to sign and transmit an electronic signature of this Extension (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the Party whose name is
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contained therein. Any Party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Extension upon request.
14. EXHIBITS.
A. Management Agreement
B. Resolution No. R-04-0346
C. Insurance Requirements
D. Affidavit of Level 2 Background Screenings
The remainder of this page is intentionally blank. The next page is the signature page.
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Belafonte Tacolcy Center, Incorporated, a Florida Not -For -Profit Corporation
WITNESS: BELAFONTE TACOLCY CENTER, INC.
By: By:
Print: Print:
Title: Title:
Date: Date:
City of Miami, a municipal corporation of the State of Florida
ATTEST:
By: By:
Arthur Noriega, City Manager Todd B. Hannon, City Clerk
Date: Date:
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE:
AND CORRECTNESS:
By: By:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Risk Management Director
(19-2003 / JTM)
Date: Date:
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