2008-26939 ResoRESOLUTION NO. 2008-26939
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A MANAGEMENT AND OPERATION
AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUBS OF
MIAMI-DADE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE
CONTINUED MANAGEMENT, COORDINATION, MAINTENANCE, AND
OPERATION OF A CITY-OWNED FACILITY IN FLAMINGO PARK FOR A
MIAMI BEACH BOYS AND GIRLS CLUB, WHICH WILL PROVIDE A FULL
RANGE OF SERVICES FOR CHILDREN TO ACHIEVE ENHANCED SOCIAL,
EDUCATIONAL, HEALTH, VOCATIONAL, CHARACTER AND LEADERSHIP
DEVELOPMENT BENEFITS; AND IN ORDER TO ALLOW THE BOYS AND
GIRLS CLUB TO MAXIMIZE ITS ELIGIBILITY AND OPPORTUNITIES FOR
FUNDING ASSISTANCE TO ENSURE THAT THE BOYS AND GIRLS CLUB
ACHIEVES AND MAINTAINS THE HIGHEST LEVEL OF SERVICE AND
MAXIMIZES ITS GOALS AND PRIORITIES AND PROGRAMMING
OPPORTUNITIES, SAID AGREEMENT HAVING AN INITIAL TERM OF THIRTY
(30) YEARS, WITH TWO (2) TEN (10) YEAR RENEWAL OPTIONS; PROVIDED
FURTHER THAT, AS CONSIDERATION FOR THE CITY'S APPROVAL AND
EXECUTION OF THIS AGREEMENT, AND AS A CONDITION THEREOF, THE
BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC. SHALL COMMIT TO
MANAGE, OPERATE, AND MAINTAIN THE FACILITY, AT ITS SOLE COST
AND EXPENSE, AND SHALL FURTHER COMMIT TO DESIGN AND
CONSTRUCT FOR THE CITY, AT THE BOYS AND GIRLS CLUB'S SOLE
EXPENSE, A NEW FACILITY IN FLAMINGO PARK (ON APPROXIMATELY THE
SAME SITE AS THE EXISTING PREMISES) WHICH, LIKE THE CURRENT
FACILITY, WILL ALSO BE OWNED BY THE CITY.
WHEREAS, the City is the owner of that certain building located in Flamingo Park,
as more specifically delineated in the sketch attached and incorporated as Exhibit "A"
hereto (hereinafter referred to as the Premises or the Club); and
WHEREAS, the City and the Boys and Girls Club of Miami-Dade, Inc. (BGCM-D) are
currently parties to a Lease Agreement for the Premises, dated August 1, 2006, with an
initial term of three (3) years, ending on July 31, 2009, with two (2) additional three (3) year
renewal terms (the Lease); and
WHEREAS, the Lease provides that the Premises be used by BGCM-D as a public
recreation center for the purpose of providing children with after school summer programs
including, without limitation, sports, arts and computer education; and
WHEREAS, BGCM-D is currently using the Premises for the aforestated purpose,
through operation of a Boys and Girls Club thereon; and
WHEREAS, BGCM-D wishes to continue to operate a Boys and Girls Club at the
Premises, to not only continue providing the aforestated children's programming, but also
for the development of future programs as well; and
WHEREAS, the City recognizes that BGCM-D is a Florida not for profit corporation
with a proven track record in providing children's clubs and services and, given BGCM-D's
expertise and skills in this area, wishes to continue to have BGCM-D providing the
aforestated children's programming (as well as development of new programs in the future)
on the Premises; and
WHEREAS, the City of Miami Beach is committed to providing parks and
recreational programs for its residents and visitors, and particularly for children, and the
development, maintenance and improvement of such programs and facilities is an
important municipal function and promotes and sustains the education, pleasure and
recreation of the public; and
WHEREAS, while recognizing the importance of such facilities and programs, and
given the current economic climate, the City has limited financial resources and, in
allocating monies appropriated pursuant to the City's annual budget, must endeavor to
provide the full complement of its expected governmental functions and services; and
WHEREAS, in conjunction with the City's desire to have BGCM-D continue to
provide a Boys and Girls Club in Miami Beach, the City and BGCM-D have had recent
discussions with regard to BGCM-D's proposed improvements to the Premises, which
would include demolishing the existing City-owned building/structure, and designing,
developing, and constructing a new, larger improved building in its place (which would also
be owned by the City but operated, managed and maintained by BGCM-D as a Miami
Beach Boys and Girls Club); and
2
WHEREAS, the City is desirous of improving the Premises but does not have
available funding to do so, and
WHEREAS, rather than independently seek out and purchase a new building on its
own, BGCM-D has proposed a "partnership of resources" with the City, and is ready, willing
and able to contribute substantial financial resources toward the design, development and
construction of a new City facility building (on the site of the current Premises); and
WHEREAS, the design and construction of the new facility would be funded and
undertaken by BGCM-D, at its sole cost and responsibility and, once completed, would be
owned by the City, but operated by BGCM-D pursuant to the attached Management
Agreement (the Agreement); and
WHEREAS, as the Flamingo Park community has been identified as an area in high
need and low supply of children's programming and has, through a community concensus
process, identified the creation of an improved, expanded Boys and Girls Club facility as a
top priority, the City is supportive of the BGCM-D's offer to use its funding (which will
consist of monies raised from private donations, grant resources, and other funding
sources that the BGCM-D is uniquely qualified and/or positioned to apply for and receive)
toward the design, development, and construction of the new building; and
WHEREAS it is vital that BGCM-D (and the City) demonstrate along-term
commitment toward the parties' intended use and programming of the Premises as a
comprehensive club; to that end, BGCM-D has requested, and the City has deemed it in
the best interest of the public, particularly the City's children's population, that this be a
long-term Agreement; and
WHEREAS, the parties, in order to effectuate this long term partnership, have
agreed to terminate the existing Lease and, in its place, the City and BGCM-D agree to
execute the following Agreement (whereby BGCM-D would design, develop and construct
a new building on the site of the current Premises; the City would continue to own the
Premises; and the Premises would be managed, operated, and maintained by BGCM-D,
at its sole cost and expense, as a public children's recreational center, known as the Miami
Beach Boys and Girls Club); and
3
WHEREAS, the Agreement set forth herein is consistent with other similar
partnerships that the City has undertaken with not for profit entities for long-term
management and operation of City facilities (by said agencies) for public recreational
purposes.
WHEREAS, the Administration would further recommend that the Mayor and City
Commission hereby waive, by 5/7ths vote, the competitive bidding requirement, finding
such waiver to be in the best interest of the City.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission waive, by 5/7ths vote, the competitive bidding requirement, finding such
waiver to be in the best interest of the City, and approving and authorizing the Mayor and
City Clerk to execute a Management and Operation Agreement between the City and the
Boys and Girls Clubs of Miami-Dade, Inc., a Florida Not-For-Profit Corporation, for the
continued management, coordination, maintenance, and operation of aCity-owned facility
in Flamingo Park for a Miami Beach Boys and Girls Club, which will provide a full range of
services for children to achieve enhanced social, educational, health, vocational, character
and leadership development benefits; and in order to allow the Boys and Girls Club to
maximize its eligibility and opportunities for funding assistance to ensure that the Boys and
Girls Club achieves and maintains the highest level of service and maximizes its goals and
priorities and programming opportunities, said Agreement having an initial term of thirty
(30) years, with two (2) ten (10) year renewal options; provided further that, as
consideration for the City's approval and execution of this Agreement, and as a condition
thereof, the Boys and Girls Clubs of Miami-Dade, Inc. shall commit to manage, operate,
and maintain the facility, at its sole cost and expense, and shall further commit to design
and construct for the City, at its sole expense, a new facility in Flamingo Park (on
approximately the same site as the existing Premises) which like the current Facility, will
also be owned by the City.
PASSED AND ADOPTED this 5th day of November , 2008.
ATTEST:
U/t-~~
CITY CLERK M OR
Robert Parcher Matti Herrera Bower
T:\AGENDA\2008\November 5\Consent\Boys-GirlsClubApprovalMgtAgrt11-5-08Reso.doc APPROVED AS TO
FORM LANGUAGE
8~ F ELUTION
4
/030 ~oY
Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution waiving by 5/7 vote, competitive bidding and finding such in the best interest of the public and
approving a Management Agreement between the City and the Boys and Girls Clubs of Miami-Dade, Inc. for the
management and operation of a Boys and Girls Club facility in Flamingo Park.
Ke Intended Outcome Su orted:
Increase satisfaction with recreational ro rams.
Suooortina Data (Surveys. Environmental Scan, etc.): N/A
Issue'
Shall the Mayor and City Commission approve the Resolution?
Item Summary/Kecommenaation:
For a number of years, the City has been discussing with the Boys and Girls Clubs of Miami-Dade, Inc. the possibility
of building and operating a new Boys and Girls Club facility in Flamingo Park. Discussions on the possible project
were delayed pending community review and discussion of the Flamingo Park Master Plan for renovation.
Recently, the City hosted a community meeting to discuss a variety of options for the Master Plan for the renovation
of Flamingo Park. Included in all of the options was a provision for the location of a new Boys and Girls Clubs facility.
The City's consultant recommended in the three most acceptable scenarios that the Boys and Girls Club be located
in approximately the same area in which the current facility has operated. When presented to the community there
were no adverse comments received as a result of this recommended location.
The attached Management Agreement incorporates a site plan that indicates the approximate foot print of the Boys
and Girls Club that is anticipated to be approximately 10,000 square feet in size. The new structure in order to
accommodate the various programs desired by the Boys and Girls Club would need to be a two story structure whose
final appearance will ultimately be approved in the City's review and regulatory process. A sketch concept is
attached to illustrate the approximate size and massing of the building.
The Management Agreement will provide for an initial thirty year term and two (2) renewable ten (10) year terms for a
newly constructed Boys and Girls Club. The Boys and Girls Club would pay for the full cost of design and
construction of the facility that would be located in approximately the same area as the current facility in Flamingo
Park. The Boys and Girls Club would also demolish the current structure as part of their project.
The Management Agreement provides that the Boys and Girls Club will assume all responsibility for the care,
maintenance and operation of the facility. The City would be allowed to use the facility at times that do not interfere
with the programmatic needs of the Boys and Girls Club at no charge, other than direct expenses associated with the
facility use.
The Agreement provides for the Boys and Girls Club to assume responsibility for any capital costs in the first ten (10)
years of the Agreement and to equally split any capital costs for the balance of the Agreement.
The Finance and Citywide Projects Committee reviewed the draft Management Agreement and its key points at their
meeting on Tuesday, October 21, 2008. The members of the Committee recommended to the full City Commission
approval of the Agreement to allow the project to proceed.
As this agreement ahs not been competitively bid, the resolution also provides for a waiver of competitive bidding and
finds such to be in the public's best interest.
In order to allow the Boys and Girls Ctub, which has been a successful provider of services to low and moderate
income children in the community, to proceed with the construction of a new facility at their sole expense, it is
recommended that the Mayor and the City Commission approve the Management Agreement between the City and
the Boys and Girls Club of Miami-Dade for the management and operation of the Boys and Girls Club facility in
Flamingo Park. A 5/7ths Commission vote is required for this item.
Financial Information:
Source of Amount Account
Funds:
OBPI Total
Ci Clerk's Office Le islative Trackin
Robert C. Middau h, Assistant Ci Mana er
Si n-Offs:
Department Director Assist City Manager Ci anager
RC JMG ~
T:WGENDA\2008\November 5\Consent\Boys-Gir~5Cfu6ApprovalMgtAgrtSum11-5-08.doc
~ MIAMIBEACH
Uv
AfaENDA fTElfll /~
DATIE (~ ' D ~ ~ 0
m MIAMIBEACH
City of Miami Beoth, 1700 Convention Center Drive, Miami f3each, Florida 33139, v/ww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and .Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 5, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH,
FLORIDA, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A MANAGEMENT AND OPERATION AGREEMENT
BETWEEN THE CITY AND THE BOYS AND GIRLS CLUBS OF MIAMI-DADE,
INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE
MANAGEMENT, COORDINATION, MAINTENANCE, AND OPERATION OF
A FACILITY LOCATED IN FLAMINGO PARK AS A BOYS AND GIRLS CLUB
(TO BE KNOWN AS THE MIAMI BEACH BOYS AND GIRLS CLUB) WHICH
WILL PROVIDE A FULL RANGE OF SERVICES FOR CHILDREN TO ACHIEVE
ENHANCED SOCIAL, EDUCATIONAL, HEALTH, VOCATIONAL, CHARACTER
AND LEADERSHIP DEVELOPMENT BENEFITS; AND IN ORDER TO ALLOW
THE BOYS AND GIRLS CLUB TO MAXIMIZE ITS ELIGIBILITY AND
OPPORTUNITIES FOR FUNDING ASSISTANCE TO ENSURE THAT THE
BOYS AND GIRLS CLUB ACHIEVES AND MAINTAINS THE HIGHEST LEVEL
OF SERVICE AND MAXIMIZES ITS GOALS AND PRIORITIES AND
PROGRAMMING OPPORTUNITIES, SAID AGREEMENT TO HAVE AN INITIAL
TERM OF THIRTY (30) YEARS, WITH TWO (2) TEN (10) YEAR RENEWAL
OPTIONS; PROVIDED FURTHER THAT, AS CONSIDERATION FOR THE
CITY'S APPROVAL AND EXECUTION OF THIS AGREEMENT, AND AS A
CONDITION THEREOF, THE BOYS AND GIRLS CLUBS OFMIAMI-DADE, INC.,
SHALL COMMIT TO MANAGE, OPERATE, AND MAINTAIN THE BOYS AND
GIRLS CLUB FACILITY LOCATED IN FLAMINGO PARK, AT ITS SOLE COST
AND EXPENSE, AND SHALL FURTHER COMMIT TO FULLY FUND, DESIGN,
AND CONSTRUCT, AT ITS SOLE EXPENSE, A NEW FACILITY IN FLAMINGO
PARK (TO SERVE AS THE MIAMI BEACH BOYS AND GIRLS CLUB IN
ACCORDANCE WITH CITY APPROVED AND PERMITTED PLANS AND
SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS) WHICH (LIKE THE
CURRENT FACILITY) WILL ALSO BE OWNED BY THE CITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
For a number of years, the City has been discussing with the Boys and Girls Clubs of Miami-
Dade, Inc. the possibility of building and operating a new Boys and Girls Club facility in
Flamingo Park. Discussions on the possible project were delayed pending community
review and discussion of the Flamingo Park Master Plan for renovation.
Recently, the City hosted a community meeting to discuss a variety of options for the Master
Plan for the renovation of Flamingo Park. Included in all of the options was a provision for
the location of a new Boys and Girls Clubs facility. The City's consultant recommended in
the three most acceptable scenarios that the Boys and Girls Club be located in
approximately the same area in which the current facility has operated. When presented to
the community there were no adverse comments received as a result of this recommended
location.
The location suggested by the City's design consultant would necessitate that the Boys and
Girls Club build a two level facility in order to support the range of activities they would like to
conduct at their club. The current facility is one story. The Boys and Girls Club is prepared
to move ahead with this design and has or soon will raise all of the money necessary to fully
complete the demolition of the current structure and the construction of the new project at
their sole expense.
As the communities ability to express any concern with the project has been satisfied by the
Park Planning process and the site for the Boys and Girls Clubs has no impact on other park
features, allowing the Boys and Girls Club to proceed with the project is recommended.
As the Boys and Girls Club is prepared to immediately move ahead with their project, the
City has developed a Management Agreement with the Boys and Girls Club to provide for
their new facility and to establish the terms and conditions upon which it will be constructed
at Flamingo Park. This Management Agreement has been based on a similar agreement
reached with Unidad to operate a Senior Facility in North Beach.
The attached Management Agreement incorporates a site plan that indicates the
approximate foot print of the Boys and Girls Club that is anticipated to be approximately
10,000 square feet in size. The new structure in order to accommodate the various
programs desired by the Boys and Girls Club would need to be a two story structure whose
final appearance will ultimately be approved in the City's review and regulatory process. A
sketch concept is attached to illustrate the approximate size and massing of the building.
The Management Agreement will provide for an initial thirty year term and two (2) renewable
ten (10) year terms for a newly constructed Boys and Girls Club. The Boys and Girls Club
would pay for the full cost of design and construction of the facility that would be located in
approximately the same area as the current facility in Flamingo Park. The Boys and Girls
Club would also demolish the current structure as part of their project.
The Management Agreement provides that the Boys and Girls Club will assume all
responsibility for the care, maintenance and operation of the facility. The City would be
allowed to use the facility at times that do not interfere with the programmatic needs of the
Boys and Girls Club at no charge, other than direct expenses associated with the facility use.
The Agreement provides for the Boys and Girls Club to assume responsibilityfor any capital
costs in the first ten (10) years of the Agreement and to equally split any capital costs for the
balance of the Agreement.
The Management Agreement anticipates that the building upon completion of construction
would be the property of City of Miami Beach and that through the Management Agreement
the Boys and Girls Club would have a long term Agreement with which to operate the facility
to serve their clientele.
2
Other features of the Management Agreement include:
• Any activities undertaken by the City of Miami Beach in the Boys and Girls Club
Facility would be after the normal operating hours of the Boys and Girls Club and
would not interfere with their programmatic activities or schedule.
• Any revenues generated on the Boys and Girls Clubs site from fees or charges for
service and/or any fund raising associated with the Clubs activities would be
dedicated to support the continued operation and maintenance of the facility at
Flamingo Park.
• The Agreement anticipates that the concept plan would be approved by the Planning
Board prior to being permitted through the City's normal permit approval process.
• The Agreement provides that annually the Boys and Girls Club submit their expected
programmatic offerings and associated budget for their fiscal year which begins on
June 1.
• The Agreement provides that all liability and contents insurance be maintained by
the Boys and Girls Club, while the City, as the owner of the facility, would insure the
actual structure.
The Finance and Citywide Projects Committee reviewed the draft Management Agreement
and its key points at their meeting on Tuesday, October 21, 2008. The members of the
Committee recommended to the full City Commission approval of the Agreement to allow the
project to proceed.
The Boys and Girls Club of Miami-Dade have operated successfully in Flamingo Park for
approximately eighteen (18) years and have served a significant number of low and
moderate income children at their current facility. The Boys and Girls Club is a national
organization with successful operations in a wide variety of communities across the United
States in addition to the Flamingo Park facility.
The programs provided for the low and moderate income and at risk youth in this area
provide for a wide range of health, social, educational, vocational, character and leadership
development skills. The Boys and Girls Club in providing services has not and does not
anticipate competing or duplicating services provided by the City's Parks and Recreation
program. The addition of a new Boys and Girls Club facility at Flamingo Park should
strengthen and add to the City's overall ability through both the Boys and Girls Club and the
City's Park and Recreation program to provide services for children in the community.
The timing of the Management Agreement with the Boys and Girls Club is significant in that
its approval by the City will represent the commitment needed by the Boys and Girls Club to
secure donations and funding associated with the construction of the facility. The Boys and
Girls Club has indicated that most if not all of the necessary funding to pay for the cost of
construction of the new facility has been identified and their expectation is to proceed
immediately with final design and permitting.
The Boys and Girls Club have made arrangements to continue their programming during the
construction of the facility at Fisher Fienberg School so as not to disrupt the provision of
services during construction.
As the City has not competitively bid the availability of an opportunity to enter into a
management agreement at Flamingo Park, it is necessary for the City Commission as part of
the approval to also waive by 5/7ths vote the competitive bidding requirements. As with the
Unidad Management Agreement, the bid waiver for the Boys and Girls Club Agreement is
appropriate as they are the current service provider and the only provider to be able to
3
provide the type and nature of services that are the subject of the agreement. A required
Commission finding that the waiver is in the best public interest is easily satisfied. The
waiver and necessary finding is included as a part of the Resolution to approve the
Management Agreement.
CONCLUSION
In order to allow the Boys and Girls Club, which has been a successful provider of services
to low and moderate income children in the community, to proceed with the construction of a
new facility at their sole expense, it is recommended that the Mayor and the City
Commission approve the Management Agreement between the City and the Boys and Girls
Club ofMiami-Dade for the management and operation of the Boys and Girls Club facility in
Flaming ark.
JM M\sam
T: NDA\2008\November 5\Consent\Boys-GirlsClubApprovalMgtAgrtcommemo11-5-08.doc
Attachments
4
EXHIBIT "A"
[SKETCH OF PREMISES]
37
- ^ ^~/~ ^ ^ ~O~
y 2 E ~Va2lU"73 ~IWVIW ('tn~)f040-639-I95' 09::1~Of_b Lr.S.
HOi~9'd H1NOS
I W a, E LCb=£ nn'IA 01d 'NJ G3:1. w,lnd 15JN f1 ~" I a ..
~ ~,
E .,, ; - -
- z .: $NI~SI?11hQNyS~.O~ H12IVN~JV1dH1{ctiL£ s x . I ~ ..
4 I 1 Z ~ j
W :?ip4 S1d3~N0~ 313~1~N0~'lb"/~U?1 ~ 6£t 0009C}/}/ .. G ~
.~ ,. ~ < :1.a s5Nla-im~a xb~>laow rn~N ~ ~~NI"N!hiS"3a ~3~~"'~1Y11~'I LtH~~V ~V.~CIY ;
w
a
O
O
J
!L
Z
U
w
N
Z
d
O
O
J
LL
H
LL
a ~ ~ ~
J ~
~ ~ ~ i
a a~+ tCf
~ x
~ ~~~
a~
Z~C~" Q
o~oeo _..~
f>
Q
EXHIBIT "B"
INSURANCE REQUIREMENTS
1. Worker's compensation insurance covering all employees of the Contractors (as
required by the laws of the State of Florida) and employer's liability insurance of not less than One
Million Dollars ($ 1,000,000) per occurrence.
2. Comprehensive general liability insurance in an amount of not less than One Million
Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate
covering personal injury and property damage. Such coverage shall include, but not be limited to,
the following:
i. Blanket contractual liability insurance covering all indemnity or hold
harmless agreements.
ii. Protective liability insurance for the operation of the Independent Contractors.
iii. XCU coverage (explosion, collapse or damage to underground property).
iv. Products and completed operations (for two (2) year extension beyond
completion of project).
3. Excess umbrella liability insurance with a limit of not less than
Dollars ($ _) per occurrence and in the aggregate in excess of the above
mentioned insurance, which shall be required only in any "wrap up" policy.
a) BGCM-D may cause the insurance listed in this subsection to be provided
through an overall "wrap up" policy, in lieu of individual policies provided by
Contractors.
b) Comprehensive automobile insurance in an amount of not less than Two
Million Dollars ($2,000,000) combined single limit for bodily injury and
property damage covering all owned, non-owned or hired vehicles, trailers or
semi-trailers, including any machinery or apparatus attached thereto.
4. Builder's Risk Insurance (standard "All Risk" or equivalent coverage) in an amount
not less than the cost of construction, written on a completed value basis or a reporting basis, for
property damage protecting BGCM-D, City, and BGCM-D's General Contractor, with a deductible
of not more than Fifty Thousand Dollars ($50,000), subject to adjustment for inflation (except as to
flood and windstorm, with regard to which the deductible shall be a commercially reasonable
amount).
5. Comprehensive automobile insurance in an amount of not less than Two Million Dollars
($2,000,000) combined single limit for bodily injury and property damage covering all owned,
non-owned or hired vehicles, trailers orsemi-trailers, including any machinery or apparatus attached
thereto.
38
SECTION 20. INSURANCE REQUIREMENTS.
20.1 BGCM-D shall maintain, at BGCM-D's sole cost and expense, the
following types of insurance coverage at all times throughout the term of this Agreement:
a. General liability insurance with not less than the
following limits, subject to adjustment for inflation:
General aggregate
$2,000,000
Personal and advertising (injury) $1,000,000
(Per occurrence) $1,000,000
Fire damage $ 100,000
Medical Expense $ 5,000
b. Workers Compensation Insurance shall be required under the Laws
of the State of Florida.
c. Automobile Insurance shall be provided covering all owned,
leased, and hired vehicles and non-ownership liability for not less
than the following limits, subject to adjustment for inflation (only
if BGCM-D provides transportation services):
Bodily Injury $1,000,000 per person
Bodily Injury
$1,000,000 per accident
Property Damage $ 500,000 per accident
Fire Insurance shall be the responsibility of BGCM-D.
The policies of insurance referred to above shall not be subject to cancellation or
changing coverage, except upon at least thirty (30) days written notice to the City, and
then subject to the prior written approval of City Manager. BGCM-D shall provide City
with a Certificate of Insurance for each such policy, which shall name the City of Miami
Beach, Florida as an additional named insured. All such policies shall be obtained from
companies authorized to do business in the State of Florida with an A.M. Best's Insurance
Guide (latest edition) rating acceptable to the City, through its Risk Manager, and any
replacement or substitute company shall also be subject to -the approval of the City,
through its Risk Manager. Should BGCM-D fail to obtain, maintain or renew the policies
Agenda Item
Date tt-~ -U~
A NI G hc~ /n.¢~wt"
of insurance referred to above, in the required amounts, the City may, at its sole
discretion, obtain such insurance, and any sums expended by the City in obtaining said
insurance, shall be repaid by BGCM-D to the City, plus ten percent (10%) of the amount
of premiums paid to compensate City for its administrative costs. If BGCM-D does not
repay the City's expenditures within fifteen (15) days of demand, the total sum owed shall
accrue interest at the rate of twelve percent (12%) until paid, and such failure shall also
be deemed an event of default hereunder.
20.2 Adjustment of Limits.
All of the limits of insurance required pursuant to this Section 20 shall be subject to
review by the City and, in connection therewith, BGCM-D shall carry or cause to be
carried such additional amounts as City may reasonablyrequire from time to time, but
City may not impose such new limits any more frequently than once in every ten (10)
,~ ear period from the Commencement Date. Any request by City that BGCM-D carry or
cause to be carried additional amounts of insurance shall riot be deemed reasonable
unless such additional amounts are commonly carried in the case of similar projects in
South Florida of a size nature and character similar to the size nature and character of
the Premises and the Club.
Page 1 of 1
Parcher, Robert
From: Aguila, Raul
Sent: Tuesday, November 04, 2008 3:34 PM
To: Parcher, Robert
Cc: Smith, Jose; Gonzalez, Jorge; Middaugh, Bob; Alex Rodriguez-Roig; barrystein@bellsouth.net;
Damien, Elizabeth
Subject: Boys and Girls Club Management Agreement ~
Importance: High
Bob:
Following the City Attorney and City Manager's review of the above referenced Agreement with Commissioner
Gross, he has requested that the following amendments be incorporated into the Agreement. In order to meet the
deadline for submittal of items on the Addendum for tomorrow's meeting, I am submitting his revisions to
you, concurrent with submittal (of the proposed changes) to representatives of the Boys and Girls Club.
1. Section 4.2.3--after the word "delayed," add "...and provided such proposed program, service, activity and/or
use is for a public purpose and is consistent with the approved uses herein."
2. Section 9.7.2--delete the words "be valued at," and replace with the word "cost."
3. Section 21.1--after the word "nature," add "(including, but not limited to,reasonable attorneys fees and costs)"
4. Section 34.8--add the following sentence at end of section:
"Accordingly, BGCM-D hereby agrees and acknowledges that in the event of termination of this Agreement,
whether due to a default by BGCM-D or otherwise, BGCM-D shall surrender and yield unto the City the Premises,
in accordance with Section 28 hereof, and the City shall in noway be required to evict and/or
otherwise remove BGCM-D from the Premises as if this were a tenancy under Chapter 83, Florida Statutes, nor
shall BGCM-D be afforded any other rights afforded to nonresidential tenants pursuant to said Chapter (the
parties having herein expressly acknowledged that this Agreement is intended to be a management agreement
and is in noway intended to be a lease.)."
Thank you,
Raul J. Aguila
MIAMIBEACH
Raul J. Aguila, Deputy City Attorney
OFFICE OF THE CITY ATTORNEY
1700 Convention Center Drive -Fourth Floor, Miami Beach, FL 33139
Tel: 305-673-7470 or 305-673-7000 /Fax: 305-673-7002 ! www raulaauilaCo~miamibeachfl_goy
We are committed [o pro~~iding excellent puGlic sen~ice and safety to all who live, work and play in our ribranl, tropical, historic community.
11 /04/2008
~~0