MDPL Management Agreement
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CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami Beach, Florida 33139
http:\\ci.miami-beach.n.us
City Manager's Office
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Telephone 305 673-7010
Facsimile 305 673-7782
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September 17,2001
Mr. Herb Sosa
Executive Director
Miami Design Preservation League
Post Office Box 190180
Miami Beach, F 33119-0180
Please find attached one (I) original executed copy of the MaIlligement Agreement between the City
of Miami Beach, and the Miami Design Preservation Leag~e, Inc., for the period of June 27, 2001
through September 30, 2004.
We look forward to working together with you, and the Miami Design Preservation League.
Sincerely,
~
Kevin C. Smith, Director
c: Robert Parcher, City Clerk
F:\rcpa\SALL\KEVlN\MDPLExecutedAgreement.doc
.
OPERATION AND MANAGEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH. FLORIDA
AND
THE MIAMI DESIGN PRESERV A nON LEAGUE. INC.
THIS AGREEMENT, is made and executed as of this ?-7 day of -r~ tJC, 2001, by and
between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the
laws of the State of Florida (the City), and the MIAMI DESIGN PRESERVATION LEAGUE, INC.,
a Florida not-for-profit corporation, with offices located at 1000 Ocean Drive, Miami Beach, Florida,
33139 (the League or Contractor).
WITNESSETH
RECITALS:
WHEREAS, the City is the owner of the Miami Beach Ocean Front Auditorium (Ocean
Front Auditorium or, in the alternative, the Premises), located at 1000 Ocean Drive, Miami Beach,
Florida 33139; and
WHEREAS, the League is an organization with members committed to promotion of the
Ocean Front Auditorium as an historic, architectural, educational, and cultural arts venue; and the
League and its precedents have, for the past fifteen years, raised funds and volunteered time to
improve the Ocean Front Auditorium and its surrounding Art Deco Historic District, by conducting
tours and educational programs regarding the City's history and the importance of the City's
architectural heritage, and therefore have contributed to a higher quality of life in Miami Beach; and
WHEREAS, the City requires citizen participation in the development and operation of the
Ocean Front Auditorium so that there can be a strong "public/private" partnership of efforts to fully
realize the Ocean Front Auditorium's potential; and
WHEREAS, the League is ready, willing and able to raise substantial grant funds and
private individual and corporate contributions for development and operation of the Ocean Front
Auditorium, and to operate and develop the Ocean Front Auditorium, in conjunction with the City,
in a manner that will dramatically increase the programmatic scope of the Ocean Front Auditorium's
contribution to the community; and
WHEREAS, the City has identified approximately $690,000 from the Series 2000 General
Obligation Bond Fund for improvements to the Ocean Front Auditorium; and
WHEREAS, the City and the League are mutually desirous that the League playa primary
role in the operation and management of the Ocean Front Auditorium, as set forth in the terms and
conditions of this Agreement, while the City retains ultimate control and oversight consistent with
City ownership of the Ocean Front Auditorium and City obligation for the General Obligation Bond
Funds to be used to be in improving the Ocean Front Auditorium.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained, it is agreed by the parties hereto as follows:
SECTION 1.
The City hereby grants to the League, and the League hereby accepts from the City, this
Agreement to manage and operate the Ocean Front Auditorium, located at 1000 Ocean Drive, Miami
Beach, Florida, and more fully described by the premises delineated in Exhibit "A" (the Ocean Front
Auditorium or, in the alternative, the Premises), attached hereto and made a part hereof, in
conformance with the purposes and for the period stated herein, and subject to all the terms and
conditions herein contained, and fairly implied by the terms hereinafter set forth.
SECTION 2. TERM.
This Agreement shall be for an initial term of three (3) years, commencing on the first day
of October 1,2001, and ending on the 30th day of September, 2004.
At the expiration of the initial term, provided the League is in good standing and free from
default hereunder, the City may, at its sole discretion, renew and extend this Agreement for an
additional two (2) year option term, under all of the terms and conditions contained herein.
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In the event the City determines not to extend the Agreement, it shall notify the League of
same, in writing, no less than one hundred and eighty (180) days prior to the end of the initial term.
SECTION 3. OCEAN FRONT AUDlTORIUM/PREMISES.
The Ocean Front Auditorium/Premises subject to this Agreement (herein referred to as the
Ocean Front Auditorium or, in the alternative, the Premises), shall be those facilities and spaces
more specifically described in Exhibit "A", attached and incorporated herein. Subject to the terms
of this Agreement, the League shall have the primary use and sole occupation of the Premises and
shall be responsible for its operation, management, and maintenance, as set forth in Section 8.2 of
the Agreement.
SECTION 4. GOAL AND PRIORITIES.
4.1 The Ocean Front Auditorium shall be operated, managed and maintained as a public
multi-purpose community resource centered on an outstanding cultural and historic exhibition,
archive and educational center which provides:
Enjoyment of all of the City's architectural historic districts
Education for children and adults
An enjoyable venue for visual and performing arts, special events, and community
meetings
A catalyst for community promotion of historic preservation, architectural quality,
beautification and aesthetic improvement of the City
A popular and memorable tourist destination
The City and the League intend that the activities programmed in and pertaining to the Ocean
Front Auditorium continuously increase in scope and number so that the Art Deco Historic District
and all the City's other historic districts and properties favorably impact an increasing number of
residents and visitors.
4.2 All activities undertaken at the Ocean Front Auditorium shall be to advance the
purposes set forth in subsection 4.1 above. Notwithstanding the foregoing, and as further
consideration for this Agreement, the League herein represents and warrants to the City that all
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activities undertaken at the Ocean Front Auditorium, including but not limited to those activities to
advance the goals and priorities set forth in subsection 4.1, shall conform to and be consistent with
the permitted uses for public park property and facilities, as set forth in Article 6 of the Miami-Dade
County Charter, entitled "Parks, Aquatic Premises, and Preservation Lands"; and, specifically, the
permitted uses set forth in Section 6.02 therein. Accordingly, the City desires to enter into this
Agreement based upon the League's representation and warranty that its proposed use of the
Premises shall comply with all relevant sections of the afore stated Miami-Dade County Charter
Article, said Article attached hereto and incorporated herein as Exhibit "B". If at any time during
the initial term of this Agreement, or any renewal term(s), the League's use of the Premises, or any
portion thereof, is determined by the City, at its sole discretion, to violate or be inconsistent with said
Article 6 of the Miami-Dade County Charter, then the City, at its option, may terminate this
Agreement for cause, pursuant to Section 26 herein.
SECTION 5. OPERATION AND MANAGEMENT OF THE OCEAN FRONT
AUDITORIUM.
5.1 Subject to the terms, limitations and required approvals contained in this Agreement,
the League is authorized and required, and shall have the exclusive right to:
a. Manage and direct the operations and activities of the Ocean Front
Auditorium;
b. Maintain the interior of the Premises, pursuant to subsection 8.2 of this
Agreement;
c. Operate the Ocean Front Auditorium consistent with a City-approved Master
Plan, as shall be approved at a future date, and City administration of the
G.O. Bond funds;
d. Develop and implement programs and activities which support and promote
the goals and priorities set forth in Section 4; specifically, foster the creation
of an Art Deco Historic District Interpretive Center; Barbara Baer Capitman
Archives; and Historic District Museum Center; and
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e. League shall also have the right to use the Premises for League business, for
Art Deco Weekend related events.
5.2 Hours of Operation.
City and League herein agree that normal hours of operation for the Ocean Front
Auditorium for the general public shall initially be approved from 10 A.M. to 6 P.M., Tuesday thru
Saturday; provided that League shall use its best efforts to increase the hours of operation to seven
days per week, from 10 A.M. to 10 P.M.; said increased hours to be effective no later than
______. from the effective date of this Agreement. At no time shall the League change its hours
of ol2eration without the prior written approval of the City Manager or his designee.
5.3 Prol!:rammatic Plan.
Commencing on October 1, 200 I, and thereafter, the League shall prepare and
present on the first of each City fiscal year (Octoberl-September 30) during the term of this
Agreement, a proposed detailed Ocean Front Auditorium Programmatic Plan for the next fiscal year,
detailing the then-known activities planned and the number of residents and visitors anticipated to
be impacted. All planned activities shall be in accordance and consistent with the goals and
priorities set forth in Section 4 and subsection 5.1(d) of the Agreement.
5.4 Notwithstanding the foregoing, the City Manager or his designee shall oversee the
League's activities with regard to this Agreement and its operation and management of the Ocean
Front Auditorium, such that the City is assured that the purposes intended by this Agreement are
being achieved and the Ocean Front Auditorium is being operated in the best interest of the City.
SECTION 6. OPERATIONAL EXPENSESIREVENUE FROM OCEAN FRONT
AUDITORIUM RELATED ACTIVITIES/FINANCIAL RECORDS
AND REPORTS.
6.1 Operational Expenses.
Commencing on October 1,2001, and thereafter on each October 1st throughout the
term of this Agreement, and as further consideration for this Agreement, League shall pay to City
all Operational Expenses related to its operation and management of the Ocean Front Auditorium.
This amount, as agreed upon by the City and League to offset the City's cost of building equipment,
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maintenance and utilities, is herein established as $3.50 per square foot/per year, based upon the total
square footage of the Premises, which is approximately 5,055 square feet, or the total annual amount
of $17,692.50. Said annual Operating Expenses charge shall be due and payable monthly.
commencing on October I, 2001, in the amount of$I,475.38 per month. In the event League fails
to pay any Operational Expenses due within ten (10) days of the due date (that is, the first day of
each month during the term of this Agreement), then City may deem League in default of its
Agreement pursuant to Section 26 herein.
6.2 Revenue from Ocean Front Auditorium Related Activities.
The City herein acknowledges that the League may derive additional revenues from
activities it conducts upon or from the Premises, including, but not limited to, archival, book and
other related sales; classes; tours; and exhibitions. The League herein warrants and represents that
any and all activities conducted upon the Premises shall be directly related to and consistent with
the customary operation and management of a public interpretive, exhibition, educational or historic
district museum center, and consistent with Section 4 and subsection 5.I(d) of the Agreement
(including, in particular, the provisions of Article 6 of the Miami-Dade County Charter).
Additionally, any activities conducted upon the Premises shall first be approved, in writing, by the
City Manager or his designee, prior to commencement of same. Said approval shall initially be
obtained concurrent with the execution of this Agreement by the parties, by submittal of the League's
Ocean Front Auditorium Programmatic Plan, as set forth in subsection 5.3, which shall include
proposed uses/activities to be conducted by the League on the Premises, and shall thereafter be
updated by the League, with each new approved proposed use/activity to be conducted on the
Premises.
6.3 Financial Records and ReDorts.
The League shall keep on the Premises, or such other place within Miami Dade
County, Florida as approved by the City, true, accurate, and complete records and accounts of all
receipts and expenses for revenue generating activities being transacted upon or from the Premises
pursuant to subsection 6.2 above, and shall give the City, or its designated representative, access
during reasonable business hours to examine and audit such records and accounts. Within one
hundred and eighty (180) days after each fiscal year during the term of this Agreement, the League
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shall deliver to the City a written annual financial statement, and an audited financial statement every
other year, of the activities conducted pursuant to this Agreement. Said statement shall be certified
as true, accurate and complete by the League and by its certified public accountant.
SECTION 7. NOT A LEASE.
It is expressly understood and agreed that no part, parcel, building, structure, equipment or
space is leased to the League; that this Agreement is an operation and management agreement and
not a lease; and that the League's right to operate and manage the Ocean Front Auditorium shall
continue only so long as the League complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
SECTION 8. ALTERATIONS, MAINTENANCE, AND REPAIRS.
8.1 Alterations. It is understood by the parties hereto that the League shall not be
responsible nor required to pay for any costs related to capital improvements or infrastructure (i.e.
including, but not limited to, plumbing and sewer lines, major electrical, structural, etc.) with regard
to the Premises. Notwithstanding the foregoing, in the event that the League desires or deems it
appropriate to make alterations, additions, or improvements to the Premises, it will submit plans for
same to the City for the prior written approval of the City Manager, or his designee, as well as
obtain, at its sole cost and expense, any and all necessary final design approvals, permits, and such
other requirements as deemed necessary by the City, County, State, or Federal authorities. No such
alterations, improvements, or additions shall be made without the express written approval of the
City and, if approved, shall be made at the League's sole cost and expense and shall become the
property of the City upon termination of this Agreement. The League shall not have the right to
create or permit the creation of any lien attaching to the City's interest in the Premises as a result of
any such alterations, improvements, or additions.
8.2 Maintenance. The City shall continue to have sole responsibility for maintenance
and repair of all facilities, improvements, and facilities and utilities infrastructure equipment on the
Premises. However, notwithstanding the preceding sentence, the League herein accepts the Ocean
Front Auditorium, particularly the aforementioned, in its present "as-is" condition from the City,
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except for "punch list" maintenance items, previously agreed upon by the City and the League. and
as outlined and attached herein as Exhibit "C". All punch list items in Exhibit "C" shall be
completed prior to October I, 2001. The League shall, at its sole cost and expense, and to the
satisfaction of the City, keep and maintain the interior Premises, and all improvements thereon, in
good, clean, and sanitary order. To that end, the parties herein acknowledge, and the League herein
agrees to be bound by, the minimum maintenance standards as set forth in Exhibit "D" to this
Agreement, entitled "City of Miami Beach Minimum Specifications for Maintenance of the Miami
Beach Ocean Front Auditoriwn". It is further understood that the League shall provide the City with
an annual maintenance report, in a format to be approved by the City.
SECTION 9. USE OF PREMISES FOR SPECIAL EVENTSIRECEPTIONS/
COMMUNITY MEETINGS/AND USE BY THE CITY GENERALLY.
9.1 Pursuant to Section 5, the League is authorized and shall have the exclusive right to
utilize the Ocean Front Auditoriwnfor the purposes set forth therein; particularly to develop and
implement the goals and priorities which support and promote the purposes set forth in Section 4 of
the Agreement. In accordance with the stated goals and priorities set forth in Section 4, and the
League's respective operation and management responsibilities, as set forth in the Agreement, the
parties acknowledge that the League may, from time to time, utilize the Premises for special events,
receptions, and community meetings (coIIectively, the Special Uses). Special Uses shall include any
events not approved by the City as part of the League's Ocean Front Auditoriwn Programmatic Plan
pursuant to subsection 5.3.
Notwithstanding the preceding paragraph, with regard to such Special Uses by the League,
it shall first obtain the prior written consent of the City Manager or his designee for said usee s), as
required, and to be considered by the City on a case by case basis. In addition, and as applicable,
the League shall comply with any requirements for special events, as promulgated by the City. The
League and the City herein agree that the Special Uses contemplated by this Section 9 may be in
addition to the uses contemplated by this Agreement and by those approved in the Programmatic
Plan, and therefore shall require the City's prior written consent prior to the League's entering into
any contractual obligation, whether express or implied, oral or written, for such intended Special
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Use(s).
In particular, such Special Uses of the Ocean Front Auditorium by the League shall be
consistent with the goals and priorities set forth in Section 4; the League's operation and
management of the Ocean Front Auditorium, as set forth in this Agreement; and those permissible
uses set forth in Article VI of the Miami-Dade County Charter. Additionally, in the event of
approval by the City for any and all Special Uses of the Ocean Front Auditorium, the League shall
require that all users of the Ocean Front Auditorium, including, but not limited to, its agents,
servants, employees, contractors, and'subcontractors, provide Certificates of Insurance evidencing
appropriate insurance, as shall be determined by the City's Risk Manager. Copies of these
certificates shall be furnished to the City Manager or his designee. Such insurance shall be kept in
full force at all times throughout the period of the intended Special Use. All such liability policies
shall name the City as additional insured.
Additionally, following any such approved Special Use of the Premises by the League, the
League shall provide the City with a written report of the event and, with each such report, shall
include a report of the activities which actually occurred and the number of persons participating in
those activities. Any commercial activity at the Ocean Front Auditorium, included as a component
to such approved Special Uses, shall be undertaken only as an ancillary activity to the intended
Special Use and then only for the purpose of furthering the purposes set forth in Section 4 herein.
Any such proposed commercial activity shall also receive the prior written approval of the City
Manager or his designee. All revenues received by the League in connection with such activities
shall be dedicated exclusively to support the goals and objectives set forth in Section 4. For
purposes herein, "revenues" shall also be deemed to include unrestricted donations and contributions
received by the League, as well as membership fees and dues. No portion of the net earnings
resulting from the activities of the League at the Ocean Front Auditorium shall inure to the benefit
of any private individual.
9.2 Use bv the City. The City shall also have the right to use the Ocean Front
Auditorium, or any part thereof, subject to availability, for the benefit of the community and for such
purposes including, but not limited to, public meetings, receptions, City sponsored special events,
and such other uses as deemed necessary by the City, in its sole and absolute discretion. However,
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notwithstanding the preceding sentence, the City's right to use the Ocean Front Auditorium shall not
be competitive or conflict with, nor impede the League's use of the Premises for the goals and
objectives set forth in Section 4 and subsection 5 .1 (d), pursuant to its operation and management of
the Premises pursuant to this Agreement. In the event the City intends to utilize the Premises, it
shall provide the League with reasonable notice of its intent to utilize same, as well as the stated
purpose for such use, and the League shall use its best efforts to accommodate the City on the dates
requested. However, the City and the League acknowledge that the League's use of the Premises is
primary and the City shall reserve any intended use of the Premises for special and/or extraordinary
circumstances.
SECTION 10.
LEAGUE'S CONTRIBUTION.
The League shall use its best efforts to obtain public/private grant funding and
individual/corporate contributions for the support of the Ocean Front Auditorium. During the initial
term of this Agreement, it is the intent of the City and the League that League-initiated funding
grows on a continuing basis. During the term of this Agreement, the League shall include, with its
Programmatic Plan, its annual proposed budget and, in particular, the funding that it anticipates
raising, and the City shall use such representations in evaluating whether or not to continue with this
Agreement.
The City has identified approximately $ 690,000 from the Series 2000 General Obligation
Bond Program for Phase I capital improvements to the Ocean Front Auditorium. Similarly, the City
and the League herein agree that a vital component of the League's mission statement, with respect
to this Agreement, is to use its best efforts; specifically, to obtain public/private funding
contributions for further capital improvements to the Ocean Front Auditorium (hereinafter, the Phase
II improvements). Accordingly, the League herein represents that it shall use its best efforts with
respect to undertaking a coherent and consistent fundraising effort for the Phase II improvements,
and that any funds and contributions received for same shall be kept and maintained by the League
in a separate fund, which funds shall ultimately be conveyed to the City. The City acknowledges
that said Phase II improvement funds may be conditioned as to the terms for disbursement therein.
To that end, the parties agree to memorialize the transfer of said funds in a separate agreement, to
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be negotiated between the City and the League. However, the League herein acknowledges and
understands that the City shall in no way be obligated to proceed with any Phase II improvements
until and when funding for same has been identified and secured.
SECTION 11.
ASSIGNMENT/SUBLET.
The League may not sublet or assign this Agreement, or any part thereof, without the prior
written approval of the City, which approval shall be given, if at all, at the sole discretion of the City.
Similarly, League shall not act as an agent or representative on behalf of any other group,
organization, or entity, for use or uses set forth in Section 4 of this Agreement, or for any other uses
contemplated by this Agreement by any other group, organization, or entity, other than League. In
the event that League ceases to be a not-for-profit corporation, this Agreement shall be automatically
terminated.
SECTION 12.
USE OF THE OCEAN FRONT AUDITORIUM IS PRIMARY.
The Ocean Front Auditorium is for the use of the public for purposes consistent with Section
4 and the public's right to such use shall not be infringed upon by any act of the League.
SECTION 13.
SECURITY.
The League shall provide reasonable security to protect the Premises and its equipment,
materials and facilities, including any City equipment, furnishings, and fixtures used by League, as
set forth in Subsection 8.2 herein, and shall be solely responsible to the City for any loss or damage
to any City equipment, furnishings, and fixtures so used by League, subject to the City's obligation
to use ordinary care in the execution of its responsibilities hereunder.
SECTION 14. PERMITS; LICENSES; TAXES.
The League agrees to obtain and pay for all permits and licenses necessary for the conduct
of its business and agrees to comply with all laws governing the responsibility of an employer with
respect to persons employed by the League. The League shall also be solely responsible for payment
of any and all taxes levied on the Premises and its operations unless such taxes are caused by actions
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of the City and not anticipated in the budget of the League approved by the City. In addition, the
League shall comply with all rules, regulations and laws of the City; Miami-Dade County; the State
of Florida; and the U.S. Government now in force or hereafter to be adopted.
SECTION 15.
UTILITIES.
Subject to budget limitations, the City agrees to continue to pay for the utilities used within
the Premises, to the extent such utilities (and such expenses) are customary and consistent with the
City's budgeted resources for the Ocean Front Auditorium, including electric, water, gas, and
garbage disposal. The City reserves the right to review said expenses for utilities at any time during
the Term of this Agreement. In the event that such charges exceed the budgeted costs for utilities
for the Ocean Front Auditorium, the City reserves the right, in its sole and absolute discretion, to
amend this Section IS, thereby making League responsible for the difference(s) in any overages for
utility costs. Should the League not wish to be responsible for such difference(s) in utility charges,
the City reserves the right to automatically terminate this Agreement without further notice to
League and further avail itself of any and all remedies to recoup such utility cost(s) from the League.
SECTION 16.
SIGNAGE.
League shall provide, at its sole cost and expense, any signs required by the League at all
public approaches to the Premises. All advertising, signage and postings shall be approved by the
City and shall be subject to all applicable planning and zoning requirements of the City.
SECTION 17.
FORCE MAJEURE.
The performance of any act by League or the City hereunder may be delayed or suspended
at any time while, but only so long as, either party is hindered in or prevented from performance by
acts of God, the elements of war, rebellion, strikes, lockouts or any other cause beyond the
reasonable control of such party; provided. However, that is the condition of force majeure exceeds
a period of ninety (90) days, the City or League may, at their respective option and discretion, cancel
this Agreement.
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SECTION 18.
INSPECTION.
The League agrees that the Premises may be inspected at any time upon with reasonable
notice by authorized representatives of the City, or by any other State, County, Federal or municipal
officer or agency having responsibilities for inspections of such operations and/or premises, and
must be accompanied by an authorized MDPL representative. The League agrees to undertake
immediately the correction of any deficiency cited by such inspectors on the Premises, which is
properly the responsibility of the League pursuant to this Agreement.
SECTION 19.
WAIVER OF INTERFERENCE.
The League hereby waives all claims for compensation for loss or damage sustained by
reasons of any interference with its operation and management of the Premises by any public agency
or official as a result of their enforcement of any laws or ordinances or of any ofthe rights reserved
to the City herein. Any such interference shall not relieve the League from any obligation hereunder.
SECTION 20.
INSURANCE REOUIREMENTS.
The League shall maintain, at the League'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:
General aggregate
Products (completed operation
aggregate)
$2,000,000
$2,000,000
Personal and advertising (injury)
(Per occurrence)
$1,000,000
$1,000,000
Liquor Liability (aggregate) $2,000,000
(Per occurrence) $1,000,000
(as applicable)
b. Workers Compensation Insurance shall be required under the Laws of the
State of Florida.
c. Fire Insurance shall be the responsibility of the City.
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The policies of insurance referred to above shall not be subject to co.m;ellation or changing
coverage except upon at least thirty (30) days written notice to City and then subject to the prior
wrinen approval of Ciry. The League shall provide City with a Certiticate ot' [nsurance tor each such
policy. which shall name the City as an addition:ll named insured. All such policies shall be
obtained from companies authorized to do business in the State of Florida with an A.:'v1. BeSt's
[nsurance Guide (latest edition) rating acceptable to the City's Risk Manager. and any replacement
or substitute company shall also be subject to the approval of the City's Risk Manager. Should the
League fail to obtain, maintain or renew the policies of insurance referred to above, in the required
amounts. the Ciry may. at its sole discretion. obtain such insurance. and any sums expended by City
in obtaining said insurance. shall be repaid by the League to City, plus ten percent (10%) of the
amount of premiums paid to compensate City for its administrative costs. [fthe League does not
repay 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 be deemed an event of default
hereunder.
SECTION 21. INDEMNIFICATION.
21.1 The League shall indemnify, hold harmless and defend the City, its agents, servants
and employees from and against any claim. demand or cause of action of whatsoever kind or nature
arising out of error, omission, or negligent act of the League, its agents, servants or employees in the
performance of services under this Agreement.
21.2 [n addition, the League shall indemnify, hold harmless and defend the City, its
agents, servants and employees from and against any claim, demand or cause of action of whatever
kind or nature arising out of any misconduct of the League not included in the paragraph in the
subsection above and for which the City, its agents, servants or employees are alleged to be liable.
This subsection shall not apply, however, to any such liability as may be the result of the willful
misconduct of the City. its agents. servants or employees.
21.3 Subro!!ation. The terms of insurance policies referred to in Section 20 shall preclude
subrogation claims against the League. the City and their respective officers. employees and agents.
SECTION 22. NO LIENS.
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The League agrees that it will not suffer. or through its actions or anyone under its control
or supervision. cause to be tiled upon the Premises any lien or encumbrance of any kind. In the
event anv lien is filed. the Le::Hzue al!rees to cause such lien to be dischamed within ten (10) d::tvs
~ .... - .....
therefrom. ::tnd in accord::tnce with the ::tpplic::tble l::tw ::tnd policy. If this is not accomplished. the
Citv m::tv autom::tticallv terminate this A\Zreement. without further notice to the Le::tl!ue.
.. . - ....
SECTION 23.
LEAGUE E:YIPLOYEES AND MANAGERS.
The City and the Le::tgue recognize that in the performance of this Agreement. it may be
necess::try for the Le::tgue to ret::tin employees and/or managers to effectuate and optimize the
League's management and operation of the Oce::tn Front Auditorium. Any employees. agents,
independent contractors. volunteers, and/or other individuals and/or entities retained by the League
for such purpose(s) shall not be deemed to be agents, employees. partners, joint venturers or
associates of the City and shall not obtain any rights or benefits under the civil service or pension
ordinances of the City or any rights generally afforded classified or unclassitied employees of the
City; further they shall not be deemed entitled to the Florida Worker's Compensation benefits as
employees of the City. Additionally, the League and any persons employed by it, or volunteers
acting under the authority and/or with the permission of League, shall never have been convicted of
any offense involving moral turpitude or felony. Failure to comply with 1his provision shall
constitute a violation of this Agreement. The League shall have an experienced manager or
managers overseeing the Premises at all times during regular business hours. Anv criminal activity
........ '-' - . "'
on the Premises caused by or knowingly permitted by the League shall result in automatic
termination of this Agreement.
SECTION 24.
NO IMPROPER USE.
The League will not use, nor suffer or permit any person to use in any manner whatsoever,
the Premises for any improper or immoral purpose, or for any purpose in violation of any Federal,
State, County, or municipal ordinance. rule. order or regulation, or of any governmental rule or
regulation now in effect or hereafter enacted or adopted. The League shall not use the Premises for
any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now
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in force or hereafter adopted. applicable to the Premises or the business (es) conducted on the
Premises.. Except as may result from acts of torce majeure. the League agrees that it will not allow
the Premises to become unoccupied or vacant. The League shall take appropriate precautions to
prevent tire on the Premises. maintaining e.xisting fire detection devices and extinguishing
equipment at all times.
SECTION 25. .
NO CLAn'l AGAINST CITY OFFICERS, EMPLOYEES,
INDIVIDUALS.
It is expressly understood and agreed by and between the parties hereto that all individuals.
employees, officers, and agents of the City are acting in a representative capacity and not for their
ovm benetit; and that neither the League nor any occupant shall have any claim against them or any
of them as individuals in any event whatsoever in conjunction with any acts or duties which are
reasonably related to the performance of their duties.
SECTION 26.
DEFAULT AND TERI\-IINATION.
If either party fails to pertorm in accordance with any of the terms and conditions of this
Agreement, and such default is not cured within fifteen (15) days after \VTitten notice is given, the
aggrieved party shall have the right to immediately terminate this Agreement and, as the case may
be either vacate or re-enter the Premises without further notice or demand. At its option, either party
may also pursue any and all legal remedies available to seek redress for such default.
SECTION 27.
TER.:'\1INATION FOR CONVENIENCE.
Notwithstanding the provisions of Section 26 above, this Agreement may be terminated by
the City, for convenience and without cause, upon the furnishing of one hundred and eighty (180)
days written notice to the League.
SECTION 28.
NOTICES.
All notices from the City to the League shall be deemed duly served if mailed bv registered
-..... .....
or certified mail to the League at the following address:
16
_.__._._~---_._-_...- .-..---- -..--". .--,...-- ----
----..
Miami Design Preservation League. Inc.
- -
Attention: Executive Director
P.O. Box 190180
Miami Beach. Florida 33119-0180
League Chairman will also be informed of such action. via confirmed fax or hand deliverv.
- -
Michael Kinerk. MDPL Chairman
Fax 305-376-3679
All notices from the League to the City shall be deemed duly served if mailed to:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(with copies to the City Attorney's Office)
The League and the City may change the above mailing addressed at any time upon giving the other
party wTitten notification. All notice under this Agreement must be in writing.
SECTION 29.
NO DISCRIMINATION.
The League agrees that there shall be no discrimination as to race, sex, color. creed, national
origin, physical handicap, or sexual orientation in the operations referred to by this Agreement; and
further. there shall be no discrimination regarding any use, service, maintenance' or operation of the
Premises. All facilities located on the Premises shall be made available to the public; subject to the
right of League to establish and enforce reasonable rules and regulations to provide for the safety,
orderly operation and security of the facilities.
SECTION 30.
VENUE.
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
17
-
SECTION 31.
L1MITA nON OF LIABILITY,
The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement. so that its liability for any such breach never exceeds the sum of 5 I 0,000. Contractor
hereby expresses his willingness to enter into this Agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of510.000,
less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement,
provided that Contractor may remove its improvements to the premises upon involwllary termination
of this agreement..
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess
of510.000, which amount shall be reduced by the amount actually paid by the City to Contractor
pursuant to this Agreement. for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability as set forth in Section 768.28. Florida
Statutes.
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and
their seals to be affixed; all as of this day and year first written above.
~f
CtyClerk d M~
CITY 0_1 BEACH
Neisen Kasdin. Mayor
Attest:
~~
18
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(\ ~ (1/IID 7
, \1-' ~
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
--Ii-,
~e foregoing instrument was acknowledged before me this H day of
.JJ2f~ ' 200 I, by Mayor Neisen Kasdin and Robert Parcher, City Clerk. or their
designees respectively, on behalf of the CITY OF MIAMI BEACH, knO\NTI to me to be the persons
described in and who executed the foregoing instrument, and acknowledged to and before me that
they executed said instrument for the purposes therein ~ressed~. .
WITNESS my hand and official seal, this iJ..!.. day of ~. 2001.
,
~JS>~hd~
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
OFFJCIALNOTARYSEAL
L1LUAN BEAUCHAMP
NOTARY I'UBUCsrATE OF FLORIDA
COMMISSION NO. CC738372
MY COMMISSION EXP. APR. 29.2002
STATE OF FLORlDA
)
)
)
SS:
COUNTY OF MIAMI-DADE
foregoing instrument was acknowledged before me this -.f!!-aay of
, 200 I, by Michael D. Kinerk, Chairman of Board, on behalf of the MIAM]
IGN P SERV A TlON LEAGUE, INC., knO'Ml to me to be the persons described in and who
. ecuted the foregoing instrument, and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
\VITNESS my hand and official seal, this 9ii.uay of ,200!.
Public State of Florida at Large
ssion No.:
ommission Expires:
\,111"1 J d'
~""~~.~f.{/J'''-:" U I th Berson .
::"('&'\i:~COIDl!li"iOn # CC99Z1llO
~"::'., l~~ EJpiru JID. 9,200:5
~..~1'''".,()~:- SoDded Thru -
",,9.:,1\.\<" AllAnll4lloo4laa 00., r..
RIAI.Ir...
, \A T'roVlGtJItIAGR.I!E....NT\C...ROl'OCTR,MGT
19
Exhibit "A"
OCEAN FRONT AUDITORIUM
PREMISES INCLUDED IN MIAMI DESIGN PRESERVATION
LEAGUE'S MANAGEMENT AGREEMENT WITH THE CITY
OF MIAMI BEACH
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Exhibit "R"
MIAMI-DADE COUNTY CHARTER PROVISION
ARTICLE 6
PARKS, AQUATIC PRESERVES, AND PRESERVATION
LANDS
Sec. 5.07. Franchise and utility ta."'Ces.
Revenues realized from franchise and utility
ta.xes imposed by municipalities shall belong to
municipalities.
ARTICLE 6. PARKS. AQUATIC
PRESERVES, ANn PRESERVATION
LAi',nS'
:"1ote- Thi$ Article does not apply to municipal property
owned by Coral Gables, Hialeah. Hialeah Gardens, Miami,
Sw~etwater and West Miami. See Section 6.04.
Sec. 6.01. Policy.
Parks, aquatic preserves, and lands acquired by
the County for preservation shall be held in trust
for the education, pleasure, and recreation of the
public and they shall be used and maintained in a
manner which will leave them unimpaired for the
enjoyment of future generations as a part of the
public's irreplaceable heritage. They shall be pro:
t2cted from commercial development and exploi-
tation and their natural landscape, flora and
fauna, and scenic beauties shall be preserved. In
lands acquired by the County for preservation and
in parks along the Ocean or the Bay the public's
access to and view of the water shall not be ob.
structed or impaired by buildings or other struc.
tures or concessions which are in excess of 1,500
square feet each. Adequate maintenance shall be
provided.
(Added 3.16.931
Sec. 6.02. Restrictions and exceptions.
In furtherance of this policy parks shall be used
for public park purposes only, and subject to the
limited exceptions set forth in this Article, there
shall be no permanent structures or private com-
mercial advertising erected in a public park or
private commercial use of a public park or re-
newals, expansions, or extensions of existing
leases, licenses, or concessions to private parties
of pub lic park property. unless each such struc.
ture, lease, license, renewal. expansion, exten.
sion, concession or use shall be approved by a ma-
jority vote of the voters in a County.wide
-:'fote-Article 6, per....aining to the metropolitan court. was
deleted by the electorate on June 7, 1977.
Supp. ~o. S
Ci-HjT;'S:<
1 -)_)2
referendum. To en51Jre aquatic preserves, lands
acquired by the Cuunty for preservation, and
public parks sr par:s thereof which are natur~
preserves, be.:J.ches, natural forest areas, historic
or archeological areas. or other,vise possess unique
natural values in their present state, such as
Matheson Hammock, Greynolds Park, Redlands
Fruit and Spice Park. Castellow Hammock,
Crandon Park, Trail Glades Park. Deering Estate
Park Pine Shore Park. Old Cutler Hammock,
Cha~man Field, Tamiami Pinelands, Wainright
Park, Larry and Penny Thompson Park, Whis.
pering Pines Hammock, Mangrove Preserve.
Owaissa Bauer Park, Fuchs Hammock, Black
Point Marina, Simpson Park, Sewell Park, Barnes
Park. Virginia Key, mangrove preserves, and all
other natural or historical resource based parks
do not lose their natural or historical values, any
structure, lease, license, renewal, extension, con-
cession or use in any of this class of public parks
or in aquatic preserves and preservation lands
must be approved by an aflir,native vote of two.
thirds of the voters in a County-wide referendum_
No park shall be designed to be used beyond its
appropriate carrying capacity and to the extent
required by law all parks and facilities and per.
mitted special events and concessions operating
in the parks shall be fully accessible to persons
with disabilities. Nothing in this Article shall
present the maintenance of existing facilities or
the construction, operation, maintenance, and re-
pair by government agencies or private operators
of or issuance of temporary permits for:
(AI Appropriate access roads, bridges, fences,
lighting, flagpoles, entrance features. picnic
shelters, tables, grills, benches, irrigation
systems, walls, erosion control devices, util-
ities, trash removal, parking and security
and fire facili! ies for the primary use of the
park system;
@ Food and concession facilities not in excess
of 1,500 3quare feet each to service park
patrons;
(C) User-participation non-spectator recreation
and playground facilities, golf courses and
golf.course related facilities, and athletic fa.
cilities and bandstands and bands hells con-
taining less than 1.000 spectator seats;
21
t 6.02
DADE COUNTY CODE
iD) Facilities for marinas, sightseeing and
fishing hoats, visiting military vessels, and
flShing;
IE) Park signage and appropriate plaques and
monuments;
IF) Rest rooms;
(G) Fountains, gardens, and works of art;
IH) Park service facilities, senior, day care and
pre.school facilities, small nature centers
with not more than one classroom;
(!) Film permits, temporary fairs, art exhibits,
performing arts, concerts, cultural and his-
toric exhibitions, regattas, athletic contests
and tournaments. none of which require the
erection of permanent structures;
(J) Advertising in connection with sponsorship
of events or facilities in the park, provided
however all such facilities and uses are com-
patible with the particular park and are
scheduled so that such events do not unrea-
sonably impair the public use ofthe park or
damage the park. No park facilities, golf
courses, Or County lands acquired for pres.
ervation shall be converted to or used for
non.park offices, purposes, or uses. The
County. the municipalities, and agencies or
groups receiving any public funding shall
not expend any public money or provide any
publicly funded services in kind to any
project which does not comply with this Ar.
ticle. No building pemtit or certificate of
occupancy shall be issued for any Structure
in violation of this Article. The restrictions
applying to parks in this Article shall not
apply to the Dade County Youth Fair site,
Metro Zoo, Tamiami Stadium, Haulover
Fishing Pier, the Dade County Auditorium,
the Museum of Science, the Gold Coast Rail-
road Museum, Vizcaya Museum and Gar.
dens. Trails Glade Range, the Orange Bowl,
the Commodore Ralph Munroe Marine Sta.
dium, the Seaquarium, Curtis Park track
and stadium, Fairchild Tropical Gardens,
and mini and neighborhood parks except
that no mini or neighborhood park may be
leased or disposed of unless a majority of
the residents residing in voting precincts
~pp. No.8
any part of which is within 1 mile of the
park authorize such sale or lease by ma.
jority vote in an election.
(Added 3.16.93)
Sec. 6.03. Enforcement and COD.Struction.
All elections required by this Article shall be
held either in conjunction with state primary or
general elections or as part of bond issue elec.
tions. The provisions of this Article may be en.
forced in the same manner as provided in Section
IC) of the Citizens' Bill of Rights of this Charter.
The provisions of this Article shall be liberally
construed in favor of the preservation of all park
lands, aquatic preserves, and preservation lands.
If any provision of this Article shall be declared
invalid it shall not atTect the validity of the reo
maining provisions of this Article. This Article
shall not be construed to illegally impair any pre-
viously existing valid written contractual commit.
ments or bids or bonded indebtedness.
(Added 3.16.93)
Sec. 6.04. Jurisdiction.
Except as otherwise provided herein the provi.
sions of this Article shall apply to all County and
municipal parks, aquatic preserves, and lands ac.
quired by the County for preservation now in ex.
istence or hereafter acquired; provided that if this
Article was not favorably voted upon by a ma-
jority of the voters voting in any municipality at
the time of the adoption of this Article the munic.
ipal parks of such municipality shall be excluded
from the provisions of this Article.
(Added 3-16.93)
ARTICLE 7. INITIATIVE. REFERENDUM,
AND RECALL
Sec. 7.01. Initiative and referendum.
The electors of the county shall have the power
to propose to the Board of County Commissioners
passage or repeal of ordinances and to vote on the
question if the Board refuses action, according to
the following procedure:
III The person proposing the exercise of this
power shall submit the proposal to the
22
Exhibit "C"
PUNCH LIST MAINTENANCE ITEMS TO BE ADDRESSED BY
THE CITY AS INCLUDED IN MIAMI DESIGN
PRESERV A nON LEAGUE'S MANAGEMENT AGREEMENT
WITH THE CITY OF MIAMI BEACH
MIAMI DESIGN PRESERVATION LEAGUE
POST OHIC~ eox 100180. M1AMJ BEACH. FlOAlDA 3311 Q~l eo
(3M) 672.~014 fAX (305) 672-4!19 www.mdpl.Qrg
Jorge Gonzalez, City Manager
Mayra Diaz-Buttacavoli, Asst. City Manager
1700 Convention Center Drive, 4111 Floor
Miami Beach, FL 33139
Dear Jorge & Mayra,
First of all, thank you for your support and fast track of the MDPUCity of
Miami Beach agreement for an Interpretive Center. Museum and Capitman
Archives at the Ocean front Auditorium. As you have seen, MDPl is committed
to this project, and is anxious to move forwarclln its implementation. We will be
sending our comments on the management agreement to you this colTllng week,
with the expectation th8t the City Commission will revi_ it this June.
Today the County awarded MDPl a Capital Grant for matching funds,
which will be used for walking tour audio equipment and comptlters to house the
historic buildings database, both of which will help get us started with the
Interpretive Center concept. We hope to apply again during the next grant cycle
for renovation and facility improvement funding. This can only occur once \Ve
have a written agreement from the commiaeion for this project.
On another note, we need to address b.sic maintenance and property
management iSSues with the auditorium. As requested by you, Mayra, attached
is a preliminalY list of the current needs of the fac:llity. This is not reflective of
IVC, roof or life safety/ADA issues. which we understand will be covered by the
G.O. Bond funding for this facility.
Please help us to repair these items aa soon as possible. It will greatly
improve the perception and usage of the facility.
Thank you for your time and attention, and I look forward to wortdng with
you on this and many other projectsl
May 18, 2001
Executive Director
Miami Design Preservation I.eSIgue
c.c. MichMl K1nerl1. MOPL
Ocean Front Auditorium Maintenance Issues
May 18, 2001
Repair inoperable door on East side of Auditorium (front entrance).
Repair & paint rusted stair railings on South West corner of building.
Replace Ale pan & brackets on exterior of 2114 ft. office.
Maintenance painting of exterior front. interior lobby & bathrooms.
Replace broken (cracked) glass in windOW (2"". ft.) on front of Auditorium.
Fix lock on North East double doors of Auditorium (door sticks & stays
open)
Turn on fountain in lobby.
Turn on clock in lobby.
Repair, replace gutter over Auditorium entranceWl!lY.
Repair, replace exterior building lighting (for safety & security of building)
Repair, replace glass on ground ftoorwindows, South side of auditorium.
--,
Exhibit "D"
Minimum Maintenance Standards
F or Oceanfront Auditorium
BID NO.
DATE:
5j. OCEAN FRONT AUDITORR.i1"f;(11,88.o;sq.ft.) One Story Stn.Icmre
(:'Ylulti-use .large room, Stage areas, Dressing rooms, Stairwells, bathrooms, Entry.
and Lobby. Outside entrancewaysshould be included f()r the cleaning of litter
and washdown.
5j. (1) The floors ofrhe building to be serviced consist of terrazzo, linoleum, and
concrete areas.
5j. (1) There are t.'lree (3) bathrooms wfuch require cLeaning.
a. Lobby has two (2) bathrooms,
b. Backstage hasorte (l) bathroom which require cleaning.
5j. (3) There are """0 (2) water fountains which require cleaning.
a. Lobby has one (1).
b. Backstage has one (I).
40-97/02
2/20/98
CITY OF MIAMI BEACH
5
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.
Jl)n 21 '01
11 :29
P.02/06
\
'.
Qf.FrSTTTO".:,
Oetii1~iri~)il:' ~;.\S U5~r: ~hroughour chis st.:aemerH or ....-ork, ~he FollO',At-ing cerms shaH r.,J,ve the
mearuI1g Set tor:h b~jo\.\.':
A .-l.nL. A~c~pl:lblc Qualiey Level The IT:J":i'Tl~m percent of defective work, or
;lumbl!r' ('fdefeCts, ~har wiHbe aL~owed befure:: \....ork is considered uns41cIsfacroI)", A_,;
AQL dee-s: not impiy chat the Contractor IT:&Y ;':nowingly perform ir. an unsati5f3.c~o.'-':
\\".1y It implj~s that the CitY' reco,g!'llze.s char lH1S.1t:sfactory perfbr:nanct somerime~
hJppens urunler.ricnally. As long as l,lr.sacisf:J.crory perft)m1ance does not ex:ee~j t!-:e
...\,.(~L ,th~ ser.ice .....,[[ not btl subjeCt to payme::.r r::ductiorl by the Cir\'. The
C Clitr3:ctCf. r.cwt':-ver, must re-pecform alJ unsari3raCrOf'\.' v/ork unless excused bv the
r;-.... ~.
~ ,~.
B
C,"'nrr.JCi ~dminisrracor'
;~:-tormar.ce.
The City persor: r:::$pOr1sible [or checking cor::ractOi
c \\T\UO'.V:L \Vi,ndc\\'$ are the gla5,~ SL:rfacf:$ \....r..ich are l:1 ;nr~gra1 part of :h~ o~:~;
$;':"-::1,;;:: C:~lht ~:l:.;d;ng.
C!~:!!'! I["1!:er:cr \.V1ndow S.u,-taces:, ,.;.z':er ;,\,cnd0'.v ~a$ ~~cn de;:..i'1c':: :~Il r:.:1ces
0C clrr.. C~rt, smudges, wace~' a,1C ocf;~:- for,::g:-: mJ.~rc:r shtdl be jerr_o....~::: r....om
t:-3.mes. ca.Slng.s, sells, and gla.5.s.
(Ie:ln E\"erior Window Surf:1ces ,-\.ii:er a window has bee:! ckar.ec all
tf.1ce.s' of film, din, smudge, ",VateI" ar.d ocher foreign matter sh:!1! nave be~n
iemoved form frames. casings. sills a.TJd glas:; Screens shall be ciea....l ro t.~e
same 3t:!.!ldard.
D. RE\(OVE TRASH: All waste bask~5,cigaret!e but! receptacles (ashtrays. etc.), 3..'1d
ocher trash conrainers within ehe area shall be emptied and returned to their initial
location. Boxes, cans. and .papers, placed ne",r a trJ.Sh receptacle and marked
"TRASH" shall be removed. Any obviously soiled or tom plastic trash receptacle
liners in such recepracles shall be replaced. Ashes and debris shall be removed from
cigarette bun receptacles and placed in a nonil:lmrnabie container. Trash shali be
disposed of in plasric bags secured with baiZ ries. The contractor shall pick up any
rrash that may fJ.lI onto ehe facility or grounds during the removal of such collected
trash. The trash shall be deposited in the nearest ourside trash collection poim.
E. V--"Ct;U:vr CARP~T Afterbeing vacuumed. the car;:>ered floor shall be free of ail
visible litter a:ld soil. A.ny sporS. shall be removed as soon as noticed. }\.!l tears,
bums, and raveling shall be brought to the attention ofrne QA1O.
F fLOOR MAJ;>.iTE:-;/u'J"CE: All floors assessable to floor machines shall be
maintained by use of such machine unless otherviise stated in the bid specifications.
After receiving tloor mainrenancethe entire floor shall have a uniform coaring of a
nonskid floor finish. have a uniform. glossy appeMance, and De. free of scuff marks,
BID ~O.
DATE:
40-97/02
2/20/98
CITY OF MI.....'vfl BEACH
26
BID NO
DATE:
]un 21 '01
11 :30
P.03/06
ht:~! ih:.lr.~S, :J.n<i other stains J.nJ di~col(jrJcion:;. All tloor rTlJ.inc~rt.Jnc~ solwj"l'ls shal:
~~:;:: r'e':!l,Jved rr~)m basebo.:J.rds fu{ni:'-.:~e rril.sn receptJc!c:s, eec Ch...jr.:i tr~s:"
r~\:~p(Jcre$ ar;j easily movabfe' items shalL be tilted or rr.oved lO main~n' flo~r~
~"der","ch ..>JI moved items shail be rerurned to their proper position when ail
0pcrJ.tions h.J\'c b~en cornpterct!. Floor ri:.1inrenance includes the :echaiql.les of cr.;
bl..l.ffi.r.g. sproy buffing, s!sippir.g. and ..l..;~:<lng as required :0 achieve :he above s"ta~e~
:--:slllts The !~ch.I1lque$ us~d dep-end llpon tht i':"":acerials, equipmenr, C3.nc persoi'..I':'~!
1~5cd rer ct,) (h~jcb The COr1trJ.C:r.:f need !:\)( apply :he teci1n.iqIJes to the entire tloor
:..:deS5 ncce.$5J....y. only CO [he portion (;f [h~ tloor needing: \.....ork ro bring ~::e erlli:~
~~O('\: t..:p ~o ~h~ ;;it.J.rrd.Jn:.
G llQP flOORS Ail accessible a:~as shaJ! be mopped Chairs. rrash ,ecepracles, ,,-~d
.:'2:5:1y ::1ove.1bl>: items ~haH bemo.vect co mop ur.d~~eath. A....=cer being mopped~ rhe
., h {' h . - . ,-' I , .
...cor S .il ~ ;.\."!:: J unJtOrT!1 app~;lrance, \\ith r.o s~rea~s. S\.l,,1f. t:1ar~.s, cererge:"l::
:"~S;Cl;~. or an;: :',.idence of soil, $ta!n.s. fi:m, cebris or $~~ncir.g wJrer. The....~ shaH :.~
i:';' $pb.:;h r~J.:;':.;: .:Ji GlOp srto;';Jks- on ~rni;:-ure. '.v:l!!::, b~$eb0a:,i$, e::c. or r:1Cp St:.a::C5
:'~::1:.-ur,;;:g i~1 :;i..:" Jr:::~. Do not r:'tOp \"',:~oJ or carpe:~d t!oors.
H S\....-.EE? FI.OC'R~ A.!t<:r thctloor has be~7:';-: .~'.vep[. rhe e~ULre t;OC( surtacer ~r.d~~:,;,g
C2rr.~;s 3.."1d J.r:u:trr:e!1[$. ~h.1!1 be f.'~e of I!cce:-, dust and foreign .-:ebris C!1a:rs. t:':tsh
r.e-.:=;'ltJ.des, ~v:d r:3.':~jly rno....~eabIc iter.:5 shan be r:lred or mov~d. to sweep unde:-nea!::i.
1. \\..IJ.K-OFF \{-\T CU::.""-:\i1",.G. Carper-;;vp" enteance mars shall be vacl.'umed to
r,;move soLl and grir and to restore resiliency oirhe carpet pile. Rubber or poi;;ester
em!.1!"rce mars snail be sweet vacuum~d or hosed.down outside to remove soil a.id
. . .
g:1t. SoLland moisture Ulldemearh entrance mats shall be removed and mars returned
to rheir' normal iocarion.
J. LOW DUSTNG. After low dusting ajj dust, lint, lit!ee, and d:y soH shall be
re:r.oved from the horizoncal surfaces of desks, chairs, file cabinets. arId other types
oi offieef.lmirure and equipment and from horizontal ledges, window siUs, hand
rails. ere to a line T.O" above tloor level.
K. HIGH DUSING. .-\iter high dusting all dust. lim, litter, and dry soil shaIl be
removed from all surfaces above
7'.0" from the top of the tloor surface. Venetian blinds. where.inst31led, are included
in high dusting.
40-97/02
212019S
CITY OF l'vlJA.Jvll BEACH
27
'.
BID NO.
DATE:
Jun 21 '01
11 :30
P.04/06
L
SPOT CLE.-\:'-if:\iG Remove smL:dges. fingerprints. milrks. streilks. etc. ITom
\\;ashable surtJCcS of walls, partition;;, J::,>ors. Jnd fi:-:ture:;. Gerli'jcidz.f de!ergent
shall be used in rest rool1".s. locker rooms. break areilS. and drinking fountains. Brass
hardware. aluminum bars, and other metal on doors and cigaretteL:rns shaH be
polished with a ~olishing compound. Al:erspot cieaning. the surface shall have a
';!~:J.tl., unitonn appear31lcc. free of streak.;;. SPO(5 and ,..nher e'/:dence of reJ':1o.....ed soii
\f. CLEAN DR.f:\'Kf:\iG ;:OU'-iT.-,8"S Disinfect ail porcelilin and polisi:ec metal
:,ur"faces. incJudLng the oritices and drain. f'....=ce:" c!ea.ni~g, th~ entire drinJc..!ng :C~r:L":l.!::
jr:aIf b~ ti-ee t--J17: streaks. :HJ;ins. SpOts, s::":udge:s, scale, ar.d othl?: 001/:01..:$ soil.
N. CLEA.'iTNG OF GROrJ",US Interior coum. grounds and sidewalk.' shai: be free
ct'trash and refuse. Paper. emp'y bottles, and CilDS shall be removed.
o CLEAN UGHT FDCfTJRE;;. .AJier c!ea.--ur.g. Eg.';t fixtures shail be fre, 0fb~;;s. c:n.
CU$(, gre.J.S~. and or~er t-~)(~ign rnaC!::T
P. 0L...:1..SS' CLJ;..:.\.:\iTh'...Q. ri1dud~s all gla.ss ~l~r::_[:c:-:'$. L~::::rior 3...~d. ~:-.."ter:or g:~$S docrs.
ci:iFiay ~J.Ses. djr~::!'::'l"}' boards. dran 5hi~lds on ..v:~d(J..vs, mirrors and a.::j2.c::;:;t trim.
~"\...'=::~r gl:rss cleaning d:ere $haH. be no trilc~~ elf ~!im, Girr, smudgcs, vv'a:e:- ~_-:~ C't.1C"i"
for~jgnmatter.
Q DESCALE TOfLEY BO\"'-(.5 A.1"lD f)'RIl'iALS .AJter descaling, the e"rire 5,-,~face
stall be free from streaks. stains, scale, scum. urine deposits, a.~d ruSt stains.
R. RESUPPL Y REST ROOMS: R.estrooins shall be stocked so that supplies do nOt run
out.
s. BASrC CLEk"lNG: Tasks ncirmaJJy done together on a weekly or morc freque:1t
basis.
T. PERIOD!C CLE.....".HNG. Tasks done at less frequent intervals. Normally done as
project ~ork.
U. CLEANTVG IN CONCESSION AREAS' Contrac:or is required to clean concession
areas only [0 [he extent indicated herein.
40-97/02
2!:20/98
CITY OF M1Mv:fJ BEACH
28
Jun 21 '01
11 :31
!-'.U~/Ut>
. .
'.
.-
:'
em' FTJRNISREO PROPERTY ASO SERVICES
Premises and [;cil;ci& The City shall furnish. w;lhout cost to the. Conrr3.ctor, designated
space in buildings and a reasonabLe amount of utilities from existing sources. These utilities
are to bo: :Jso:d only in conntOCtion with the performance of til,S contract.
A. The contraCtor shall maintain Such building space to the same standards as similar
oreJS occ:Jpied by the City
8. The cOntractur will not make any alterations to the space except with the written
approval of the City.
C. The contractor shaH vacate such building space and restore the premises to the
condition in which received,at, his expense. t;tir we.1r and teal' excepted, by ~he time
";tted for comrac: completion.
CONTR"-CTOR: FURNISHED ITEMS
1. iVf.neria.Is' Th~ Contractor sh~!1 'furnish- all ma~e:ial$ r.e~:essa{'y ~Ci pertl"\rT!l t!1e :asks
specified in thecomr!".
2. ",cruitlmem and To.Qii:. The Contr:lctor. shallfumish ail ecuiomenr and cools nece-ssuv ,0
properly pe:fori::i the work do:r,ned in t.hiscolmac: . . .
A All equipment shaH have bumpers, and guards .0 prevent marking or scratching of
li:;rures, furnishings. or buildingsurt"aces.
B All electrical equipment usedby,the.Contraccor shall meet all safety requirements of
. this contract' and shall be UL approved. This equipmen: must operate using existing
building circuits. It shall be the responsibility of the Contractor to preVent the
o.peration: or attempted operation of. electrical equipment. or combinations of
equipment which require power exceeding the capacity of existing building circuits.
C. The Concractor shall furnish: and use bearer bar type vacuums for carpeted floors.
All vacuum cleaners shall have Bep:i Filters.
3. Ptasric Trash Can Liners: The ContractOr shall furnish plastic trash can liners for each trash
Can.
4. . Rest RoomSurlli!ies: The Contractor shallfumishthe following restroom supplies. Samples
ofmateria/s shall be submitted to the City for approval prior to contract start and whenever
a change occurs.
BID NO.
DATE:
40-97/02
2/20/98
CITY OF ML'\l\.1l BEACH
29
,te: 8/31/01
-351-8113
Time: 10:12 AM To:
Page: 002-003
@l 1-305-672-4318
l-S
{'l i Qn+~' "-Q" MIAMTDES
,4. rnRT> CERTIFICATE OF LIABILITY INSURANCE I DA'fli.,M.\\IOll/Y'YJ
08/31/01
PRODUCER nns CERTIFlCATE IS ISSUED AS ..\ lVtATTER OF INTOIDtL"'-TION
cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS CPON THE CERTIFICATE
P.C. Drawer 9328 HOLDER. nus CERTlFlCATE DOES NOT A\IEND, EXTEND OR
ALTER TIlE COVER'OE AFFORDED B\' TIlE POUClES BELOW.
5800 N. Andrews Avenue
Fort Lauderdale, FL 33310-9328 INSURERS AFFORDING COVERAGE
INlilLRED lNS-.:/tIUl.A' scottsdale Insurance Co.
Miami Design pressrvation League :NSt.:iI!.RE: Florida Retail Federation
P.O. Box 190180
MiaIlli Beach, 33119 fNSL'RF.R'::
FL
<Ni5'L'RaIlD:
I lNSt.:R.ER.E:
COVERAGES
THB POUaBS OF !NSt"RANCE LIsreD BELOW HAVE BBEN ISSL"lD TO THE I~SURED KA.'\ruD ABOVE roIl. 'mE POLICY PBRIOD INDICA'rnD NOTWlTHSTA.l'ofDLN
ANY REQUIRFMENT TI!R." OR CONDITION OF ANY CONTRAC'r OR OTHER DQCCMENT WITP. RESPECf TO WHICH TIllS CERTIFICATE'. MAY HF. ISSUED 0
MAY PERTAI~, THE Ir\SURAN"CE AFYORDW BY THE POUUES DESCR.JBED HEBEIN IS Sl'ISJECT TO All THE. TERMS, EXCLUSIOr\S AND CQNDmONS Of SL"Cl
pouaES. AGGREG..~TE LIMITS SHeWN MAY HAVE BE!'!.K Rl!.m.:am BY PAlD CUJMS.
;r~ TYPI OF 1l'f8URANC! !"Olley NUMBEa. ~:.~c,.,Y,~~~,,~~\'v~ ?OLlCY nPIR.liVi?,N UIlo!ITS
A 2!NBlRAL U4BIU'l'Y CPS0379377 09/27/00 09/27/01 RACH O--"-'l:RREN03. f1.onO.QCO
1l01:(i>RCw...::>ENR:{A1.LlAeLii' FIRS r.:AMA:;E ~~. ~M f1~~ .100 000
('LAlMSM..DB W ':C'='~'"R MJlD::tXP(~t;O!"""""(>l':-) .5 000
- ?:i!RSO:-!AL <It. ADV INJURY .Excl'Jded
- GIl~B.RAL AGOREGATB .2 000 000
~l'[.,A:;GR.Bn~IVrrAPnPER: PR.\:DCCTS - CCMPr.;P A0:l ,2.000 080
Due',' ! ~:.s; LlX
~""T'Q\IOBltE L1ABILlry 'X'MBINED 5:NGL::t L1M17 .
ANYAllTO f[lb""d"""t'
-
- ALL '='WNi:lD .....:..nos ~C:.':LY I.\lJURY
.
SCHBDllLBC, ALn'OS (F'!~ ?tf'"on)
-
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.
- NON'.O'IVNRDAUTOS lJ'e:'_i~;
- PRnPlR'!'Y!)i\MA:=ii! .
,PS<'!GCI<::en:Y
~'G&U""'UTY AIJTOONI.Y. "iA.....C:1j)B"lT .
ANY AUTO CT ;.;:eJ;: THAI' a....A..:-:: .
ALl'!'e, ':>>lL Y: ..\.'X. I
~Egs LIABiUTY l!.ACH .:::r~-RRaN'::l!! I
OCCUR. 0 CLAlMS MA::iH A.GORE-:ih,::t I
I
1DI!.DIJ'~l!JL.l I
RETKNT:ON . .
B Waua:RSCOMPEN8ATION A.~ 520206170000 01/01/01 01/01/02 X I.,\yC.~';-'f-~.:;, I P!~-
EMPLOYER51' LlABtU'TY 5.:._ eACH #.CClDEl'IT .100 000
5.:'.D:SBAS> _1'..... EMPL:'.YEK ,100.000
B,:"',)I$ASII. -"'::LiCY'l.lMIT .500 000
O1'd€R
DEl:lCRlP'l'ION OF OP&RA.TI0N'ft'LOCAT10NSJ\iEHICLtaiiXCLl'SIONS ADDED B'i E....OOR8EMENT!SPECIAL PROVll:llONfJ
Csrtificate holdsr is additional insured with respects the general liability.
CE-RUl1CATI; HOLDER I I ADDrrr..f",<\Lj)\'l)l1RE:TJ~tNSIJRERLF'ITEF;: CA"'iCELLA'flON
SHClJLO J\'i~ OfTHEABOVE DESCl'ollB[D POLlClE:f:l8R CANCRLLED 8ErORE'r'u~ E>>'IAA-mJN
City of Miami Beach DATE 'I'lIERE.OF, Tl-lE ISSUING INBIJRtR WIL.:"E!\D~A\ioa TOMAlL.l..O.....-OAI'SWRll'l'CN
1700 Convention Center Drive NOTICETOTHE CER1lPICXI'E HOI,DER NAMED'tOTHE LEfT. Bl!I'FAILl.lRE TODOSOSHALl.
Miami Beach, FL 33139 tMP08E N006L1GlmON ORUAB1L,J'YOF A';Y5JI'fD UPO?ri T:iE INllURERoII'S AGENTS OR
IU:PRESEN1' ATlVEti;.
~~~ of
I
ACORD~.s (7/97', 1 of 2
1iSl7760/M11969
JBB f' ACORD CORPORA110N 1\>88
lte: 8/31/01
-351--9113
Time: 10:12 AM To:
Page: 003-003
@ 1-305-612-4319
1-l;
IMPORTANT
If tbe cernficate holder i~ an ADDmONAL I:"'IfSVRED. the policy{ies) must be ~udorsed. A stal~menl
()D tbh ct::!'Iificate does not conter rights to the certificate holder in lieu of such endorsement(<;l,
If SlJBROGATION IS WAIVED, 8:.1bject to :be term:-; and conditions of the policy. certain policies may
require an ('.ndQrsement. A s.latem.,-nt on 'this certificate does not confer rights to the certificate
holder in lieu of such endorsement!,s).
DISClAIMER
The Certificate of Insuralll,.'e on the reverse side of this form does not constitute a eontract between
the issuing iD.llUrer~s). authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter tbe coverage afforded by the policies listed lhercOD.
ACORD ",.s C7;91) 2 of 2 tSl7760!M11969