2018-30198 ResolutionRESOLUTION NO 2018 -30198
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE, AND AUTHORIZING
THE ADMINISTRATION TO NEGOTIATE AMENDMENT NO. 1 TO THE
MANAGEMENT AGREEMENT, DATED SEPTEMBER 30, 2006, BETWEEN THE
CITY AND UNIDAD OF MIAMI BEACH, INC., INVOLVING THE NORTH SHORE
SENIOR CENTER LOCATED AT 7251 COLLINS AVENUE; SAID
AMENDMENT, IN MATERIAL PART, PROVIDING FOR THE CITY TO
PERFORM THE MAINTENANCE AND REPAIR RESPONSIBILITIES FOR THE
INTERIOR OF THE SENIOR CENTER, SUBJECT TO: (1) UNIDAD
MAINTAINING THE LIABILITY FOR DAMAGES ARISING OUT OF THE CITY'S
PERFORMANCE OF SAID SERVICES, AND (2) THE CITY COMMISSION
APPROVING FUNDING FOR THESE SERVICES THROUGH A BUDGET
AMENDMENT FOR FY 17/18, AND THEREAFTER THROUGH A BUDGET
APPROVAL IN EACH SUBSEQUENT FISCAL YEAR; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE -FINAL
NEGOTIATED AMENDMENT.
WHEREAS, UNIDAD of Miami Beach, Inc. (UNIDAD) and the City entered into an exclusive
management agreement (the Management Agreement), dated September 30, 2006, for the
management and operation of the City -owned North Beach Senior Center, located at 7251 Collins
Avenue (the Senior Center); and
WHEREAS, under the terms of the Management Agreement, UNIDAD is responsible` for the
maintenance, repairs, and janitorial services for the facility's interior, whereas the City is responsible
for capital improvements and maintenance of the exterior, which includes the patio and public
restrooms; and
WHEREAS, the Neighborhood /Community Affairs Committee (the Committee) met on
January 24, 2018 to discuss the maintenance of the public restrooms and outdoor patio at the North
Beach Senior Center; and
WHEREAS, at the Committee meeting, UNIDAD requested that the City assume
responsibility for the maintenance and upkeep of the entire facility, including the interior of the
Senior Center; and
WHEREAS, in furtherance of UNIDAD's services to the City's elderly population, the
Committee recommended that the City, at its cost, perform the maintenance and repairs for the
interior of the Senior Center; and
WHEREAS, the Administration recommends accepting the recommendation of the
Committee and amending the Management Agreement to reflect this change in responsibilities,
provided that: (1) the City costs associated with this amendment be subject to, and limited to, the
extent of any approved fiscal year budget appropriation; (2) UNIDAD remains liable, and indemnifies
the City, for any damages arising out of the City's performance; (3) UNIDAD maintains insurance
coverage to include the City's performance; and (4) UNIDAD agrees to such additional modifications
to the Management Agreement as the Administration and the City Attorney deem appropriate to
accomplish the intent of the amendment.
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 hereby accept
the recommendation of the Neighborhood /Community Affairs Committee, authorize the
Administration to negotiate Amendment No. 1 to the Management Agreement, dated September 30,
2006, between the City and UNIDAD of Miami Beach, Inc., involving the North Beach Senior Center
located at 7251 Collins Avenue; said amendment, in material part, providing for the City to perform
maintenance and repair responsibilities for the interior of the Senior Center, subject to: (1) UNIDAD
maintaining the liability for damages arising out of the City's performance of said services, and (2)
the City Commission approving funding for these services through a budget amendment for FY
17/18, and thereafter through a budget approval in each subsequent fiscal year; and further
authorize the Mayor and City Clerk to execute the final negotiated amendment.
PASSED and ADOPTED THIS /1/ day of Fb/'KCtr y 2018.
ATTEST: -
2/27:1
RAFA L E. RANADO, ' ITY CL
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Vav
City Attorney id Do...
M1AM
BEACH
Resolutions - R7 M
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 14, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE, AND AUTHORIZING
THE ADMINISTRATION TO NEGOTIATE AMENDMENT NO. 1 TO THE
MANAGEMENT AGREEMENT, DATED SEPTEMBER 30, 2006, BETWEEN THE
CITY AND UNIDAD OF MIAMI BEACH, INC., INVOLVING THE NORTH SHORE
SENIOR CENTER LOCATED AT 7251 COLLINS AVENUE; SAID AMENDMENT, IN
MATERIAL PART, PROVIDING FOR THE CITY TO PERFORM THE
MAINTENANCE AND REPAIR RESPONSIBILITIES FOR THE INTERIOR OF THE
SENIOR CENTER, SUBJECT TO UNIDAD MAINTAINING THE LIABILITY FOR
DAMAGES ARISING OUT OF THE CITY'S PERFORMANCE OF SAID
SERVICES, SUBJECT TO FUNDING FOR THESE SERVICES THROUGH A
BUDGET AMENDMENT FOR FY 17/18, AND THEREAFTER SUBJECT
TO A BUDGET APPROVAL BY THE CITY COMMISSION IN EACH SUBSEQUENT
FISCAL YEAR; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FINAL NEGOTIATED AMENDMENT.
RECOMMENDATION
Accept the recommendation of NCAC.
ANALYSIS
The City has a management agreement with Unidad of Miami, Inc. (Unidad) for the senior facility
located at 7251 Collins Avenue in North Beach.
Under the terms of that agreement, Unidad is responsible for the day -to -day maintenance of the
facility, while the City is responsible for capital improvements and maintenance of the outdoor
portions of the facility including the outdoor patio and public bathrooms.
At the January 2018 Neighborhood /Community Affairs Committee (NCAC) meeting, the Committee
recommended that the City take over the costs for inside costs as well.
The Administration is in the process of compiling these costs, and once determined, either a budget
amendment would be needed to take over responsibility for the costs during FY 2017 -18, or this cost
could be addressed during the FY 2018 -19 process and could be made effective as of October 1,
2018.
Further, the Management Agreement would be amended to reflect that the City, to the extent of the
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limit of any approved fiscal year budget appropriation, perform the maintenance (including
housekeeping) and repairs for the interior of the Senior Center, subject to UNIDAD agreeing to, (1)
continue to be liable for, and indemnifying the City for, any damages including, without limitation,
personal injuries or property damages arising out of the maintenance and repairs performed by the
City; (2). maintain an insurance policy, subject to the approval of the City's Risk Manager, that covers
any damages arising out of the performance by the City of the interior maintenance and repairs; and
(3) modification of any additional provisions of the Management Agreement which the City Attorney
deems appropriate to accomplish the intent of the Amendment.
Legislative Tracking
Tourism, Culture and Economic Development
Sponsor
Commissioner Kristen Rosen Gonzalez
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