Amendment No. 1 to Lease Agreement with MDC DocuSign Envelope ID:FDFEC46C-D420-4025-9F43-B0E9E018AE48 -2_ 0k
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AMENDMENT NO. 1 TO LEASE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MIAMI-DADE COUNTY, FLORIDA
This Amendment No. 1 (Amendment)to Lease Agreement(Agreement) dated December
1, 2019, by and between the City of Miami Beach, Florida (City), a municipal corporation,
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Miami-Dade
County, Florida, (County or Tenant), for 412 square feet of City-owned property located
on the ground floor of the building known as City Hall, located at 1700 Convention Center
Drive, Miami Beach, FL 33139 (Demised Premises), is entered into this day of
, 2021 (Effective Date):
RECITALS
WHEREAS, Commissioner Higgins was elected as a Miami-Dade County
Commissioner on June 19, 2018, to represent Miami-Dade County Commission District 5,
which includes portions of the City of Miami Beach, to serve the remaining two years of
the term of her predecessor, Commissioner Bruno Barreiro; and
WHEREAS, since 2001, the County has leased the Demised Premises for use as
the local office of the Commission District 5 County Commissioner; and
WHEREAS, on December 1, 2019, the City and the County executed an
Agreement which provided fora Term of 365 days, commencing on December 1, 2019
and ending on November 30, 2020, with two (2) renewal terms of four(4) years each, at
the City Manager's sole discretion, for an annual rent of One Dollar ($1.00), with the
Tenant being responsible for maintenance, repairs, and self-insurance; and
WHEREAS, on August 28, 2020, the County and the City exercised the first
renewal option for four years, which commenced on December 1, 2020 and will expire on
November 30, 2024.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and the County hereby agree to amend the Agreement t
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted
items underlined) as follows:
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DocuSign Envelope ID:FDFEC46C-D420-4025-9F43-B0E9E018AE48
a. Section 2 of the Agreement is hereby amended to read as follows:
2.3 EARLY TERMINATION OPTION
Notwithstanding subsections 2.2 herein, this Agreement may be terminated by
either party, without cause, and for convenience, at any time during the Term
(including any renewal term), upon furnishing thirty(30) days' written notice to the
other party, following which each party shall be discharged from any and all
liabilities, duties, and terms existing out of, or by virtue of, this Agreement, except
as to each parties' indemnification, obligations, set forth in section 2.1 which will
survive the expiration or termination of the Agreement.'
b. The Agreement is hereby amended to add a new Section 40 as follows:
40. INSPECTOR GENERAL AUDIT RIGHTS
40.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
40.2 The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit,investigate,monitor,oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Tenant, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,
the City is allocating a percentage of its overall annual contract expenditures to
fund the activities and operations of the Office of Inspector General.
40.3 Upon thirty (30) days' written notice to the Tenant, the Tenant shall make
all requested records and documents available to the Inspector General for
inspection_and copying. The Inspector General is empowered to retain the
services of independent private sector auditors to audit, investigate, monitor,
oversee, inspect and review operations activities, performance and procurement
process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Tenant its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with
the contract documents and to detect fraud and corruption.
40.4 The Inspector General shall have the right to inspect and copy all documents and
records in the Tenant's possession, custody or control which in the Inspector
General's sole iudgment, pertain to performance of the contract, including, but not
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limited to original estimate files, change order estimate files,worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all prJect-
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
40.5 The Tenant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three
(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Tenant shall
make available records relating to the work terminated until three(3)years
after any resulting final termination settlement; and
ii. The Tenant shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Agreement until
such appeals, litigation, or claims are finally resolved.
40.6 The provisions in this section shall apply to the Tenant, its officers, agents,
employees, subcontractors and suppliers. The Tenant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Tenant in connection with the performance of this Agreement.
40.7 Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Tenant or third
parties.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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DocuSign Envelope ID:FDFEC46C-D420-4025-9F43-B0E9E018AE48
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by: DocuSigned by:
raratAAh) rafeid LW, ttotax
By 24A06013ADDC 166...
Rafael E. Granado, City Clerk RauTla,
Interim City Manager
3/11/2021 110:20 AM EST
Date
Name
Print Name
Date
FOR TENANT: MIAMI-DADE COUNTY, FLORIDA
ATTEST:
By:
Name Signature
Print Name Print Name
Name
Print Name
APPROVED AS TO
Date FORM & LANGUAGE
& FOR EXECUTION
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41, 4tia, 04051202J
City Attorney ;i Y Dolte