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Home My Public Portal About12-8397 Night of Nil LLc Sponsored by: City Manager Resolution No. 12-8397 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO RETROACTIVELY AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AND EXECUTE AN AGREEMENT WITH NIGHTS OF NII, LLC TO PROVIDE OFFICE SPACE FOR THE INTERNAL AFFAIRS DIVISION OF THE OPA-LOCKA POLICE DEPARTMENT FOR A ONE YEAR PERIOD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $1,000 PER MONTH, PAYABLE FROM ACCOUNT 36-521440; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the staff has recommended that the City Commission retroactively approve an agreement with the Nights of Nii,LLC,to provide office space to the internal affairs division of the Opa-locka Police Department; and WHEREAS, the lease shall be for one year commencing on March 1, 2012 and ending February 28, 2013, at a cost of$1,000 per month; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager or his Designee to enter into and execute an agreement with the Nights of Nii, LLC, retroactive to March 1,2012,to provide office space for the internal affairs division of the Opa-locka Police Department. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the the City Manager or his Designee to enter into and execute a one year agreement with the Nights of Resolution No. 12-8397 Nii, LLC, retroactive to March 1, 2012, to provide office space for the internal affairs division of the Opa-locka Police Department, at a cost of$1,000 per month until February 28, 2013, payable from Account Number36-521440. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25th day of April, 2012. �MY TAYLOR MAYOR • ttest to: l oanna Flores "- nterim City Clerk Approved as to form and legal sufficiency: // t Jos:p S. eller C' Atto• ey Moved by: VICE MAYOR JOH SON Seconded by: COMMISSIONER OLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES OQP•LOC4-4 C0:. \� F i 0 V '. D KZ�' ORAlE '' City of Opa-Locka Agenda Cover Memo Commission Meeting 4/25/12 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Account#36-521440 (EnterX in box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterX in box) X Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) X specific objective/strategy this item will address) Enhance Organizational El Bus.&Economic Dev p Public Safety El Quality of Education C Qual.of Life&City Image El Communcation CI Sponsor Name City Manager Department: City Manager's Office Short Title: Retroactive Approval of an Agreement Between the City of Opa-locka and Nights of Nii, LLC to Provide Office Space for the Internal Affairs Division of the Opa-locka Police Department Staff Summary: Staff requests that the City Commission retroactively approve to authorize the City Manager, or his designee,to enter into an agreement with Nights of Nii, LLC to provide office space for the internal affairs division of the Opa-locka Police Department. The Lease, which began on March 1st,shall be for one-year and end on February 28, 2013 at a rate of$1,000 per month. All additional expenses, such as utilities, shall be borne by the property owner. 1 Due to the nature of the work that is conducted by Internal Affairs, it is necessary that they be able to run day-to-day operations at a location outside of the Police Department building. Until they moved, IA was located inside the Police Department and this made their job increasingly difficult. Retroactive approval shall eliminate this issue and allow IA to work more efficiently. Proposed Action: Staff recommends approval. Attachment: 1) Copy of Lease 2 oQp:LOCK V DJ `' ,7 Memorandum To: Mayor Myra L. Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commission•r Gail Miller FROM: " Bryan F "W °anager DATE: April 1 , 2012 RE: Agreement Between the City of Opa-locka and Nights of Nii,LLC to Provide Office Space for the Internal Affairs Division of the Opa-locka Police Department Request: APPROVAL OF A RESOLUTION TO RETROACTIVELY AUTHORIZE THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AND EXECUTE AN AGREEMENT WITH NIGHTS OF NII, LLC TO PROVIDE OFFICE SPACE FOR THE INTERNAL AFFAIRS DIVISION OF THE OPA- LOCKA 1 OLICE DEPARTMENT FOR A ONE YEAR PERIOD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED THE TERMS OF THE AGREEMENT PAYABLE FROM ACCOUNT#36-521440. Description: Staff requests that the City Commission retroactively approve to authorize the City Manager, or his designee, to enter into an agreement with Nights of Nii, LLC to provide office space for the internal affairs division of the Opa-locka Police Department. The Lease, which began on March 1st, shall be for one-year and end on February 28' 2013 at a rate of $1,000 per month. All additional expenses, such as utilities, shall be borne by the property owner. Account Number: Account# 36-521440. Financial Impact: Approval will have a negative fiscal impact of$12,000. Agreement Nights of Nii, LLC to Provide Office Space 1 Internal Affairs Division of the Opa-locka Police Department Implementation Time Line: Immediately Legislative History: None Recommendation(s): Staff recommends approval. Analysis: Due to the nature of the work that is conducted by Internal Affairs, it is necessary that they be able to run day-to-day operations at a location outside of the Police Department building. Until they moved, IA was located inside the Police Department and this made their job increasingly difficult. Retroactive approval shall eliminate this issue and allow IA to work more efficiently. Attachment(s): 1) Copy of Lease Prepared by: Jordan W. Leonard, Assistant to the City Manager End of Memorandum Agreement Nights of Nii, LLC to Provide Office Space 2 Internal Affairs Division of the Opa-locka Police Department LEASE THIS AGREEMENT, entered into this 27th day of December, 2011, between Nights of Nii, LLC, hereinafter called the "Lessor", and The City of Opa Locka, , hereinafter called the "Lessee" . Upon the terms and conditions hereinafter set forth and in consideration for the payment of rents hereinafter provided and in consideration of the performance continuously by the Lessee of each and every covenant and agreement herein contained by the Lessee to be kept and performed, the performance of each and every one of which is declared to be an integral part of the consideration to be paid by the Lessee, the Lessor does hereby lease, rent and demise unto the Lessor and the Lessee does hereby lease from and of the Lessor, those premises known as !, located in the building located atifillOMMIllaillmallemimiummillinigh. Term. The term of this Lease shall begin March 1, 2012 (the "Commencement Date") and shall end on February 28, 7644, unless extended or � sooner terminated as hereinafter provided. �1 le ] `dj �r'-ld 1. Minimum Base Rent. Lessee shall pay to Lessor, at Lessor's Office located at , or to such other person or such other place as directed from time to time by notice to the Lessee from Lessor, a "Minimum Base Rent" for the Lease term equal to $1,000) per month (the "Initial Minimum Base Rent") payable as specified below, plus the total amount of Florida sale or rent tax, or similar amount assessed against such rent, due thereon, as follows: (a) Upon execution of the Lease, Lessee shall pay the first month's rent of $1,000. (b) Each monthly installment will be payable in advance promptly on the first day of each calendar month during the period. L£5SOr 2. Utilities Jfresgaae agr es to pay all charges for gas, electricity, water, light, heat, power and other services used or charges imposed in or about or supplied to the Premises and shall indemnify the Lessor against any and all liability on such account. Lessor shall not be required to furnish any service or facilities or to make any repairs or alterations in or to the Premises except as otherwise herein provided. Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance, and management of the Premises except as herein required to be the responsibility of the Lessor. 3. Lessee's Business Taxes. Lessee shall pay before delinquency all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation, as well as upon its leasehold interest, trade fixtures, furnishings, equipment, leasehold improvements, alterations, changes and additions made by Lessee, merchandise and personal property of any kind owned, installed or used by Lessee in, or upon the Premises. 4. Sales Tax. Lessee shall pay to Lessor as additional rent, the appropriate Florida state sales tax and any other excise tax or assessment now or hereafter levied or assessed upon or against Lessee's or Lessor's interest in the rent to be paid under this Lease. It is Lessor's and 1 Lessee's understanding that the current Florida state sales tax is seven percent (7%) of the rent to be paid. 5. Insurance. (a)Lessee shall carry, during the term hereof, general public liability insurance with a carrier and with policy limits reasonably satisfactory to Lessor, but which initially shall be not less than $500, 000/$1, 000,000 (per person/per occurance) in respect of liability injury and $100, 000 for property damage. Said policy shall provide that it shall not be cancelled except after thirty (30) days written notice to Lessor. Radon Disclosure. Under the laws of the State of Florida, the Lessor is required to provide the following notice to the Lessee: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. The foregoing notice is provided in order to comply with state law and is for information purposes only. Lessor disclaims any and all representations and warranties as to the absence of radon gas or radon gas producing conditions in connection with the demised premises. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purposes herein expressed, the day and year first above written. Signed, pollIttlitokid delivered "LESSOR" in th�\k.vi_ IA ••�15StON• S.9i�� c.1 •o0ember2BFao�•�ON� By: \� o • N• •• ••••■ *I • 9 #EE 155766 ;pQ �/ irk ,p': 7( Al c� I Signed, s Ufailan d delivered 1LESSEE" in the gr�f4,\„p, 1SStvN. 0ION�• /// : ber2BA%0 S. By *• 0,E '• i �{ p_ , �4 C50/.1 • AEE 155766 ' z- �� 1%11 111111 °�`\\\ 2