HomeMy Public PortalAbout14-8874 Community Space Lease with Teen Upward BoundSponsored by: City Manager
RESOLUTION NO. 14 -8874
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COMMUNITY SPACE LEASE
AGREEMENT WITH TEEN - UPWARD BOUND; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa -locka desires to enter into a
Community Space Lease Agreement with Teen Upward Bound; and
WHEREAS, the Teen - Upward Bound will provides after school academic service to the
community; and
WHEREAS, the City will make accessible office and open space to Teen - Upward
Bound at Sherbondy Park for its after school services operation, and the use of open space at
Segal and Ingram Parks; and
WHEREAS, the City Commission of the City of Opa -locka desires to authorize the City
Manager to enter into an agreement with Teen - Upward Bound for community space, attached as
Exhibit "A ".
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 directs and authorizes the
City Manager to enter into a community space lease agreement with Teen - Upward Bound, in
substantially the form attached hereto.
Resolution No. 14 -8874
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 10`" day of December, 2014.
Attest to:
4_v�
J041na Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice -Mayor Holmes:
Mayor Taylor:
Approved as to form and legal sufficiency:
Joseph S. Geller / n Dellagloria
GREENSPOON MARDER, PA
City Attorney
VICE MAYOR HOLMES
COMMISSIONER SANTIAGO
3 -0
NOT PRESENT
RECUSED
YES
YES
YES
City of Opa -Locka
Agenda Cover Memo
Commission Meeting
Item Type:
Resolution
Ordinance
Other
Date: 12/10/2014
x
(EnterX in box)
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1s, Reading
2nd Reading
x
Public Hearing:
Yes
No
Yes
No
(EnterX in box)
X
X
Funding Source:
(Enter Fund & Dept)
Advertising Requirement:
Yes
No
None
(EnterX in box)
x
Contract /P.O. Required:
Yes
No
RFP /RFQ /Bid #:
(EnterX in box)
Strategic Plan Related
Yes
No
Strategic Plan Priority Area:
Strategic Plan Obj. /Strategy: (list the
(Enter X in box)
specific objective /strategy this item will address)
x
Enhance Organizational E]
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image .
Communcation
Sponsor Name
Department:
City Manager
Parks & Recreation Department
Short Title:
Teen Upward Bound — Lease Space Agreement
Staff Summary:
The attached is an Lease Space Agreement between the City of Opa -locka and Teen Upward Bound.
Proposed Action:
Teen Upward Bound will provide After School Academic Service to the community through privately raise funds.
The City will make accessible office and open space conducive to administering after school services.
Attachment:
1. Lease Agreement
��t ' u ; f l a r
a ��b o u " x 1 ' O / .
K e l v i n L . B a k e r , S r .
C i t y M a n a g e r
M e m o r a n d u m
T o : M a y o r M y r a T a y l o r
V i c e M a y o r T i m o t h y H o l
C o m m i s s i o n e r J o s e p h L .
C o m m i s s i o n e r T e r r a n c e I
C o m m i s s i o n e r L u i s B . S a
F r o m : K e l v i n L . B a k e r , S r . , C i t y
D a t e : D e c e m b e r 3 , 2 0 1 4
O f f i c e : 3 0 5 - 9 5 3 - 2 8 2 1
3 0 5 - 9 5 3 - 2 8 2 3
F a x : 3 0 5 - 9 5 3 - 2 8 7 0
R e : T e e n U p w a r d B o u n d C o m m u n i t y S p a c e L e a s e A g r e e m e n t
R e q u e s t : A r e s o l u t i o n f r o m t h e C o m m i s s i o n e r s o f t h e C i t y o f O p a - l o c k a t o a u t h o r i z e t h e C i t y
M a n a g e r t o e n t e r i n t o a C o m m u n i t y S p a c e L e a s e A g r e e m e n t w i t h T e e n U p w a r d B o u n d .
S c o p e o f W o r k : W h i l e p r o v i d e r i s i n p o s s e s s i o n o f a n y o f t h e p r o p e r t i e s ( s ) a t S h e r b o n d y V i l l a g e
l o c a t e d a t 2 1 5 P e r v i z A v e a n d S e g a l P a r k l o c a t e d a t 2 3 3 1 N . W . 1 4 3 S t r e e t o f t h e C i t y o f O p a -
l o c k a s h a l l l e a s e t o T e n a n t / P r o v i d e r . T e e n U p w a r d B o u n d w i l l p r o v i d e A f t e r S c h o o l A c a d e m i c
S e r v i c e t o t h e c o m m u n i t y t h r o u g h p r i v a t e l y r a i s e f u n d s . T h e C i t y w i l l m a k e a c c e s s i b l e o f f i c e a n d
o p e n s p a c e c o n d u c i v e t o a d m i n i s t e r i n g a f t e r s c h o o l s e r v i c e s .
D e s c r i p t i o n : A f t e r S c h o o l P r o g r a m .
F i n a n c i a l I m p a c t : N o n e .
I m p l e m e n t a t i o n T i m e l i n e : U p o n e x e c u t i o n o f c o n t r a c t
L e g i s l a t i v e H i s t o r y : O r i g i n a l C o n t r a c t
A t t a c h m e n t ( s ) : C o n t r a c t A g r e e m e n t
P r e p a r e d B y : D a v i d C h i v e r t o n , A s s i s t a n t C i t y M a n a g e r & P u b l i c I n f o r m a t i o n O f f i c e r
E n d o f M e m o r a n d u m
C I T Y H A L L 3 4 0 0 N . W . 1 3 5 " ' S T R E E T , B U I L D I N G " B " , O P A - L O C K A , F L O R I D A 3 3 0 5 4 ( 3 0 5 ) 9 5 3 - 2 8 2 1
A N E Q U A L O P P O R T U N I T Y E M P L O Y E R A N D D O E S N O T D I S C R I M I N A T E O N T H E B A S I S O F H A N D I C A P
Community Space Lease Agreement
This Community Space Lease Agreement, made this day of , 2014 is
entered into by and between City of Opa- locka, (hereinafter referred to as "Landlord "), located at
3400 NW 135st, Bldg B, Opa- locka, FL 33054 and Teen Upward Bound. (herein after referred to
as "Tenant/Provider ") whose address is 215 Perviz Ave, Opa- locka, Florida 33054.(the Parties).
WHEREAS, the City Charter authorizes City to provide for the uniform health
and welfare of the residents throughout the City; and
WHEREAS, the City recognizes the importance of providing supportive services
to residents of its community. and
WHEREAS, the Tenant/Provider which is a not- for- profit organization or a
government entity, providing services of value to the City and its
assisted youth and has demonstrated an ability to provide services; and
WHEREAS, the City of Opa -locks agreed to lease its space on its Park and
Recreation Department premises to the Tenant/Provider so that
the Tenant/Provider can provide its services to the youth of the City.
NOW, THEREFORE, in consideration of the mutual covenants record herein, the
Parties agree as follows:
I. THE PROPERTIES. The Landlord shall lease to Tenant/Provider: (i) A portion of the
Property located at the Sherbondy Village, 215 Perviz Ave; (ii) the non - exclusive use of
Ingram Park, 2100 Burlington St); .(iii) the non- exclusive use of Segal Park, 2331 NW
143 St. (Hereinafter the "Properties or the "Property" as the context requires). The exact
location of the Properties to be utilized shall be determined by the Parties.
II. THE SCOPE OF SERVICES. While the Tenant/Provider is in possession of any of the
Properties described in paragraph I of this Agreement, the Tenant /Provider agrees to
render the services in accordance with the scope of services incorporated herein and
attached hereto as Attachment A. Tenant/Provider agrees that at least fifty percent (50 %)
at each Property of its clients at any one time shall be residents of The City of Opa- locks.
Failure to serve youth residents at the percentage level described above shall be grounds
for termination of this Agreement as to that Property. Tenant/Provider shall report the
following information in writing on a quarterly basis to the Park Director of the City of
Opa- locks.
III. AUTHORIZED AGENT ON PREMISES. Tenant/Provider shall designate a
responsible individual on each Property that is authorized to communicate with and
receive communication from the Landlord's site manager in order to effectuate a
cooperative and efficient use of each Property by the Tenant/Provider.
Page 1 of 9
IV. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall
be from ----- - - - -to ---------- This Agreement may be renewed for two (2) additional one
year terms at the sole option of the City.
V. RENT PAYABLE. There shall be no rent paid by the Tenant/Provider for the use of the
Properties.
VI. USE OF THE PROPERTIES. Tenant /Provider shall use the Properties only to provide
the services described in the scope of services which is incorporated herein and attached
as Attachment A. Tenant/Provider shall be entitled to use the areas described only during
the hours of 1:00pm to 7:OOpm. Tenant/Provider shall leave the Properties clean at the
completion of programs each business day. The Landlord agrees to allow the
Tenant/Provider from time to time to utilize the space after normal business hours for the
purposes of conducting meetings, trainings, or for other program related reasons. The
Tenant/Provider agrees to advise the Landlord's site manager in advance of the date and
time it desires to use the space beyond hours stated in this section. Tenant/Provider is
responsible for securing its own personal property and agrees to hold City of Opa -locka
harmless in the event of loss, theft, or damage when resident programs are conducted in
the leased space. Summer schedule to be determined with Parks and Recreation
Management.
VII. CONDITIONS OF PREMISES. The Landlord shall ensure that the Properties are in a
state of good repair and suitable for occupancy by the Tenant/Provider at the
commencement of this Agreement. By entering into this Agreement, the Tenant/Provider
agrees that the Properties will be returned to the Landlord in the same condition as when
received subject to normal wear and use.
Tenant/Provider shall comply with community room capacity laws and therefore shall
ensure enough space for the safety and enjoyment of the participants.
The Landlord has the right to inspect the Properties at any time to assure that all terms of
the lease are being met. Tenant/Provider must immediately take corrective actions as a
result of the Landlord's inspection findings.
VIII PARKING Parking spaces shall be negotiated with the City and attached as an exhibit to
this Agreement. Buses or commercial vehicles will only be permitted to make deliveries
or drop off passengers.
IX MAINTENANCE. Tenant/Provider shall be responsible for maintaining the Properties.
All routine maintenance and minor repairs shall be performed at the Tenant/Provider's
expense. If the Landlord performs routine maintenance and minor repairs on behalf of
the Tenant/Provider, the Landlord shall charge the Tenant/Provider for time and materials
used. Routine maintenance and minor repairs include but are not limited to: plastering
and interior painting; electrical work such as installing or changing lamps, bulbs and
fuses, replacing outlet covers and other work that does not require rewiring or working
inside the electrical box; minor plumbing repairs such as changing a faucet; repairing air
Page 2 of 9
conditioners; changing air conditioners filters; minor line blockages; replacing kitchen
cabinets and counter tops.
The Landlord shall be responsible for major repairs. Major repairs include but are not
limited to: replacement of roofs or central air conditioner units; structural repairs;
interior electrical wiring; electrical panel replacements and repairs; major plumbing
repairs; fire control systems; and exterior painting.
The Tenant/Provider shall not make renovations or install any fixtures, equipment,
fencing, or locks without prior written approval of the Landlord. All fixtures installed by
Tenant/Provider shall become the property of Landlord upon termination of the lease
agreement.
The Tenant/Provider shall be responsible for reimbursement to the Landlord for any and
all losses or damages to property and/or equipment resulting from the operations of the
Tenant/Provider's programs.
Tenant/Provider shall maintain and operate the Properties in a clean and sanitary
condition and return same to Landlord at the expiration or termination of this lease.
X KEYS. Locks may be changed with the Landlord's permission at the Tenant/Provider's
expense, if the Landlord's site manager is immediately furnished a set of keys
XI SIGNAGE All signage must be in,keeping with the residential nature of the property, all
applicable building and zoning laws, and approved in writing by Landlord prior to
installation.
XII JANITORIAL SERVICES. The Tenant/Provider shall be responsible for all janitorial
services including cleaning supplies. In the event that the Tenant/Provider requests
janitorial services from Landlord, services will be provided for a fee to be negotiated
between Landlord and Tenant/Provider. The negotiated janitorial services and fee shall
be reduced to writing and attached to this Agreement as Exhibit C.
XIII INDEMNIFICATION BY PROVIDER. The Tenant/Provider shall indemnify and
hold harmless the City of Opa -locka and its officers, employees, agents, and
instrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the City or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes or actions or
proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by the Tenant /Provider or its employees, agents, servants,
partners, principals or subcontractors. Tenant/Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the City of Opa- locka, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Tenant/Provider expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by Tenant/Provider shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the City of Opa-
locka or its officers, employees, agents and instrumentalities as herein provided
Page 3 of 9
XIV INSURANCE.
1. Modification and Changes. The Tenants shall notify the City of Opa-
locka of any intended changes in insurance coverage, including but not
limited to any renewals of existing insurance policies. Upon review of the
Tenant/Provider's Scope of Services (Attachment A) by the City's Risk
Management Division, the City of Opa -locka may increase, decrease,
waive or modify any of the following insurance requirements. Any
request by a Tenant/Provider to decrease, waive or modify any of the
following insurance requirements must be approved in writing by the
City's Risk Management Division.
2. Minimum Insurance Requirements: Certificates of Insurance. The
Tenant /Provider shall furnish to City of Opa -locka Certificate(s) of
Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
a. Worker's Compensation Insurance for all employees of the
Tenant/Provider as required by Florida Statutes.
b. Commercial General Liability Insurance on a comprehensive basis
in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. Coverage
must include Abuse and Molestation Liability. The City of
Opa -locka must be shown as an additional insured with respect
to this coverage. Automobile Liability Insurance covering all
owned, non -owned and hired vehicles used in connection with the
work, in an amount not less than $300,000* combined single limit
per occurrence for bodily injury and property damage For Service
Tenant/Providers supplying vans or mini -buses with seating
capacities of fifteen (15) passengers or more, the limit of liability
required for Auto Liability is $500,000. All insurance policies
required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following
qualifications:
(i) The company shall be no less than "B" as to management,
and no less than "Class V" as to financial strength, by
Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the
approval of the City Risk Management Division.
or
(ii)) The company must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in
Page 4 of 9
Florida," issued by the Department of Financial Services
and are members of the Florida Guaranty Fund.
(iii) Certificates will indicate that no modification or
change in insurance shall be made without thirty
(30) days in advance notice to the certificate holder.
(iv) Compliance with the foregoing requirements shall
not relieve the Tenant/Provider of its liability
and obligations under this Section or under any
other section of this Agreement.
(v) Modification or waiver of any of the
insurance requirements is subject to
the approval of the City.
The Tenant/Provider shall notify the City of
any intended changes in insurance coverage,
including any renewals of existing policies.
XV PROOF OF LICENSURE AND CERTIFICATIONS. If the Tenant/Provider is required
by the State of Florida or Miami -Dade County to be licensed or certified to provide the services
or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall
furnish a copy of all required current licenses or certificates. Examples of services or operations
requiring such licensure or certification include but are not limited to child care, day care,
nursing homes, and boarding homes. Failure to provide the licenses or certificates within sixty
(60) days of execution of this Agreement may result in termination of this Agreement.
Additionally, Tenant/Provider:
(i) Agrees to comply with all applicable laws (including but not limited to
Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes,
as may be amended form time to time), regulations, ordinances and
resolutions, regarding background screening of those who may work with
vulnerable persons, as defined by section 435.02, Florida Statutes, as may be
amended from time to time.
(ii) If background screening is required by law, the State of Florida and the
City, the Tenant/Provider will permit only employees and subcontractors with
a satisfactory national criminal background check through an appropriate
screening agency (i.e., the Florida Department of Juvenile Justice, Florida
Department of Law Enforcement or Federal Bureau of Investigation) to work
in direct contact with vulnerable persons.
(iii)Agrees to ensure that employees and subcontracted personnel who work
with vulnerable persons satisfactorily complete and pass Level 2 background
screening before working with vulnerable persons. Provider shall furnish the
Page 5 of 9
City with proof that employees and subcontracted personnel, who work with
vulnerable persons, satisfactorily' passed Level 2 background screening,
pursuant to Chapter 435, Florida Statutes, as may be amended from time to
time.
(iv)Agrees to abide by and be governed by Miami -Dade County Ordinance
No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of
the Code of Miami -Dade County), as amended, which is incorporated herein
by reference as it fully set forth herein, in connection with its contract
obligations hereunder.
(v)Agrees to abide by Chapter 11 A, of the Code of Miami -Dade County
( "County Code "), as amended, which prohibits discrimination in employment,
housing, and public accommodations; Title VII of the Civil Rights Act of
1968, as amended, which prohibits discrimination in employment, housing,
and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C.,
as amended, which prohibits discrimination in employment and public
housing accommodations; Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. § 794, as amended, which prohibits discrimination on the basis of
disability; and the American with Disability Act, 42 U.S.C. § 12103 et seq.
It is expressly understood that upon receipt of evidence of discrimination under any of
these laws, the City shall have the right to terminate this Agreement. It is further
understood that the Provider must submit an affidavit attesting that it is not in violation of
the Americans with Disability Act, the Rehabilitation Act, the Federal Transits Act, 49
U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the Tenant/Provider
or any owner, subsidiary, or other firm affiliated with or related to the Tenant/Provider, is
found by the responsible enforcement agency, the City to be in violation of these Acts,
the City will conduct no further business with the Tenant/Provider. Any contract entered
into based upon a false affidavit shall be voidable by the County. If the Tenant/Provider
violates any of the Acts during the term of any contract the Tenant/Provider has with the
County, such contract shall be voidable by the County, even if the Tenant /Provider was
not in violation at the time it submitted its affidavit.
The Tenant /Provider certifies that it is in compliance with the Domestic Violence Leave,
codified as § 11 A -60 t. seq. of the Miami -Dade County Code, which requires an
employer, who in the regular course of business has fifty (50) or more employees
working in Miami -Dade County for each working day during each of twenty (20) or more
calendar work weeks to provide domestic violence leave to employees. Failure to
comply with this local law may be grounds for voiding or terminating this Agreement or
for commencement of debarment proceedings against the Provider.
XVI NOTICES. It is understood and agreed between the parties that written notice addressed
to the Landlord and mailed or delivered to the address below and written notice addressed
to the Tenant/Provider and mailed or delivered to the address below shall constitute
sufficient notice to either party.
Page 6 of 9
Landlord
Tenant /Provider
City of Opa -locka
Teen Upward Bound
3400 NW 135 St
215 Perviz Ave
Opa- locka, FL 33054
Opa- locka, FL 33054
XVII AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of each
of the parties and does not stipulate or imply affiliation between the contracting parties. It is
expressly understood and intended that the Tenant/Provider is only a tenant/provider and is not
an agent or instrumentality of the City of Opa- locka.
XVIII BREACH: REMEDIES
A. Breach. A breach by the Tenant/Provider shall have occurred under this Agreement
if. (1) the Tenant/Provider fails to adequately provide the services outlined in the
Scope of Services (Attachment A) within the effective term of this Agreement;
(2) the Tenant/Provider does not furnish the Certificates of Insurance required by
this Agreement or as determined by the City's Risk Management Division; (3) the
Tenant/Provider does not furnish proof of licensure and certification required by
this Agreement; (4) Tenant/Provider does not have the required percentage of
assisted housing residents or their children as clients; (5 the Tenant/Provider fails
to properly maintain the Properties and perform other general upkeep of the
Premises; (6)the Tenant/Provider discriminates under any of the laws outlined in
Section VII of this Agreement; (7 the Tenant/Provider falsifies or violates the
provisions of the Drug Free Workplace Affidavit (Exhibit F); (8 the
Tenant/Provider, attempts to meet its obligations under this Agreement through
fraud, misrepresentation or material misstatement; or (9 the Tenant/Provider fails
to fulfill in a timely and proper manner any and all of its obligations, covenants,
agreements and stipulations in this Agreement.
Waiver or breach of any provisions of this contract shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the
terms of this Agreement. The Landlord and Tenant/Provider may terminate this
Agreement and may pursue any and all remedies available under applicable law
for a breach under the Lease Agreement. If, for any reason, the Tenant/Provider
should attempt to meet its obligations under this Agreement through fraud,
misrepresentation or material misstatement, the Landlord shall, whenever
practicable terminate this Agreement by giving written notice to the provider of
such termination and specifying the effective date thereof at least five days before
the effective date of such termination. The city may terminate or cancel any other
contracts which such entity has with the City and that such individual or entity
shall be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees. Any entity who attempts to
meet its contractual obligations with the county through fraud, misrepresentation
or material misstatement may be debarred from City contracting for up to five (5)
years. The Landlord may seek to evict Tenant/Provider by filing an action in a
court of appropriate jurisdiction. Tenant/Provider shall not be relieved of liability
Page 7 of 9
to the Landlord for damages sustained by the Landlord by virtue of any breach of
the Agreement. The landlord may also pursue any remedies available at law or
equity to compensate for any damages sustained by the breach. The
Tenant/Provider shall be responsible for all direct and indirect cost associated
with such action, including attorney's fees.
XIX. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement may
be terminated by either Party by written notice to the other party of such intent to
terminate at least ninety (90) days prior to the effective date of such termination or as
determined by law. The City Manager is authorized to terminate this Agreement on
behalf of the Landlord.
XX. MISCELLANEOUS.
A. Sublease or Assignments No assignments or sublease will be made or let in
connection with this Agreement without the prior written approval of the
Landlord, which shall not be unreasonably withheld, and that all sub - lessors or
assignees shall be governed by the terms and conditions of this Agreement.
(B) Agreement Guidelines. The Tenant/Provider agrees to comply with all
applicable Federal, State and County laws, rules and regulations, particularly the
Landlord/Tenant Act, which are incorporated herein by reference or fully set forth
herein.
(C) Modifications. Any alterations, variations, modifications, extensions or waivers
of provisions of this Agreement including but not limited to rent payable and
effective term shall only be valid when they have been reduced to writing, duly
approved and signed by both parties and attached to the original of this
Agreement.
(D) Totality of Agreement / Severability This Agreement with its attachments as
referenced below contains all the terms and conditions agreed upon by the parties.
No amendment shall be effective until signed by both parties and approved by the
City Attorney's Office, provided, however, that the City may effect amendments
to this Agreement without the written consent of Tenant/Provider conforming this
Agreement to changes in the laws, directives, guidelines, and objectives of City,
State and Federal governments.
(E Nothing herein shall alter, affect, modify, change or extend any other agreement
between the Provider and the City, or any department of the City unless specifically
stated herein.
(F) Invalidity of all or any part of this Agreement shall not render invalid the
remainder of this Agreement or the remainder of such section, if the remainder would
then conform to the requirements of applicable law.
Page 8 of 9
(G) This Agreement shall be governed under the laws of the State of Florida as to all
matters, including but not limited to matters of validity, construction, effect and
performance. Venue for any litigation between parties regarding this Agreement shall
lie only in state and federal court in Miami -Dade County, Florida.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their
respective and duly authorized officers as of the day and year first above written.
Un
Team Upward Bound
(Signature of Authorized Representative)
Type or Print Name
Witnesses:
I:
ATTEST:
By:
(Signature of Authorized Representative)
C
Type or Print Name
Joana Flores, City Clerk Kelvin Baker, Sr., City Manager
Approved as to form and legal sufficiency:
ma
Joseph Geller, City Attorney
Page 9 of 9