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HomeMy Public PortalAbout18-9494 Community Space Agreement w/PSWAP Mentorship Sponsored by: City Manager RESOLUTION NO. 18-9494 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 PSWAP MENTORSHIP AND SWIM ORGANIZATION, INC, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY, COMMENCING JUNE 11, 2018 THROUGH AUGUST 10, 2018; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PSWAP Mentorship and Swim Organization, Inc. ("PSWAP") desires to enter into a Community Space Lease Agreement for space located at Sherbondy Village, 215 Periz Avenue in the City of Opa-locka; and WHEREAS, the City of Opa-locka ("City") wishes to allow PSWAP to use Parks and Recreation premises to provide valuable services to the community including community health, safety and wellness trainings for Senior Citizens and swim lessons, aerobics and aquatic training for City residents; and WHEREAS, PSWAP will pay fifty percent (50%) of the $900 monthly pool maintenance for the duration of the program and will ensure that fifty percent (50%) of its clients are residents of the City at all times; and WHEREAS, the City Commission finds that it is in the best interest of the City for the City Manager to enter into an Agreement with PSWAP, in a form acceptable to the City Attorney, to lease the space described in the Agreement, substantially in the form attached hereto as Exhibit A, commencing June 11, 2018 through August 10, 2018. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into a Community Space Lease Agreement with PSWAP, in a form acceptable to the City Attorney, to lease space located in Sherbondy Village, 215 Periz Avenue in the City of Opa-locka, commencing June 11, 2018 through August 10, 2018. Resolution No. 18-9494 Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4.EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 23`d day of May, 2 8. / ■ puY--Myra tvi L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: r L Jognna Flores The Brown Law Group, LLC City Clerk City Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER PIGATT Commissioner Vote: 4-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: NOT PRESENT Jla.-'ea L City of Opa-Locka Agenda Cover Memo Department Department Director: Director Si: ature: Budget Ernesto Reyes Budget Administrator: Administrator/ACM Si ature: Finance Director: Bryan Hamilton FD Signature: �IP De•artment City Manager: Newall J. Daughtrey ACM Signature: t - Commission 05.09.18 Item Type: Meeting Date: X EnterXin box Fiscal Impact: Ordinance Reading: (EnterXin box) (EnterXin box) x Public Hearing: (EnterXin box) (Enter Fund& Advertising Requirement: Funding Source: Dept) (EnterXin box) Account#: Ex: Contract/P.O. RFP/RFQ/Bid#: Required: (EnterXin box) Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related Enhance Organizational El the specific objective/strategy this item will (EnterXin box) X Bus.&Economic Dev D address) Public Safety 0 Quality of Education (] Qual.of Life&City Image J Communication [E Sponsor Name City Manager Department: City Manager Authorizing the City Manager to enter into a Community Space Leage Agreement with PSWAP Mentorship and Swim Organization, Inc. Nvic4:17,7'* It is in the best interest of the City to enter into an agreement with PSWAP Mentorship and Swim Organization, Inc.to provide valuable services to the community during the summer. Staff recommends approval. Attachment Loehr OF <p v n Newall J.Daughtrey �2 Telephone: (305)953-2821 Acting City Manager RFA�RAl Email: ndaughtrev @opalockafl.gov TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holmes Commissioner Matthew A Pigatt Commissioner John Riley /Pi FROM: Newall J. Daughtrey, Acting City Manager /o' DATE: May 17, 2018 RE: PSWAP Swim Organization Request: 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 PSWAP MENTORSHIP AND SWIM ORGANIZATION, INC, IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY,COMMENCING JUNE 11, 2018 THROUGH AUGUST 10, 2018. Description: MAA to support state-wide efforts to find abducted children. Account Number: N/A Financial Impact: None Implementation Time Line: Effective upon all parties executing agreement. Analysis: Staff have included a calendar for the Summer Swim Program.Exhibit"A"presented by Charles Brown, Parks & Recreation Director which includes the same schedule as Exhibit`B" which was presented by PSWAP. Recommendation(s):Staff Recommends Approval. Attachments: 1. Agenda Cover Memo 2. Lease Agreement 3. Release and Waiver of Liability 4. Exhibit"A"Calendar submitted by Parks &Recreation 5. Exhibit`B" Calendar submitted by PSWAP 6. Certificate of Liability *END*** D,P P•LOCh4 •� q •, iS -Tt�_ • qA p' ti C}RA- Community Space Lease Agreement This Community Space Lease Agreement, made this day of ,20_, is entered into by and between City of Opa-locka, (hereinafter referred to as "City" or "Landlord"),located at 780 Fisherman Street, Opa-locka, FL 33054. Professional Sharing With A Purpose(herein after referred to as "Tenant/Provider")whose address is 215 Perviz Avenue, Opa- locka,Florida 33054. WHEREAS, the City recognizes the importance of providing supportive services to residents of its community; and WHEREAS,the Tenant/Provider,a not-for-profit organization,has demonstrated an ability to provide these services; and WHEREAS,the City of Opa-locka Parks and Recreation Department wishes to obtain such services from Tenant/Provider for its residents and the Tenant/Provider desires to provide such services; and WHEREAS, the City of Opa-locka has agreed to lease its space on its Park and Recreation Department premises to the Tenant/Provider so that Tenant/Provider can provide its services to residents of the City of Opa-Locka. NOW, THEREFORE, in consideration of the mutual covenants record herein, the parties hereto agree as follows: I THE PREMISES. The Landlord shall lease to Tenant/Provider the premises located at the Sherbondy Village, 215 Avenue, Opa-locka,FL 33054(hereinafter"Premises"). IL THE SCOPE OF SERVICES.While the Tenant/Provider is in possession of the Premises 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. A non-profit which uses a City of Opa-locka facility to provide services must enter into a MOU with the City. Tenant/Provider agrees that at least fifty percent (50%) of its clients at any one time shall be residents of The City of Opa-locka. Failure to serve youth residents at the percentage level described above shall be grounds for termination of this Agreement. Tenant/Provider shall report the following information in writing on a quarterly basis to the Park Director of the City of Opa-locka. The pool maintenance cost is $900.00 per month and the provider will share 50% of the cost for the duration of the program.The provider will provide their own lifeguard and staff for the duration of the program. III. AUTHORIZED AGENT ON PREMISES. Tenant/Provider shall designate a responsible individual on site 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 the Premises by the Tenant/Provider. IV. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from June 11, 2018 to August 10, 2018. V. RENT PAYABLE. Tenant/Provider shall pay rent in the amount of zero ($0) per month/year. The rent shall be due on or before the first of each month/year. In the event Tenant/Provider fails to meet its obligations to serve at least fifty percent (50%) of the residents of City of Opa-locka residents, City shall give Tenant/Provider ten (10) days written notice of their non-compliance. Tenant/Provider shall have ten (10) days from the date of said notice to cure such non-compliance. In the event, Tenant/Provider fails to cure such non-compliance, the City, at its sole discretion, may terminate this Agreement or charge the fair market rent for the Premises, which shall be determined by the City at the expiration of the cure period. VI USE OF PREMISES. Tenant/Provider shall use the Premises 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 space described only during the hours of 8:00 a.m. to 1:00 p.m. and 5:00 p.m. to 7:00 p.m. Monday through Friday, and must exit the pool by 6:45 p.m. Tenant/Provider shall leave the Premises 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. ALL PARTICIPANTS AND VOLUNTEERS MUST SIGN THE RELEASE AND WAIVER ATTACHED AS EXHIBIT C. VII CONDITIONS OF PREMISES.The Landlord shall ensure that the Premises 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 Premises 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 Premises 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 for program participants shall be negotiated with the Landlord. The negotiated parking arrangement shall be reduced to writing and attached to this Agreement as Exhibit B. Buses or commercial vehicles will only be permitted to park at Landlord's facilities to make deliveries or drop off passengers. IX MAINTENANCE.Tenant/Provider shall be responsible for maintaining the Premises.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 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 Premises 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. XL 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. XIL 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. XIIL INDEMNIFICATION BY PROVIDER. (A) All Other Tenants/Provider.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. XIV. INSURANCE. (A) Tenant/Provider Obligations. L 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)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 of Opa-locka. 2. Minimum Insurance Requirements: Certificates of Insurance. The Tenant/Provider shall furnish to the 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 Statute 440. (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.City of Opa-locka must be shown as an additional insured with respect to this coverage. (c) 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. *Note: 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: 1) 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. or 2) 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 Florida," issued by the Department of Financial Services and are members of the Florida Guaranty Fund. (d) Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. (e) 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. (f) Modification or waiver of any of the aforementioned 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. (g) The City reserves the right to inspect the Tenant/Provider's original insurance policies at any time during the term of this Agreement. (A) Failure to Provide Certificate of Insurance.If the Tenant/Provider fails to furnish the City with the Certificate of Insurance or written verification required under this section or as determined by the City after review of the Scope of Services (Attachment A), the City shall suspend this Agreement until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. XV. PROOF OF LICENSURE AND CERTIFICATIONS.If the Tenant/Provider is required by the State of Florida or the City of Opa-locka 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. A. Background Screening: The Tenant/Provider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors.Tenant/Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the City. The Tenant/Provider 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. In the event criminal background screening is required by law, the State of Florida and/or 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. The Tenant/Provider 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 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. If the Tenant/Provider fails to furnish to the City proof that an employee or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working with a vulnerable person or vulnerable persons, the City shall suspend this Agreement and this Agreement may be subject to termination at the sole discretion of the City. XVL CONFLICT OF INTEREST. The Tenant/Provider agrees to abide by and be governed by the City of Opa-locka Charter,Section 7.2,as amended,which is incorporated herein by reference as it fully set forth herein, in connection with its contract obligations hereunder. XVII. CIVIL RIGHTS. The Tenant/Provider agrees to abide 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.,which prohibits discrimination in employment and accommodation because of disability. 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 Courts or the City to be in violation of these Acts, the City will conduct no further business with the Tenant/Provider.Any agreement entered into based upon a false affidavit shall be voidable by the City. If the Tenant/Provider violates any of the Acts during the term of any agreement the Tenant/Provider has with the City, such contract shall be voidable by the City, even if the Tenant/Provider was not in violation at the time it submitted its affidavit. XX. 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. Landlord Tenant/Provider City of Opa-locka Professional Sharing With a Purpose LLC 780 Fisherman Street 215 Perviz Avenue City of Opa-locka,Florida 33054 City of Opa-locka,Florida 33054 XXI. 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. XXII. 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; (3) the Tenant/Provider does not furnish proof of licensure and certification required by this Agreement; (4) the Tenant/Provider fails to pay its percentage of maintenance on or before the date that it is due; (5) the Tenant/Provider does not have the required percentage of City of Opa-locka residents as clients; (6)the Tenant/Provider fails to properly maintain the Premises, make repairs, pay utilities, obtain garbage collection, complete extermination, and or perform other general upkeep of the Premises; (7) the Tenant/Provider discriminates under any of the laws outlined in Section VII of this Agreement; (8) the Tenant/Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit(Exhibit F); (9) the Tenant/Provider, attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; or (10) 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 of 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. (B) Remedies. 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 individual or 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 individual or entity who attempts to meet its contractual obligations with the City 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. (C) Damages Sustained. Notwithstanding the above, the Tenant/Provider shall not be relieved of liability 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. XXHI. TERMINATION BY EITHER PARTY. Both parties agree that this Agreement may be terminated by either party hereto 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. XIV. MISCELLANEOUS. (A) Sublease. The parties agree that 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 sublessors 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 Laws, State Laws and City Ordinances, 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 of Provisions.This (11)page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Agreement Program Narrative (Scope of Services) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. (F) Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and 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 the Provider, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of City, State and Federal governments. (G) 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. (H) The 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. (1) 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. XV.FLORIDA PUBLIC RECORDS LAW. (A) Pursuant to Section 119.0701 of the Florida Statutes, Tenant/Provider shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by a public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that a public agency would provide the records, and at a cost that does not exceed the cost provided by law. (c) Ensure that public records that are exempt from public records disclosure requirements are not disclosed, except as authorized by law. (d) Meet all requirements for retaining public records, and transfer to the City, at no cost to the City, all public records created, received, maintained, and/or directly related to the performance of this Agreement that are in the possession of Tenant/Provider upon termination of this Agreement. All electronically stored records must be provided to the City in a format that is compatible with the information technology system of the City. (e) Upon termination of this Agreement and transfer of all public records to the City, Tenant/Provider shall destroy any duplicate public records that are exempt from public records disclosure requirements. (B) Tenant/Provider's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement, and the City may, in its sole discretion, avail itself of the remedies set forth under this Agreement and available at law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. SIGNATURE PAGE TO FOLLOW Professional Sharing With A Purpose LLC AGENCY'S NAME By (Signature of Authorized Representative) Type or Print Name STATE OF FLORIDA ) )ss COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 2017, by m of who is personally known to me or who produced as identification,and who did[did not]take an oath. Notary Public-State of Florida Print Name: My Commission Expires: CITY OF OPA-LOCKA By Date: Newall J. Daughtrey Acting City Manager Approved as to legal sufficiency: ATTEST: By By. The Brown Law Group, LLC Joanna Flores City Attorney City Clerk City ofOpa-Locka,Florida Parks and Recreation PSWAP Pp Loehr Q O F' O U a AF•®R A O. PARKS AND RECREATION- PROFESSIONAL SHARING WITH A PURPOSE PARTICIPANT CONSENT,RELEASE AND WAIVER OF LIABILITY READ CAREFULLY BEFORE SIGNING IDENTIFICATION OF RISK In consideration for permission to participate in the City of Opa-Locka (`City") Parks and Recreation PSWAP training, activities or classes ("Program"), I hereby VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS THE CITY OF OPA-LOCKA (`CITY") AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS (collectively, RELEASEES) from any and all liability, arising out of any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorneys' fees, which arise out of, result from, occur during or are connected in any manner with my participation in said Program or any related travel, lodging or activities, including such loss, damage, injury or death that may result from RELEASEES' own negligence, and I further WAIVE any right that I, my family, heirs, representatives, or assigns might otherwise have and COVENANT NOT TO SUE said RELEASEES in connection with any such liability. ACKNOWLEDGMENT OF RISK I am fully aware of the risks and hazards connected with participation in the Program, and its related activities, including but not limited to exposure to allergens, infection and diseases, work injuries, and crime, which could result in serious or mortal illness, injuries and property damage, and am fully aware that there may be risks and hazards unknown to me connected with participating in said Program, and I hereby voluntarily elect to participate in such Program, and related activities, knowing that conditions may be hazardous or dangerous to me and my property. WAIVER OF LIABILITY I HEREBY EXPRESSLY RECOGNIZE AND ASSUME ALL RISKS ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS RELEASEES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES OR DEMANDS OF ANY KIND OR NATURE, WHICH MAY ARISE IN CONNECTION WITH MY PARTICIPATION IN ANY ACTIVITY RELATED TO THE EVENT AND RESULTING IN ANY ACCIDENTS, INJURIES, DAMAGES, OR PROPERTY LOSSES ARISING THERE FROM, HOWEVER CAUSED, INCLUDING THE NEGLIGENCE OF ANY PARTY, INCLUDING THE RELEASEES, WHETHER PASSIVE 1 City of Opa-Locka,Florida Parks and Recreation PSWAP OR ACTIVE. By signing this Waiver,I hereby assume FULL RESPONSIBILITY for any risk of bodily injury, death, damages, or property losses due to the negligence of the RELEASEES or otherwise in connection with or related to my participation in the Program, and agree that the RELEASEES may NOT be held liable or responsible in ANY way to me as the participant, or my family,heirs,representatives,or assigns. I understand that the terms and conditions contained within this PARTICIPATION CONSENT, RELEASE AND WAIVER OF LIABILITY AGREEMENT (WAIVER) serve as a release and assumption of risk for me as well as my heirs, estates, executors, administrators and assignees. I hereby acknowledge and agree that it is my obligation to make any necessary inquiries regarding possible risks and hazards from my participation, and regarding my ability, physically or otherwise, to safely participate in the EVENT. In signing this WAIVER I ACKNOWLEDGE and REPRESENT that I have read the foregoing WAIVER,understand it and sign it voluntarily as my own free act and deed; (2) I am at least eighteen (18) years of age and fully competent; or have the signature of a parent or guardian below; (3) I execute this WAIVER for full, adequate and complete consideration fully intending to be bound by the same and intending to bind my heirs, successors, assigns, personal representative and estate; (4) I agree that this WAIVER is to be construed under the laws of the State of Florida, U.S.A. and that venue shall be in Miami-Dade, Florida. By signing this WAIVER, I expressly agree that the foregoing is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the Program is conducted and that if any portion thereof is held invalid, it is agreed that the remainder of the WAIVER shall continue in full legal force and effect. I HAVE READ THIS, AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WAIVER HAVE BEEN MADE, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Participant Signature Date Participant Printed Name IF MINOR PARTICIPANT: Parent or Guardian Signature Date Parent or Guardian Printed Name 2 Q :n x w ci o "• o Co N aw U N E c c O co d in M to to 111 N N O.-1 C 00 C O C co ra C O O ++ C C C �_ 'Q ` Y •C •C O C0 M C 7 , C a1 O �+ H I- C C O s+ u ec N a1 Co< p > o a U 0- 0 J 3 C 2 P_.' ai O r.. L '�- E E E E E O p cc 2 o o d d p o j p co Q 0 0 ▪ Q a U a Q Q E E E E E E o o_ a C a c E a O O 0 00 E p O a• 0 O co N 0 m N N E 00 �n O !! I 3 tO to I t i a-1 'n 'n E E E E fEa a N m u a 0. o Q O_ O. Co 0 0 E 0 9 0 0 j 0 0 0 0 MO• 0 ...... 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Q U) a 0. a a n n O a O O O O 0 0 0 "Y ,- 0 0 0 O O O O O m O a--1 Ln O •-'( u al E O a--I Ln Co a--I Ln N M 4 Lri Lri L'n lD iD Co 3 Cr; Lri Lri Co C.D Lb a--1 a-1 ea co co To 0 a E c L C N L LL E oa Ln E >• (fo (o �' 3 H } (0 ,n (o "a 'a G 0 "a O co LL O H co N aN-+ 0 C0 CC0 � - C0 03X h N > C? 7 N 0 3 a v`n) ate+ L a U L tr J j L ¢ J < J Ln A`,°RD CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 05/11/2018 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION East Main Street Insurance Services,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Will Maddux HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1298 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grass Valley,CA 95945 Phone:(530)477-6521 Email:info @theeventhelper.com INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Lloyds Syndicate 2623 AA-1128623 82% P-Swap Mentoring&Swim Organization INSURER B: Lloyds Syndicate 623 AA-1126623 18% Bridget McKinney 2287 NW 72nd Terrace INSURER C: Hollywood,FL 33024 _INSURER D: — INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE(MDD/YY) DATE(MMIDD/YY) GENERAL LIABILITY EACH OCCURRENCE INCLUDES $ 1,000,000 BODILY INJURY 8 PROPHITY DAMAGE A Y )( COMMERCIAL GENERAL LIABILITY SP-10003-A1074640 06/18/2018 09/19/2018 MED EXP(Any one person) $ 5,000 X CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 X Host Liquor Liability SP-10003-A1074640 06/18/2018 09/19/2018 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Included X POLICY JET LOC DEDUCTIBLE $ 1,000 .-- Retail Liquor Liability $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A Y ANY AUTO SP-10003-A1074640 06/18/2018 09/19/2018 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER Participant Medical Payments SP-10003-A1074640 06/18/2018 09/19/2018 $10,000 Sexual Abuse or Molestation SP-10003-A1074640 06/18/2018 09/19/2018 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder listed below is named as additional insured per attached CG 20 26 07 04. Attendance:100,Event Type:Workshops. CERTIFICATE HOLDER CANCELLATION The City of Opa-Locka SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 780 Fisherman St,4th Floor DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR-TO MAIL 30 DAYS WRITTEN Opa-Locka,FL 33054 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REBENT*TAFGB. ay#0.4 AUTHORIZED REPRESENTATIVE I ACORD 25(2001/08) ©ACORD CORPORATION 1988 Policy Number: SP-10003-A1074640 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) The City of Opa-Locka 780 Fisherman St,4th Floor Opa-Locka, FL 33054 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s)shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 ❑ N _I_, Memorandum of Understanding Between PSWAP-MENTORING AND SWIM ORGANIZATION,INC.and The Black Nurses Association, Inc. (hereinafter referred to as BNA Miami Chapter) 2018-2019 L PURPOSE AND SCOPE This Memorandum of Understanding("MOU")is entered into by the Black Nurses Association,Inc.,hereinafter referred to as"BNA Miami Chapter"and PSWAP- MENTORING AND SWIM ORGANIZATION,INC.,Collectively,these are the Parties to this MOU. The purpose of this MOU is to delineate the Parties'roles and responsibilities,identify areas in which they will assist each other and minimize duplication of efforts as they relate to providing education,training Cmcluding,but not limited to CPR and hands only CPR training),and services. The agreement is intended to offer support during local health fairs,educational programs and training sessions,as appropriate to each party. IL MOU TERMS a. Either party can terminate this agreement at their discretion at any time. b. All parties to this agreement share equally in the responsibility for reviewing terms of agreement as needed,but not less than annually. III. BLACK NURSES ASSOCIATION,INC.RESPONSIBILITIES a. Black Nurses Association,Inc.shall undertake the following activities: i. BNA Miami Chapter will support PSWAP-MENTORING AND SWIM ORGANIZATION,INC.community activities when opportunities present, receive approval by the board of directors and scheduled events do not conflict with existing programs,activities and events scheduled by BNA Miami Chapter. ii PSWAP-MENTORING AND SWIM ORGANIZATION,INC.members will have the opportunity to participate in community programs,activities and events sponsored by BNA Miami Chapter as long as they are members of PSWAP- MENTORING AND SWIM ORGANIZATION,INC.BNA Miami Chapter will recognize PSWAP-MENTORING AND SWIM ORGANIZATION,INC. as a partner on our website and Facebook accounts. Page 1 of 2 BNA—MOU2 VO2MAR203B IV PSWAP-MENTORING AND SWIM ORGANIZATION,INC.RESPONSIWI IT N a. PSWAP-MENTORING AND SWIM ORGANIZATION,INC.shall undertake the following actin: i. PSWAP-MENTORING AND SWIM ORGANIZATION,INC.will inform its members of the option to participate in educational forums,oonmarmity events and activities and 5mdraising efforts pot on by BNA Maw Chapter. ii. PSWAPMffiVTOR NG AND SWIM ORGANIZATION,INC.will provide proof of membership to BNA Miami Chapter for the partictnning member(s).for example,valid membaship card or other membership documentation will be sufficient PSWAP-MENTORING AND SWIM ORGANIZATION,INC.will allow BNA, Miami Chapter to set up an educational I health information table at sdieduled events,utilize office space at Shabondy Village Commimity Center,215 Paviz Avenue,Opa-Locka,FL,for storage,opaational meetings,baud meetings and official office business. V. EFFECTIVE DATE AND SIGNATURE This MOU shall be effective upon the signature of Black Nurses Association,Inc.and PSWAP-MENTORING AND SWIM ORGANIZATION,INC.authorized officials. S•,AI aadDates Black Nurses H .i i Inc. nw I' 4 i AND i1YSt 1NC. a9.v' +, 1K. M/ MARCH s,min Date Date Page 2 of 2 BNA—MOU2 VO2MAR2018 FIRST ADDENDUM TO AMERICAN RED CROSS LICENSED TRAINING PROVIDER AGREEMENT PROFESSIONALS SHARING WTIH A PURPOSE,OPA LOCKA AND OVERTOWN,FL LIT EXPENSES FUNDED BY RED CROSS Year 2 sf 3:2018 2017 Loam-- eam-to-Swim Facility Fees 2 Waived facility fees:$300 (75-500 enrollees) • Programs delivered at the City of Opa Lodes and Overtown Learn-to-Swim: Up to 400 students Scholarship fees:$20 paid by Red • Parent and Child Aquatics Cross per student • Preschool Aquatics • learn-to-Swim Levels 1 -3 • Adult Swim Learning the Basics • Adult Swim—Improving Skrlls and Swimming Strokes General Water Safety/Parent Education Unlimited(estimated 100 No additional fees per year) For wads:Pediatric CPR/AED Up to 40 enrollees Waived course fees-$19 each Course Water Safety Instructot/Basic Swim Up to 6 enrollees AP fees waived-$35 each Instructor course Scholarship fees-$50 each Remaining fop' by instructor candidate orLTP Junior Lifeguarding �Up to 10 enrollees AP fees waived-$10 each Scholarship fees-$40 each Remaining fees paid by instructor candidate orLTP Lifeguarding Up to 6 enrollees AP fees waived-$35 each Scholarship fees-$50 each Remaining fees paid by instructor candidate or LW Water Safety Instructor Trainer 1 enrollee Waived academy fees-$350 IT candidate is responsible for any travel,room and board expenses 1 Notes: • Profeasiomis Sharing with a Purpose focuses on drowning prevention/water safety education/swim lessons burr through August. • While the primacy Centennial location is Shabondy Pool in Opa Loden and secondarily in the City of Overtown,program delivery may capand into other locations.If so,Phenols Sharing with a Purpose will inform the Red Cross.Red Crass will determine if it is necessary to enroll the facilities in the amma1 LTS facility program. • One additional banner and 250 swim cis and goggles will be provided. • The Association of Black Nurses,a member of Professionals Sharing with a Papose,delivas CPR training to patents and caregivers,and will teach American Red Cross Pediatric CPR/AED. • Uml such time that P-SWAP staff become a WS1T,P-SWAP will make anangements for the delivery of the Water Safety InatractorBasic Swim Doctor course,to include all coalmine'agreements with a certified Water Safety instructor Trainer.Red Cross will be invoiced for the appropriate scholarship fees at the conclusion of the training. • Professionals Sharing with a Purpose will determine scholarship eligibility requirements for enrollees. These supplemental Rod Cross materials will be inctodod: Product Number LTS Achievement Booklet(pk/50) 6 packs Longfellow's WHALE Tales DVD 1 Longf how's WHALE Tales Educational Packet 1 Langfelow's WHALE Tales Stickers 6 Pediatric CPR/AED Ready Reference Cards 10 CPR Student Training Sit(for Pediatric CPR/AED)(pk/l0) 10 paces / / Initials Date Initials Date P-SWAP,FL American Red Cross 2