Miami-Dade Legislative Item
File Number: 092164
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File Number: 092164 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1001-09 Control: Board of County Commissioners
File Name: AMENDING LEASE TO PROVIDE SERVICES ON SITE AT CVAC Introduced: 7/16/2009
Requester: NONE Cost: Final Action: 7/21/2009
Agenda Date: 7/21/2009 Agenda Item Number: 14A32
Notes: Title: RESOLUTION AMENDING THE LEASE AGREEMENT ORIGINALLY APPROVED PURSUANT TO RESOLUTION 1102-08 THAT WAS TO BE EXECUTED WITH COMMUNITY PARTNERS FOR THE PROVISION OF SERVICES AT THE COUNTY’S COORDINATED VICTIMS ASSISTANCE CENTER (“CVAC”); AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO ENTER INTO AGREEMENTS WITH ADDITIONAL COMMUNITY PARTNERS FOR THE PROVISION OF SERVICES AT THE CVAC; AND AUTHORIZING THE EXECUTION OF THE AMENDED LEASES WITH COMMUNITY PARTNERS TO PROVIDE SERVICES ON SITE AT THE CVAC [SEE ORIGINAL ITEM UNDER FILE NO. 091869]
Indexes: AMENDMENT TO LEASE
Sponsors: Joe A. Martinez, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/21/2009 14A32 Adopted P

County Manager 7/16/2009 Additions 7/21/2009

County Attorney 7/16/2009 Assigned Mandana Dashtaki 7/16/2009

Housing & Community Development Committee 7/15/2009 2I AMENDED Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. Chairwoman Edmonson expressed concern with the large number of County Coordinated Victims Assistance Centers (CVAC) and stated that she was informed that approximately $179,000 in utilities costs was being waived annually. In response to Chairwoman Edmonson’s concern, Ms. Irene Taylor-Wooten, Assistant County Manager, advised that those costs were waived for only the non-profit CVAC agencies. Ms. Yvonne Mason (phonetic), Department of Human Services, explained that the majority of CVAC partners provided services on a part-time basis free of charge. Commissioner Martinez accepted Ms. Wooten’s proposed amendment to include language specifying that the waiver pertained to only non-profit agencies. There being no further questions or comments, the Committee voted to forward the foregoing proposed resolution to the BCC with a favorable recommendation with Committee amendment(s) to insert the language “…not-for-profit…” between the words “CVAC’s” and “community” in the first paragraph of Section 1, on handwritten page 4. Chairwoman Edmonson requested staff to prepare the appropriate memorandum to the Board of County Commissioners (BCC) Chairman Dennis C. Moss, requesting a waiver of the Board’s Rules and Procedures to hear the foregoing proposed resolution at the next Board of County Commissioner’s meeting on July 21, 2009.

Legislative Text


TITLE
RESOLUTION AMENDING THE LEASE AGREEMENT ORIGINALLY APPROVED PURSUANT TO RESOLUTION 1102-08 THAT WAS TO BE EXECUTED WITH COMMUNITY PARTNERS FOR THE PROVISION OF SERVICES AT THE COUNTY’S COORDINATED VICTIMS ASSISTANCE CENTER (“CVAC”); AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO ENTER INTO AGREEMENTS WITH ADDITIONAL COMMUNITY PARTNERS FOR THE PROVISION OF SERVICES AT THE CVAC; AND AUTHORIZING THE EXECUTION OF THE AMENDED LEASES WITH COMMUNITY PARTNERS TO PROVIDE SERVICES ON SITE AT THE CVAC

BODY
WHEREAS, pursuant to Resolution 1102-08, the Board of County Commissioners (the “Board”) adopted a Resolution authorizing the County Mayor or Mayor’s designee to negotiate and execute memoranda of understanding with community partners for the provision of services at the County’s Coordinated Victims Assistance Center (“CVAC”); and
WHEREAS, Resolution 1102-08 also authorized the execution of a lease agreement with the community partners that provide services on site at the CVAC; and
WHEREAS, Article III of the lease approved by Resolution 1102-08 provided that the CVAC tenants were to be responsible for a share of operational costs that included: utilities, custodial services and photocopies; and
WHEREAS, since the opening of the CVAC an analysis was conducted to ensure that the community partners are in the best position to continue to provide services at both their original locations as well as their new satellite locations at the CVAC; and
WHEREAS, the County recognizes the financial constraints on the community partners associated with being situated in multiple locations and therefore desires to amend the lease to prevent the burden of additional utility payments from having an impact on the community partners’ ability or desire to participate on site at the CVAC; and
WHEREAS, it is in the best interest of the County and the community partners that are providing invaluable services to the CVAC to execute an amended lease, in substantially the same form as Attachment A, which amends Article III of the original lease to release the community partners from the obligation to pay for a pro-rated share of the operational costs; and
WHEREAS, Article III of the original lease shall be amended to reflect that the only operational costs that the Tenant is to be responsible for is the cost to maintain security services outside of CVAC’s normal hours of operation; and
WHEREAS, the CVAC and the community partners approved pursuant to Resolution 1102-08 have already provided many important and necessary services to the residents of Miami-Dade County; and
WHEREAS, Miami-Dade County recognizes the synergistic value of continued networking and collaboration in public/private initiatives involving government agencies, community-based organizations, health and human services providers, and law enforcement; and
WHEREAS, Miami-Dade County requires the flexibility to engage and incorporate new community partners in order to further and support CVAC’s mission,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Authorizes the Mayor of Mayor’s Designee to execute the amended lease in substantially the same form as Attachment A with CVAC’s >>not-for-profit<<1 community partners that provide services on site at the CVAC, thereby only requiring said community partners to pay to maintain security services when they are at the CVAC outside the normal hours of operation established by the County.
Section 2. Authorizes the Mayor or Mayor’s Designee to negotiate and execute Memoranda of Understanding with any additional community partners that demonstrate an ability to further and support CVAC’s mission.
Section 3. Authorizes the Mayor or Mayor’s Designee to execute the amended lease as attached with additional not-for-profit entities if space is available, said space is not needed for use by the County and the not-for-profit’s presence at the CVAC will further and promote the mission of CVAC.
Section 4. Authorizes the Mayor or Mayor’s Designee to execute any contracts and agreements necessary to effectuate any of the purposes of this Resolution, and to exercise amendments, modifications, renewal, cancellation, and termination clauses of said agreements, following their approval by the County Attorney’s Office, on behalf of Miami-Dade County, Florida.

1 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.



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