2015-53 Amendment 1 to Agreement with Performing Arts Center Authority for Aventura Arts & Cultural Center RESOLUTION NO. 2015-53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AMENDMENT 1 TO THE AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PERFORMING ARTS
CENTER AUTHORITY FOR MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS &
CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Amendment 1 to the Agreement between the City of Aventura and Performing Arts
Center Authority for management, programming and operational support services for
the Aventura Arts & Cultural Center.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution and the Agreement.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved
its adoption. The motion was seconded by Commissioner Shelley, and upon being put
to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Enbar Cohen Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2015-53
Page 2
PASSED AND ADOPTED THIS 1St day of September, 2015.
*4 ,r
C-4 oi 5x4'''' mot/()c-'1,
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORN/a H, 1 MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
c.‘...___,
CITY ATTORNEY
1
AMENDMENT 1
TO
AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE
AVENTURA ARTS & CULTURAL CENTER
AMENDMENT 1
To
AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE
AVENTURA ARTS & CULTURAL CENTER
This is the First Amendment to the Agreement dated September 28, 2012 ("Agreement"),
between: PERFORMING ARTS CENTER AUTHORITY (PACA), an independent special district and
a public body, politic and corporate, in Broward County organized in the State of Florida under the
laws of Florida (hereinafter "PACA"), which is located at the Broward Center for the Performing Arts
in Broward County, Florida 33312 and the City of Aventura (hereinafter "CITY" or "AVENTURA"), a
Florida municipal corporation, collectively referred to as the "parties or "Parties".
The parties hereby agree to amend the AGREEMENT, as indicated by underlined text for
additions and stricken — thru text for deletions from the existing Agreement text of Article 4 and
Section 5.2.1, as follows:
ARTICLE 4
TERM AND TIME OF PERFORMANCE
The initial term of this Agreement shall begin on October 1, 2012. ("Effective Date"), and it shall
continue in full force and effect for thirty six (36) months through September 30, 2015, unless
terminated sooner as provided in Article 7 herein .Thereafter, the Agreement shall be subject to
renewable one-year terms not-to-exceed a total of five (5) one-year terms, upon mutual written
amendment to this Agreement by PACA and AVENTURA at the City's discretion. If the term of
this Agreement extends beyond a single fiscal year of PACA or of AVENTURA, the continuation
of this Agreement beyond the end of any fiscal year shall be subject to the appropriation and
availability of funds in accordance with Chapter 129, Florida Statutes, as amended, and Florida
Statutes Section 166.241, as amended. The parties hereby agree to renew the AGREEMENT
through September 30, 2016, as the first of the above described and permitted one- year renewal
terms.
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5.2 METHOD OF BILLING AND PAYMENT FOR AVENTURA'S PAYMENTS TO PACA
5.2.1 The fees for Services as stated in Section 5.1.1 shall be payable by AVENTURA to
PACA as follows:
Commencing with the Effective Date of this Agreement, The fees for Services, as stated
in section 5.1.1 shall be payable to PACA as follows: Eleven Thousand Dollars
($11,000.00) is due every thirty (30) calendar day cycle. In the event the net revenues
•- L A - - - -- - - -- , ! • _ .. • _ _ - • -!, !
equal at least Two Hundred Thousand Dollars ($200,000.00) , PACA shall be paid an
additional Twelve Thousand Dollars ($12,000.00) for the period no later than October
-a, ! •- - - - ---e - - - -e • _ . _ •e
e- -- - •• '!! - ! - ! • If the gross
revenues exceed Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the
period of October 1, 2014 2015 through September 30, 2015 2016, PACA shall be paid
an additional $12,000 for that period no later than October 30, 2015 2016. Net
revenues as used in this section shall include ticket sales for AACC Presents
performances, box office fees, facility fees, facility rent, service package fees,
production service fees, net food & beverage revenues, parking revenue and any other
net revenues generated by the operations of the AACC from the users of the AACC.
. .. ! •- -- e e..e e * A - A _
by three percent (3%) and then on October 1, 2014, the fees for services paid to PACA
shall be increased by three percent (3%) or the consumer price index for that date,
whichever is less.
PACA will submit invoices for compensation following the end of each thirty (30)
calendar day cycle, after the services for which invoices are submitted have been
completed. An original invoice will be submitted by PACA to AVENTURA. Invoices shall
designate the nature of the services performed for the period.
EFFECTIVE DATE
The effective date of this Amendment to the AGREEMENT shall be the date of complete
execution by the parties, and the Agreement shall remain in full force and effect, except as
amended above..
[THIS SPACE INTENTIONALLY LEFT BLANK.]
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•
IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment
to the AGREEMENT dated September 28, 2012, on the respective dates under each signature:
PERFORMING ARTS CENTER AUTHORITY, signing by and through its Chair or Vice Chair, and
CITY OF AVENTURA, signing by and through its City Manager, duly authorized to execute same.
PACA
PERFORMING ARTS CENTER AUTHORITY, an
independent special district and a public body politic and
corporate
ATTEST:
PA. _i... " By //
PACA's Board ecretary Chair
edk-S 1S-644
(SEAL) 3(6 day of .Sel rai 7L , 2015
Approved as to form by PACA's General Counsel, Joni
Armstrong Coffey, Broward County Attorney, in Fort
Lauderdale Broward County, Florida
By ' -Q- (q-3i5)
Andrea S. Froome (Date)
Senior Assistant County Attorney
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„
FIRST AMENDMENT TO THE AGREEMENT BETWEEN PERFORMING ARTS CENTER
AUTHORITY AND CITY OF AVENTURA FOR, MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
AVENTURA
7 1,
A%FR
V r
j B -. CITY OF AVENTURA, a municipality in the
\ if : State of Florida
<<ry of vice B
By
Eric M. Soroka, anager
i day of e-, ', 2015.
ATTEST:
, ...i.......i....�� APPROVED AS TO FORM:
City Clerk 1/ 1 )-))\_ A'1 \\t,
By
Weiss Serota Helfman Cole & Bierman, P.
City Attorney
(SEAL)
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