Resolution No. 2016-55 Second Amendment to Agreement with The Peforming Arts Center Authority for Aventura Arts & Cultural Center - September 6, 2016 RESOLUTION NO. 2016-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE
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
Second Amendment to the Agreement between the City of Aventura and the
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 Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2016-55
PASSED AND ADOPTED this 6th day of September, 2016.
ENID WEISMAN, MAYOR
-rs �
ov
ATTEST:
ELLISA L. HORV'r C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
i
SECOND AMENDMENT
TO
AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE
AVENTURA ARTS & CULTURAL CENTER
SECOND AMENDMENT
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 Second Amendment ("Second Amendment") to the Agreement dated
September 28, 2012 ("Agreement" or "AGREEMENT"), between: PERFORMING ARTS
CENTER AUTHORITY, 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 through 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
1 Aventura & PACA Second Amendment
I
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. The parties hereby agree to renew the AGREEMENT through September 30,
2017, as the second of the above-described and permitted one-year renewal terms.
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 through the end of the
first one-year renewal ending September 30, 2016, 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. Effective on
October 1, 2016, with the commencement of the second renewal period, the
fees for Services, as stated in section 5.1.1 shall be payable to PACA as
follows: Eleven Thousand Three Hundred Thirty Dollars ($11,330.00)which is
due every thirty (30) calendar day cycle with the first payment due on October
30, 2016. If the gross revenues exceed Two Hundred Twenty-five Thousand
Dollars ($225,000.00) for the period of October 1, 2015, through September
30, 2016. PACA shall be paid an additional $12,000 for that period no later than
October 30, 2016. If the gross revenues exceed Two Hundred Twenty-five
Thousand Dollars ($225,000.00) for the period of October 1, 2016, through
September 30, 2017, PACA shall be paid an additional $12,000.00 for that
period no later than October 30, 2017, even if the AGREEMENT is not renewed
for a third one-year renewal term. 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 and
beverage revenues, parking revenue and any other net revenues generated by
the operations of the AACC from the users of the AACC.
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 Second 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.
Aventura & PACA - 2 - Second Amendment
IN WITNESS WHEREOF, the parties hereto have made and executed this Second
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:
By �� /
Af
PACA's Boar can Chair
(SEAL) p day of ,TWOI Obt , 2016
Approved as to form by PACA's General Counsel,
Joni Armstrong Coffey, Broward County Attorney,
in Fort Lauderdale, Broward County, Florida
7`
By
Andrea S. Froome (Date)
Senior Assistant County Attorney
Aventura & PACA - 3 - Second Amendment
SECOND 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
�
^ ::_; ._:::G CITY OF AVENTURA, a municipality
"_ = � in the State of Florida
N!jig+� st✓Y'
ti %,(;). 01y
F_L � By
Eric M. Sore - y Manager
day of, 4-4 , 2016.
ATTEST:
APPROVED AS TO FORM:
City Clerk
By
Weiss Serota Helfman Cole
& Bierman, P.L
r<it '\ City Attorney
(SEAL) G
Cct•f 0‘ �xc
Aventura & PACA - 4 - Second Amendment
I