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HomeMy WebLinkAboutR-94-0266J-94-223 3/15/94 RESOLUTION NO. `A- 266 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF DADE COUNTY, FLORIDA ("SCHOOL BOARD"), FOR THE USE OF VARIOUS PARK PLAYGROUNDS; SAID LICENSE AGREEMENT TO BE FOR A FIVE-YEAR PERIOD WITH SUCCESSIVE ONE-YEAR RENEWAL PERIODS AT THE CITY MANAGER'S DISCRETION WITH PAYMENT TO THE CITY, ON A QUARTERLY REIMBURSEMENT BASIS OF EIGHTY PERCENT (80%) OF ALL MAINTENANCE RELATED EXPENSES, INCLUDING PERSONNEL AND UTILITIES EXPENSES; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE AVAILABLE TO THE SCHOOL BOARD THE USE OF OTHER CITY -OWNED PARK AREAS AS MAY BE SELECTED FROM TIME TO TIME BY THE SCHOOL BOARD AND APPROVED BY THE CITY MANAGER, UPON THE TERMS AND CONDITIONS SET FORTH IN SAID LICENSE AGREEMENT. WHEREAS, the School Board of Dade County, Florida ("School. Board"), desires to continue to utilize certain City -owned park properties as playground and recreational areas in connection with their educational objectives; and WHEREAS, the City of Miami is making the properties available for such purposes in the most cost effective manner and wishes to enter into a License Agreement with the School Board; and WHEREAS, the School Board shall supervise and have control over designated recreation areas during regular school hours on regular school days and will continue to allow the public to use r com ms=w MEETING OF APR 1 4 1994 BoWution NO. ;�_ 266 the premises at all other times for recreational and playground purposes and will not otherwise interfere with the City's use of same; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to enter into a License Agreement, in substantially the attached form, with the School Board of Dade County, Florida, ("School Board"), for the use of various park playgrounds; said License Agreement to be for a five-year period with successive one-year renewal periods at the City Manager's discretion with payment to the City, on a quarterly reimbursement basis of eighty percent (80%) of all maintenance related expenses, including personnel and utilities expenses. Section 3. The City Manager is further authorized to make available to the School Board the use of other City -owned park areas as may be selected from time to time by the School Board and approved by the City Manager, upon the terms and conditions set forth in said License Agreement. 94- 266 -2- Section 4. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April 1994. IEN P. CLA MAYOR ATTES MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JULTE O.-'BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY A BSS:M4 RES, II EY 0? 4- 266 -3- LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this day of , 1994, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "CITY"), and the SCHOOL BOARD OF DADE COUNTY, FLORIDA (hereinafter called the "SCHOOL BOARD"). WITNESSETH: WHEREAS, the CITY and SCHOOL BOARD are mutually interested in and concerned with providing and making available recreational and educational programs, activities and facilities for the use and benefit of the people of the City of Miami; and WHEREAS, the CITY owns and has under its jurisdiction various park areas capable of being utilized at mutually suitable times for suitable SCHOOL BOARD programs; and WHEREAS, it has become desirable and necessary for the SCHOOL BOARD to utilize CITY'S properties under the terms of a License Agreement, as playgrounds in connection with the SCHOOL BOARD'S educational objectives; and WHEREAS, the City Commission, by the adoption of Resolution No. , at its meeting on , approved this License Agreement; and WHEREAS, the School Board has authorized the use of said lands in accordance with Board. Action No. , at its meeting on ; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, 004— 266 the receipt of which is hereby acknowledged, the parties hereto agree as follows: l 1. PREMISES TO BE LEASED CITY does hereby grant unto SCHOOL BOARD the right and to enter upon certain City -owned privilege p park areas described in Exhibit A which is attached hereto. CITY further agrees to make available to SCHOOL BOARD the use of other City -owned park j areas as may be selected from time to time by the SCHOOL BOARD and approved by the City Manager upon the same terms and conditions herein set forth. Whenever the SCHOOL BOARD determines that an additional park area should be made available to any school or schools, it shall cause to be submitted to the City Manager ninety (90) days prior to the requested use date, a written request for the use of such park area, describing: the specific area to be used, and the facilities, if any are located therein, to be used (that is, the specific facility such as playgrounds, restrooms, etc. needed for conducting the program); a schedule outlining the particular type or types of recreational programs to be conducted therein, the dates and hours thereof, and any other information required by the CITY in connection therewith. Upon receipt of any such written request, the City Manager shall promptly review the same and approve or disapprove the request in writing. The SCHOOL BOARD may discontinue use of any individual park area at any time upon ninety (90) days written notice to the CITY. The park areas described in Exhibit A and any other additional park areas which the SCHOOL BOARD's requested use of 2 4- 266 has been approved by the City Manager, as outlined above, will hereinafter be called the "AREA". 2. DURATION OF LICENSE AGREEMENT Unless sooner terminated, this License Agreement shall continue in effect for a period of five (5) years, commencing as of _, 1994 and expiring five (5) years later on 1999. This License Agreement may be renewed for additional successive periods of one (1) year each at the discretion of the City Manager, provided SCHOOL BOARD requests said extension in writing ninety (90) days prior to expiration. 3. USE OF AREA SCHOOL BOARD shall supervise and have the use of the AREA only during regular school hours (the "Use Hours") which are specified per site on Exhibit A, during regular school days (the "Use Days") which commence in late August and end in early June. Any change or increase to the Use Days or Use Hours may be requested by SCHOOL BOARD by submitting a written request for the approval of the City Manager. CITY reserves the control and use of the said area for the public at all other times. The AREA shall be utilized as school playgrounds and recreation areas and for purposes incidental thereto. CITY reserves the right to construct recreational facilities on the AREA at such time as it shall be in the best interest of the community, as determined solely by CITY. Such facilities shall be subject to the supervision of and maintenance by CITY. In the event CITY desires to permit a community organization or group to use any portion of the AREA for recreational purposes 04- 266 3 during Use Hours, the CITY will request the written approval of the SCHOOL BOARD, which approval shall not unreasonably withheld. Use of the AREA for carnivals, fairs, exhibits, mechanical rides, midways, or the same or similar kinds of activities, is specifically prohibited. SCHOOL BOARD shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public without first obtaining the written consent of CITY. SCHOOL BOARD may promulgate and enforce reasonable rules and regulations governing the use of the AREA during school hours with written approval of the City Manager. During after -school hours and the period of summer recess, June through August, CITY's recreational programs shall take precedence. Programs shall be coordinated between CITY and SCHOOL BOARD during this time period. 4. IMPROVEMENTS SCHOOL BOARD agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the AREA unless the plans are: a.) first submitted to CITY'S Office of Asset Management for review; and b.) reviewed and approved by all departments and offices of the City of Miami having jurisdiction thereof; and c.) in compliance with all applicable State, County, School i Board and City rules and regulations. If any alteration to or repair of or construction of i improvements is authorized, all work in connection therewith is 04- 266 4 to be done at the sole cost and expense of SCHOOL BOARD. SCHOOL BOARD agrees to obtain and pay for all necessary and applicable permits in compliance with all State, County and City laws, rules and regulations. Upon completion of the work, copies of the paid invoices, receipts and other such documents shall be submitted to CITY by SCHOOL BOARD. Upon the termination of this License Agreement or any renewal thereof, all permanent improvements, in their then existing conditions, shall become the property of CITY without any compensation due SCHOOL BOARD. 5. CONSIDERATION SCHOOL BOARD does hereby covenant and agree to pay CITY as consideration for this License Agreement on a quarterly reimbursement basis, a portion of the maintenance -related expenses for the AREA as is outlined in section 6 below. An itemized invoice will be provided to SCHOOL BOARD by CITY on a quarterly basis. 6. MAINTENANCE OF AREA The AREA shall be maintained by the CITY except that improvements placed thereon by SCHOOL BOARD shall be maintained by SCHOOL BOARD. Maintenance shall consist of mowing, edging, trimming, trash and litter removal, waste removal, irrigation, fence and barrier repair, tree trimming, field maintenance and water and electricity consumption for irrigation. SCHOOL BOARD's proportional share shall be calculated by dividing the total acreage of all CITY parks by the acreage of the AREA. SCHOOL BOARD agrees to pay CITY eighty percent (80%) ,;4- 266 5 of CITY'S actual cost for its maintenance of the AREA. CITY agrees to provide SCHOOL BOARD with the appropriate documentation demonstrating actual quarterly costs incurred and SCHOOL BOARD will submit payment of its 80% share on a timely basis. The actual maintenance costs of the AREA will be calculated as the sum of the following maintenance items: a.) The salaries and benefits of all recreational, maintenance, and any additional personnel as may be deemed necessary by CITY, which are assigned to perform maintenance to the AREA. b.) The purchase, repair, fueling costs and maintenance of all equipment assigned and utilized by the CITY personnel assigned to the AREA, including but not limited to tractors, riding mowers, edgers and weed eaters, etc. c.) The cost of all miscellaneous tools utilized by the CITY personnel assigned to the AREA. d.) The cost of equipment and materials and the related labor costs associated with the quarterly ballfield renovation of the AREA. e.) The cost of fertilizing and maintaining the AREA, including the cost of labor, equipment and materials. f.) The cost of field maintenance by CITY's gang mowing crews, including labor, equipment, materials and transit costs. 0'4- 266 0 g.) The cost of tree trimming the premises including labor, equipment, materials and transit costs. The disposal of tree cuttings is calculated from the quarterly scale fees for all of CITY's maintained parks apportioned to the acreage of the AREA. Personnel and transportation equipment costs from AREA to Metro -Dade Solid Waste are combined with scale fees to arrive at total cost of tree cutting disposal. h.) The cost of any trash disposal and waste collection from the premises including labor, equipment and transit costs. i.) The cost of any property maintenance performed for the AREA including the cost of irrigation repairs, all fence and barrier repairs and any other repairs required if hazardous conditions arise or if deemed necessary. j.) The cost of utilities, including water and electricity, storm water utility fees, and telephone charges consumed upon or for the direct benefit of the maintenance of the AREA. k.) The cost of providing and/or replenishing playground sand, including the operational costs of the dump truck, payloader, and equipment operators for the benefit of the AREA. 1.) SCHOOL BOARD'S proportional costs shall include CITY administrative personnel necessary for 'a- 266 7 maintenance of the AREA. Administrative City of Miami Department of Parks and Recreation personnel shall consist of an Assistant Director; the Chief of Operations; the Parks Services Coordinator; two Typist Clerk IIIs who maintain time cards, coordinate the maintenance of equipment, order supplies and log all work orders; an Account Supervisor; an Accountant; an Administrative Aide I; a Typist Clerk II responsible for the payroll function; and five (5) Operations Supervisors for Equipment. m.) The cost of fringe benefits associated with the labor costs detailed above. 7. STORMWATER UTILITY FEES SCHOOL BOARD shall pay eighty percent (80%) of Stormwater Utility Fees imposed upon the AREA. CITY shall provide SCHOOL BOARD with the appropriate documentation demonstrating actual costs incurred and SCHOOL BOARD will submit payment of its 80% share on a timely basis. 8. NO LIABILITY FOR PERSONAL PROPERTY CITY and SCHOOL BOARD agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss and damage to such property by any cause whatsoever. CITY and SCHOOL BOARD hereby waive all rights i of subrogation against each other under any policy or policies they may carry or on property placed or moved on the AREA. 8 '4- 266 9. INDEMNIFICATION The SCHOOL BOARD shall assume all risks in connection with this License Agreement, and shall be solely responsible for all accidents or injuries of any nature to persons occurring during the SCHOOL BOARD's use of the AREA, by reason of or as result of SCHOOL BOARD's, or any of its employees, agents, students and invitees, occupancy of the AREA, and shall be liable to pay any claims or judgments, including any amount authorized by a special claims bill in connection therewith, except that SCHOOL BOARD shall not be responsible for any personal injury claims, losses and causes of actions which may arise solely as a result of the CITY's negligence. 10. SUCCESSORS AND ASSIGN This License Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives and successors. 11. CITY'S CONTINUED RIGHT OF ENTRY SCHOOL BOARD agrees to permit CITY through its City Manager or his designee to enter upon the AREA for any purpose CITY deems necessary to, incident to, or connected with, the performance of CITY'S duties and obligations hereunder or in the exercise of its rights and functions, provided CITY does not unreasonably interfere with or unduly burden SCHOOL BOARD's operations. 12. NOTICE AND GENERAL CONDITIONS All notices or other communication which shall or may be given pursuant to this License Agreement shall be in writing and shall be delivered by personal service or by registered mail 4- 266 o, addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. NOTICE TO CITY: City of Miami City Manager Attn: Office of Asset Mngmt. P.O. Box 330708 Miami, F1. 33233-0708 NOTICE TO SCHOOL BOARD: The School Board of Dade County Attn: Superintendent of Schools 1450 N.E. 2 Avenue Miami, F1. 33132 with a copy to: Dade County Public Schools Site Planning & Gov't Liaison Dept Attn: Director 1444 Biscayne Blvd., Suite 302 Miami, F1. 33132 Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this License Agreement. In the event of a conflict between the terms of this License Agreement and any terms or conditions contained in any attached documents, the terms of the attached documents shall govern. 13. SPECIAL ASSESSMENTS OR TAXING DISTRICTS SCHOOL BOARD shall pay eighty percent (80%) of any and all charges, taxes or assessments levied against the AREA during the term of this License Agreement or any renewals thereof. 14. NONDISCRIMINATION SCHOOL BOARD agrees that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the 10 04- 266 use of the AREA and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, CITY shall have the right to terminate this License Agreement. 15. AMENDMENTS CITY and SCHOOL BOARD, by mutual agreement, shall have the right but not the obligation to amend this License Agreement. Such amendments shall be effective only when signed by both City Manager and by an authorized representative of the SCHOOL BOARD and shall be incorporated as a part of this License Agreement. 16. AWARD OF AGREEMENT CITY and SCHOOL BOARD warrant that they have not employed or retained any person employed by CITY or SCHOOL BOARD to solicit or secure this License Agreement and that they have not offered to pay, paid, or agreed to pay any person employed by CITY or SCHOOL BOARD any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this License Agreement. 17. CONFLICT OF INTEREST To the best of their knowledge and belief, CITY and SCHOOL BOARD both state that no person under their employ who presently exercises any functions or responsibilities in connection with this License Agreement has any personal financial interests, direct or indirect, in this License Agreement. 18. CONSTRUCTION OF AGREEMENT This License Agreement shall be construed and enforced according to the laws of the State of Florida. �'4- 266 11 19. SEVERABILITY In the event any paragraph, clause or sentence of this License Agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject License Agreement and the balance of the License Agreement shall not be affected by the deletion thereof. 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of federal, state and local governments, including the Americans with Disabilities Act, as they apply to this License Agreement. 21. WAIVER No waiver of any provisions hereof shall be deeded to have been made unless such waiver is in writing and signed by CITY or SCHOOL BOARD. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this License Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 22. FAILURE TO COMPLY WITH CONDITIONS CITY shall provide SCHOOL BOARD with written notice of any I failure to perform or comply with the terms and conditions contained herein to be performed by SCHOOL BOARD. If SCHOOL BOARD fails to comply within thirty (30) days after CITY gives SCHOOL BOARD notice of such fact, the CITY shall have the right to terminate this License Agreement without further action from the CITY. 1'4- 266 12 SCHOOL BOARD shall provide CITY with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by CITY. If CITY fails to comply within thirty (30) days after SCHOOL BOARD gives CITY notice of such fact, the SCHOOL BOARD shall have the right to terminate this License Agreement without further action from the SCHOOL BOARD. 23. WAIVER OF JURY TRIAL SCHOOL BOARD waives a trial by jury of any and all issues arising in any action or proceeding between the parties hereto, or their successors or assigns, under or connected with this License Agreement, or any of its provisions, the relationship of the parties, the SCHOOL BOARD'S use or occupancy of the AREA, SCHOOL BOARD'S rights thereto, and/or any claim of injury or damage and any emergency statutory or any other statutory remedy, or otherwise. 24. WAIVER OF RIGHTS No failure on the part of the CITY to enforce or insist upon performance of any of the terms of this License Agreement, nor any waiver of any right hereunder by the CITY, unless in writing, shall be construed as a waiver of any other term or as a waiver of any future right to enforce or insist upon the performance of the same term. 25. ENTIRE AGREEMENT This License Agreement represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this License Agreement and are therefore no longer valid. 13 04- 266 IN WITNESS WHEREOF, the parties hereto have individually through their proper officials, executed this License Agreement the day and year first hereinabove written. THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Cesar H. Odio City Manager ATTEST: Matty Hirai City Clerk Approved as to form and correctness: 1 City Atto�y Approved as to insurance requirements: Sujan S. Chhabra, Director Risk Management Department 14 THE SCHOOL BOARD OF DADE COUNTY, FLORIDA By: Betsy H. Kaplan Chairperson Octavio J. Visiedo Superintendent of Schools Attorney for the School Board '4- 266 EXHIBIT A (This is a draft exhibit for purposes of developing a License Agreement. A description of each of the following park playground areas will be provided with the final copy of the License Agreement.) Park & Location: AREA Athalie Range Park - 525 N.W. 62 Street 11.85 acres Biscayne Park - N.E. 19 St. between N. Miami & 2 Ave. 3.15 acres Gibson Park - 401 N.W. 12 St. 8.04 acres Grand Ave. (Armbrister) Park - 236 Grand Ave. 4.47 acres Lemon City Park - N.E. 58 St. & Miami Ct. 2.80 acres Shenandoah Park - 1800 S.W. 21 Ave. 10.00 acres West End Park - 250 S.W. 60 Ave. 6.94 acres 04- 266 i a CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 35 TO: Honorable Mayor and Members of the City Commission DATE:* 1 FILE SUBJECT : Resolution Authorizing License Agreement with School Board of Dade County FROM : REFERENCES CesarVer o For City Commission City ENCLOSURES Meeting of 3/24/94 RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution, with attachment, authorizing the City Manager to execute a License Agreement with the School Board of Dade County, Florida (School Board), in a form acceptable to the City Attorney, for the use of various park playgrounds, for a five-year period with successive one-year renewal periods at the City Manager's discretion. As consideration, the School Board will pay sixty percent (60%) of the City's actual costs on a quarterly reimbursement basis for its maintenance of the areas, including administrative, recreational and maintenance personnel assigned to perform maintenance to the areas; costs of equipment and materials; general maintenance expenses and utilities. Said License Agreement will allow for the addition and deletion of park playground areas as requested from time to time by the School Board and approved by the City Manager upon the terms and conditions set under the License Agreement. BACKGROUND The School Board of Dade County, Florida (School Board) entered into six individual Lease Agreements on December 29, 1987 with the City for use of six playgrounds: Athalie Range Park; Gibson Park; West End Park; Grand Avenue Park; Lemon City Park; and Shenandoah Park, which are all located adjacent to elementary schools. Said agreements have expired and the terms and conditions for use of the playground areas have been renegotiated and the consideration from the School Board has increased to include payment of administrative salaries and payment for utilities as per the attached License Agreement. The attached License Agreement initially includes portions of seven park properties, with a combined 47.25 acres. The agreement authorizes the City Manager to make available to the School Board the use of other City -owned park areas as may be requested from time to time by the School Board. Commencing in 1999, annual renewal periods may be available at the City Manager's discretion. enclosure: Proposed Resolution Proposed License Agreements ti d - 2 6 6 i �s--i