HomeMy WebLinkAboutR-80-0353RESOLUTION NO. 8 0- 3 5 3
A RESOLUTION AUTHORIZING TILE CITY MANAGER
TO EXECUTE A CONTRACTUAL, AGRI:EMENT WITH
YOUTH INDUSTRIES, INC., FOR THE OPERATION
OF AFRICAN SQUARi: PARE; WITH FUNDS IN THE
AMOUNT O $ 78,450 , IN ACCORDANCE
WITH THE TERMS AND CONDITIONS CONATINED
IN THE ATTACHED AGREI-311:NT. it n �-e'f�
FOLLOW"
WHEREAS, the Commission of the City of Miami, by the adoption
of Resolution No. 73-749, dated September 25, 1973), indicated
support for African Square Park, as a part of the Dr. Martin Luther
King Boulevard Linear Park; and
WHEREAS, Youth Industries, Inc., a recreation, economic, and
social services organization for the citizenry residing in the
Miami area, has been operating African Square Park on assignment
from 62nd Street Community Development Corporation since May of
1978; and
WHEREAS, Youth Industries, Inc., has submitted a proposal
for continued operation of the park and it is considered in the
best interest of the City to engage Youth Industries, Inc., in
agreement for said operation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
a contractual agreement with Youth Industries, Inc., for the
operation of African Square Park with funds in the amount of
$ 78,450 , in accordance with the terms and conditions contained
in the attached agreement.
PASSED and ADOPTED this 8TH day of MAY , 1980.
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P F.PAR, ;�� AND AI'I? t VED BY;
Assistan ,,City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
e rge9F. Knox, , I . , City Attorney
MAURIrF A- FFRRF
MAYOR
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MEETING OF.
MAY 8 1980
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24
Joseph R. Grassie
City Manager
i^1-'SR-OF 'ICC ?•1ct.1C7i3;U`i 'UPI
A ert Ho d; Actor�'
Department of Leisure Services
Ai' -
April 29, 1980
Resolution - Contractual
Agreement for African
Square Park
:�,.r - i. i r .
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It is recommended that the City of Miami
engage Youth Industries, Inc., for the
operation of African Square Park with funds
in the amount of $78,450 in accordance with
the terms and conditions of the said
contractual agreement as per the attached
resolution.
In May of 1978, the City Commission ratified an Agreement with
the 62nd Street Community Development Corporation, with Youth
Industries, Inc., as the assignee, for operation of African
Square Park. Youth Industries, Inc., has been the sole operator
of the Park since that time and have submitted a proposal for
continued operation with terms and conditions to include, but
not limited to, the follo,::i.ng:
1. The terms of this Aur-eement shall be from the time of
ratification through the remainder of this fiscal year
(September 30, 1980).
2. Funds are provided by the City in the amount of $78,450.
$29,047 for personnel services, and $49,403 for the
operating expenses.
3. The management of the Park shall include all recreation,
economic, and social activities, meeting needs as dictated
by the community.
4. Standards for execution and management of all programs
shall be in conformance to City of Miami policies for
parks and playgrounds.
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encl.
80-353
OPERATIONAL AGREEMENT
,
FOR
AFRICAN SQUARE PARK
BETWEEN
CITY OF MIAMI
AND
YOUTH INDUSTRIES, INC.
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80-353
0
AGRI:I': iCNT
THIS AGREEMENT entered into this day of , 1980
by and between the CITY OF MIAMI, a municipal corporation of the State of
Florida, hereinafter referred to as "CITY", and YOUTH INDUSTRIES, INC., a
non-profit corporation incorporated under the laws of the State of Florida,
hereinafter referred to as "OPLI: ATOR".
t.t T rM,I t'C R1 q,I1
WHEREAS, the Commission of the City of Miami, by the adoption of Resolution
No. 73-749 dated September 25, 1973, indicated support for African Square Park,
as a part of. Dr. Martin Luther King Boulevard Linear Park, and approved the
use of $57,390 from the 73-74 general revenue sharing funds to aid the project;
and
WHEREAS, YOUTH INDUSTRIES, INC., is a recreational, economic, and social
service organization for the citizenry residing in the Miami area, and have
submitted a proposal thereof; and
WHERI711S, the Commission of the City of Miami, by the adoption of Resolution
No. authorized the City Manager and the City Clerk to enter into an
agreement with YOUTH INDUSTRIES, INC., for the operation of African Square Park,
thereon owned by the City of Miami, for the operation of community recreation,
economic, and social service facilities; and
WIIEREI+S, YOUTH INDUSTRIES, INC., has been successfully operating African
Square Park since May of 1978, and, therefore, is considered to be of best
interest in authorizinq the City Manager and City Clerk to engage YOUTH
INDUSTRIES, INC., in said agreement;
NOW, THERIXORE, in consideration of the promises and mutual covenants
hereinafter contained to be observed and performed, the parties hereto covenant
and agree as follows:
1. DESCRIPTION OF THE I'RE:!•tISES TO BI: SE:RVICES:
The City hereby engages the OPERA'POR to operate, serve and maintain
that certain real property for said services legally described as:
(a) All of Lots 11. through 20 and Lot 29, Block 10 of resubdivision
of ORANGE HE•'IGHTS, according to the plat thereof, recorded in Plat Book 14,
page 62 of the Public Records of Dade County, Fl.oriLla, and generally located at
N. W. 14 Avenue and Dr. Martin Luther King Boulevard (N. W. 62 Street).
(b) The OPEIZATOR may lease, from the 6.1nd Street Caiianercial Develop-
ment Corp., at its sole cost and expense, the adjacent facility, 14s_t6 N. W.
62 Street, and conduct expanded services thereon, providud said property is
included and/or covered with insurance requirements stipulated in paragraph
10 of this Agreement:.
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UUUMENTS
FOLLOWYY
80-353
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2. TERM:
The term of this Agreement shall be for a period of5/12 year com-
mencing on the ath day of :•lay , 1980 and terminating on the 30th day of
September, 1980. It is mutually agreed that the Agreement may be terminated
by either the CITY or the OPERATOR as stipulated in Section 14 and 15 of the
Agreement.
3. FUNDING:
The CITY shall provide to YOUTH INDUSTRIES, INC., funding for the
term of the Agreement in the amount of _ $ 78,450 , to be utilized and
distributed as indicated in the accepted bucic.let for the facility, attached
hereto for reference. With exception of OPEPATOR'S retention of Fifty Percent
(50%) of the Concessionaire's fees, as described in Section 7 (b) and (c), and
the possibility of the CITY funding special, social and/or cultural events,
this amount will be the sole amount allotted to the OPERATOR for the term of
the Agreement. The CITY will reserve the right to reveiw and audit accounts
and records of the OPERATOR and correct or make changes if necessary.
4. DUTIES OF OPERATOR:
I. MAINTENh,7CE OF' PRI.-IISF.S :
(a) The CITY shall, at its sole cost and expense, maintain the
premises as described in Paragraph 1, Section (a), in accordance with standards
applied for park and playgrounds in the City of Miami.
(b) The OPEPv1TOR shall provide, at its sole cost and expense,
all custodial or janitorial services and furnish all equipment and personnel
necessary to maintain the premises primarily those described in Paragraph 1,
Section (b), in a condition of proper cleanliness, orderliness and state of
attractive appearance at all times.
(c) The OPERATOR shall not suffer or permit any waste or
deterioration of the premises or its fixtures, contents or equipment caused by
vandalism, malicious mischief or other acts of persons under the control of
the OPERATOR. These shall include, but not be limited to, the plumbing and
other pipes, all components of the heating, air conditioning, refrigeration,
cooking, ventilating system, electrical systems, telephone, gas and public
utility systems and lines, and the landscaping, fencing, windows, paint and
other elements of the structure or structures on the premises.
II. f•1ANAGL•'MEIIT DUTIES:
(a) The OPENNTOR shall use the premises described herein for the
primary purpose of conducting community recreational, economic, and social
services as described in the proposal submitted and attached hereto for reference.
(b) The OPERATOR will have the right to exercise its judgment and
expertise for complete park operation and management in keeping with standards
described in Paragraph (c) of this Section. however, OPERATOR shall insure
that the premises are staffed seven (7) days a week.
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(c) The CITY shall reserve and exercise, when deemed necessary,
the tight to monitor and make changes in programs and activities of the facility
under this Agreement. The OPERATOR will provide to the Director of the Depart-
ment of Leisure Services, or the CITY'S designee, in writing, schedules of all
programs, activities, events, etc., on a monthly basis prior to initiation.
The OPLRATOR shall be notified in writing by the Department of 1.uisU re Services,
or the CITY'S designee, as to any changes to be made. Such right:; shall also
include safety procedures, administration, staff, policies, and conduct, park
operation policies, etc. The CITY will notify in writing any changes with
due cause deemed necessary. The OPERATOR shall be required to follow recreation
standards which closely relate to existinq CITY policies for all aspects of
operating the facility. This shall include:
(1) Personnel. to be employed under Agreement shall have desirable
backgrounds and knowledge .in the field of recreation:
(a) Recreation Leader I, instructing and assisting in the
supervision of activities, a high school graduate required, preferably
supplemented by two years of college, and some experience or participation in
recreational activities.
(b) Recreation Leader II, general recreation work in conducting
and supervising programs and activities, completion of two years of college
in recreation or related field with experience in recreation work or two years
full time experience in field required.
(c) Project Coordinator, administrative and supervisory work
of a professional nature in planning, organizing and supervising recreational
programs of a wide variety, with four year college degree required in recreation
or related field and experience in recreation work or two years of college in
recreation and related field and two years full time experience in recreation
work. This position shall be a "Job Basis" position as described in City of
Miami Policies.
(d) The Executive Director shall be a "Job Basis" position, and
in no circumstance shall this employee work less than 40 hours bi-weekly, and
he/she must represent African Square Park at all necessary Commission meetings,
community meetings, and to the City administration as dictated.
(e) Secretary shall be required to do basic clerical work
including typing, operation of office machines, and acting as a receptionist.
(f) ContracUal employee as described in the attached budget
shall be eligible for. one (1) weeks paid vacation and time off for the following
holidays during the term of this Agreement: Memorial Day, Independence Day,
Labor Day, or any other holiday declared by official directive of the City
Manager.
FOLLOW
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(2) Programming shall be one if wholesome activities utilizing the
facility to its fullest and meeting the need of the community it serves.
The OPERATOR may contact the Department of Leisure Services, or the CITY'S
designee for any advice concerning the above. Suggested activities may
include low-orclanized games for children, t7eneral supervision of tot -lot,
skating, volleyball, tennis, arts and crafts, talent shows, beauty contest,
Puppet shows, plays, singing groups, shearkers, exhibits and other related
programs.
General duties of staff shall include (1) The general administering
of a general program. (2) To advise personnel on methods and techniques for
improving programs. (3) Scheduling of staff and recording their hours in
order to be accountable. (4) Maintaining daily attendance and activity
records and a review of same. (5) Rec,Iuisitioning of materials and equipment.
(6) Organizing and instructing dames and activities. (7) Supervising free
play. (8) handling of disciplinary problems should the need arise. (9) To
have or acquire knowledge of first aid and safety procedures suitable for
the public's needs. (10) Maintain equipment, including issuing and collecting.
(11) Assist superior in any manner as needed. (12) Stimulate interest.
If at any time the operation of the facility contradicts Recreation
Standards set forth by this Agreement, the OPLILITOR will be notified, in
writing, by the Department of Leisure Services, or the CITY'S designee,
whereupon the OPERATOR small take immediate action to remedy the situation
or be found in violation of this Agreement.
(3) The CITY, through its appointed designee, shall evaluate, on a
quarterly basis, the total operator of the park in terms of the assigned
responsibilities anti effectiveness of the services to the conununity. If, in
the opinion of the CITY, the evaluation fails to show favorable results, the
City Manager may declare the Agreement null and void and all operations shall
cease within thirty (30) days,or may choose to not renew this Agreement
upon its termination.
5. ASSIGNMLIJT:
(a) Excluding the right to assignment of concessionaires to accom-
modate open markets, the OPERATOR shall not make any assignment of the Agreement,
nor grant any concession whatsoever durin,l the term of this Agreement without
first having obtained tho authorization of tile City r4a11.hger of the City of
Miami, or the CITY'S designee, w1jose consent would not be unreasonably held.
(b) The concessionaires assigned to run the open market booths will
constitute neighborhood vendor:; who will be provided an opportunity for basic
economic development. The OPERATOR will provide in writing the assignment of
concessionaires to the Director of the Department of Leisure Services, or the
CITY'S designee, which will reserve the right to review anal make changes as
deemed necessary, and upon approval of assignments the physical operation
may be initiated.
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(c) Each concessionaire under Subsection (b) shall remit directly
to the OPERATOR, a concessionaire fee consisting of Three Dollars and fifty
Cents ($3.50) per day, or One Hundred Dollars ($100.00) per month based upon
each individual concessionaire's agreement with the OPERATOR. Thu OPERATOR
shall deposit said fees into their account and submit a monthly report of
fees collected to the City of Miami Accounts Receivable and fifty percent
(50%) of the said concessionaires fc,es Phal.l be paid to the C'I'1'Y. The
remaining fifty percent (501.) may be r�0aitiod as a contribution for utilization
in providing additional funds for the operation of African Square hark. The
CITY will reserve the right to review and audit accounts and records of the
OPERATOR, and correct or make, changes if necessary, including review of
utilization of funds retained from the CITY.
G. INSURANCF:
The OPERATOR shall obtain at its sole cost and expense and maintain,
with respect to the premises at all times during the term of this Agreement
Public Liability Insurance, in the amount of not less than $300,000 each
occurrence for Bodily Injury and $50,000 per occurrence for Property Damage.
The City of Miami must be named as an additional insured on all policies. The
concessionaires must obtain a products liability certificate from the CIT'i.
The policy of insurance shall provide that the CITY be given at least thirty
(30) days advance written notice of cancellation of said policy. A certificate
of insurance must be provided by the OPL•'RATUR and/or Concessionaire, which
will reflect the above mentioned limits of liability, prior to the execution
of this Agreement. said certificate shall be reviewed and approved by
Insurance Manager of the Risk t•tanagement Division of the City of Miami.
7. FUPNISHINGS, FURNITURE AND F;:'JIP:dEI7T:
The OPERATOR shall provide all furnishings, furniture and equipment
essential to its operation, and all items shall become the property of the
CITY upon termination of: this Agreement. Furthermore, any furnishings,
furniture and equipment subsequently received from the CITY shall be subject
to and accounted for by inventory apart from the list of capital equipment as
referenced in the attached proposal. said inventory shall be jointly prepared
and signed by the officials of the YOUTH INDUSTRIES, INC., and the Director
of the Department of Lei,ur.e Services, or the CITY's designee.
8. ALTERATIONS:
(a) OPERATOR shall have the right to make changes and alterations
to the premises as it shall cleem necessary for its purposes, provided the
City Manager, or the CITY'S designee, prior to the comrnencement of any work,
is notified of such chaliges in writing, and plans thereof submitted to him
for approval. The City Manager, or the CITY'S designee, mustauthorize any
changes or alterations to the premises in writinta. All work shell be done
in a good and workmanlike manner, aria the required permits therefor shall
be obtained from the CITY.
80.353
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(b) All permanent alteration:, improvements, additions or partitions
made or installed by OPERATOR to the premises described in Paragraph 1, Section
(a) and in conformance with Paragraph (a) above, shall become the property of
the CITY upon the expiration of this Agreement. All such alterations or
improvements as set forth in this provision shall be made at the OPERATOR'S
sole expense.
(c) Any temporary or non -permanent alteration, improvement, addition
or partition made or installed by the OPERATOR to the premises described in
Paragraph 1, Section (a) and (b) shall become the property of the CITY either
as designated by the City Manager or upon termination of the Agreement.
9. UTILITII S:
The CITY shall furnish and pay for all utilities used at the premises
in connection with the purposes of the Agreement.
10. HOLD HAN-ILESS PROVISI014:
The OPERATOR shall indemnify, defend, and save harmless the CITY
against any and all claims, suits, actions, damages or causes of action arising
during the term of the Agreement for any personal injury, loss of life or
damage to property sustained on or about the subject premises by reason of, or
as a result of the 0PERATOR'S use, activities and operation thereon, from and
against any orders, judgments or decrees which may be entered thereon, and
from and against all costs, attorney's fees, expenses and liabilities incurred
in the defense of any such claim and the investigation thereof.
11. RISK OF LOSS:
The OPE:MTOR shall indemnify, defend, and save harmless the CITY against
all risks of loss, injury or damages of any kind or nature whatsoever to property
now or hereafter placed on or within said premises, and a.11 risks of loss, injury
or damacle of any kind or nature whatsoever to the contents of such building or
improvements made by the 0PEIITOR to the structure or structures, or to any goods,
chattals, merchandise or to any other property that may now or hereafter be placed
upon said premises, whether belon,jinq to the OPERATCR or others, whether said
loss, injury or damages results from fire, hurricane, rising water or from any
other cause or other contingency, and whether the same be caused by the claimed
negligence of the CITY, or any of its employees, agents, or otherwise, and to
keep harmless the CITY from all claims and suits growing out of any such loss,
injury or damages.
12. ADVERTISING:
The OPERATOR shall not permit any signs or advertising matter (other than
small directional or informational type signs) to be placed either in the interior
or upon the exterior of the premises or grounds without having first obtained the
approval of the City Manager of the CITY, or the CITY'S designee. The CITY
reserves the right to erect or place upon the premises an appropriate sign
indicating its contribution and/or support of the premises.
C
13. RIGHT OF I;NTRY UPON PRI1•tlsEs:
The OPERATOR agees to permit the CITY, by itn Manager's designated
personnel, to enter upon the premises at any time for any purpose the City
Manager of the CITY or the CITY'S designee deem, necessary or incidental to,
or connected with the performance of C1T'i'S duties and obligations hereunder,
or in the exercise of its right- of function.
14. LAWS APPLICABLE:
The OPERATOR enters into the Agreement recognizing that all laws of
the State of Florida, Ordinances of the City of Miami and Dade County, Florida,
pertaining to the operation of the premises are madam a part of the Agreement,
and OPERATOR agrees to abide thereby.
15. CANCELLATION BY OPERATOR:
It is agreed that this Agreement may be cancelled by OPERATOR upon
thirty (30) days written notice to the City Manager of t•he CITY. All payments
due to the CITY under the terms of this Agreement shall be due and receivable
on the day of cancellation for the period to and through the date of. cancellation.
16. CANCELLATION 13Y THE CITY:
The CITY reserves the right to cancel, terminate, and declare this
Agreement to be null and void at its sole option in the event OPERATOR may cease
to exist, O11E1UkTP-P fails to comply with any of the terms and conditions of this
Agreement, premises are needed by the CITY for other municipal purposes, for
for purposes of the ci,r 'S best interest. Notice of cancellation shall be given
at least three (3) months prior to effective date of termination, in writing,
and mailed to the YOUTH INDUSTRIES, INC., 1466 N. W. 62 Street, Miami, Florida
33142.
17. NON-DISCRIMINATION:
The OPERATOR agrees that there shall be no discrimination as to race,
sex, color, creed or national origin in connection with any operations under the
privileges granted by this Agreement.
18. WRI11.'Eli rIOT icLs :
The OPERATOR agrees that all notices under this Agreement• to be given
to OPERATOR must be in writing and shall be deemed served when delivered to the
premises in care of OPERATOR and OPERATOR further agrees that all notices to be
given to the CITY must be in writing and shall be deemed served when delivered
to the Office of the City Manager, City Hall, Dinner Key, Miami, Florida. The
OPERATOR further agrees that the CITY, through its City manager, shall have
the right to designate other places where said written notice shall be delivered
to it.
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IN WITNESS WHEREOF, the said parties hereto have, through
their proper corporate officials, executed this Acgreement the day
and year first written above.
s
ATTEST:
ATTEST:
CITY CLERK
SLCBETARY
THE CITY OF MIAMI
a Municipal. CorporaLlon
CITY MANAGER
YOUTH INDUSTRIES, INC.
By
PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
(SEAL)