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HomeMy WebLinkAboutexhibit- agreementCity of Miami Parks and Recreation Department SUMMER FOOD SERVICE PROGRAM AGREEMENT THIS AGREEMENT ENTERED INTO THIS day of , 2004, in Dade County, Florida, by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2" d Avenue, Miami, Florida 33130, hereafter referred to as the Agency, and the School Board of Miami -Dade County, Florida, hereinafter referred to as the School Board, provides terms and, conditions pursuant to which the School Board shall provide food service to the Agency. ARTICLE 1—SCOPE OF WORK AND COMPENSATION 1.1 The School Board agrees to: A. Provide lunches and snacks as listed on the menu. B. Provide lunches and snacks from June 14, 2004 through August 6, 2004. C. Provide the number of lunches and snacks requested on a daily basis. D. Provide the City of Miami with monthly invoices, signed by staff. The City of Miami agrees to: 1.2 A. Provide a list of City of Miami Parks involved (Schedule A). B. Provide the School Board with the number of lunches and snacks on a daily basis. C. Pay the School Board $2.00 per Iunch and $0.52 per snack served, based on monthly invoices, signed by the staff. D. That the total amount of dollars to be paid to the School Board should not exceed $500,000 from June 14, 2004 to August 6, 2004. E, To reimburse in full the School Board every ninety (90) days from the billing date, for all meals provided by the School Board. 2.1 A. ' EFFECTIVE TERM: The effective term of this agreement shall be from June 14, 2004 to August 6, 2004. Page 1 Summer Food Service Program Agreement 1.1 CANCELLATION: The School Board reserves the right to stop meal service, if payment is not received in accordance with Stipulation E, Article 1, stated previously. The cancellation notice shall be in writing providing a grace period of thirty (30) days from the date of notice. ARTICLE III --CHANGES AND AMENDMENTS TO AGREEMENT 3.1 NOTICE: Changes in this Agreement not requiring an amendment shall be preceded by written notification. The notice under this Agreement shall be sufficient if made in writing and delivered personally, sent by certified mail, return receipt requested, postage pre -paid, to the parties at the following addresses: If to the Agency If to the School Board Santiago C. Corrada, Director City of Miami, Parks and Recreation Department 444 S.W. 2nd Avenue, 81h Floor Miami, Florida 33130 Penny Parham, Administration Director Miami -Dade County Public Schools Department of Food and Nutrition 7042 West Flagler Street Miami, Florida 33144 3.2 AMENDMENT No amendment to this Agreement shall be binding on either party UNLESS in writing and signed by both parties. Page 2 Summer Food Service Program Agreement eit • ARTICLE IV —HOLD HARMLESS The School Board does hereby agree to indemnify and hold harmless the Agency to the extent of the limitations included within the Florida Statutes, Section 768.28, subject to the provisions in this act, whereby. the School Board shall not be held liable to pay a personal injury or property damage claim or adjustment, by any one person which exceeds the sum of $100,000, or any claim or judgment paid by the School Board arising out of the same incident or occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the School Board in the performance of the Agreement. However, nothing herein shall be deemed to indemnify the Agency from any liability or claim arising out of the negligent performance or failure to performance of the Agency or as a result of the negligence of any unrelated third party. The Agency does hereby agree to indemnify and hold hamiless the School Board to the extent of the limitations included within the Florida Statutes, Section 768.28, subject to the provisions in this act, whereby the Agency shall not be held liable to pay a personal injury or property damage claim or adjustment; by any one person which exceeds the sum of S100,000, or any claim or judgment paid by the Agency arising out of the same incident or occurrence, exceeds the sum of S200,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the Agency in the performance of the Agreement. However, nothing herein shall be deemed to indemnify the School. Board from any liability or claim arising out of the negligent performance or failure to performance of the School.Board or as a result of the negligence of any unrelated third party. ARTICLE V--GOVERNING LAW This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. ARTICLE VI —ENTIRE AGREEMENT It is understood and agreed that this Agreement contains the complete understanding and agreement of the parties. No stipulation, agreement of understanding shall be valid or enforceable unless contained in this Agreement. No representations or statements made by any employees, agents, or representatives of either party shall be binding on either party or otherwise, except as expressly set forty herein. Page 3 Summer Food Service Program Agreement • IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed by their respective and duly authorized officers on the date hereinabove first mentioned. SCHOOL BOARD OF MIAMI-DADE COUNTY PUBLIC SCHOOLS By: Date: APPROVED AS THE FORM: By: School Board Advisory Miami -Dade County Public Schools ATTEST: CITY OF MIAMI, FLORIDA Priscilla A. Thompson City Clerk (Official Seal) By: Joe Arriola City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: est.ot:,62‹. Dania Carrillo Alejandro Vilarello Risk Management Administrator City Attorney K#04-0173 Page 4 Summer Food Service Program Agreement A1.