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City of Miami
Parks and Recreation Department
SUMMER FOOD SERVICE PROGRAM AGREEMENT
THIS AGREEMENT ENTERED INTO THIS day of , 2005 in Dade County,
Florida, by and between the City of Miami Parks and Recreation .Department (Recreation
Division), 444 S,W. 2nd 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 I -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 6, 2005 through July 22, 2005.
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).
Provide the School. Board with the number of lunches and snacks on a
daily basis.
Pay the School Board $2.15 per lunch and $0.56 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 6, 2005 to July 22, 2005,
E. To reimburse in full the School Board every ninety (90) days from the
billing date, for all meals provided by the School Board.
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2.1 A. EFFECTIVE TERM: The effective term of this agreement shall be from
June 6, 2005 to July 22, 2005.
2.2 CANCELLATION: The School Board reserves the right to stop meal service,
if payment is not received in accordance with Stipulation E, Article I, 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,,
Ernest•W. Burkeen Jr.; Director,
City of Miami, Parks and Recreation Department
444 S.W. 2nd Avenue, 8th Floor
Miami, Florida 33130
If to the School Board 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.
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ARTICLE IV —HOLD HARMLESS
The School Board of Miami -Dade County, Florida, 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 of Miami -Dade County,
Florida, 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 of Miami -Dade County, Florida, 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 of Miami -Dade County, Florida, 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 perfoimnance of the Agency or as a result of the
negligence of any unrelated third party.
As a government entity the indemnification should be mutual subject to the limitations of Section
768.28, Florida Statutes. The Agency does hereby agree to indemnify and hold harmless the
School Board 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 this Agreement. However, nothing herein shall be deemed to indemnify the
School Board of Miami -Dade County, Florida, from any liability or claim arising 'out of. the. ,
negligent performance or failure to performance of the School Board of Miami -Dade County,
Florida, or as a result of the negligence of any unrelated third party.
ARTICLE V--GOVERNING LAW
This Agreementshall 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;
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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.
IYHAMI-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
APPROVED AS TO IN URANCE
REQUIREMENTS':
l(gPive
Dania Carrillo
,/ Risk Management Administrator
By:
Joe Arriola
City Manager
APPROVED AS TO FORM AND
CORRE • _ SS:
forge L. ernandez kI.»
ity A s rney
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