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Home My WebLink About23343AGREEMENT INFORMATION AGREEMENT NUMBER 23343 NAME/TYPE OF AGREEMENT URBAN OASIS PROJECT, INC (UOP) DESCRIPTION IDEMNIFICATION AND HOLD HARMLESS AGREEMENT - TO OPERATE THEIR FARMERS' MARKET AT LEGION PARK (6447 NE 7 AVE) MATTER ID:20-2475 #31 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 12/10/2020 DATE RECEIVED FROM ISSUING DEPT. 2/5/2021 NOTE COPY A�' �C:lra. tttt C()R`O� ORIGINATING DEPARTMENT: r MATTER ID # 20-2475 CITY OF MIAMI DOCUMENT ROUTING FORM .22�3 Office of Zoning DEPT. CONTACT PERSON: Julia D. Cerrato EXT. 305-588-7971 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Urban Oasis Project, Inc (UOP) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: S FUNDING INVOLVED? ❑ YES D NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT D PROFESSIONAL SERVICES AGREEMENT ❑. GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT D LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Indemnification and Hold Harmless Agreement PURPOSE OF ITEM (BRIEF SUMMARY): This agreement is required for UOP to operate their Farmers' Market at Legion Park (6447 NE 7 Av). COMMISSION APPROVAL DATE: NA / / FILE ID: NA ENACTMENT NO.: NA IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Farmers' Markets are allowed under 62-622 ROUTING INFORMATION .: Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 12/9/20 PWS-Joseph uiz, Zoning Director/ A'. Adtni is tr 3. Gat SIGNATUR - SUBMITTED TO RISK MANAGEMENT 12/9/20 PRINT: A�NN- RI IIARPE �! < r SIGNATURE: //' SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA I,4ENDEZ C% ,4 2—. / SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER PRINT: Nzeribe Ihekwaba, P .D PE SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ART NORIEGA SIGNATURE: 1) ONE;ORIGINAL:TO.,EITY CLERK; 2 ONE..COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING-ORIGINAL(S)_TO•ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING -FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER INDEMNIFICATION AND HOLE) HARMLESS AGIW iiIE:NT THIS INl)1:11\EI'i(.';\T1()N \1) HOU) It:\R_\11_ESS :iGE:[:DIE\f iIll,' -Agreement" estcuteci this day, i)eccmber. 2020 by. and -between the CITY ()t a municipalit► of the State of Florida. the '(.'It;-) and URBAN OASIS PR(),JE.(""I' itiC',, an active not -tor -profit Florida corporation ( "I It 1P-• 1 The Ci ti and i }t )P may be referred to individuallY as ti "flart; " or colit:ctivel; is the "Parties . WHEREAS. l<"t;)E', in conjunction \vith individual \endors doing business with U()P, desire to operate to weekly thrillers market on the C'ny's property 'located at 0447 Northeast 7th Avenue, ivtianti_.1~f. 33138, otherwise known as l.eaiun Park. and \V111;R1',AS, rift: !_ rt1 {', 3j1L: \VIII::IZIaAS, in order to grant a permit pursuant to Section ti?-t;??.oif the City Code to operate a weekly trmers market at Legion Park, the .City seeks indemnity for Factions tirisin,l out of the operation of t;t)P's, tttrttters ntlirket at Legion Park. and \\'11EREAS, t +471' acknowledges the\- it is proceedinfu at its own risk and hereby agree to assume: reisponsibility for all damage caused by their acts or omissions in operating the weekly Harmers market at Legion Park; and \I'[1F;R.E .•1ti, UOI' acknowledges each of its vendors shall be required to execute an indemnity and hold harmless agreement in favor or the City substantially, similar to this agreement NOW, THEREFORE. in consideration for the use or the Legion Park grounds for a tanners' market paii;u:lnt 10 a le_L:tlI\ obtained t trit:er's annrkei permit, the sr.rllieae:ne'" of which is hereby acknowledged. the C.`itt and t.r()P a!Jrcc Recitals The Parties acknowledge and agree that the Recitals above are true and correct and incorporated herein by this ref feller Indemnification and Hold IFarmlevs. UC)1' shall indemnify., hold harmless, and defend the City, including their officers, employees. agents and volunteers, against any, and all liability. loss. COSLZ, demand. damages, expenses. claims. judttments or actions, including, attorney's fees, which the City. including its officers, employees, agents, and volunteers, may hereafter sustain, incur. or be required to pay arising Wholly or in, part duel() any act or emaission- of the IMP or its individual vendors, their agents, servants, employees. or volunteers in the operation of.the farmers market or use of Legion Park. 1101' expressly understand and agree that any insurance protection required he this Agreement shall in no way limit the responsibility to indemnify, keep and save'harmless, and defend the: City, its officers, employees,. agents or its volunteers as herein provided Nothing. herein shall be deemed to indemnity the City from any liability or claim arising out of the negligent performance or failure of performance of the Cite, its officers. employees. agents or volunteers. this understanding extends to the Vendors-, collectively and individually, responsibility to indemnity_, keep and save harmless, and defend J0i1. its officers, employees, auents, and volunteers. 'flits indemnity and hold harmless shall survive the expiration of any permit granted to UC)P tbr farmers' market at Legion Park or l JOP's actual use of Leuion ('ark for a farmers' market. 3. Insurance Recruit-einem. For so long as n operates a farmers market at Legion Park. IJOP and its vendors shall each pay For and maintain in full force and effect a policy ecith Commercial General Liability Insurance on a comprehensive basis in an amount not less than S1.000 0()0 combined single limit per occurrence and S2,000,000 policy aggregate for bodily injury and property, damage Such policy should incl.tide coverage for products and completed operations and personal injury and list the City and fJf7P shall he named as additional insured on each and every policy. Waiver. The waiver of either party ol'a breach or violation of any term or provision of thts Aut.eenrent shall not operate nor be construed as a evaiver of any subsequent breach Of violation of any provision of this Agreement or daily other right or remedy, 5 Ordinances and Regulations. UOP and its vendors shall comply with all applicable laws. statutes. and ordinances and all rules and requirements of the City. r, Acknowlettantcut. The City and 1 J0f' hereby ,icknowfcdoe that they have hilly reviewed this Agreement and have had the upp i tunit) to consult «ith leg rl counsel of their choice, have participated in the rtegotiatin=,_ and drafting. of this Agreement -and that this Agreement shah not be construed ,t:,gainst an;, i'arty as if they were the drnftcr of this Agreement. 7, tienaration. of Entities. It is expressly understood and intended that each vendor done business \vital UOP is not an officer, employee or agent of UOP or of the City. l.Jt-.)P shall take all aeuons.as may be necessary to ensure. that its officers. agents, employees, assignees ancl;-or subcontractors as well as those of its vendors shall not act as nor give the appearance of being an agent. servant, joint venture. collaborator or partner or the City Entire Agreenieta The Agreement constitutes the. entire agreement -between the City and UOP only with respect to the specific subject matter described in the Recitals and supersedes all prior neuottations. agreements, undcrstanding,s, and arrangements both oral and. written between City and MP' with respect to the subject matter described in the Recitals. this Agreement mav not be modified by any way. except by a written instrument executed by each oldie Parties t0 Counterparts. This Agreement may be executed In any number of counterparts, each of vyhich SO executed shall be deemed to be an original, and such counterparts, each of which so executed shall he deemed to be an original and such counterparts shall together constitute one and the same Aureemcnt, "[he ()antes may sign and transmit an electronic 2 Recitals. This Agreement may not be modified by anti' way. e.'cept by a Witten instrument executed by each ol'the Parties C.'ounterjzarts. This Atncement Ina he executed in any number or counterparts, each of lvhich so executed shall be deemed to he an original, and such counterparts, each or which so executed shall be deemed to be an original and such counterparts shall together constitute one and the same At2reemcni. The Part►cS may sign and transmit an electronic signature of this Agreement (by facsimile..Pl)F, or e-mail transmission) which signature shall he binding on the part whose name is contained therein; The undersigned on behalf of LOOP hereby warrants. represents, and certifies to the City the he. -she is the iawittl representative or UOP and that he or she has the authority to execute this Agreement by and on behalf of UOP relative to the terms and conditions herein. For UOP Art Friedrich STATE OF FLORIDA COUNT Y OF \IIAM1-DADLT Fhe foreLtoing was.acknow-led:led before me this ' day of. r\ f_t "X�._.__ 2t1 e . by Art Friedrich, in his capacity as President or Urban Oasis Project, Inc. I-ic.;Shc is personally- known to me or produced ._._ �r)��1 ! as identification. ERN ?AMA Czmmt.s iart ti GG 219279 civet May 17. 2022 C,mafri rre.. E., ltt bt) SsniC ' FOR Cal' or: mJ\N'1l ATTtST TODI) C3. l IA! CITYCI.FRK • CITY OF :M MIAMI, A M1JNICIPAI.. CORPORATION OF'nu: STATE OF FLORIDA /b14 ,\I ] I NORJ,ECA, V CITY MANAGER 3 3Y3 APPROVED AS TO RISK MANAGEMENT: ANN-MARIE SHARPE DIRECTOR OF RISK MANAGEMENT APPROVED AS TO FORM AND CORRECTNESS: 3 i:�ta-6 ,L.. 7 0/e VJCTORI M ENDEZ CITY ATTORNEY 4