HomeMy WebLinkAboutR-2002-059 RESOLUTION NO. 2002-059
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH THE SCHOOL
BOARD OF BROWARD COUNTY AND THE CITY OF DANIA
BEACH FOR SUMMER FOOD SERVICE AT FROST PARK,
C.W. THOMAS PARK AND P.J. MELT PARK FROM JUNE 17
THROUGH AUGUST 9, 2002, FOR THE SCOPE OF
SERVICES OUTLINED IN THE AGREEMENT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That the Agreement between The School Board of Broward County
and the City of Dania Beach for summer food service for children at Frost Park, C.W.
Thomas Park and P.J. Meli Park for the period of June 17 through August 9, 2002, in
substantial form as attached, is approved, and the appropriate city officials are
authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City. Such Agreement shall not be deemed accepted by the City unless and until
the City has completed its execution.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
1 RESOLUTION NO. 2002-059
PASSED AND ADOPTED this 14th o May, 242,
• - N
ROBE T H. C UNN, JR.
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
LhAg&� COMMISSIONER MCELYEA - YES
CHARLENE JO S N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FO,IM AND CORRECTNESS:
11
THbmP,8 J. ANS RO
CITY ATTORNEY
•
•
2 RESOLUTION NO. 2002-059
SUMMER FOOD SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of this (0 by
and between
THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA
(hereinafter referred to as "SBBC"),
a body corporate and political subdivision of the State of Florida,
whose principal place of business is
600 Southeast Third Avenue,Fort Lauderdale,Florida 33301
and
CITY OF DANIA BEACH
(Hereinafter referred to as"CITY"),
a municipal corporation of the State of Florida.
WHEREAS, the CITY is desirous of obtaining food services for a Summer Food
Program (hereinafter referred to as "Program") from SBBC and SBBC is willing to provide such
services.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
contained herein and the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
® ARTICLE 1- RECITALS
1.01 Recitals. The Parties agree that the foregoing recitals are true and
correct and that such recitals are incorporated herein by reference.
ARTICLE 2 - SPECIAL CONDITIONS
2.01 Effective Date. The effective date of this Agreement shall be June 17,
2002.
2.02 Term. The term of this Agreement shall be from June 17, 2002 through
August 9,2002.
2.03 Meals Provided.SBBC will provide the SCHOOL meals that meet the
minimum meal pattern requirements for the Program as to components and portion sizes. The
meals will be delivered by SBBC in a timely manner to the sites listed on Exhibit"A".
2.04 Meal Rates. SBBC will deliver unitized meals, inclusive of milk, to the
CITY for the following rates:
Lunch: $1.75 per meal.
Snack: $ .55 per meal.
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2.05 Meal Reports. SBBC's Food and Nutrition Services Department will
maintain full and accurate records specifying menu records and identifying the amount of food
prepared and the daily number of meals delivered by type. SBBC will provide meal reports to the
CITY promptly at the end of each month. SBBC will retain such records for a period of three (3)
years from the date of receipt of final payment under this agreement (or longer. if SBBC has been
notified of an audit in progress). Upon request, SBBC will make all accounts and records
pertaining to the Program available to representatives of the United States Department of
Agriculture and the General Accounting Office for audit or administrative review at a reasonable
time and place.
2.06 Meal Invoices. SBBC's School Food Accounting Department will send
an invoice to the CITY each month setting forth the amounts payable to SBBC for the meals
provided. The invoice shall be based upon food delivery reports generated by SBBC's Food and
Nutrition Services Department. The CITY will pay SBBC the invoiced amount within ten (10)
days of receipt of the invoice. SBBC's records regarding the delivery of meals and the CITY's
Program participation shall be open to inspection and audit by the CITY and its designees upon
reasonable advance notice.
2.07 Audits. With regard to any inspection or audit of records
pursuant to this Agreement, each party agrees that the other party and its designee(s) shall have
full access to inspect and copy any records reasonably necessary for the conduct of such
inspection and audit. Such inspection shall be conducted at the place where such records are
usually kept and during normal business hours. The Parties agree that all records maintained
concerning the duties, responsibilities and obligations imposed under this Agreement shall be
kept in Broward County, Florida. Each party agrees to provide a reasonable sufficient workspace
for the use of the inspecting or auditing party's personnel during such inspection or audit. Each
® party agrees to cooperate with the inspecting or auditing party and its designee(s) during the
course of an inspection or audit. The costs of any such inspection or audit shall be borne by the
party requesting the inspection or audit.
2.08 Indemnification. Each party agrees to be fully responsible for its acts of
negligence, or its agent's acts of negligence when acting within the scope of their employment
and agrees to be liable for any damages resulting from said negligence.
ARTICLE 3 - GENERAL CONDITIONS
3.01 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is
intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity
may be applicable.
3.02 No Third Party Beneficiaries. The Parties expressly acknowledge that
it is not their intent to create or confer any rights or obligations in or upon any third person or
entity under this Agreement. None of the parties intend to directly or substantially benefit a third
party by this Agreement. The parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against any of the parties
based upon this Agreement. Nothing herein shall be construed as consent by an agency or
political subdivision of the State of Florida to be sued by third parties in any manner arising out
of any contract.
3.03 Non-Discrimination. The Parties shall not discriminate against any employee
or participant in the performance of the duties, responsibilities and obligations under this
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Agreement because of race, age, religion, color, gender, national origin, marital status, disability
or sexual orientation.
3.04 Termination. This Agreement may be canceled by either party during
the term hereof upon thirty (30) days written notice to the other parties of its desire to terminate
this Agreement.
3.05 Records. Each Party shall maintain its own respective records
and documents associated with this Agreement in accordance with the records retention
requirements applicable to public records. Each Party shall be responsible for compliance with
any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any
resultant award of attorney's fees for non-compliance with that law.
3.06 Entire Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable
to the matters contained herein and the Parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the Parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written.
3.07 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by each party
hereto.
3.08 Preparation of Agreement. The Parties acknowledge that they
have sought and obtained whatever competent advise and counsel as was necessary for
them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed to
herein expresses their mutual intent and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the parties than
the other.
3.09 Waiver. The parties agree that each requirement, duty and
obligation set forth herein is substantial and important to the formation of this Agreement
and, therefore, is a material term hereof. Any party's failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
3.10 Compliance with Laws. Each party shall comply with all
applicable federal and state laws, codes, rules and regulation in performing its duties,
responsibilities and obligations pursuant to this Agreement.
3.11 Governing Law. This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. Any controversies
or legal problems arising out of this Agreement and any action involving the enforcement
3
or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida.
3.12 Binding_.Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
3.13 Assignment. Neither this Agreement nor any interest herein may
be assigned, transferred or encumbered by any party without the prior written consent of
the other party. There shall be no partial assignments of this Agreement including,
without limitation, the partial assignment of any right to receive payments from SBBC.
3.14 Force Majeure. Neither party shall be obligated to perform any
duty, requirement or obligation under this Agreement if such performance is prevented
by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God,
strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter
or condition beyond the control of either party, and which cannot be overcome by
reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a
lack of funds on the part of either party be deemed Force Majeure.
3.15 Place of Performance. All obligations of SBBC under the
terms of this Agreement are reasonably susceptible of being performed in Broward
County, Florida and shall be payable and performable in Broward County, Florida.
3.16 Severability. In case any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, unlawful,
unenforceable or void in any respect, the invalidity, illegality, unenforceability or
unlawful or void nature of that provision shall not effect any other provision and this
Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void
provision had never been included herein.
3.17 Notice. When any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for
whom it is intended at the place last specified; the place for giving notice shall remain
such until it is changed by written notice in compliance with the provisions of this
paragraph. For the present, the Parties designate the following as the respective places
for giving notice:
To SBBC: Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
•
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With a Copy to: Director of Food and Nutrition Services
7720 West Oakland Park Boulevard, Suite 204
• Sunrise, Florida 33351
To CITY: Mardie Holloway
Sports & Aquatics Manager
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
3.18 Captions. The captions, section numbers, article numbers,
title and headings appearing in this Agreement are inserted only as a matter of
convenience and in no way define, limit, construe or describe the scope or intent of such
articles or sections of this Agreement, nor in any way effect this Agreement and shall not
be construed to create a conflict with the provisions of this Agreement.
3.19 Authority. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and obligate
such party with respect to all provisions contained in this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
oAgreement on the date first above written.
FOR SBBC
(Corporate Seal)
THE SCHOOL BOARD OF BROWARD
COUNTY,FLORIDA
Byoe�1 �1 'ZA . .—
ATTES Dr. Robert D. Parks, Chairperson
Approved as to Form:
Fr n L. Till, r., upe " tendent of
Schools
ert Paul Vgnola
ai
School Board Attorney
O
O
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FOR CITY
(Corporate Seal)
g
C OF DANIA BE CH
ATTEST: y
ROB RT H. CHUN ORR
By L,
IVA I Y MA G R
CHARLENE CITYCLER. J HNSON, K APPROVED AS j
0 ORM AND CORRECTNESS:
-or-
j By
/ ` ��
iOIAS .A,r S Rb,CITY A rTOR—NEy—
Witness
Witness
The Following Notarization is Required for Every Agreement Without Regard to
Whether the School Chose to Use a Secretary's Attestation or Two (2) Witnesses.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this =? day of
20 by _ ROBERT H. CHUNN, JR MAYOR of
Name of Person
the CITY OF DANIA BEACH on behalf of the corporation/agency.
Name of Co_pr oration or Agency
He,,She is(p'rsonally Ito me or produced as
�"--- Type of identification
identification and did/did not first take an oath.
My Commission Expires/-_�i{�
Signature—Notary Public
(SEAL) �#1 P4k� Linda G. Fry Printed Name of Notary
a° A f,Commission#CC 767960
Expires MG. 16,2002 (` //l,17 9'r!
BONDED THRU
Hof W ATLAPr 1CBMYNG CO.,INC. Notary's Commission No.
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THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
MOW
� ® SCHOOL BOARD
Im
IT Chairperson DR.ROBERT D.PARKS
•� Vice Chairperson JUDIE S.BUDNICK
CAROLE L ANDREWS
JUDIE S.BUDNICK
Jane T. Wynn, M.S., L.D.N. DARLA L.CARTER
Director PAUL D.EICHNER, ESQ.
BEVERLY A.GALLAGHER
Food and Nutrition Services STEPHANIE ARMA KRAFT, ESQ.
7720 W.Oakland Park Boulevard,Suite 204 LOIS WEXLER
Sunrise,Florida 33351 BENJAMIN J.WILLIAMS
PHONE: 954-765-6248
FAX: 954-765-6980 Superintendent of Schools
SUNCOM: 484-6248 DR.FRANK TILL
July 23, 2002
Mardie Holloway
Sports and Aquatics Manager
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Dear Ms. Holloway:
Enclosed please find the agreement for the Summer Food Service Program for the
current year.
Please verify receipt of the agreement by contacting Marie Fieweger in the Food and
Nutrition Services office, at 765-6246.
Sincerely,
qjWynn
Director
JW:mkd
Enclosure
Transforming Education: One Student At A Time
Broward County Public Schools Is An Equal Opportunity/Equal Access Employer
• •
FLORIDA
May 30, 2002
Ms. Jane Wynn
Director
Food and Nutrition Services
The School Board of Broward County
7720 W. Oakland Park Boulevard, Suite 204
Sunrise, Florida 33351
RE: Summer Food Services at Frost Park, C.W. Thomas Park and P.J. Meli Park
Dear Ms. Wynn:
On May 14, 2002, the Dania Beach City Commission adopted Resolution No.
2002-059 approving the above-referenced agreement with The School Board of
Broward County.
® We are enclosing three (3) original agreements for execution by The School
Board of Broward County. Upon execution, please complete the date on page 1, retain
two (2) originals for your files and return one (1) original agreement to me.
If you have any questions regarding this agreement, please contact Mardie
Holloway, Sports and Aquatics Manager, at (954) 924-3748.
Sincerely,
harlene Jo on
City Clerk
CJ/mn
`Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwchdania-beach.fl.us
11�2 C
= — — THE SCHOOL BOARD OF SROWARD COUNTY, FLORIDA
®.0
®a mmm=
SCHOOL BOARD
Chairperson DR. ROBERT D. PARKS
Jane T. Wynn, M.S., L.D.N. Vice Chairperson JUDIES.BUDNICK
Y CAROLE L.ANDREWS
Director DARLA L.CARTER
Food and Nutrition Services PAUL D. EICHNER, ESQ.
7720 W.Oakland Park Boulevard,Suite 204 BEVERLY A.GALLAGHER
Sunrise, Florida 33351 STEPHANIE ARMA KRAFT, ESQ.
PHONE: 954 765 6248 LOIS WEXLER
FAX: 954-765-6980 BENJAMIN J.WILLIAMS
SUNCOM: 484-6248 Superintendent of Schools DR. FRANK TILL
April 17, 2002
Mardie Holloway
Summer Program
City of Dania Beach
100 W. Dania Beach Blvd.
16ania, FL 33004
Dear Mr. Holloway:
Enclosed please find three copies of the agreement for the Summer Food Program for
the current year. Please, return all three copies with the appropriate signatures,
notarized and corporate seal, with names typed below signatures, to Food and
Nutrition Services, attention Ray Papa. As soon as the agreement is finalized, we will
return an original to you.
In order that we may schedule this item to be placed on the School Board Agenda, we
would appreciate your returning the signed agreements by May 3o, 2002.
Sincerely,
V�Ja e Wynn
Director
JW:mw
Enclosure
Transforming Education: One Student At A Time
Broward County Public Schools Is An Equal Opportunity/Equal Access Employer