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HomeMy WebLinkAboutR-2001-087 RESOLUTION NO. 2001-087 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. MELI PARK FROM JUNE 18 THROUGH AUGUST 10, 2001, 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 period of June 18 through August 10, 2001, 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 of the Agreement. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. 2001-087 PASSED AND ADOPTED this 22nd day of May, 2001. PATRICIAL F URY MAYOR —COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JOH ON COMMISSIONER MIKES - YES ACTING CITY CL RK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH AS JAANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2001-087 ® SUMMER FOOD SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of this 18`h day of June,2001,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 18, 2001. 2.02 Term. The term of this Agreement shall be from June 18, 2001 through August 10,2001. 2.03 Meals Provided.SBBC will provide the CITY 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;and ® Snacks: $0.50 per snack. 1 ® 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 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. 2 ® 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 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 of 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 ® 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 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. By entering into this Agreement, each party hereby expressly waives any rights either party may have to a trial by jury of any civil litigation related to, or arising out of this Agreement. 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 or any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other party. 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 Olack 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 4 With a Copy to: Director of Food and Nutrition Services 7720 West Oakland Park Boulevard, Suite 204 Sunrise,Florida 33351 To CITY: Randy Wilkinson 100 W. Dania Beach Boulevard Dania Beach,Florida 33004 With a Copy to: Mardie Holloway 100 W. Dania Beach Boulevard Dania Beach,Florida 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. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the date first above written. 5 ® FOR SBBC (Corporate Seal) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By ATTEST: Paul D. Eichner, Chairperson Approved as to Form: Franklin L.Till,Jr., Superintendent of Schools Robert Paul Vignola School Board Attorney tr9_ ® FOR CITY (Corporate Seal) CITY OF DANIA BEACH By ATTEST: Patr is Flury, Mayor By Jas Nu maker Charlene Jo son ,City Clerk (Acting) A ing City Manager APPR�OVED AS TO OR & CORRECTNESS : or- by Thoma sb C ty Attorney Witne s j .. W itn ss _ 6 .�, FLORIDA May 30, 2001 Mr. Franklin L. Till Superintendent of Schools The School Board of Broward County 600 Southeast Third Avenue Fort Lauderdale, FL 33301 RE: Summer Food Services At Frost Park, C. W. Thomas Park and P. J. Meli Park Dear Mr. Till: On May 22, 2001, the Dania Beach City Commission adopted Resolution No. 2001-087 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, disburse two (2) original agreements with the School Board and return one original agreement to me. Sincerely, ar ene Jo i n Deputy City erk CJ/acd Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us