2016-29661 RESOLUTION NO. 2016-29661
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH FLORIDA, WAIVING, BY A 5/7TH VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO
BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, A
USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA (THE BOARD); SAID AGREEMENT PERMITTING
THE MIAMI BEACH SENIOR HIGH SCHOOL BASEBALL/SOFTBALL
TEAM TO USE THE FLAMINGO PARK BASEBALL FIELD, LOCATED
AT 1435 MICHIGAN AVENUE, AND THE FLAMINGO PARK SOFTBALL
FIELD, LOCATED AT 13TH STREET AND MERIDIAN AVENUE,
DURING THE SCHOOL'S BASEBALL/SOFTBALL SEASON;
PROVIDING FOR THE INITIAL ANNUAL USE PAYMENT OF $22,203.67,
SUBJECT TO ADJUSTMENT ANNUALLY AND ADDITIONAL
CHARGES AS STIPULATED IN THE AGREEMENT; AND HAVING AN
INITIAL TERM OF FIVE (5) YEARS, WITH ONE (1) ADDITIONAL FIVE-
YEAR RENEWAL OPTION, AT THE CITY'S OPTION.
WHEREAS, the current use agreement between the City of Miami Beach and the School Board of
Miami-Dade County (the Board) is set to expire on December 31, 2016; and
WHEREAS, the City first entered into this agreement with the Board dating back to 2001 and has
renewed the agreement every four years since; and
WHEREAS, Miami Beach Senior High School has a lack of field space and through this
agreement they are able to use the Baseball and Softball fields at Flamingo Park in order to benefit the
students of the school and to make facilities available for recreational programs and activities; and
WHEREAS, the Softball and Baseball seasons commence each year beginning with the first
official practice date of the Miami Beach Senior High School Baseball and Softball season; and
WHEREAS, Baseball season consists of 110 days (92 practice days, 5 day games, and 13 night
games) and Softball season consists of 110 days (10 day games and 100 practice days); and
WHEREAS, the hours of use for practice days are approximately from 3:00 p.m. to 6:30 p.m.
Baseball and Softball teams will have access and use of the entire premises until 5:00 p.m., at which time
the City's Parks and Recreation programming takes place on the outfields. School teams will still have
access to the infield and batting cages for practice from 5:00 p.m. to 6:30 p.m. Day and night games are
from one and one half hours before the game starts to one hour after the game ends, and no game ends
later than 9:00 p.m.; and
WHEREAS, the Administration and the Board have negotiated a new use agreement (the Use
Agreement) similar to the existing agreement for an initial term of five (5) years with one (1) additional
five-year renewal option; and
WHEREAS, pursuant to the Use Agreement, the Board will reimburse the City at the established
amount of $22,203.67 (base year payment) for the 2016/2017 school year for the prorated share of the
annual maintenance costs for use of the facilities; and
WHEREAS, the base year payment shall be adjusted annually based on the percentage increase
reflected in the Consumer Price Index for All Urban Consumers: Miami-Ft. Lauderdale for the month of
December of the current year, which amount shall not exceed four percent per year; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve and
authorize the execution, substantially in the form attached hereto as Exhibit A, of the Use Agreement.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by a 5/7th
vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and
approve and authorize the Mayor and the City Clerk to execute, substantially in the form attached to this -
Resolution, a Use Agreement with the School Board of Miami-Dade County, Florida; said agreement
permitting the Miami Beach Senior High School Baseball/Softball Team to use the Flamingo Park
Baseball Field, located at 1435 Michigan Avenue, and the Flamingo Park Softball Field, located at 13th
Street and Meridian Avenue, during the school's Baseball/Softball season; providing for the initial annual
use payment of $22,203.67, subject to adjustment annually and additional charges as stipulated in the
agreement; and having an initial term of five (5) years, with one (1) additional five-year renewal option, at
the City's option.
PASSED and ADOPTED this 14th day of December, 2016.
ATTEST:
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-� If .°�01..." . E-MAYOR
RAF• ' L E. •NADO, C Y CLERK S,',
INCORP Vii.••, D
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APPROVED AS TO
ORM & LANGUAGE
FO •C TION �^ �_ S �
City Attorney 4 Date
Resolutions - C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH FLORIDA, WAIVING, BY A 5/7TH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, A USE AGREEMENT WITH THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA(THE BOARD); SAID AGREEMENT
PERMITTING THE MIAMI BEACH SENIOR HIGH SCHOOL
BASEBALL/SOFTBALL TEAM TO USE THE FLAMINGO PARK BASEBALL
FIELD, LOCATED AT 1435 MICHIGAN AVENUE, AND THE FLAMINGO PARK
SOFTBALL FIELD, LOCATED AT 13TH STREET AND MERIDIAN AVENUE,
DURING THE SCHOOL'S BASEBALL/SOFTBALL SEASON; PROVIDING FOR
THE INITIAL ANNUAL USE PAYMENT OF $22,203.67, SUBJECT TO
ADJUSTMENT ANNUALLY AND ADDITIONAL CHARGES AS STIPULATED IN
THE AGREEMENT; AND HAVING AN INITIAL TERM OF FIVE (5) YEARS, WITH
ONE (1)ADDITIONAL FIVE-YEAR RENEWAL OPTION,AT THE CITY'S OPTION.
RECOMMENDATION
The City Manager recommends that the Mayor and City Commission waive the formal competitive
bidding requirement, by 5/7ths vote, as permitted under Section 2-367(e) of the City Code, as being
in the best interest of the City.
ANALYSIS
The current Use Agreement between the City of Miami Beach and the School Board of Miami-
Dade County(the Board) is set to expire on December 31, 2016. The City first entered into this
agreement with the Board dating back to 2001 and has renewed the agreement every four years
since. Miami Beach Senior High School has a lack of field space and through this agreement
they are able to use the Baseball and Softball fields at Flamingo Park in order to benefit the
students of the school and to make facilities available for recreational programs and activities.
The Softball and Baseball seasons commence each year beginning with the first official practice
date of the Miami Beach Senior High School Baseball and Softball season. Baseball season
consists of 110 days (92 practice days, 5 day games, and 13 night games) and Softball season
consists of 110 days (10 day games and 100 practice days). Hours of use for practice days are
Page 358 of 1191
approximately from 3:00 p.m. to 6:30 p.m. Baseball and Softball teams will have access and
use of the entire premises until 5:00 p.m., at which time the City's Parks and Recreation
programming takes place on the outfields. School teams will still have access to the infield and
batting cages for practice from 5:00 p.m. to 6:30 p.m. Day and night games are from one and
one half hours before the game starts to one hour after the game ends, and no game ends later
than 9:00 p.m.
The Administration and the Board have negotiated a new use agreement (the Agreement)
similar to the existing Use Agreement for an initial term of five (5) years with one (1) additional
five-year renewal options. As consideration for its use and occupancy of the softball and
baseball fields for the 110 days requested, pursuant to the agreement, the Board will reimburse
the City at the established amount of $22,203.67 (base year payment)for the 2016/2017 school
year for the prorated share of the annual maintenance costs for use of the facilities. The base
year payment shall be adjusted annually based on the percentage increase reflected in the
Consumer Price Index for All Urban Consumers: Miami-Ft. Lauderdale for the month of
December of the current year, which amount shall not exceed four percent per year.
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
Description
D Exhibit A- Draft Use Agreement
o Resolution
•
Page 359 of 1191
USE AGREEMENT
THIS USE AGREEMENT (the -Agreement-). made and entered into this day of
,2016. by and between the CITY OF MIAMI BEACH,a municipal corporation of
the State of Florida(hereinafter called the"CITY")and THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the
"BOARD"). The BOARD and CITY are sometimes referred to in tl¢s A Cement individually as
"Party" and collectively as the "Parties". 4"*
WITNESSETH.. 4 LL
WHEREAS,the BOARD currently utilizes the -o AO k, lamingo Par • thletic Fields
(as defined herein)under that certain January 1,2007 Use v' - ment,for the use and benefit of the
students of Miami Beach Senior High o the "School") Y o.. h Agreement shall expire on
December 31, 2016; and �, �� --��_ `>_� =
5 -
WHEREAS,the 'is t:rested in cornuing to p' vide and make facilities available for
the use and benefit s udents i -t► iami- Dade a un Public Schools for recreational programs
=r
and activities; and
4:HEREAS, th- _ 4. ow . .s under its jurisdiction certain property, located at 999
11`" Stre =<'►,uiami Beach, A.a 3317 ("Flamingo Park"), capable of being utilized at mutually
suitable time ' .ithe BOAR tit programs; and
' `
WHEREAS,i , o suable and necessary for the BOARD to continue to utilize the baseball
field,located at 1435 ichigan Avenue,Miami Beach,Florida 33139,and softball fields,located at
13th Street and Meridian Avenue, Miami Beach, Florida 33139, within Flamingo Park,hereinafter
collectively referred to as the"Flamingo Park Athletic Fields",as athletic fields and as baseball and
softball fields, in conjunction with the BOARD's educational and recreational objectives; and
WHEREAS, these objectives may be best achieved through joint and coordinated action of
Page 3TO of 1191
the CITY and the BOARD. in making the CITY's property available for such purposes in the most
cost effective manner; and
WHEREAS,the Mayor and City Commission of the City of Miami Beach have approved this
Agreement by the adoption of Resolution No. , at its meeting on the day of
, 2016; and
1
nk
WHEREAS, the School Board of Miami-Dade Co 53. lorida at its meeting of
•
, 2016, School Board Agenda item ' Bor ction #
approved entering into this Agreement. _.; `.
T
�S . ` u. ...
NOW THEREFORE, in consideration o the"a ut. al c• : •ants hereinafte Gw�ontained and
other good and valuable consideration, the receipt -` ufficiency of which are hereby
acknowledged, the Parties hereto agree a�
crfl•ws:
I. RECITALS
w
The foregoing red `l-':•_1 e and corre,# nd are in er porated herein by reference.
1: "4
II. PREMISj'a -r
nod
doe : •by age d ow the BOARD, and the BOARD does hereby
accept 40 the CITY,-14w.4.,•n-exaais e u e of the Flamingo Park Athletic Fields, including the
blea he ;e; s all related 11 ies the on, hereinafter called the "Premises", as depicted in the
Survey inco ,e ,, ed herein bl'„”
g -ference and legally described in Exhibit "A" hereto.
III. TE ' ` p PAGREEMENT
The to of this Agreement shall be for an initial term of five(5)years,commencing
on January 1, 2017 and ending on December 31,2021. Provided that the BOARD is not in default
under this Agreement,and upon written notice by the BOARD,which shall be given to the CITY no
later than 180 days prior to the expiration of the initial five (5) year term, this Agreement may be
extended by the City Manager, at the City Manager's sole discretion,for an additional five(5)year
term.A contract year as referenced herein shall refer to January 1 of a given year through December
Page 31 of 1191
31'of the same year.
IV. USE OF PREMISES
The specific area of use by the BOARD shall be limited to the Premises. The
BOARD shall have the right and use of the Premises for up to a maximum of 110 days per year
during Miami Beach Senior High School's baseball and softball season. The term of use for baseball
and softball seasons shall commence each year beginning with the firs al practice date for the
s
Miami Beach Senior High School baseball Season; said Baseball " ."consisting of 110 days(92
P ractice days, 5 day g ames,and 13 night games),and said Sofl I1 e ti
consisting of 110 days
(10 day games and 1.00 practice days) per year during M °i'� ea h Senio 011`` School's softball
season. Hours of use for practice days shall be appr4 ately from 3:00 p.m.to .. . Baseball
and Softball teams will have access and use of the enti' -mis-.Y" i15:00 p.m., a?w ' ich time the
Outfield portion of the Premises would become avai for CITY Parks and Recreation
Programming. School teams would still h: ;g.ccess to the infie'. . . batting cages for practice from
5:00 p-m.-6:30 p.m. Day and night games , o i one and . e "alf(1 '/z) hours before the
game starts to one (1) hour after the game ' s, a t .?_• end later than 9:00 p.m. (the
"BOARD'S Period of U.- - .K"= s. additional '"74 ge by the A'•ARD beyond the annual 110 day
period for baseball .; 't e 110 d. tt criod for so ':call set forth above shall be subject to a fee of
a i'
1/110th per day based on . e o, sent for resp ctive sport(as set forth in Article VI herein).
Otherwise,ay -aI 48 11 ha contro o.v,right and use of the Premises at all other times
(the " 's Period o
x..
s '; I
� ',,,,,annual basis, s
ms ,C OAR IV all provide the CITY with a written schedule showing the
exact dates ix aforestate0 10 days of use for baseball and 1.10 days of use for softball of the
Premises; said sCii,k, e to be rovided no later than sixty (60)days prior to the commencement of
the Miami Beach Sen fegh School baseball/softball season.
Notwithstandi-g the preceding paragraph,either Party shall be entitled to make application to
the other for use of the Premises during the period of use normally associated with the other Party.
In that event, the requesting Party will provide the other Party with a request to use the.Premises a
minimum of seventy two (72) hours prior to the need. Such consent shall not be unreasonably
withheld. In the event of a conflict, the decision of the City Manager shall be considered final.
The BOARD shall provide adequate supervision of the Premises at all times that the BOARD
Page 32 of 1191
conducts activities sponsored, controlled or sanctioned by the BOARD thereon. Due to its unique •
usage and the need to serve the best interests of its students. the BOARD may promulgate and
enforce reasonable rules and regulations governing the aforementioned use of the Premises during its
Period of Use.
The BOARD shall be responsible for and provide reasonable security measures as may be
required to protect the Premises and any of the materials,equipment,and furnishings thereon during
the BOARD's Period of Use. Under no circumstances shall the City bett` : sible for any stolen or
damaged materials, equipment, and furnishings, nor shall the Ci 2- -sponsible for any stolen or
damaged personal property of the BOARD's employees,contr tors,pa` ® guests,invitees,and/or
other third parties.
u:
Subject to the provisions of Article X,the B9? II steal eimburse the ` or,ny and all
� ..
maintenance and other costs that the CITY may inc a r 'lc;`of the BOA' utilizing the
Premises during other than its normal Period of Use, in adj.iU' to the consideration stipulated in
Article VI. The CITY shall invoice the r»0- •D for direct c .f said additional maintenance
and/or other costs that result from added utila` :: ;e the BOARD , :promptly pay same within
forty-five(45) days of receipt of said invoice. 4.*:-.--',-.
, . 1.„A; '
V. IMP!a�. 1 I I
The BOAllq right to r.,) {
ri
'S est the construction of additional recreational
facilities (" d 6':x`0 a'4b' .rov 1k s") mises in the future, subject to the prior written
consen , the CITY, ` a , cons-,44.„.
ons. .. _;ven at all, shall be at the CITY's sole discretion and
F _
h
jud_ e _.pproved,sue ,e.itiona,;"` provements shall be made at the sole cost and expense of
the BOARD.4;:
Ni
If approv-. .e BO•.91 further agrees that no construction of additional improvements(for
purposes of this Artica e term"construction of additional improvements"shall also be deemed
to include any repairs,alterations,and/or improvements in the amount of$1,000 and over)may be
undertaken by it upon the Premises unless the plans for same are:
(1) first submitted to and approved by the CITY, in its proprietary capacity,
through its City Manager, and as required, in its regulatory capacity, and
which plans shall be reviewed and approved by the CITY in a timely manner;
and
Page 33 of 1191
(2) in compliance with all applicable State.County.and BOARD,Department of
Education and CITY, respectively, rules and regulations.
The CITY also reserves the right, but not the obligation, to construct new and/or additional
recreational facilities on the Premises in the future. Construction of such new and/or additional
recreational facilities shall not result in an increase in the amount of consideration to be paid by the
BOARD to the CITY under Article VI. In that event,the CITY shall provide the BOARD with prior
written notice of its intent to construct such additional facilities on th-' 4y es,and will use good
faith efforts to coordinate the design, planning and constructio �
;t I the BOARD to assure that
construction of such facilities does not unreasonably interfere 'confli : h the BOARD's ability
to utilize the Premises for the purposes set forth herein. ,o �v:i$ t�`i ding the
P P ,, g ding sentence,and
this Article V, in general, in the event that the CIT etermi -s to initiate an:' eel with any
construction involving the Premises at any time durin_`,$- em7 0 ie Agreement(Vital or renewal
f4-..
4 cai
term), the CITY shall have the right, at its sole option an•°o etion, to terminate this Agreement
without cause and/for convenience,upon 3.- 60)days writtei .m. .ce to the BOARD,provided that
a a
such termination shall not be effective unti '- < . e.mpletion o iami Beach Senior High
School's baseball and softball season under at t 0 1 of d nation.
VI. CO , 61 1.
The BOA°v9 .!..oes 04: a`�.a agree to pay the CITY,as consideration for its.<,,
use and oc. i! a . he P} f -s for 6i,.' imum allowable 110 days requested per year,
throug the term . Agr _a.t, s,n amount necessary to reimburse the CITY for the
BO• T' .rated share o annua p,r.aintenance costs for the Premises. This amount has been
established a' y fl ty two tho . i d two hundred and three dollars and sixty seven cents($22,203.67)
for the 2016/201= ':..of ye the"Base Year Payment"),and will be promptly payable to the CITY
within forty-five (45)`42of receipt of an invoice from the CITY.
The BOARD and the CITY agree that during the initial term of this Agreement and all
extensions thereto, said Base Year Payment shall be adjusted annually, effective January of each
contract year, based on the percentage of increase reflected in the Consumer Price Index for All
Urban Consumers (CPI-U); Miami-Ft. Lauderdale, FL all items (1982-84=100) ("CPI"). The CPI
increase shall be determined by multiplying the Base Year Payment then being paid by a fraction,the
numerator of which shall be the CPI for the month preceding the month of adjustment(December),
Page 3!4 of 1191
and the denominator of which shall be the CPI for the thirteenth month preceding the month of
adjustment. Should the CPI become unavailable, a reasonable substitute designated by the CITY
shall be used. The current Base Year Payment shall remain in effect until the City notifies the Board
of the new Base Year Payment. The CITY shall attempt to so notify the Board, prior to the
adjustment date, of the new Base Year Payment amount; however, failure of the CITY to timely
notify the Board of the new Base Year Payment amount shall not be deemed a waiver by the CITY.
The new Base Year Payment(or any shortage due)shall be payable reti t ly to the effective date
of the adjustment date, within forty–five(45)days from receipt o ,voice from the CITY of the
new Base Year Payment. Notwithstanding the foregoing, th PI in"i-shall not exceed four
percent(4%)per year.If the CPI has a negative change,t ---b ration sh:` emain the same for
the upcoming contract year.
Notwithstanding anything contained in this Artie .r this Agreement,the BOARD shall
also be required to reimburse the CITY fo e > .nd all mainten.k't „elated and other costs incurred
by the CITY as a result of the BOARD's u o tom.' ises, beyo m e 1 1 0 days per year usage.
VII. LIABIL ERSONA 1'1 OPER
¢
The ! and B•{ D agree to I1..ure or self insure their respective interests in
personal property to the e e; ear a •.s necessa :Per appropriate and hereby mutually waive all
rights to re e4.�,-�v •ss or . .,�- e by .` :�.ns and waive all rights to recovery for loss and
dama essuch prope o a y cab that oever. The CITY and BOARD hereby waive all rights
of s .ro' s ,? against eachs r und-.7 s y policy or policies they may carry or on property placed
or moved on S'remises. ly
*, . .•
VIII. LIAB "f '' FOR DAMAGE OR INJURY
Subject to the Y mitations included.within Section 768.28, Florida Statutes,the CITY shall
not be liable for any damage or injury which may be sustained by the BOARD or any persons on or
about the PREMISES during the BOARD'S Period of Use, other than damage or injury resulting
from the negligent performance or failure of performance on the part of the CITY, its agents,
representatives or employees,or failure of the CITY to perform its covenants under this Agreement.
Page 35 of 1191
bb
The CITY shall not be responsible or liable for any loss of business,consequential damages or any
other damages arising from acts of God.
Subject to the limitations included within Section 768.28,Florida Statutes,the BOARD shall
not be liable for any damage or injury which may be sustained by the CITY or any persons on or
about the PREMISES during the CITY'S Period of Use,other than damage or injury resulting from
the negligent performance or failure of performance on the part of the BOARD, its agents.
representatives or employees, or failure of the BOARD to perfo �'_covenants under this
Agreement. The BOARD shall not be responsible or liable for a te CON, of business,consequential
damages or any other damages arising from acts of God.
k
1X. 'INDEMNIFICATION
The BOARD does hereby agree to indemrii B 1 {
y g f} ."`�:`.3 old `� ess the CITY, �, the extent of
the limitations included within Florida Statutes, Section 7 :lthe"Act"),subject to the provisions
in this Act whereby the BOARD shall not ;e d liable to pay a onal injury or property damage
claim or judgment by any one person which c 4"s - um of$20 i !i I.or any claim or j udgment,
or portions thereof, which, when totaled with'- II o a e,„j udgments paid by the BOARD
arising out of the same •ASTP4D occurrence xcecds th, um of$300,000 from any and all
personal injury or pr .ti.41clamag$Iims, liabiliti4=klosses and causes of action which may arise as
a result of the negligence R B• :°mot! owever, t
: hing herein shall be deemed to indemnify the
CITY from .4fiRiA clai a s:'sing ou z h negligent performance or failure of performance
of the !i,3r or as a res 7x 4-then •nc of any unrelated third party.
es .
ka ITY does her-e :gree t•) demnify and hold harmless the BOARD, to the extent of
the limitatio luded withi °lorida Statutes,Section 768.28,subject to the provisions in this Act
whereby the CI wall no held liable to pay a personal injury or property damage claim or
judgment by any one't i,•n which exceeds the sum of$200,000, or any claim or judgment, or
portions thereof, whic`, when totaled with all other claims or judgments paid by the CITY arising
out of the same incident or occurrence,exceeds the sum of$300,000 from any and all personal injury
or property damage claims, liabilities,losses and causes of action which may arise as a result of the
negligence of the CITY. However,nothing herein shall be deemed to indemnify the BOARD from
any liability or claim arising out of the negligent performance or failure of performance of the
BOARD or as a result of the negligence of any unrelated third party.
Page 396 of 1191
The provisions of this Article shall survive the expiration or early termination or cancellation of
this Agreement. Nothing in this Agreement is intended to operate as a waiver of either Party's
sovereign immunity.
X. MAINTENANCE OF PREMISES
The BOARD shall repair equipment or facilities located on the Premises damaged
exclusively by the BOARD's actions, ordinary wear and tear exceptedAtV excepted; its Period of Use,as
set forth in this Agreement. The BOARD shall provide the Ci ` ' pager's designee with prior
written notice of its intent to make such repairs. The CITY' serves` ±- fight to make any such
repairs on behalf of the BOARD and shall advise the BO '' D,- ii writing, e**id intention within
five(5)days from receipt of the BOARD's notificatio1. The B• RD shall prom . ei• burse the
Cl"IY within forty-five (45) days of receipt of the my A'_ or s e -.airs. '
The CITY shall be responsible for all other repair an e- ntenance of the Premises and shall
maintain the facilities located on the Pre'e` .t a minimum k of service.
If repairs are required to reasonably ,c I 4 e the BOA 40V.activities during its Period
of Use(and said repairs are not repairs which i`1.uld . v . • < `e BOARD during its use of the
Premises, as set forth in A ;. ragraph of :vim's Article , and are not effected by the CITY
within thirty (30) d.,�, �. the CI1 receiving vv ten notice from the BOARD requesting said
repairs, then the BOARD 1 de a.s Agreem0e in default pursuant to Article XXIV herein.
Notwithst •61-Mr edin .-.airs a sary in order to preserve the immediate health and
safety . .'7e occupantst; e no Nv. Ie ced by the CITY within three(3)days of written notice
fro th .•RD, then the ? • RD immediately terminate this Agreement regardless of the
provisions o ;cle XXIV in
The BO•} :and = , through the on-site School administrator and Park Facilities
Manager, respective' ' xi I coordinate the scheduling of the CITY's maintenance functions to
minimize the impact r' the BOARD's uses pursuant to this Agreement.
XI. ASSIGNMENT AND SUBLETTING OF PREMISES
The BOARD shall not,at any time during the term of this Agreement,sublet in part or
whole the Premises,or assign this Agreement or any portion or part thereof,without the prior written
consent of the CITY.
Page 37 of 1191
XII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the Parties herein,their heirs;executors,legal
representatives, successors and assigns.
XIII. EXAMINATION OF PREMISES
The CITY may enter upon the Premises at any time d '_ ke BOARD's Period of
4.
Use provided the CITY does not unreasonably interfere with •my burden the BOARD's
operations. The CITY may enter the Premises at any time ii<4e even` "' an emergency (as same
J
t
shall be determined by the CITY. in its sole and absolu -elscrgti:n).
XIV. CANCELLATION FOR CON +N E
In addition to the provisions of Articles Vj ' _. 'IV and XXVI, both Parties shall
have the right to cancel the Agreement at ie, without cau' for convenience,by giving the
other Party written notice at least one (1)to • .to the effe date of said cancellation,
=sr
provided that such cancellation b y the CITY \ 11 nv 4. --until after the completion of the
P > no"':�¢ _ �
Miami Beach Senior Hi. 1 ko Baseball/So"4. 11 season . derway at the time of cancellation.
However, if the CIT <: cises s: ight to cane. including the City's exercise of a termination
for convenience pursuant , i hen the Cr shall reimburse the BOARD for a prorata
amount of. . Q s oveda nent .regiments made to the Premises by the BOARD during
the ter•.,..§*-rein (if any;. .y_=a;cum9 , ._s u uant to Article V, and as if amortized over a sixty(60)
mon'i p:b v
XV. A � 'TIS k
The BV;VA shall not place any signs or advertising matter on any portion of the
Premises except with ■nor written approval of the CITY or its designee,which approval shall not be
unreasonably withheld.
XVL NOTICE AND GENERAL CONDITIONS
A. All notices or communications under this Agreement by either Party to the
other shall be sufficiently given or delivered if dispatched by (1) certified U.S. mail, postage pre-
Page 18 of 1191
paid, return receipt requested, (2)hand delivery, (3) Federal Express or other comparable overnight
mail service, (4)telephone facsimile transmission with transmission receipt,or(5)electronic mail to
the following addresses, or as the same may be changed in writing from time to time. Such notice
shall be deemed given on the day on which personally served. or if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier. •
1. In the case of notice or communication to the CITY:
City of Miami Beach
City Manager •
1700 Convention Center Drive
Miami Beach, Florida 33139
Fax: 305-673-7782
Jimm Morales a mian r
•With a copy to: �rt
City of M. -ii Beach �..
Parks and ' e:lion Departmen tn. Director
1701 Mertdt ''7.e. e Suite 40
Miami Beach, lost. ; • 5>
Fax: 305-673N 0 " - j
<vm
•�
•_ Rebar @mt �. achfl go
2. I - . < otice or corn Itecation to the BOARD:
fiY.F �Yrn 'T
` ool Boar.Wrtami-Dade County, Florida
c/o serintendent of Schools
Scho• o. : �: Administration Building Y VA450 N.42 Avenue, Room 912
iami,' lorida 33132
rSql x: 305-995-1488
45?
With copies to: -414b501,-
Miami-Dade County Public Schools
Office of School Facilities
Attn: Chief Facilities Officer
1450 N.E. Second Avenue. Room 923
Miami,Florida 33132
Fax: 305-995-1401
Email: JTorrens @dadeschool.net
Miami-Dade County Public Schools
Page 1609 of 1191
Facilities Planning
Attn: Executive Director
1450 N.E. Second Avenue. Room 525
Miami, Florida 33132
Email: MLevine@dadeschools.net
The School Board of Miami-Dade County, Florida
School Board Attorney's Office
1450 NE 2nd Avenue, #400
Miami. FL 33132 :,-
Attn: School Board Attorney
Fax: 305-995-1412 F .
•$
E-mail: Walter.Harve ' dadeols.r M d
ACraft(wdadeschools.net 4
B. Title and paragraph headings. x= or cony lent reference.''ea. e net intended
to confer any rights or obligations upon the parties toy u greet - t:
C. For purposes of administering this = ' ''ement, the City Manager or the City
Manager's designee, as may from time to t be designate; n n' g, by the City Manager, shall
have authority to act for him/her with respe Pito 1 matters pe 'i. g to this Agreement. The
City Manager's designee shall be the City's I ks ,n:1iepartment Director,who shall
also be authorized to d R,.a .°s. writing, a ;0 tract ma r_er with respect to the day to day
operational matters .04, sing to Q,Agreement. ' t
D. Fo o o GVI4p le Agree t, the Superintendent of Schools or his/her
e..
designee sha; des'-• s ted by t 9< ' I to grant or deny all approvals required by the
oes-
Agree Aitt dealing wit o ne P ';k o, coordination,construction of improvements,if any,or
NAV
cha gin % iods or schedu k •f use
° In addi`. a, to the above,for purposes of the Agreement,the Superintendent of
Schools shall be "•Q" , deJ_nated by the BOARD to grant or deny any approvals required by the
Agreement,includin_ 1s out limitation,amending any exhibits to the Agreement,placing the CITY
in default,or renewin.,extending, canceling or terminating the Agreement.
F. Except as otherwise provided in this Agreement,any Notice shall be deemed
received only upon actual delivery at the address set forth above. Notices delivered after 5:00 PM(at
the place of delivery)or on a non-business day, shall be deemed received on the next business day.
If any time for giving Notice contained in this Agreement would otherwise expire on a non-business
day,the Notice period shall be extended to the next succeeding business day. "Day"as used in this
Page 31710 of 1191
Agreement shall be defined as calendar day. unless otherwise provided. Counsel for the BOARD
and counsel for the CITY may deliver Notice on behalf of the BOARD and the CITY, respectively.
Any party or other person to whom Notices are to be sent or copied may notify the other parties of
any change in name or address to which Notices shall be sent by providing the same pursuant to this
provision.
XVII. SURRENDER OF PREMISES
Upon the termination or expiration of this Agreeme, ' : BOARD shall remove from
the Premises any personal property and non-permanent improventsd ,.y it to the Premises and
g
shall promptly and peacefully surrender and deliver poss- p of •he Prem q I the CITY, and all
permanent improvements constructed by the BOA=41 as provided for in Arti = ii their then
� {tom
existing condition,shall become the property of the Cr a;and t €•I,TY shall have s�esponsibility
and/or obligation to reimburse the BOARD for any permanen funprovements made to the Premises
by the BOARD. •..
k a.
XVIII.NON-DISCRIMINATION 41.
The BOA .1 101 °:L Y agree tha ere will b:, o discrimination against any person
based upon actual •r: e ceived r c , color, nati.A.1 origin, religion, sex, intersexuality, sexual
is,orientation, gender ident' �i ar' : • familial s 's, age, ancestry, height, weight, domestic
partner stat . a izati.a ember5 ilial situation,or political affiliation,or mental or
physic Handicap in th. •f theep Elise and improvements thereof It is expressly understood
q 3 i'
that po :,40+-termination btourt o mpetentjurisdiction that discrimination has occurred,this
Agreement . 4.14ziatically to ates without any further action on the part of the non-discriminatory rf t
Party, effective t •!i; e of t ourt Order.
XIX. AMEN k'y.:` NTS
The CITY and BOARD, by mutual agreement, shall have the right, but not the
obligation,to amend this Agreement. Such amendments shall be effective only when signed by both
the CITY and BOARD and shall be incorporated as part of this Agreement.
XX. CONSTRUCTION OF AGREEMENT
Page 371 of 1191
This Agreement shall be construed and enforced according to the laws of the State of
Florida and the venue for any disputes shall be in Miami-Dade County, Florida.
XXI. SEVERABILITY
In the event any paragraph, clause or sentence of this Agreement or any future
amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or
sentence shall be stricken from the subject Agreement and the balance, �` greement shall not be
4:
affected by the deletion thereof provided to do so would not rend l''tie retation of the provisions
ambiguous or a nullity. 4:
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.
XXII. COMPLIANCE WITH FEDERA <
TATS , ND LOCAL , .;: S
! The Parties shall comply with all appli 0 les, regulations,, dinances and
codes of all governmental authorities, including, without I ,t.' Lion, the Florida Building Code, the
Americans with Disabilities Act and the Je r , unsford Act,as - .y be further amended from time
Win.
' to time and to the extent required by applica0 f '°a `::
XXIII.WAIVE ; F
0
•No w,,1- of any p e ision hereo # all be deemed to have been made unless such
waiver be in writing and .-d b Y or BOP The failure of either Party to insist upon
. xm ...
strict perfo ci j ''_,2._ of tli= a visions l" `a a.itions of this Agreement shall not be construed as
waivin•:.i relinquishm f e fut - + s ch covenants or conditions,but the same shall continue
and ern:ft!! full force an• e ect. '
XXIV. D InAULT tfOVISION
Kr
The City M. a:F hall notify the BOARD in writing regarding the BOARD'S failure to
perform or to comply ith the terms and conditions of this Agreement. If the BOARD fails to cure the
default within thirty(30)days after receiving written notice,the City Manager,in the City Manager's
sole discretion, shall have the right to either extend the cure period beyond the aforestated thirty(30)
days,or,in the event that said extension is not granted,in writing,by the City Manager,to immediately
terminate this Agreement,without penally,upon ten(10)days additional written notice to the BOARD,
and the CITY shall have no further obligations hereunder and shall be discharged from reimbursing
Page 372 of 1191
13
1
I
the BOARD for any portion of the consideration stipulated in Article VI or any permanent
improvements made to the Premises by the BOARD.
The BOARD shall notify the CITY in writing regarding the CITY'S failure to perform or to
comply with the terms and condition of this Agreement. If the CITY fails to cure the default within
thirty(30)days after receiving written notice,the BOARD, in its sole discretion,shall have the right to
either extend the cure period beyond the aforestated thirty(30)days,or,in the event that said extension
is not granted,in writing, by the Board,the BOARD shall have the right s :.Agediately terminate this
Agreement, without penalty, upon ten (10) days additional writte0:m e's e to the CITY, upon which
event, the CITY shall reimburse the BOARD the prorated sit:,r• of the..,O ideration stipulated in
Article VI for the annual maintenance costs of the Prem,E_ rtp
to the teation and a prorata
amount of any City-approved permanent improven ea s made .o the PR.EMIS , th- BOARD
during the term herein (if any), z :
g ( y), as if amortized over a � .(60)".th nth period, and j s Agreement
shall thereupon be terminated and have no further force ai'a a ect.
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XXV. PEACEFUL POSSESSIO ..
Subject to the terms and con:% on lent, the CITY agrees that the !
BOARD shall and may p ` i,4 .,1. e and enjoy'he above de X abed Premises without hindrance or
molestation by the ` '' ,
Af-
In the e } v e Pre .&,_'}-,,
s ..uld be destroyed or so damaged by fire, windstorm or
othe cam. to the extent F the Prs uses are rendered untenable or unfit for the purpose of the
BOARD, eit's0'_3 may c. ,-1 this Agreement by giving written notice to the other.
In the eve '9,�cance ri ion of this Agreement due to damage or destruction of the Premises,
the consideration stikb,14 in Article VI shall be reduced so as to reflect the BOARD's prorated
share of the considers on paid by the Board during the contract year when the casualty occurred.
XXVII. CONCESSIONS
Subject to reasonable rules and regulations implemented by the CITY dealing with
insurance requirements and clean-up, Miami Beach Senior High School shall have the exclusive
right to operate all refreshment concessions during its home games,as defined under this Agreement,
Page 373 of 1191
14.
1
retaining all gross sales and profits therefrom.
XXVIII. VENUE/WAIVER OF JURY TRIAL
This Agreement shall be governed by,and construed in accordance with,the laws of
the State of Florida,both substantive and remedial,without regard to principles of conflict of laws.
The exclusive venue for any litigation arising out of this Agreement'WIN,-...Miami-Dade County,
Florida,if in state court,and the U.S. District Court, Southern Di, le>. -Florida;if in federal court.
BY ENTER[NG INTO THIS AGREEMENT, THE BOA. � D C°1 :. XPRESSLY WAIVE
ANY RIGHTS EITI-IER PARTY MAY HAVE TO 0. 141 L BY J .'> OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT ek, THIS A GREEMENT.F` "-:.
XXIX. LEGAL FEES AND COURT COSTS {<
In the event of any litigation be I e Parties under greement, each Party shall be
responsible for its own attorney's fees an•, oit eo through to °.nd appellate levels. The
provisions of this paragraph shall survive the ; it e o" ,.. ination or cancellation of this
Agreement
XXX. FLORID•• ' :L ' CORDS L • AUDITS AND INSPECTIONS&
AC ,:RECO s �.
ch Party un.-4.44fii i s the.4 70:d n!ture of these laws and agrees to comply with Florida's
Pub is WAtds Laws and ' relati , o records retention. Each Party shall keep and maintain
public recor connectio ith this Agreement. Each Party shall keep records to show its
compliance with-V & a.am re!` rements. Each Party must make available,upon request of the other
Party, a Federal gran tency, the Comptroller General of the United States, or any of their duly
authorized representa°ves, any books, documents, papers, and records of each Party which are
directly pertinent to this specific Agreement for the purpose of making audit,examination,excerpts,
and transcriptions. Upon request from either Party's custodian of public records,provide the other
Party with a.copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. Each Party shall ensure that public records that are exempt or confidential and
Page 374 of 1191
exempt from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the Agreement term and following completion of the Agreement. Each Party shall
retain all records for five (5) years after final payment is made or received and all pending matters
are completed pursuant to Title 34, Sections 80.36(b)(l). Any copies of all records stored
electronically must be provided to the School Board, upon request from the BOARD's custodian of
public records, in a format that is compatible with the information technology systems of the
BOARD.
XXXI. COUNTERPARTS
'- .'
This Agreement and any future amendments,may,t.. cued in any' ter of counterparts,
each of which when executed and delivered shall be.e o'i` ginal;hswever,all such c '- .. s together
shall constitute but one and the same instrument. Signa : d ac 1 .�ledgnient pages`�f any,may be
y
detached from the counterparts and attached to a single cope is document to physically form one
Agreement. .
XXXII. NOT A LEASE'teAa , i.,
It is expressly un• "L•`` =1d agreed th.: part,parr Ace
, building, structure, equipment or
space referred to in t s.',�-j?_. eemen e"'. . eased to the tt,∎ARD;that this Agreement is a Use Agreement
and not a lease;and that th °` A'..+ , t to utiliz e Premises shall continue only so long as the
BOARD co f he un.4 ings,p . :i
gS • ns,agreements,stipulations and conditions of this
Agrees •fit.
S
X _ PROHIBI`�f ONSf REGARDING SALE OR USE OF EXPANDED
, :,.
:y
POLYS ' NE F� i D SERVICE ARTICLES.
Pursuant to S- e.
- 82-7 of the City Code, as may be amended from time to time, effective
August 2,2014,the Ci' has prohibited the use of expanded polystyrene food service articles by City
Contractors, in connection with any City contract, lease, concession agreement or Special event
permit. Additionally,pursuant to Section 82-385 of the City Code,as may be amended from time to
time, no polystyrene food service articles will be allowed in the right-of-way, and no polystyrene
food service articles can be provided to sidewalk café patrons.
Page 1765 of 1191
l
Expanded poly.clyrene is a petroleum byproduct commonly known as Styrofoam. Expanded
polystyrene is more particularly defined as blown polystyrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number
of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam),
injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene,food service articles means plates,bowls,cups;containers,lids,trays,
coolers, ice chests, and all similar articles that consist of expanded ps1,Yskt,cne.
To the extent that this Agreement permits the sale or con ff.
o-R on of food at the Premises,
BOARD agrees not to sell. use, provide food in, or offer tl `se o 1t�._. ded polystyrene food
service articles at the Premises or in connection with th:i; > n -ee' ent. A tlhtion of this section
shall be deemed a default under the terms of this A'.,ireement...This subsectio net apply to '
t
expanded polystyrene food service articles used .` =°*Acka -'l_•od that have)en filled and
sealed prior to receipt by BOARD.
Additionally,BOARD agrees to c m e (and ensure co 9,1.: ce by its vendors)with Section
46-92 (c) of the City Code, which states tha. t `-",.give, ful for an . 4. on to carry any expanded
x
polystyrene product onto any beach or into ati .ar6 "` u Via,
.
,49
XXXIV. E "' ' c= ENT '
This Agreement an0 .. s e'4.. .ttache:tug?
hero, as those Exhibits may be substituted from
<t
time to time1 .�-e or her onstrtu � tire
g , ..� . - : .� �,. agreement between the Parties and supersedes
ham. � .
all prey.b s negotiations 4.4 t ma `4o r t±od' ied only by an agreement in writing signed by CITY and
Bo• ?i ,
�
> ,,,, IND ''DUAL SIGNATURE PAGES FOLLOW]
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Page 1 376 f 1191
IN WITNESS WHEREOF, the CITY and the BOARD have caused this Agreement to be
executed by their respective and duly authorized officers the day and year first written above.
•
WITNESSES AS TO CITY CITY OF MIAMI BEACH, FLORIDA
Print Name:
Print Name: Mayor Philip Lev'
t`
• ATTEST:
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City Clerk
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A, 41 Nill-
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If* +mss# 1'- , - j
°Ys-ice' _ ., 'T.
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Page 31787 of 1191
i
WITNESSES AS TO BOARD BOARD:
THE SCI-TOOL BOARD OF MIAMI-DADE
COUNTY. FLORIDA
Print Name: By:
Alberto M. Carvalho
Superintendent o Schools
Print Name: Date:
.j;' S.
:!
REC L DED: :.p
• y 4 oft:: -
Jaime g rrens
. Chief Fac•^..4 Officer
_ Date: '5
TO THE BOARD: APPROVED AS T 0 te
RISK MANAGEMENT ISSUES: ' : C OA`4I: APPROVED AS TO
•
>_ :iri ' ',:} a EGAL SUFFICIENCY:
Office of Risk an•• Its Man -ment
Date: a Sr. ool Board Attorney
. - :■ate..
4
Algi -"
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TO THE BOARD: APPROVED AS TO
FINANCIAL SUFFICIENCY:
.'Ifti,,, ,k Leonardo Fernandez
_` Treasurer
` Date:
Page 2743 of 1191
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Page F09of1191