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HomeMy Public PortalAbout16-9128 Execute MOU Exhibit A with Farm Share Inc Sponsored by: Commissioner Kelley RESOLUTION NO. 16-9128 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (EXHIBIT "A") WITH FARM SHARE, INC.; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City has residents in need of food assistance; and WHEREAS, The City Commission of the City of Opa-locka, FL, desires to partner with Farm Share, Inc. to distribute food to the residents of Opa-locka, FL, who are in need of food assistance; and WHEREAS, The City has partnered with Farm Share, Inc. in the past to distribute food to the residents of Opa-locka, FL; and WHEREAS, The City will not be required to expend any funds, but will be required to provide staff support in the distribution of the food received from Farm Share, Inc. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Manager is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City of Opa-locka, FL, in substantially the same form as attached in EXHIBIT "A," for the period of January 1, 2016 through December 31, 2016; Section 3. This Resolution shall take effect immediately upon adoption. Resolution No. 16-9128 PASSED AND ADOPTED this 13th day of January, 2016. I Lyra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jot na Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSIONER KELLEY Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES Memorandum of Understanding This Memorandum of Understanding("MOU")is entered into on ,2015 (the"Commencement Date"), by and between Farm Share, Inc., a Florida not for profit corporation, located at 14125 SW 320th Street, Homestead,Florida 33033,("FARM")and the City of Opa-Locka, located at 780 Fisherman Street,4th Floor,Opa- locka, FL 33054, (the "PARTNER AGENCY") (each a"Partner" and, collectively, "Partners") for the purpose of achieving the objectives of Farm Share's Local Food Distribution and Education Program(the"Program"). FARM and the PARTNER AGENCY desire to work together as partners and, in this MOU, to delineate the working arrangements and parameters that each agree are necessary to achieve the objectives of the Program, which is funded by a grant to FARM from the United State Department of Agriculture Local Food Promotion Program(the "Grant"). 1. Purpose: The purpose of this MOU is to provide the framework and understanding between FARM and the PARTNER AGENCY regarding the roles and responsibilities of each Partner in the administration of the Program. 2. Obligations of the Partners: The Partners acknowledge that no contractual relationship between them is created by this MOU,but they agree to work together in the true spirit of partnership to ensure united,visible,and responsive leadership of the Program. 3. Cooperation: The activities and services required of each Partner during the Term (as hereinafter defined) to provide adequate administration of the Program include,but are not limited to: FARM PARTNER AGENCY a) acquire local food and distribute it, free of a) help locate site(s) for the free distribution of charge,at distribution events; food to members of the community one time per month b) provide two staff members to assist with the beginning January 1,2016.The distribution site(s)must: distribution events; i. have adequate parking and space for the ingress c) create and distribute educational materials and of FARM's box truck;and recipes pursuant to the Grant; ii. be consistent, to the extent possible, in the d) coordinate surveying and reporting pursuant to locations, days of week, and times of the distribution the Grant; events. e) administer the Grant and comply with all Grant b) provide five tables for each distribution event; requirements;and c) coordinate clean-up, including disposing of f) advertise the distribution events on FARM's cardboard boxes and pallets; website,social media platforms,and in its newsletter. d) work with FARM to schedule distribution events through December 2016; e) provide any necessary traffic control; f) advertise the event, including the creation and circulation to the community of flyers for the distribution events; g) provide 20-25 volunteers to assist in handing out food at each distribution event;and h) ensure that all food delivered by the Program at distribution events is provided free of charge to the community and that no food is sold,bartered,or traded. 1 4. Communication Strategy: All marketing, media, and other public relations content and materials pertaining to the Program or involving or referring to FARM must be consistent with the objectives of the Program and shall, in all circumstances,be subject to FARM's express prior approval. 5. Liability: No liability will arise or be assumed between the Partners as a result of this MOU. 6. Term: This MOU shall be effective from the Commencement Date through December 31, 2016 (the "Term"). The Term may be extended only by written agreement of FARM and the PARTNER AGENCY. 7. Assignment: Neither Partner may assign or transfer the duties and responsibilities under this MOU without the prior written consent of the non-assigning Partner,which approval shall not be unreasonably withheld. S. Understanding: It is mutually agreed that: a. the Partners will work together in a coordinated fashion in administering the Program; b.this MOU shall in no way restrict or prohibit the Partners from participating in similar agreements with other public or private agencies,organizations,or individuals;and c. either Partner may terminate its participation in this MOU upon 60 days'written notice. 9. Immediate Termination by FARM: In the event the PARTNER AGENCY is not complying with this MOU to the detriment of the Program, as determined in FARM's sole discretion,FARM reserves the right to immediately terminate this MOU and to identify a new PARTNER AGENCY to carry out the activities and duties of the Program. 10. Signatures: The individuals executing this MOU represent and warrant that they have the legal capacity and authority to do so. IN WITNESS WHEREOF,the parties have executed this MOU on the following dates. Farm Share,Inc. City of Opa-Locka Patricia Robbins David Chiverton President and CEO City Manager Date: Date: 2