Reso 2017-2715 - Laserfiche WebLink

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3. Maintenance and Operation of the SKATE PARK: a. The COUNTY shall maintain and operate the SKATE PARK as a public park consistent with its maintenance and operation of other COUNTY parks, including that the SKATE PARK shall be operated and maintained for the use, enjoyment and recreation of all members of the public and there shall be no preference or discrimination on the use of the SKATE PARK based on a person's residence within Miami -Dade County. b. The COUNTY may, consistent with its operations of other COUNTY parks and facilities and its approved policies and fee schedules, allow the exclusive reservation and use of the SKATE PARK for limited durations for certain events. Nothing contained in this AGREEMENT shall be deemed to limit the COUNTY's ability to operate, manage and maintain the SKATE PARK in accordance with COUNTY policies and consistent with other COUNTY parks and in the manner that the COUNTY deems to be in the best interest of the residents of Miami -Dade County. The COUNY shall provide the CITY the hours of operation for the SKATE PARK. If the hours of operations are revised, the COUNTY shall obtain the consent of the CITY. The CITY shall not unreasonably withhold its consent. Closing the SKATE PARK by the COUNTY for any period more than a week shall require the consent of the CITY. c. This Section 3 shall survive the expiration of this AGREEMENT. d. The CITY shall have no legal responsibility or liability with regards to maintaining and/or operating the SKATE PARK once Final Completion of the SKATE PARK, as defined in the AGREEMENT between the CITY and Contractor, is completed. 4. Construction of Improvements a. Prior to the commencement of any improvements by the CITY or the purchase of any materials or supplies for the SKATE PARK, the CITY shall cause its Contractor to furnish the COUNTY with a payment and performance bond issued in accordance with Section 255.05, Florida Statutes, in substantially the form attached hereto as Exhibit "5 ". The bond shall be that of a responsible surety company qualified under the terms of the AGREEMENT, licensed to do business in Florida, in amounts not less than the total cost of the work, as determined by the COUNTY and shall remain in effect until the entire cost of the CITY Contractor's work shall have been paid in full. The payment and performance bond shall name the CITY and the COUNTY as dual obliges and beneficiaries thereof. The bonds shall provide the following, without limitation; 1) That a payment bond in an amount not less than the cost of construction of CITY Contractor's work is obtained that is conditioned to secure the completion of CITY's work free from all liens and claims of contractors, subcontractors, mechanics, laborers and material; and 2) That a performance bond in an amount not less than the cost of construction of CITY Contractor's work is obtained that insures that the construction work shall be completed by the CITY, its Contractor, on their default, the surety. b. All construction work must meet or exceed requirements of applicable building codes in effect. During construction, the CITY shall retain all responsibility for securing the Construction Site. The CITY shall be solely responsible for payment of all project cost and any cost overruns. The CITY Page 3 ofpi63