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2004-25634 Reso RESOLUTION NO. 2004-25634 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE MIAMI CITY BALLET AND THE CITY OF MIAMI BEACH REGARDING THE USE OF THE MIAMI CITY BALLET BUILDING, LOCATED AT 2200 LIBERTY AVENUE, AS A FORWARD COMMAND POST DURING SPECIFIED HURRICANE CONDITIONS. WHEREAS, the City desires to use the Miami City Ballet building, located at 2200 Liberty Avenue, for a Forward Command Post and Landfall Team shelter for Category 2, 3 and 4 hurricanes; and WHEREAS, this limited use of the Miami City Ballet building is subject to the Agreement between the parties for the terms and conditions of such use. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is authorized to execute a Memorandum of Understanding between the Miami City Ballet and the City of Miami Beach regarding the use of the Miami City Ballet building, located at 2200 Liberty Avenue, as a Forward Command Post during specified hurricane conditions. PASSED and ADOPTED this 28th ,2004 ATTEST: ~~,. E > Ma.-..~ f ::::N:A~:::12804\COnsent\MOA-miami city ballet-reso.doc APPROVED AS TO FORM & LANGUAGE & FOR unON cA 7 jz//v7 Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A resolution authorizing the execution of a Memorandum of Understanding between the Miami City Ballet and the City of Miami Beach regarding the use of the Miami City Ballet building located at 2200 Liberty Avenue as a Forward Command Post durinQ specified hurricane conditions. Issue: Shall the City Commission approve the execution of a Memorandum of Understanding between the Miami City Ballet and the City of Miami Beach? Item Summary/Recommendation: The City of Miami Beach desires to use the Miami City Ballet building for a Forward Command Post and Landfall Team shelter for category 2, 3 and 4 hurricanes. This will require a number of temporary modifications to the building, to be paid for by the City of Miami Beach, according to plans first approved by the Miami City Ballet. The Administration recommends that the Mayor and City Commission approve the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: D Finance Dept. Ci Clerk's Office Le islative Trackin Ramiro Inguanzo AGENDA ITEM CiA DATE ,-2"6-01.{ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \/V"e-~ City Manager 0 . U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE MIAMI CITY BALLET AND THE CITY OF MIAMI BEACH REGARDING THE USE OF THE MIAMI CITY BALLET BUILDING LOCATED AT 2200 LIBERTY AVENUE AS A FORWARD COMMAND POST DURING SPECIFIED HURRICANE CONDITIONS. Date: July 28, 2004 To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach desires to use the Miami City Ballet building for a Forward Command Post and Landfall Team shelter for category 2,3 and 4 hurricanes. This will require a number of temporary modifications to the building, to be paid for by the City of Miami Beach, according to plans first approved by the Miami City Ballet. The Memorandum of Understanding defines the roles and responsibilities of both agencies prior to, during and after a hurricane emergency operation conducted on Miami City Ballet property. CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution. JMG/Rlllc T:\AGENDA\2004\JuI2804IConsentIMOA-miami city ballel.doc MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI CITY BALLET AND THE CITY OF MIAMI BEACH ~hiS emorandum of Understanding (MOU) is entered into this ~day of , 2004, by the Miami City Ballet, a not for profit corporation whose p' cipal address is 2200 Liberty Avenue, Miami Beach, Florida and the City of Miami Beach, Florida, a municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida. 1. This Memorandum of Understanding outlines the agreement between Miami City Ballet (MCB) and the City of Miami Beach, Florida (CMB) regarding the use of the MCB Facility, located at 2200 Liberty Avenue, Miami Beach, Florida (the Facility) during specified hurricane conditions. 2. The CMB fully recognizes and understands that the MCB Facility is private property and that MCB has authority over what takes place on its premises, subject to compliance with applicable laws. 3. The CMB desires to use the Facility for a Forward Command Post and Landfall Team shelter for Category 2,3 and 4 hurricanes. 4. All work done at the Facility for accomplishment of the use stated within Paragraph 2 hereinabove will be properly permitted and done according to all State, local and CMB Code requirements. 5. The CMB shall assume responsibility for repair of any damage to the Facility directly caused by its authorized personnel or any other City authorized officers, agents, contractors, and employees, but only to the extent that such damage is the direct result of the City's use of the Facility pursuant to this MOU and/or the work contemplated by paragraph 4 above. 6. The CMB will return the Facility to MCB after each usage in the same condition it was prior to the hurricane emergency, excepting any damage to the Facility caused by the hurricane and/or unauthorized third parties. If, however, such hurricane damage to the Facility or its contents is the result of any intentional or negligent act or omission of authorized CMB personnel, as set forth in paragraph 5 above, then repair of said damage will be the responsibility of the CMB. 7. This Agreement shall become effective upon the date of the last party to sign. The Agreement shall be in effect for a term of three (3) years, through December 31,2007. 8. CMB employees shall commence to occupy the Facility 36 hours before projected landfall, as declared by the National Hurricane Center. The City will vacate the Facility as soon as it is deemed safe for the City employees by the CMB. 9. The MCB F~C~~n~her designees will have the right to stay in the Facility during occupancy by the CMB to assist with any questions about the facility. 10. Either MCB and/or the City may terminate this Agreement without cause and/or convenience upon thirty (30) days written notice to the other party; provided that this Agreement may not be terminated by MCB during "Hurricane Season", defined herein as the period from June 1st through November 30th of any year during the term herein. 11. All notices under this Agreement shall be deemed properly give if, delivered personally or sent by registered or certified United States mail, postage prepaid, as follows: If to City: * of' /rJ/Offfi,13=Oh I~ .. ~gz~ ~t~rive tn/ami ~ch ,J::'"/. q~L3q , If to MCB: rl: /J-/V'\; ctj &\ \\J-, T()C 2206 i...i ~r-T-j ~R.()<.JI!.J M : LAM; BP"If..H / F L- 33 J.3Ct 12. 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 shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southem District of Florida, if in Federal Court. ~~S~B~~ F~ Coo . ator, Miami City Ballet "'} "at) r '- T:\AGENDA\2004\JuI2804\Consent\MOA-miami city ballet-reso.doc APPROVED N$ TO FORM & LANGUAGE & FOR EXECUnON ,{i 7/Z/#~ Date