Loading...
Access Agreement Between Miami-Dade County C' MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PUBLIC WORKS DEPARTMENT Tel:305-673-7080,Fax:305-673-7028 ROUTING COVER LETTER DATE: 09/29/22 SUBJECT: Agreement between WASD and the City to let us use their facility to store vehicles during hurricane emergency events FROM: Public Works Department TO: Alina Hudak CONTACT: Fiorella Ext: 6007 erfc cet.r. toe. w`tt-c Routing: This is an agreement between the City and WASD, approved at the September 14, 2022 City Commission, allowing us to use County facility to store City vehicles during hurricane emergency events <-E,( off 2c722 _ 32 z ota We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical, historic community. ACCESS AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH THIS ACCESS AGREEMENT (hereinafter, the "Agreement") is entered into this day of , 2022,with a retroactive effective date of June I, 2022(hereinafter,the"Effective Date"), by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida(the "County"), whose mailing address is 3071 S.W. 38th Avenue, Miami, Florida 33146, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(hereinafter,the "City,"and collectively with the County,the"Parties"),whose mailing address is 1700 Convention Center Drive, Miami Beach, FL 33139, in order to give City the right to access and enter property owned by the Miami-Dade Water and Sewer Department (hereinafter, "WASD"), which property is located at the Carol City Yard, 3801 N.W. 181 Street, Miami Gardens, Florida, 33055, identified by Folio No. 34-2108-007-0020 (hereinafter, the "Property"). The right of access to, and entry upon, the Property is granted in order to allow the City to store on the Property the City vehicles identified on the attached Exhibit"A"during an impending hurricane(from the Effective Date until November 30th of each Contract Year),at no cost to the County. Aside from County-owned vehicles,only those vehicles identified on Exhibit"A"shall be allowed to utilize the Property for parking. Exhibit A may be modified by the Parties, from time to time, to identify vehicles being stored during a given Contract Year (as defined in the following paragraph). The City will bear all costs for securing its vehicles within the Property from theft or damage during the term of the Agreement, and the County shall not be responsible in any way for the safety and security of any City personnel parking a vehicle at the Property or for the safety and security of any of the City vehicles parked at the Property. All damages of any kind to the Property occurring as a result of this Agreement shall be promptly repaired by the City at its sole cost and expense. The City will have the right to access the Property, free of charge, for the sole and limited purpose of storing City vehicles during an impending hurricane (from June 1, 2022 to November 30th of each calendar year, (each a "Contract Year"), for a period not to exceed Access Agreement City of Miami Beach Page 1 of 5 ten (I 0) years. The City must remove all vehicles from the Property by no later than November 30th of each Contract Year. In the event the City fails to remove any vehicle from the Property by November 30th of each Contract Year, the County shall be entitled to remove the vehicles at the City's expense, and the City agrees to pay the County for all invoices related to such removal within ten(10)days of receipt of any such invoice. In the event, the City requires additional time, the City shall request an extension of time by providing written notification to WASD,at least ten(10)days before the expiration of this Agreement, of its intent to extend this Agreement. This Agreement may be cancelled by either Party at any time and for any reason by one Party giving ten(10)days'prior written notice to the other Party. The City acknowledges and agrees that this right of access and entry gives them no legal right, title,tenancy or interest whatsoever in the Property, and legal title in the Property remains exclusively with the County. The City shall indemnify. hold harmless and defend the County and its officers, employees, agents and instrumentalities from any and all liability,losses,or damages, including attorneys' fees and costs of defense,which the County or its officers,employees,agents or instrumentalities may incur as a result of claims, demands,suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the City or its employees, agents, servants, partners, principals, consultants, contractors or subcontractors. The City shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs and judgments. A certificate of insurance showing the County as an additional insured on insurance policies necessary to meet the insurance requirements set forth on Exhibit B shall be provided to WASD prior to City or its agents' access to the Property. In addition, the City agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, Access Agreement City of Miami Beach Page 2 of 5 employees, agents and instrumentalities as herein provided. The City's obligation to indemnify the County shall be. as permitted by law and subject to all limitations of Section 768.28 of the Florida Statutes. The City is a Florida municipal corporation and self-insures for liability coverage. However,in compliance with and subject to limitations of Florida Statutes, Sections 768.28 and 440.09, provisions have been made by the City to process any liability claims that may arise under this Agreement. For purposes of providing notice under this Agreement,the following contact information shall be used: Miami-Dade Water&Sewer Department c/o Deputy Director of Operations 3071 S.W.38th Avenue,5th Floor Miami, FL 33146 (786)552-8507 Antonio.Cotarelo(a),m iamidade.gov City of Miami Beach—Public Works Operations c/o Infrastructure Division Director 451 Dade Blvd Miami Beach, FL 33139 305-673-7000 ext.26243 LysDesir cc miamibeachfl.gov This Agreement constitutes the entire agreement between the County and the City and may not be modified or amended except in writing signed by both Parties. (Signatures appear on the next page) Access Agreement City of Miami Beach Page 3 of 5 IN WITNESS WHEREOF, the County and the City have executed this Access Agreement acknowledging their mutual agreement thereto and the obligations and requirements contained herein. FOR THE COUNTY: ATTEST: MIAMI-DADE-COUNTY,a political Harvey Ruin subdivision of the State of Florida BY: Deputy Clerk Daniella Levine Cava Mayor STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this day of , 20 , by who is personally known to me or who has produced as identification. NOTARY PUBLIC: sign print State of Florida at Large(Seal) My Commission Expires: Approved as to Form and Legal Sufficiency: Assistant County Attorney Access Agreement City of Miami Beach Page 4 of 5 FOR THE CITY: �`�s i'" .4c ;CITY OF MIAMI BEACH,a municipal ATTEST: ``'.'"a0* co oration of the State ,INcoRp oRAIED of Florida Rafael E.Granado _;,.. � BY: City Clerk OCT 0 3 2022 Al, . . 'udak,Ci na er STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledgpd before me by mea • • p• ' . • 1. - or ❑ online notarization, this 3 day of OC GC 2027y ` ` who 's personalllknown to m o_wltp I�s produced 747 :.tion. 0 Y r; . FIORELLA R SARMIENTO NOT' ' PUBLIC: ,- • 4f Notary Public•State of Florida ' sign I , "a Commission I GG 927184 I print — .� I ,,?..,,,,,,Fr- My Comm.Expires Oct 25,2023 ( 5 Donded through National Notary Assn, ( State of Florida at Large eal) My Commission Expires: APPROVED AS TO FORM&LANGUAGE 8 FOR EXECUTION_s.. !q /�9 i 2o2-2__ IZY City Attorney 5ro- Date Access Agreement City of Miami Beach Page 5 of 5 EXHIBIT"A" CITY OF MIAMI BEACH VEHICLES Vehicle Destination SECTION CMS During Department Division USED BY Vehicle Vehicle Year Make License Emergency (DEFT USE Description ID Model Plate 6 Event ONLY) MIAMMDADE 0420- COUNTY YARD Public Works Sewer PUMP SHOP F350 21406 2022 Ford F350 X15885 MIAMI-DADE PubBc Works D420- CRANE COUNTY YARD Sewer PUMP SHOP TRUCK 4790 2012 Freightliner M2 XC9177 MIAMI-DADE Public Works 0410- F650(CREW COUNTY YARD Water SEWER CAB) 4670 2006 Ford F650 230327 MIAMI-DADE Public Works 0420 STORMWATER DUMP TRUCK 4662 2005 COUNTY YARD r._ Sewer Starring LT7500 231644 0840- STREETS- MIAMI-DADE Public Works Streets& STREET F150 COUNTY YARD Street 13412 2013 Ford F150 XD1854 Lighting LIGHTING 0840- --L-- MIAMI-DADE Streets& STREETS- T COUNTY YARD Public Works Street STREET DUMP TRUCK 14467 2015 Ford F450 XD7659 Lighting LIGHTING 0840- STREETS- _ MIAMI-DADE Public Works Streets& STREET ASPHALT 4300 14478 2015 International SBA X07746 COUNTY YARD Street TRUCK LIGHTING --- Lighting _�_ 4X2 MIAMI-DADE STREETS-PublicWorks 0410- ASPHALT4300 STREET TRUCK __ SBA MaHTING 16485 2017 International SBA XE4079 COUNTY YARDWater L 4X2 0840 STREETS- ; MIAMI-DADE Streets& CEMENT 4300 COUNTY YARD Public Works STREET 16491 2017 International SBA XE5582 Street LIGHTING RUCK - Lighting 4X2 0840- STREETS- MIAMI-DADE Public Works Streets& STREET F150 4747 2010 Ford F150 X88128 COUNTY YARD 1 Street LIGHTING Lighting 1 Page 1 of 2 EXHIBIT"A" CITY OF MIAMI BEACH VEHICLES — 0840— STREETS- — -- MIAMI-DADE Public Works Streets 8 STREET F150 4748 2010 Ford F150 XB8129 COUNTY YARD Street LIGHTING Lighting--^ --.-- -- _ MIAMI-DADS Public Works 0410 WATER DUMP TRUCK 4690 2007 S_ COUNTY YARD WaterStaring LT7500 XA2817 MIAMI-DADE 0427- WATER- '— Public Works F150 13402 2013 Ford F150 XD1796 COUNTY YARD Stormwater METER SHOP MIAMI-DADE Public Works �0410- WATER- F1Q0 _15407 2016 Ford F250 XD7837 COUNTY YARD Water METER SHOP MIAMI-DADE Public Works 0420- WATER- F150 16403 2016 Ford F150 XE4000 COUNTY YARD Sewer METER SHOP __ MIAMI-DADE Public Works 0410 WATER- F150 4803 2012 Ford F150 XD0414 COUNTY YARD Water METER SHOP Page 2 of 2