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:
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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:
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If to MCB:
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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
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APPROVED N$ TO
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