HomeMy WebLinkAboutR-03-0969J-03-729
08/28/03
RESOLUTION NO. Q 3— 9 G 9
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) , BY A FOUR-FIFTHS (4/5 THS)
AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY AND EXECUTING AN INDEMNIFICATION
AND HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH 1001 NORTHWEST '7TH
STREET PROPERTIES, INC., FOR USE OF THE
PARKING LOT LOCATED AT 1001 NORTHWEST 7TH
STREET, MIAMI, FLORIDA, BY THE DEPARTMENT OF
FIRE -RESCUE DURING THE GRAND PRIX OF AMERICAS
RACE HELD OCTOBER 4-6, 2002 IN DOWNTOWN
MIAMI, FLORIDA.
WHEREAS, in October 2002, the City of Miami co-sponsored the
Grand Prix of Americas held in Downtown Miami; and
WHEREAS, pursuant to Resolution No. 02-420, adopted
April 18, 2002, the City Manager entered into a Memorandum of
Understanding, with Raceworks, LLC, for the issuance of a permit
for motor sports races held October 4-6, 2002; and
WHEREAS, in response, the Department of Fire -Rescue
("Fire -Rescue") assigned one hundred emergency response personnel
to work the Grand Prix and consequently, required adequate
parking for storage and assigned personnel; and
7 "�' 7Ap 7 neap
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CITY COMMISSION
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Resolution No.
03- 969_.
WHEREAS, to prevent potential losses and damage to fire
equipment and vehicles, the City Manager declared that an
emergency situation existed and entered into an Indemnification
and Hold Harmless Agreement ("Agreement") with 1001 Northwest 7th
Street, Properties, Inc., for use of the parking lot located at
1001 Northwest 7th Street, Miami, Florida; and
WHEREAS, it is now appropriate to ratify, approve and
confirm the City Manager's action in executing the Agreement with
1001 Northwest 7th Street, Properties, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote,
the City Manager's finding of an emergency, and executing an
Indemnification and Hold Harmless Agreement, in substantially the
attached form, with 1001 Northwest 7th Street Properties, Inc.,
for use of the parking lot located at 1001 Northwest 7th Street,
Miami, Florida, by the Department of Fire -Rescue during the Grand
Prix of Americans race held October 4-6, 2002, in Downtown Miami,
Florida, is ratified, approved and confirmed.
Page 2 of 3 93— 3— 969
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 11th day of September , 2003.
w
EL A. DIAZ, MAYO
ATTEST:
a. '.., d, - " /j � r
PRISCILLA A. TH PSOstnto��
CITY CLERK
APPROVED A�.FORMJAWD CORRECTNESS :t/
PCJANDRO VILARELLO
TY ATTORNEY
W7453:tr:AS:BSS
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3
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CITY OF MIAMI, FLORIDA 32
INTER -OFFICE MEMORANDUM
TO: Honorable May d
jbers of e City Commi io
FROM:
J Ola
C i Administrator/City Manager
RECOMMENDATION
DATE: SEP _ 2 2003 FILE: FM-087.doc
SUBJECT: Ratify, Approve, and Confirm
Indemnification and Hold
Harmless Agreement with
REFERENCES: 1001 N.W. 7th Street Properties, Inc.
ENCLOSURES:
Resolution
It is respectfully recommended that the City Commission adopt the attached Resolution ratifying,
approving, and confirming the City Manager's finding of an emergency and approving the
execution of a "standard" Indemnification and Hold Harmless Agreement with 1001 N.W. 7th
Street Properties, Inc., for the Department of Fire -Rescues' use of the parking lot located at 1001
N.W. 7th Street during the Grand Prix of Americas race held October 4-6, 2002.
BACKGROUND
In October 2002, the City of Miami co-sponsored the Grand Prix of Americas held in Downtown
Miami. Pursuant to Resolution No. 02-420, adopted April 18, 2002, the City Manager entered
into a Memorandum of Understanding, with Raceworks, LLC, for the issuance of a permit for
motor sports races held October 4-6, 2002.
In response, the Department of Fire -Rescue assigned one hundred (100) emergency response
personnel to work this special event. The Department of Fire -Rescue required adequate parking
for the staging and storage of personnel assigned to work this aforementioned event. To prevent
losses and damages of fire personnel equipment and vehicles, the Department of Fire -Rescue had
an immediate need to enter into an Indemnification and Hold Harmless Agreement with 1001
N.W. 7 Street, Properties, Inc., for the use of the parking lot located at 1001 N.W. 7 Street.
Therefore, the City Manager declared an emergency situation existed and executed an emergency
agreement with 1001 N.W. 7 Street, Properties, Inc.
Fiscal Impact: None.
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93- 969
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93- 969
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AUG -04-2003 15:54 CITY CLERKS OFFICE 305 858 1610 P.02i08
J-02-415
4/17/02
RESOLUTION NO. 02- 420
A RESOLUTION OF THE MIAMI CITY. COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH RACEWORKS, LLC, FOR THE ISSUANCE
OF A PERMIT FOR MOTOR SPORTS RACES TO BE HELD
IN DOWNTOWN MIAMI IN OCTOBER 2002.
WHEREAS, RACEWORKS, LLC has requested a permit, authorized
under Section 549.08, Florida Statutes ("Motor Sports Act)," to
conduct a racing event in Downtown Miami; and
WHEREAS, the City wishes to issue such permit, contingent
upon RACEWORKS' compliance with all requirements of the Motor
Sports Act and the execution of a Memorandum of Understanding
with the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
A 71 A 1 its
*WMA
APR 1 8 2002
. S�als�ion lfv.
y
,J3- 969
AUG -04-2003 15:54 CITY CLERKS OFFICE 325 P5P_
Section 2. The City Manager is authorizedl� to execute a
Memorandum of Understanding, in substantially the attached form,
with RACEWORKS, LLC, for the issuance of a permit for motor
sports races to be held in Downtown Miami in October 2002.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayo. -.-V
PASSED AND ADOPTED this 18th day of April 2002.
EL A. DIAZ, MAYOR
ATTEST:
a *040-��
PRISCILLA A. THOMPSON, LITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDR ILARELLO
CITY ATTORNEY
W6303:BSS
The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 2
�3_ 969
AUG -04-2003 15:54 CITY CLERKS OFFICE 305 858 1610 P.04i08
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Memorandum") is entered into as of April
, 2002 by and between the City of Miami, a municipal corporation of the
State of Florida ("City"), and Raceworks, LLC, a limited liability corporation organized
and existing under the laws of the State of Delaware and Iicensed as a foreign corporation
in the State of Florida ("Raceworks"). For the purposes of this Memorandum, the City
and Raceworks are collectively referred to as "Parties".
The Parties Agree as Follows:
A. As of the date hereof, Raceworks has submitted documents to the City requesting
a permit ("Permit") authorized under Section 549.08, Florida Statutes ("Motor Sports
Act)". Parties understand and agree that the Motor Sports Act permits a municipality to
issue a permit to a person to conduct a racing event on a highway or street or in a park
within the limits of the municipality. Raceworks understands and agrees that issuance of
a Permit by the City will be contingent on Raceworks' compliance with requirements of
the Motor Sports Act.
B. No later than 3 business days after the execution hereof, upon the City's
determination, in its reasonable discretion, that Raceworks is in compliance with the
Motor Sports Act, City will issue a Permit to Raceworks for motor sports races to be held
in October 2002 ("Event Weekend").
C. The Parties acknowledge. that as a condition of the Motor Sports Act and prior to
the issuance of the Permit, Raceworks shall provide the City with evidence of adequate
insurance to pay any damages incurred because of loss of or injury to any person or
property. Raceworks agrees to provide such evidence of insurance no later than 30 days
prior to the Event Weekend.
D. It is expressly understood by the Parties that the City has the right to revoke the
Permit in the event that:
1) Raceworks is in default in connection with any agreement between
Raceworks and the City at the time of such revocation;
2) the City is estopped from granting the Permit or the Permit is invalidated
or the City is estopped from having a racing event, as defined in Motor Sports Act, by a
Court of competent jurisdiction;
3) the City, in its sole discretion, determines that Raceworks has failed to
comply, or is no longer in compliance, with any provision of the Motor Sports Act or the
Permit: .
E. In exchange for the City issuing the Permit, Raceworks will provide:
93- 969
AUG -04-2003 15=54 CITY CLERKS OFFICE 305 858 1610 R.05i08
1. An instrument ("Instrument"), which may be an irrevocable letter of
credit, bond, or other security instrument acceptable to and approved in writing by the
City Manager, to secure the costs of restoring all highways or streets, alleys, sidewalks,
buildings and parks, as contemplated by the Motor Sports Act. Raceworks agrees to
provide such Instrument no later than 30 days before the Event Weekend.
2. Prepayment of the services rendered by the City's Police, Fire, and Solid
Waste Departments during the acti,6ties contemplated in the Permit. Raceworks agrees
to prepay the costs of such services 52 days in advance of the Event Weekend
contemplated in the Permit and the Motor Sports Act,
3. Raceworks hereby agrees the improvements made to create the racecourse
contemplated by the Permit shall become the property of the City upon inspection and
approval of the improvements by the City.
E Raceworks shall indemnify, hold and save harmless, and defend the City, the U.S.
Department of Array, Army Corps of Engineers ("Corps")(if Corps property is utilized),
and the Bayfront Park Management Trust ("Trust")(if Bayfront Park is utilized), their
directors, officers, employees and volunteers from and against any and all claims,
demands, liens, judgments, liability, losses or damages, including but not limited to cost,
expenses and attorney's fees caused by the actual or claimed negligence (active or
passive) or omission of Raceworks, its agents, employees, contractors, or
concessionaires, or either of them, either as a sole or contributory cause, for loss of, use
of, injury to or destruction of any property and/or bodily or personal or other injuries,
including death, at any time resulting therefrom, sustained by any person or persons,
including officers and employees of the City, the Corps or the Trust, or in any manner
attributable to any and all actions, representations, or performance of the provisions of
this Memorandum or the Permit or in connection with having race or racing events.
Raceworks shall further indemnify, hold and save harmless, and defend the City,
the Corps (if Corps property is utilized), and the Trust (if Bayfront Park is utilized), their
directors, officers and employees, from and against any and all claims, liens, liability,
losses or damages, including but not limited to cost, expenses and attorneys' fees arising
out of the City's statutory obligations pertaining to defective conditions in the Race
Course and appurtenances thereto, including obligations under the Florida Statutes
relating to dangerous condition of public property. Notwithstanding the foregoing, it is
specifically understood and agreed that Raceworks shall not indemnify nor agree to hold
free and harmless and defend the City or the Trust (if Bayfront Park is utilized), its
officers and employees, or any of them of and from and against any and all claims,
demands, liens, judgments, or otherwise, for death of or injury to any person or damage
to any property whatsoever that may happen or occur as the sole result of any act or
activity of the City or the Trust or any person acting for the City or the Trust or under
their separate control or direction in failing to perform any act or duty imposed upon the
City by the terms of this Memorandum, or as the sole result of any act or non -action by
the City permitted or required pursuant to the terms of this Memorandum.
93- 969
AUG, -04-2003 15:54 CITY CLERKS OFFICE 305 858 1610 P.06i08
/_N\
In the event that the City or Trust is a defendant in or party to litigation as a result
of this Memorandum or any prior agreement between the City and Raceworks.
Raceworks shall indemnify the City and the Trust, their directors, officers, employees
and volunteers from and against any and all monetary judgments (including related
attorney's fees and costs awards). The City Attorney's Office shall vigorously defend, at
its own expense, any Iitigation as a result of this Memorandum or any prior agreement
between the City and Raceworks, and the City shall bear its costs of such litigation.
Raceworks also agrees not to sue the City, the Corps, or the Trust, their directors,
officers, employees and volunteers in the event that a third party sues the City, the Corps.
the Trust, their directors, officers, employees and volunteers, for injunctive relief
preventing performance of this Memorandum and such injunctive relief is granted.
F. Raceworks shall indemnify and save and hold harmless the City and Bayfront
Park Management Trust, its officials, officers, employees and the agencies and
instrumentalities of the City from and against any and all claims, penalties, fines,
forfeitures, judgments and other liabilities, including reasonable attorneys' fees and
related litigation costs, fees and expenses and amounts paid in settlement, incurred by
Raceworks, or its affiliates, that arise from the revocation of the Permit for the
aforementioned reasons.
In consideration of the above -referenced recitals, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the Parties
hereto agree to be bound by the terms of this Memorandum.
(OVER)
— 969
AIJG-04-2003 15:54 CITY CLERKS OFFICE 305 858 1610 n.0^ipP
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum
as of the day and year first above written.
ATTEST:
BY:
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS
ALEJANDRO VILARELLO
CITY ATTORNEY
RACEWORKS, LLC,
a Delaware Corooratic
PETER a. YANOWIT
CITY OF MIAMI,
a Municipal Corporation of the State
of Florida
CARLOS A. GIMENEZ
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS
SUE WELLER
ACTING RISK MANAGEMENT
ADMINISTRATOR
,3- 969
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PERMIT NO.:
AVING IKET_THE REQUIREMENTS OF THE STATE OF FLORIDA UNDER SECTION 549.08 FLORIDA. STATUTES
(2001), THE
CITY OF -MIAMI ("CITY") HEREBY ISSUES THIS STREET RACING PERMIT TO
("PERMITEE") FOR THE (NAME OF THE
EVENT) ("RACE EVENTS)") TO BE HELD ON THE STREETS AND PARKS OF THE CITY AS
MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
BEGINNING AND ENDING
�,_°;THIS PERM)T, MAY BE REVOKED BY THE CITY AT ANYTIME PRIOR TO THE -RACE EVENT IF PERMITEE FAILS TO
ac_ri
COMPIY*1=i THE REQUIRE1v1EWS OF THE MEMORANDUM OF UNDERSTANDING, EXECUTED BY PERMIT
EE
AIyDTHE CITY ON--�"`'�-` : - _ - -
,_ � _ , 20AND-`A1T' D. HERETO AND MADE PART HEREOF
Carlos A. Gimenez, City hllaricroer £:
John Jackson, P.E., Director
Department of Public Works