HomeMy WebLinkAboutR-03-1027J-03-784
09/17/03 ry
RESOLUTION NO. 03-1027
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), ACCEPTING THE DONATION
OF IN-KIND SERVICES VALUED AT APPROXIMATELY
$50,000 FROM THE TURKEL RESOURCE FOUNDATION
("FOUNDATION"), CONSISTING OF IMPROVEMENTS
TO CITY -OWNED PROPERTY LOCATED AT 100
NORTHWEST 17TH STREET, MIAMI, FLORIDA,
COMMONLY KNOWN AS THE "DORSEY LIBRARY;"
AUTHORIZING THE CITY MANAGER TO EXECUTE A
REQUIRED INDEMNIFICATION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND SUBJECT
TO THE FOUNDATION PROVIDING INSURANCE DEEMED
APPROPRIATE BY THE DEPARTMENT OF RISK
MANAGEMENT.
WHEREAS, the City of Miami ("City") is the owner of real
property located at 100 Northwest 17th Street, Miami, Florida,
commonly known as the Dorsey Library ("Library"); and
WHEREAS, the Turkel Resource Foundation ("Foundation") has
received a grant of $50,000 funds from the Task Force on Urban
Economic Revitalization to improve the Library; and
WHEREAS, the improvements are to: (1) clean the interior
and exterior of the property, (2) replace existing roof with
white concrete tiles, (3) replace ceiling joists where needed,
(4) resheath the roof, (5) replace interior floor joists where
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CITY COMMISSION
MEETING OF
S E P 2 5 2003
Resolution No.
«J3-1027
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needed, (7) install a subfloor, (8) remove concrete blocks, (9)
install new windows, and (10) fence the property (collectively
"Improvements"); and
WHEREAS, the Foundation wishes to contract for the
appropriate professional services and oversee the work of the
Improvements, at no cost to the City; and
WHEREAS, the Foundation wishes to donate the Improvements
to the City; and
WHEREAS, the City Commission finds it in the best interest
of the City to accept donation of such Improvements;
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.
Page 2 of 4 27
Section 2. The donation of in-kind services valued at
approximately $50,000 from the Foundation consisting of
Improvements to the City -owned property located at 100 Northwest
17th Street, Miami, Florida, commonly known as the "Dorsey
Library," is accepted.
Section 3. The City Manager is authorized:l to execute
the required Indemnification Agreement, in substantially the
attached form.
Section 4. The Foundation shall provide insurance
deemed appropriate by the Department of Risk Management.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.al
1/ 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.
2/ 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 4
�j3-102
PASSED AND ADOPTED this 25th
ATTEST:
6?' klae4
P ISCILLA A. THOMPSON
CITY CLERK
CORRECTNESS:
day of September , 2003.
Page 4 of 4
'q3-102'7
INDEMNIFICATION
WHEREAS, the City is the owner of that real property located at 100 Northwest 17 Street,
Miami, Florida, commonly known as the "Dorsey Library"; and
WHEREAS, the Turkel Resource Foundation has received $50,000 in grant funds from the
Task Force on Urban Economic Revitalization for the purpose of making improvements to the
Dorsey Library; and
WHEREAS, said improvements are to consist of cleaning both the interior and exterior of
the property, replacing the existing roofing, replacing ceiling joists where needed and resheath the
roof, reroofing the building with white concrete tiles, replacing interior floor joists where needed
and installing a subfloor, removing concrete blocks and installing new windows and fencing the
property (collectively the "Improvements"); and
WHEREAS, the Turkel Resource Foundation wishes to contract for the appropriate
professional services and oversee the work of the Improvements; and
WHEREAS, the Turkel Resource Foundation would like to donate the Improvements to
the City; and
WHEREAS, on , the City Commission adopted Resolution 03 -
accepting the donation of the Improvements, subject to the execution of this
Indemnification Agreement;
NOW THEREFORE, for and in consideration of one ($1.00) dollar and other valuable
consideration contained herein, the receipt and sufficiency of which are hereby acknowledged,
the City and the Indemnitor agree as follows:
1. INCORPORATION OF RECITALS:
The recitals and findings set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Agreement.
2. DONATION OF INKIND SERVICES:
The Turkel Resource Foundation hereby donates the Improvements to the City.
Indemnitor shall directly contract for all services required to perform the Improvements, at no
cost to the City.
3. RIGHT OF ENTRY AND AUTHORIZATION TO PROCEED:
The City grants to the Indemnitor the right to enter upon the Property during the Term, as
hereinafter defined, for purposes of making the Improvements.
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93-102'7
4. TERM:
The term of this Agreement shall commence upon receipt by the City of the insurance
required under Paragraph 5 below (the "Effective Date"), and unless extended by the mutual
written agreement of the City Manager and Indemnitor, shall terminate six (6) months thereafter.
5. INDEMNITY, INSURANCE AND RELEASES:
A. Indemnitor shall indemnify, defend and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any
person or damage to or destruction or loss of any property arising out of, resulting from, or in
connection with (i) the performance or non-performance of the services required to make the
Improvements, which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Indemnitor, regardless of
whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or
contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of Indemnitor to provide the Improvements or the
failure of Indemnitor to conform to statutes, ordinances, or other regulations or requirements of
any governmental authority, federal or state, in connection with the performance of the
Agreement. Indemnitor expressly agrees to indemnify and hold harmless the Indemnitees, or any
of them, from and against all liabilities which may be asserted by an employee or former
employee of Indemnitor, or any of its subcontractors, as provided above, for which Indemnitor's
liability to such employee or former employee would otherwise be limited to payments under
state Workers' Compensation or similar laws.
The indemnity provision set forth in this Paragraph 5(A) shall commence on the Effective
Date, shall survive termination of this Agreement and shall continue in full force and effect until
the earlier of (a) one year from the Effective Date; or (b) such time as both the City Manager and
Indemnitor shall in writing agree to terminate this indemnity provision.
B. Prior to Indemnitor, its agents, employees, and contractors, or anyone directly or
indirectly employed by any of them entering upon the Property for purposes of making the
Improvements, the Indemnitor shall furnish to the City Manager the policy or policies of
insurance or certificates of insurance naming the City as an additional insured in form and in
such reasonable amounts as approved by the City of Miami's Risk Manager protecting the City,
against all claims for personal injury, property damage, and regulatory actions by governmental
agencies arising out of or related to the activities undertaken by Indemnitor upon the Property.
The insurance required hereunder shall be effective for the Term.
C. Indemnitor hereby waives any and all claims against the City for personal injury
or property damage, sustained by the Indemnitor, its agents, employees, consultants and
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w�Q-102'7
contractors upon the Property, or in connection with the performance of the Improvements and
releases the City from any claims in connection therewith, other than those claims arising from or
relating to the willful misconduct or negligence of the City, its employees, agents or contractors.
Similarly, Indemnitor hereby waives any and all indemnity claims against the City for third party
regulatory actions by governmental agencies against the Indemnitor in connection with the
performance of the Improvements other than those claims arising from or relating to the willful
misconduct or negligence of the City, its employees, agents or contractors. The provisions of this
Paragraph 5(C) shall be effective until the expiration of the Term.
6. Mechanics Liens.
Indemnitor, at its expense and with due diligence and dispatch, shall secure the
cancellation or discharge of or bond off same in the manner permitted by law, all notices of
violations arising from or otherwise in connection with the Improvements which shall be issued
by any public authority having or asserting jurisdiction. Indemnitor shall promptly pay its
contractors and materialsmen for all work and labor done at Indemnitor's request. Should any
such lien be asserted or filed, regardless of the validity of said liens or claims, Indemnitor shall
bond against or discharge the same within fifteen (15) calendar days of Indemnitor's receipt of
notice of the filing of said encumbrance. In the event Indemnitor fails to remove or bond against
said lien by paying the full amount claimed, Indemnitor shall pay the City upon demand any
amount paid out by City, including City's costs, expenses and reasonable attorneys' fees.
Indemnitor further agrees to hold City harmless from, and to indemnify the City against, any and
all claims, demands and expenses, including reasonable attorney's fees, by reason of any claims
of any contractor, subcontractor, materialman, laborer or any other third person with whom
Indemnitor has contracted or otherwise is found liable for, in respect to the Area. Nothing
contained in this Agreement shall be deemed, construed or interpreted to imply any consent or
agreement on the part of City to subject the City's interest or estate to any liability under any
mechanic's or other lien asserted by any contractor, subcontractor, materialsman or supplier
thereof against any part of the Property or any of the improvements thereon and each such
contract shall provide that the contractor must insert a statement in any subcontract or purchase
order that the contractor's contract so provides for waiver of lien and that the subcontractor,
materialman and supplier agree to be bound by such provision.
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Dated and executed by the Indemnitor as of , 2003.
TURKEL RESOURCE FOUNDATION
LIM
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
Leonard Turkel, President
The foregoing instrument was acknowledged before me this
, 2003, by
personally known to me or who has produced
identification and who did (did not ) take an oath.
ATTEST:
By:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM
AND CORRECTNESS
By:
Alejandro Vilarello
City Attorney
THE CITY OF MIAMI,
a municipal corporation
of the State of Florida
By:
Joe Arriola
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
Diane Ericson, Director
Risk Management Department
Z:\Riverside\ECONOMIC DEVELOPMENT\_SHARED\ASSET MGNT
Library\Turkel Access & Indemn.doc
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SECTION\Property\Dorsey
°J3-102'7
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorabl ayor,.,& Member. DATE:
o e City C mmission
t'
SUBJECT:
U� K,
FROM: Joe I rrlola REFERENCES
h' f Administrator ENCLOSURES:
RECOMMENDATION:
CA -4
SEP 16 M FILE :
Acceptance of Inkind Donation
From Turkel Resource Foundation
Commission Agenda
September 25, 2003
It is respectfully recommended the City Commission adopt the attached Resolution accepting the
donation of inkind services from the Turkel Resource Foundation, consisting of improvements to
the City -owned property located at 100 Northwest 17 Street, Miami, Florida, commonly known
as the "Dorsey Library"; said acceptance is subject to the Turkel Resource Foundation executing
an indemnification agreement, in substantially the form attached, and providing insurance in the
amounts and types required by the City's Department of Risk Management.
BACKGROUND:
The City of Miami is the owner of that real property located at 100 Northwest 17 Street, Miami.
Florida, commonly known as the "Dorsey Library". The Turkel Resource Foundation applied for
and received $50,000 in grant funds from the Task Force on Urban Economic Revitalization IO; -
the purpose of making improvements to the Dorsey Library. The improvements consist of the
following (collectively the "Improvements"):
• cleaning both the interior and exterior of the property
• replacing the existing roofing
• replacing ceiling joists where needed and resheathing the roof
• reroofing the building with white concrete tiles
• replacing interior floor joists where needed and installing a subfloor
• removing concrete blocks and installing new windows
• fencing the property
The Turkel Resource Foundation wishes to utilize the grant money to contract directly for the
appropriate professional services and oversee the work of the Improvements, at no cost to the
City. The Turkel Resource Foundation would then donate the completed Improvements to the
City.
JAIL H: AC4:m CC Turkel donation
93-1027