HomeMy WebLinkAboutExhibit 1MIAMI-DADE COUNTY
USE OF COUNTY PROPERTY AND EQUIPMENT IN THE PERFORMANCE OF OFF -DUTY
POLICE AND FIRE SERVICES AT MARLINS BALLPARK
INDEMNIFICATION AND HOLD HARMLESS
Johnny Martinez
City of Miami Manager
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
City of Miami Attorney
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
Section 4.16 of the Operating Agreement (the "Agreement") by and among Miami -Dade County (the
"County"), the City of Miami (the "City") and the Stadium Operator, LLC (the "Operator") details the
role of public safety personnel related to events held at the ballpark. The Agreement includes a
general framework of how the services will be provided with more detailed planning having taken
place and agreed to by the parties to insure the appropriate level of coverage for all events held at
Marlins Ballpark.
The City will. be using County owned equipment and as such we need certain assurances not
governed by the Agreement. Such assurances are outlined below.
The City shall use reasonable care and judgment when utilizing equipment owned by the County at
Marlins Ballpark. Furthermore, individuals using this equipment must adhere to the manufacturers
guidelines and recommendations for use at all times.
The City shall indemnify and hold harmless the County and its officers, employees, and
instrumentalities, from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may incur arising out
of, .relating to or resulting from the performance of off -duty police and fire services, as set forth in the
bgreement, by the City or its employees. The City shall pay all claims and losses as a result of its
negligence, 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,
judgements, and attorney's fees which may issue thereon. Provided, however, this indemnification
shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the
provisions of the Statute whereby the City shall not be held liable to pay a personal injury or property
damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or
judgement or portions thereof, which when totaled with all other claims or judgments paid by the City
arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal
injury or property damage claims, liabilities, losses or causes of action arising from the same claim
Which may arise as a result of the negligence of the City. The City expressly understands and agrees
that any insurance protection required by the Operating Agreement or otherwise provided by the City
shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County
gs herein provided.
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MIAMI-DADE COUNTY
USE OF COUNTY PROPERTY AND EQUIPMENT IN THE PERFORMANCE OF OFF -DUTY
POLICE AND FIRE SERVICES AT MARLINS BALLPARK
INDEMNIFICATION AND HOLD HARMLESS
The signatories below attest that he/she have the full legal equitable authority to execute this
;document on behalf of the City and to bind the City hereto.
City of Miami, a municipal corporation of the State of Florida
may:
Name: Johnny Martinez, City Manager
Date:
By:
Name: Julie O. Bru, City Attorney
Date:
Sworn to and subscribed before me this
Day of , 2012
By
Personally known or Produced Identification,
Type of Identification produced
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