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HomeMy WebLinkAbout24118AGREEMENT INFORMATION AGREEMENT NUMBER 24118 NAME/TYPE OF AGREEMENT MINISTRY OF HOME AFFAIRS, TRANSPORTATION, BROADCASTING, ENERGY & UTILITIES & TELECOMMUNICATIONS COMMISSION DESCRIPTION DONATION & RELEASE AGREEMENT/PIERCE DASH FIRE ENGINE/FILE ID: 11832/R-22-0184/MATTER ID: 22-915K/#13 EFFECTIVE DATE September 8, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/14/2022 DATE RECEIVED FROM ISSUING DEPT. 10/24/2022 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "The Island of Grand Turk" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? El YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? D YES X NO TYPE OF AGREEMENT: El MANAGEMENT AGREEMENT El PROFESSIONAL SERVICES AGREEMENT El GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT El LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT El MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT El LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY: Release agreement for donated vehicle. PURPOSE OF ITEM (BRIEF SUMMARY): Donation of a Pierce Dash Fire Engine to The Island of Grand Turk. COMMISSION APPROVAL DATE: 5/31/2022 FILE ID: 11832 ENACTMENT NO.: R-22-0184 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 9/9/22 PRINT: Ty McGann, SIGNATURE: AFC _lit SUBMITTED TO RISK MANAGEMENT PRINT: ANl O AWE : Eed by .•,Gomez, Frank Date: 2022.09.09 SIGNATURIEra n k 14:46:40 -04'00' SUBMITTED TO CITY ATTORNEY 10/6/22 10/4/2022 PRINT: 1CT RIA ME DEL ' SIGN. cr.,(.../`i 5K APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ART NO SIGNATURE GA 1) ONE ORIGINAL TO CITY CLERK, 2) ONECOPY TO CITYATTORNEY'SOFFICE) 3) REMAINING ORIGINALS) TO ORIGINATING DEPARTMENT DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami, FL DONATION AND RELEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND MINISTRY OF HOME AFFAIRS, TRANSPORTATION, BROADCASTING, ENERGY AND UTILITIES AND TELECOMMUNICATIONS COMMISSION THIS DONATION AND RELEASE AGREEMENT (the "Agreement") is made and entered into as of this nth day of gQ.D�Et�1� PA- , 20 !. , by and between the CITY OF MIAMI, a municipal corporation of the' State of Florida (hereinafter referred to as "CITY"), whose principal address is 444 SW 2nd Avenue, Miami, FL 33130, and Ministry of Home Affairs, Transportation, . Broadcasting, Energy and Utilities and Telecommunications Commission, a foreign ministry of the Turks and Caicos Islands Government (hereinafter referred to as "RECIPIENT"), whose principal address is Hon. N.J.S. Francis Building, Pond Street, Grand Turk, Turks and Caicos Islands. The CITY and RECIPIENT may be individually referred to as a "Party" or collectively as the "Parties." RECITALS: WHEREAS, the CITY, pursuant to City of Miami Commission Resolution No. R- 22-0184, adopted on May 31, 2022, attached here to as Exhibit "A", has declared certain City -owned assets, as more specifically described in Exhibit "B," attached and incorporated, as Category "A" surplus ("Equipment"); and WHEREAS, pursuant to Section 18-82(a) of the City of Miami Code of Ordinances ("City Code"), a surplus declared as Category "A" stock shall be available for disposition as the City's contribution or the City's commitment in support of a particular public purpose, which may include community, civic, or social service programs as may be authorized by the City Commission; and WHEREAS, RECIPIENT is a government, community, civic, or social service organization that provides programs benefitting the public; and WHEREAS, the CITY wishes to provide the Equipment to RECIPIENT for the purpose of supporting its public programs and RECIPIENT desires to accept the Equipment for said purpose subject to the terms and conditions contain herein; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, RECIPIENT and. the CITY agree as follows: (1) Incorporation of Recitals. The recitals set forth in the preamble to this Agreement are incorporated by reference as though set forth in full herein and made a part hereof. (2) Attachments. The following documents are attached to this Agreement and incorporated by reference as though set forth in full herein: Exhibit A — City Resolution No. R-22-0184 Page 1 of 13 City of Miami, FL (3) Exhibit B — Description of Equipment Exhibit C — RECIPIENT Governing Body Resolution Equipment; Condition of Equipment. Upon execution of this Agreement, CITY will provide transfer title to the Equipment to RECIPIENT without cost to the RECIPIENT as consideration for the execution of this Agreement. RECIPIENT acknowledges and agrees that it is taking the Equipment on an "as is" basis, without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or otherwise regarding the condition of the Equipment, and accordingly, CITY shall have no liability whatsoever, including, but not limited to direct, indirect, incidental, consequential, special or exemplary damages to RECIPIENT or any other party with respect to the Equipment. (4) Release, Indemnity, Hold Harmless, Duty to Defend, and Covenant not to Sue. For and in consideration of this Agreement, RECIPIENT and its successors and assigns hereby fully and finally release, acquit, and forever discharge the CITY and its officials, agencies and instrumentalities, directors and employees, and agents (collectively referred to as "Indemnitees") from any and all actions,causes, losses, costs, penalties, fines, damages, claims, expenses, including, without limitation, attorney's fees, available at law or equity, whether known or unknown (collectively referred to as "Liabilities"), which the RECIPIENT has or may have in connection with the Equipment. RECIPIENT further agrees to indemnify, defend, save, and hold harmless, at its own cost and expense, and further covenants not to sue, the lndemnitees, through administrative, trial, appellate, mediation, arbitration and any and all other proceedings, from and against .all 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, resultirig from, or in connection with the Equipment that is the subject of this Agreement 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 RECIPIENT or its employees, agents or subcontractors (collectively referred to as "RECIPIENT"), 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. RECIPIENT further expressly agrees to indemnify, save, hold harmless, and defend at its own cost and expense, the. Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT'S liability to such employee or former employee would otherwise be limited to payments under state Workers' Page 2 of 13 3� City of Miami, FL (5) or Unemployment Compensation, Family Medical Leave Act, or similar laws. RECIPIENT acknowledges that the granting of .this Agreement is separate, distinct, and sufficient consideration for this Release, Indemnity, Hold Harmless, Duty to Defend, and Covenant not to Sue. This Section shall survive the cancellation or expiration of this Agreement. Public Records A. RECIPIENT understands thatthe public shall have access, at all reasonable times, to all documents and information pertaining to CITY Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CITY and the public to all documents subject to disclosure under applicable laws. RECIPIENT'S failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CITY. B. RECIPIENT shall additionally comply with Section 11.9.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the CITY to perform this Donation; (2) provide the public with access to public records on the same terms and conditions as the CITY would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records thatare exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the CITY in a format compatible with the CITY's information technology systems. RECIPIENT shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should RECIPIENT determine to dispute any public access provision required by Florida Statutes, then RECIPIENT shall do so at its .own expense and at no cost to the CITY. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO RECIPIENT'S DUTY TO PROVIDE PUBLIC. RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT Page 3of13 City of Miami, FL PUBLICRECORDS@MIAMIOOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, CIO PUBLIC RECORDS COORDINATOR, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. (6) Miscellaneous. A. Term. Unless earlier cancelled by the CITY, the term of this Agreement shall commence on the date it is fully executed by the Parties and shall terminate upon the date the RECIPIENT disposes of the Equipment. B. Enforcement. The provisions of this Agreement may be enforced by all appropriate actions in law and in equity by any party to this Agreement. In order to expedite the conclusion of the actions brought pursuant to this Agreement, the parties, their successors and assigns will not demand jury trial nor file permissive counterclaims outside the bounds of this Agreement in such actions. C. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. D. CITY Officials. The "CITY" is a municipal corporation, and the City Manager as its Chief Administrative Officer, is empowered to make all decisions with regard to this Agreement on behalf of the CITY, unless otherwise provided by this Agreement, by law, or by resolution of the City Commission. E. Use of CITY Seal. RECIPIENT is not authorized to use the CITY's seal, or any CITY municipal signage, display, emblem, or similar depiction (collectively "CITY markings") indicating in any manner that RECIPIENT is affiliated with, endorsed by, or related to the CITY in any way, for any reason whatsoever. Use of the CITY seal by RECIPIENT shall be governed by Section 1-16 of the Code of the City of Miami, Florida, as amended ("City Code"), and shall require City Commission approval. RECIPIENT must remove any CITY markings from the Equipment prior to use. Page 4 of 13 aft City of Miami, FL F. Successors and Assigns. This Agreement may not be assigned, sold, pledged, hypothecated or encumbered, in whole or in part. G. Construction. The section headings_ contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of theparties to this Agreement have participated fully in the negotiation of this Agreement, and accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held toinclude_ every other and all genders. H. Notices. Any and all notices required or desired to be given hereunder shall be in writingand shall be deemed to have been duly given When delivered by hand (including recognized overnight courier services, such as Federal Express) or three (3) business days after deposit in the United States mail, by registered or certified mail, return receipt requested, postage prepaid, and addressed to the recipient at the address for such party set forth in the introductory paragraph to this Agreement (or to such other address as any party hereunder shall hereafter specify to the other in writing). TO RECIPIENT: James A. Astwood Permanent Secretary Hon. N.J.S. Francis Building Pond Street, Grand Turk, Turks and Caicos islands TO THE CITY: Arthur Noriega V City Manager 444 S.W. 2nd Avenue, 10th Floor Miami, FL 33130 Victoria Mendez City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130 Annie Perez, CPPO Procurement Director 444 S.W. 2nd Avenue, 6th Floor Miami, FL 33130-.1910 I. Severabilitv. in the event any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given .its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed in full force and effect. Page 5of13 City of Miami, FL J. Amendments: Termination. This Agreement may not be amended, modified or terminated by RECIPIENT. The CITY may terminate or cancel this Agreement as the CITY deems in its sole and best interest. Further, no modification or amendment, with the exception of termination or cancellation by the CITY, shall be effective unless in writing and executed by the parties, employing the same formalities as used in the execution of this Agreement. K. Compliance With Federal, State And Local Laws: RECIPIENT understands that agreements with local governments are subject to certain laws, rules, regulations, codes s and ordinances including, but not limited to, laws pertaining to public records, conflicts of interest, record keeping, etc. CITY and RECIPIENT agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. RECIPIENT further agrees to include in all of its agreements with Subcontractors for any services related to this Agreement this provision requiring Subcontractors to comply with and observe all applicable federal, state, and local laws, rules, regulations,codes and ordinances, as they may be amended from time to time. L. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect. to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect_ thereto. M. Governing Law: Venue; Attorney's Fees. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. Venue for all actions under this Agreement shall be in the state and federal courts located in Miami -Dade County, Florida. In any actions, claims, or proceedings between the parties each party shall bear their own attorney's fees and costs. N. Donations to Foreign States. If RECIPIENT is a foreign state, as that term is defined in 28 U.S.C. § 1603, as amended, then RECIPIENT further agrees that by execution of this Agreement, it irrevocably waives its sovereign immunity from the jurisdiction of courts of the United States with respect to any and all claims that may arise in connection with this Agreement consistent with 28 U.S.C. § 1605(a)(1). O. No Joint Venture or Third -Party Beneficiaries. RECIPIENT is an independent entity and is not an agent, joint venture, partner or affiliate of the CITY, nor can the CITY be bound to honor any obligation or duty of RECIPIENT, except as expressly provided. herein. Additionally, the CITY is not a guarantor of RECIPIENT and RECIPIENT is independent, separate, and unrelated to the CITY. Page 6 of 13 City of Miami, FL RECIPIENT is solely responsible for the performance of all its duties, as provided herein this Agreement. Neither the CITY nor RECIPIENT intend to directly or substantially benefit a third -party by this Agreement. Therefore, the parties agree there are no third -party beneficiaries to this Agreement and that no third -party shall be entitled to assert a claim against either of them based upon this Agreement. P. No Discrimination. RECIPIENT represents and warrants thatthere shall be no unlawful discrimination as provided by federal, state or local law, rules, regulations, codes and ordinances, as they may be amended from time to time, in connection with its performance under this Agreement. Q. Authority of RECIPIENT Signatories. The undersigned officers executing this Agreement on behalf of .RECIPIENT have authority pursuant to corporate resolutions on file with the CITY, attached and incorporated herein, and all applicable laws of the State of Florida to act on behalf of and bind RECIPIENT to every condition, covenant and duty set forth herein. [SIGNATURE PAGE FOLLOWS] - Page 7 of 13 City of Miami, FL IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "RECIPIENT" MINISTRY OF HOME AFFAIRS, TRANSPORTATION, BROADCASTING, ENERGY AND UTILITIES AND TELECOMMUNICATIONS COMMISSION a foreign ministry of the Turks and Caicos Islands Government ATTEST: By: Print Name: Sttls%S \ t\ Title: ? hta \tt %het t.kkl- (Corporate Seal) ATTEST: By: Yp�� Print Name f� �O I Title XCf.tt 1\(F t-1btYiIiU4Slf<'1libiL` (Authorized Corporate Officer) "CITY" By: Han Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney TMF MID 22-915K City of Miami, a Florida munici I corporation Arthur Noriega/, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Gomez, Frank Digitally signed by Gomez, Frank Date: 2022.09.09 14:47:17-04'00' Ann -Marie Sharpe Risk Management Director Page 8 of 13 EXHIBIT "A" City of Miami Legislation Resolution Enactment Number: R-22-0184 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11832 Final Action Date:5/31/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18- 82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING ONE (1) PIERCE DASH FIRE ENGINE, MODEL YEAR 1999, UNIT NUMBER P0063, VEHICLE IDENTIFICATION NUMBER 4P1 CTO2SOYA000063, AS CATEGORY "A"' SURPLUS STOCK; DONATING SAID VEHICLE TO THE GOVERNMENT OF GRAND TURK UPON EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. WHEREAS, the City of Miami's ("City") Department of Fire -Rescue has decommissioned one (1) Pierce Dash fire engine, Model Year 1999, Unit #P0063, Vehicle Identification Number 4P1 CTO2SOYA000063 ("Truck"); and WHEREAS, the City's Chief Procurement Officer has declared the Truck as category "A" surplus; and WHEREAS, pursuant to Section 18-82(a) of the Code of the City of Miami, Florida, as amended ("City Code"), a surplus declared as Category "A" stock shall be available for disposition as the City's contribution or the City's commitment in support of a particular public purpose, which may include community, civic, or social service programs as may be authorized by the City Commission; and WHEREAS, the island of Grand Turk is 6.9 square miles and has a population of approximately 5,000 residents; and WHEREAS, the Government of Grand Turk is in the process of establishing a fire department to serve the citizens and visitors of the island; and WHEREAS, the only fire apparatus on the island is assigned to the international airport and must remain at the airport while the airport is operational, rendering the remainder of the island without adequate fire protection; and WHEREAS, due to the significant financial hardship caused by the Novel Coronavirus ("COVID-19") pandemic related travel restrictions, the island is currently unable to fund the purchase of a fire apparatus; and WHEREAS, the donation of said Truck will help to provide much needed fire protection for the island; 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 9 of 13 Sig EXHIBIT "A" Section 2. Pursuant to Section 18-82(a) of the City Code, the Truck is classified as Category "A" surplus stock. Section 3. The City Manager is authorized to donate the Truck to the Island of Grand Turk. Section 4. The City Manager is further authorized' to negotiate and execute any and all agreements necessary, all in forms acceptable to the City Attorney, to effectuate said donation. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor 5/13/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. Page 10 of 13 stt EXHIBIT "B" City or Miami 'DISPOSITION OF INVENTORY REFERENCE: City at blimp) Cade,Chapter 1S. Auricle ill, Section 19.02 tNSTRUCTIONs: '1. The following explanations should be entered in the appropriate sec?ian; Candltion at Property: Excellent, Good, Fair. Poor. Meson for Disposition: e.g., Errm, DupfcoV:, Suiphts, Lost, Stolen. 2. Prepare this term then call PloCtirement at :305.41 (3-1912 1. Ltepattmcttt: '2, DivHeir .Re,:7 1 L_09/s Arc 5• ASSET 6. 3 COMO F NUMBER ARTICLE DESCRIPTION 3 SERIAL NUMBER},ROV.1SIIY :3. Contact Peron: Tetaphone Ida: 3Gsi �t6£ REASON F(M3 DISPOSITION FOR PROCUREMENT DEPARTMENT USE ONLY INSTRUCTIONS: indicaie'ac;ion lake,: e.g., Se.d•i33 smount and data;. Traded, Sa npro7. Transiertee to (Dept.ittivislar). 19 6'q ReAc. c,P4- k z e) LI Pa cT2 a. / r=,��` S0 oo00 10. C,Ior/Designee D :tr,, OR R6CElV1NG DEPARTMENT USE R u1i,trj: Nhhe - F<_+rxrn;d i;!I ctf: Oc,piee i,", r•ro.^.u;,::, r...:! ,.:'a::, :.3;cerv:OtM ar y,+n the, 0IstrIb tiara: lie. �i}•e, x.v rAcwti;;Ei+5n3: C:nriat „ e :clireci €3Y Devienfti'ii1'i0iv .31+,0 , Pirffi U:}{+;uim:;,n, Fiic• Galittri ad. I .1-.__1 ACTION TAKEN. !-l(k`T;.o .( 75 lei.) 3�p Date e'rc•Z. Page 11 of 13 City ofMiami Surplus.Auctio ]anuary29,2022 Lot Sales Report botNum Un0tNo. Description Bidder Bid Price 45 R0017 IOO6International 43UOS8A4X2TYPE IV1KLNo. IHTMNAAM77H47QO17Odometer 12ll75-Runs 408 $12,0OOl0 46 Q1220 lODlPierce Dash 2DOOPumper/GSLadderVAX No. 4P1CTD2S91AQD122DOdometer 93241'Runs 405 $5,000.00 47 Poh43 2O0OPierce Dash 20V0PumperV.LN.No. 4P1 Odomete[0S233-Runs - Pump* Need Impeller Work 406 $2'500.00 48 R002I Z006International 43O81844X2TYPE 1V.|.N.No, 1HTK80AAK497H47OOZ1Odometer 1402Z4'Runs 531 $9,400.00 49 R914G Z003Freightliner FL60TYPE 1V.iN.No. 1FVABPC73gHL79146 Odometer 168333-Runs ' Mercedes Motor 585 $6'400'00 60 R8337 2009International 43O0S8/44XZTYPE 1V].N.No. 1HTk0NAAMU9HU78337Odometer 14049Z-Inside Electrical Fire - Motor OK'Does Not Run 485 s1,U0O.00 51 HK88413 1g9lSimon Duplex Saulsbury HAZMAJVAX No. lD91P11EDK83UO84l3Odometer 47lZS-Runs 'neQuiltA802 Engine 491 $9'000.00 52 [4222 %U81Pierce Dash 2OOUPumper/65LadderV].N.No. 4P1[TOZSOlAQ0I221Odometer 7749g-Not Running -Fuel System Issue - Needs Hydraulic Work 405 $2,000.00 53 R00I2 I0D6International 430O58A4XZTYPE1Dahothcn1N.No. 1HTK8NAAK807H47U0Z2Odometer l2634U'Runs 408 $I2,500.00 54 ' D7Z7D 2OO]Freightliner FL60TYPE 1V.LN.No. 1R/A8PALO4DK447Z78 Odometer 21O233-Runs ' Caterpillar Motor 402 $13,700L00 55 R00I6 I0O6International 4]0OSB/44XITYPE 1V.iN.No. 1HTKAN4ANYS7H47OOl6Odometer 1Z641U'Engine &amp; Transmission Damage Does Not Run 515 $2,200'00 55 R8423 l0I0International 43O0IBA4X2TYPE IVAX No. 1HTK8WAAM3BH31V423Odometer 13126O'Engine Seized -Not Running 405 $1,000.00 57 R7I71 2003Freightliner FUGDTYPE 1VLN.No. 1FW\8PAL24DKA47271 Odometer 249OOS-Cranks botNotRunn/nQ-Knocking'3Bad lnjadno-[aterp|lbrMotor 405 $1,500.00 58 R0019 2OD6International 43OOS8A4X2TYPE 1V].N.No. 1HTMNAAK4O7H47DO19Odometer l3077Z'Runs -Needs Raditor/Fan Clutch /Compressors 408 $9'DOO.00 59 RO8U2 2U0ZFreightliner FL6OTYPE 1VJ-N.No. 1FVABP8WX2HJDD80J Odometer 212S46-Runs 'VVatnrpumpLeak 531 $G,560'00 GO RO7Qg 2002 Fr6ght|inerFb5OTYPE Iy.|.N.No. 1FVA8P8VV32H18O79g Odometer 1G2956-Runs - Ignition Solenoid Problem 402 $7,000'00 3 � Page 12 of 13 City of Miami, FL EXHIBIT "C" [RECIPIENT GOVERNING BODY RESOLUTION] TO BE PROVIDED ON EXECUTION Page 13 of 13 Fossler, Thomas From: Sent: To: Cc: Subject: James A. Astwood <JAAstwood@gov.tc> Tuesday, August 30, 2022 9:14 AM Shayone Handfield-Gardiner; Fossler, Thomas; Khalila Astwood-Tatem Del Oro, Jessica; Fredrico S. Johnson; Larry W. Mills Re: Donation and Release Agreement for City of Miami Fire Truck [22-1256] CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Mrs. Gardiner and Mr. Fossler, Thanks for including me in this email our team at the Ministry of Home Affairs will look out for the email re: release agreement. Regards, James James A. Astwood Permanent Secretary Ministry of Home Affairs, Transportation, Broadcasting, Energy and Utilities and Telecommunications Comi Turks and Caicos Islands Government +1 649 338 2557 1 JAAstwood@gov.tc www.gov.tc From: Shayone Handfield-Gardiner <shandfield-gardiner@gov.tc> Sent: Tuesday, August 30, 2022 8:58 AM To: Fossler, Thomas <TFossler@miamigov.com>; Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com>; James A. Astwood <JAAstwood@gov.tc> Subject: RE: Donation and Release Agreement for City of Miami Fire Truck [22-1256] Mr. Fossler: Many thanks for your prompt response. Given the value of the Fire Truck, please note that Mr. James Astwood can receive the truck on behalf of the Ministry. Therefore, he will sign the Release Agreement. Regards, 1 Shayone Handfield-Gardiner Principal Crown Counsel -International Attorney General's Chambers Turks and Caicos Islands Government +1 649 338 3287 shandfield-gardiner@gov.tc aro ag_chambers@gov.tc www.gov.tc/agc From: Fossler, Thomas <TFossler@miamigov.com> Sent: Monday, August 29, 2022 6:12 PM To: Shayone Handfield-Gardiner <shandfield-gardiner@gov.tc>; Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com>; James A. Astwood <JAAstwood@gov.tc> Subject: RE: Donation and Release Agreement for City of Miami Fire Truck [22-1256] Good afternoon Ms. Gardiner, Thank you for getting back to me. I was advised that the value of the fire truck is estimated to be around $2,500.00 USD based on what similar trucks have sold at auction. We are also fine with the donation being published. Mr. Astwood, it is a pleasure to e-meet you. I will make sure you are included when the agreement is sent out. Thomas NI. Fossler, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1890 Facsimile: 305-400-5071 E-mail: tfossler(a-miamigov.com Assistant: Jessica Del Oro; 305-416-1894; jmdeloro@miamigov.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party. that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient. you are hereby notified that any review. dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act. 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself. create an attorney -client relationship with the sender. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by phone or in writing. Please consider the environment before printing this e-mail. From: Shayone Handfield-Gardiner <shandfield-gardiner@gov.tc> Sent: Monday, August 29, 2022 11:20 AM To: Fossler, Thomas <TFossler@miamigov.com>; Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com>; James A. Astwood <JAAstwood@gov.tc> Subject: RE: Donation and Release Agreement for City of Miami Fire Truck [22-1256] 2 CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Fossler: As indicated by the Deputy Attorney General, the correct legal entity that would ultimately receive the truck is the Ministry of Home Affairs, Transportation, Broadcasting, Energy and Utilities and Telecommunications Commission . 1 have copied the Permanent Secretary with responsibility for this Ministry, Mr. James Astwood for ease of reference. Can you kindly advise on the value of the truck before finalizing the Release Agreement as depending on the value of the truck, to receive the donation, the Ministry may require Cabinet's approval, and it may have to be received by the Minister in Cabinet rather than the Permanent Secretary for that Ministry. Also, please advise if the City of Miami wish to make this donation anonymously, or otherwise? This is important because all donations are placed in the TCI's Gazette which is the Government's official publication and the TCI Gazette is publically available. Regards, Shayone Handfield-Gardiner Principal Crown Counsel -International Attorney General's Chambers Turks and Caicos Islands Government IS +1 649 338 3287 Z shandfield-gardiner@gov.tc Z ag chamber@gov.tc la www.gov.tc/agc From: Shayone Handfield-Gardiner Sent: Friday, August 26, 2022 10:13 AM To: Fossler, Thomas <TFossler@miamigov.com>; Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com> Subject: RE: Donation and Release Agreement for City of Miami Fire Truck [22-1256] Mr. Fossler: Many thanks for your email dated August 24th, 2022. I will carry out research to respond fully to your query and advise accordingly. Regards, From: Fossler, Thomas <TFossler@miamigov.com> Sent: Thursday, August 25, 2022 5:13 PM To: Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com>; Shayone Handfield-Gardiner <shandfield-gardiner@gov.tc> Subject: Re: Donation and Release Agreement for City of Miami Fire Truck [22-1256] 3 Thank you kindly for your assistance. It is a pleasure to e-meet you Ms. Gardiner. I will await your confirmation. Thomas M. Fossler, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-4 16-1890 Facsimile: 305-400-5071 E-mail: tfossler(fmiamigov.com Assistant: Jessica Del Oro: 305-416-1894; imdeloro(cimiamigov.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert. please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party. that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, I R U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Please consider the environment before printing this e-mail. On Aug 24, 2022, at 8:21 PM, Khalila Astwood-Tatem <kwastwood-Tatem(d gov.tc> wrote: CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Fossler, Thank you for your kind consideration. I introduce to you Mrs. Shayone Gardiner, copied herein who heads our International Division. The appropriate authority may be the Ministry of Home Affairs. Mrs. Gardiner shall confirm and revert to you. Regards Khalila Astwood-Tatem Deputy Attorney General Attorney General's Chambers Turks and Caicos Islands Government 91st Floor, Waterloo Plaza Waterloo Road Grand Turk Turks and Caicos Islands +1 649 338 3276 as kwastwood-Tatem@gov.tc 4 ag chambers@gov.tc www.gov.te/age � �'''-Corrfidentiality' This e-mail and its attachments are Confidential and are intended for the named recipient only. If you a!e not the named recipient or if they have come to you in error you must take no action Lased on them. nor must you copy or show them to anyone: please destroy the message and delete it from your computer then reply to the sender and highlight the error or notify us by telephone On 6,49 338-4-283. We do not accept liability for any damage sustaned as a result of ary software viruses and advise you to carry out your own virus check before opening any attachment. Furthermore, we do not accent responsioifty for arry change made to ttos message after it wr;s sent by the sender. From: Fossler, Thomas <TFossler@miamigov.com> Sent: Wednesday, August 24, 2022 6:48 PM To: Khalila Astwood-Tatem <kwastwood-Tatem@gov.tc> Cc: Del Oro, Jessica <JMDeloro@miamigov.com> Subject: Donation and Release Agreement for City of Miami Fire Truck [22-1256] Good afternoon Ms. Astwood-Tatem, I hope this email finds you well. My name is Thomas Fossler, an Assistant City Attorney, with the City of Miami. I am reaching out regarding a proposed donation of a City of Miami Fire Truck to Grand Turk Domestic Fire and Rescue Services. I am preparing a donation and release agreement for the fire truck, however, I am admittedly unfamiliar with the legal structure of the Government of the Turks and Caicos Islands. I was hoping you could assist me with identifying the proper legal entity that would ultimately sign to accept the fire truck. Any assistance you can provide would be greatly appreciated. If you need any additional information to aid in this request, please do not hesitate to reach out. Thank you for your consideration. Thomas M. Fossler, Assistant City Attorney City of Miami Office of the City Attorney Telephone: 305-416-1890 Facsimile: 305-400-5071 E-mail: tfosslera,miamigov.com Assistant: Jessica Del Oro; 305-416-1894; jmdeloro@miamigov.com Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review. dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act. 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Please consider the environment before printing this e-mail.