Res. No. 179-09-12988RESOLUTION NO.:, 179 -09 -12988
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
A PERMIT AGREEMENT FOR A ONE (1) YEAR TERM WITH MIAMI -DADE COUNTY
FOR LANDSCAPING & PASSIVE PARK AMENITIES USE AT SOUTH MIAMI
METRORAIL STATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wish to use a
portion of open space from the Miami Dade County South Miami Metrorail Station to provide for an
aesthetically pleasing passive green area for residents to use; and
WHEREAS, a Miami Dade County permit agreement (see attached) for landscaping and passive
park amenities use of the designated area has been presented to the City of South Miami; and
WHEREAS, the City of South Miami will provide and maintain for an aesthetically pleasing
passive green area as indicated in the attached Exhibit "A" of the permit agreement for a one (1) year
term.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager and Mayor to execute the permit
agreement with Miami -Dade County for the amount of $1.00 per year, payable to Miami Dade County.
Section 2: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this 20 day of pctober .12009.
ATTEST: APPROVED:
Y CLERK 6 MAYOR
READ A ? APPROVED AS TO FORM:
i
CITY ATTORNEY
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
X04 S °ury�r City of South Miami
PUBLIC WORKS DEPARTMENT
oa panto , 4795 SW 75th Avenue
�� ° a.P P Miami, FL 33155
Tel. (305) 663 -6350 Fax (305) 668 -7208
To:
Via:
From:
Date:
Subject:
MEMORANDUM
The Honorable Mayor and Members of the City Commission
Laurence Feingold,P.A.
City Attorney
Jose Olive, P.E., �D �0.
Public Works- Engineering Director
October 12, 2009
South Miami
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Miami Dade County Permit Agreement for Landscape and Passive Park
Amenities Use at South Miami Metrorail Station
Attached please find City Attorney's review comments to Article No. 10 and 13 of the Miami
Dade County permit agreement as presented to the City of South Miami. Thank you.
END OF MEMO
Page 1 of 1
Page 1 of I
Olivo, Jose
From: mark goldstein [markgoldstein98 @yahoo.com)
Sent: Monday, October 12, 2009 1:25 PM
To: Olivo, Jose
Cc: Larry Feingold
Subject: Re: Agenda Item for 10/20 Commission Meeting: MDC Permit Agreement -SM Metrorail Station
I don't like sections 10 and 13 of the contract to the extent they might make the city liable if someone
gets assaulted in the area.
- -- On Mon, 10/12/09, Olivo, Jose <jolivo@cityofsouthMiaMi.net> wrote:
Prom: Olivo, Jose <jolivo @cityofsouthmiami.net>
Subject: Agenda Item for 10/20 Commission Meeting: MDC Permit Agreement -SM Metrorail
Station
To: AslanF @aol.com
Cc: "Mark A. Goldstein" <mgoldstein @rra- law.com >, "Menendez, Maria M."
< Mmenendez @cityofsouthmiami.net>
Date: Monday, October 12, 2009, 9:42 AM
Good morning,
As per City Clerk's email, attached please find proposed resolution for the above to be placed on
commission agenda for 10120/09. Mayor is the sponsor of this item. Thanks.
10/13/2009
MIAMI -DADS COUNTY
Through Miami -Dade Transit
PERMIT AGREEMENT
PERMITTEE: City of South Miami
TYPEOFBUSXNESS. Municipality
CONTACT PERSON(S): Roger M. Carlton
Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Phone: (305) 668 -2510
Fax: (305) 663 -6348
E-mail: Rearlton@citvofosuthmiarni.net
PERMXTAREA: South Miami Metrorail Station
Area immediately south of existing Bus Bay driveway
entrance to north side of SW 59 Place and from US1 to
proposed Bus Bay driveway entrance, as depicted in
yellow in attached location map.
PERMIT TERM.- One (1) year initial term upon execution by both parties.
Term: September 1, 2009 through August 31, 2010
PERMITAGREEMENT
CITYOFSOUTIIMMMI
1. AUTIIORIZATION.•
Miami -Dade County, under Administrative Order 8 -5, has the authority to enter
into this Permit Agreement with the City of South Miami {hereinafter referred to
as the "Permittee ") for use of the Permit Area.
2. TERMSANDAGREEMENT.°
Permit Area:
. Permittee is hereby granted use of surface area of the South Miami Metrorail
Station Parking Garage to be used for landscaping per the attached Exhibit "A ". In
the event that the area covered under this Permit is needed at any time for use by
transit patrons or for any other landscaping purpose, Miami -Dade Transit (MDT)
Director may decrease, eliminate or change the location of the area spaces which
the Permittee is authorized to use under this Permit Agreement upon thirty (30)
days prior written notice to Permittee. Uses other than as stated herein shall
require the County's express written consent.
Permit Term:
One-(1) year initial term upon execution by both parties.
Commence September 1, 2009 through August 31, 2010
Permit Tee and Payment.*
Permittee shall pay $1 per year advance, without billing, at the commencement of
this Permit agreement. Payment shall be made by check payable to Miami -Dade
County, c/o Miami -Dade Transit, Attention: Albert Hernandez, 701 N.W. Is`
Court, 17t" Floor, Miami, FL 33136.
4. TERMINATION.•
The County, through the MDT Director, may revoke this Permit Agreement at any
time in accordance with Administrative Order 8 -5.
5. RENEWAL:
The County, through the County Manager or his designee, shall have the sole
option to renew this Permit Agreement for one additional year under the same
terms, conditions and provisions established herein, provided it is not then in
default.
i]
PERMITAGREEMENT
CITYOFSOUTH"MIAMI
b. ASSIGNMENT.
Permittee shall not assign this Permit without County Manager's express written
consent. Approval by County does not constitute a waiver or release of any rights
of the County.
LAWS, REGULATIONS AND PERMITS.
Permittee shall comply with all applicable statutes, ordinances, rules, orders,
regulations and requirements of Federal, State, County or Municipal governments.
Permittee shall, upon request, provide proof of compliance with all applicable
required licenses, permits and other legal requirement prior to execution of this
Permit Agreement.
LAND USES:
The Permittee agrees that the Permit Area is only to be used for landscaping and
passive park amenities. The Permittee recognizes and acknowledges that the
manner in which the Permit Area is used and operated are matters of critical
importance to Miami -Dade County and the general welfare of the community.
Permittee agrees that at all times during the term of this Permit Agreement,
Permittee shall use diligent efforts to protect the safety of the Metrorail system and
to avoid any activities which may interfere with transit operations and
maintenance.
The proposed landscaping improvements shall be performed by the City of South
Miami per attached Exhibit "A" as approved by Miami Dade Transit. The City of
South Miami shall not be responsible for any additional improvements to the site
or underground utility improvements, including pipe irrigation, and drainage. The
proposed landscape improvements shall consist of planting of trees, hedge line and
ground leveling for planting of sod.
9. REPRESENTATIONSAND WARRANTIES.
Permittee acknowledges that in accordance with Florida Statutes Section
125.411(3) (1990), the County does not warrant the title or represent any state of
facts concerning the title to the Permit Area.
10. I ND E MNI FI CA T I O N.
Permittee shall indemnify and hold harmless County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which County or its officers,
employees, agents or proceedings of any kind or nature arising out of , relating to
or resulting from the issuance of this Permit and /or the use of the Permit Area to
the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the Permittee or its employees, agents, servants, partners, principals,
subcontractors or any third party.
PERMITAGREEMENT
CITY OFSOUTHMIAMI
Permittee shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name
of County, where applicable, including appellate proceedings, and shall pay all
costs judgments, and attorneys' fees which may issue thereon.
Permittee expressly understand and agrees that any insurance protection required
by this Permit or otherwise provided by Permittee shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its
officers, employees, agents and instrumentalities and herein provided.
IL HEAL TH INS UCtANCEPORTABILITYANDACCOUNTABILITYACT.
Any person or entity or entity that performs or assists Miami -Dade County with a
function or activity involving the use or disclosure of "individually identifiable
health information (IIHI) and/or Protected Health Information (PHI) shall comply
with the Health Insurance Portability and Accountability Act ( HIPPA) of 1996 and
the Miami -Dade County Privacy Standards Administrative Order. HIPAA
mandates for privacy, security and electronic transfer standards, that include but
are not limited to:
I. Use of information only for performing services required by the contract
or as required by law,
2. Use of appropriate safeguards to prevent non - permitted disclosures;
1 Reporting to Miami -Dade County of any non - permitted use or
disclosure;
4. Assurances that any agents and subcontractors agree to the same
restrictions and conditions that apply to the Bidder/Proposer and
reasonable assurances that IIH1/PHI will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment; and
incorporating any amendments.requested by the customer;
7. Making PHI available to Miami -Dade County for an accounting of
disclosures; and
8. Making internal practices, books and records related to PHI available to
Miami -Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of
transmission (paper records, and /or electronic transfer of data ). The
Bidder /Proposer must give its customers written notice of its privacy information
practices including specifically, a description of the types of uses and disclosures
that would be made with protected health information.
PERMITAGREEMENT
CITYOFSOUTHMIA.MI
12. RIGIIT OF ENTRY:
The County, or any of its agents, shall have the right to enter upon said premises at
any time to examine, inspect, repair and/or maintain any part of the Metrorail
system. It is hereby agreed and understood that operation, safety and maintenance
of the Metrorail system is paramount and will take precedence over any other
activity in the Permit Area.
13. SAFETYAND SECURITY'
It is expressly understood that Permittee is solely responsible for the personal
safety of its employees, invitees or any other persons entering the Permit Area in
connection with this Permit Agreement, as well as any and all equipment and/or
personal property installed or brought into the Permit Area. The County shall not
in any way assume responsibility for the personal safety of such persons,
equipment, or personal property in case of loss, theft, damage, or any other type of
casualty which may occur. Permittee shall provide additional security, if any, at is
sole cost and expense to insure the personal safety of its employees, agents,
invitees and others, as well as to protect any personal property. The provision of
such additional security, if any, shall be coordinated by and subject to the approval
of the County. This paragraph is intended solely for the benefit of the County and,
shall not grant any benefit of right to any third party. Permittee shall not permit
any hazardous materials or toxic substances in Permitted Area.
14. MAINTENANCE:
Permittee, at is sole cost and expense, shall maintain the Permit Area in a clean
and sightly condition and shall not allow refuse or debris to accumulate. Permittee
shall not be held responsible for the safety, security and maintenance for "Arts in
Public PIaces" furnished and installed by Miami Dade County or Miami -Bade
Transit.
15. SURRENDER OFPERMITAREA:
Original Condition:
Upon expiration or termination of this Permit Agreement, Permittee shall
immediately surrender possession of all portions of Permit Area to County in
substantially the condition in which Permittee Is required to maintain the Permit
Area except for reasonable wear and tear and damage by fire or casualty. All
improvements to the Permit Area will become property of the County at the
termination of this Permit Agreement. Permittee shall no longer be required to
maintain the site and shall be held harmless from any liabilities, damages or losses
of any kind occurring thereafter.
PERMITAGREEMENT
CITYOFSOUTIIML4MI
Damages:
Permittee shall repair or replace any damage to Metrorail property caused by it, its
agents, employees or invitees. Restoration shall be to MDT's reasonable
satisfaction. If Permittee fails to do so within. thirty (30) calendar days following
occurrence and/nor notification by MDT, or fails to do.so in such an additional
period of time as is reasonably required, County may, at its option, cause all
required maintenance, repairs or replacements to be made at Permittee's expense.
Payment for Restoration:
Permittee shall pay County all such actual costs incurred within thirty (30)
calendar days upon receipt of such notice by County.
16. TITLE UASSURANCE:
Permittee for herself/himself, his/her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree that in the event facilities are constructed, maintained or other otherwise
operated on said property described in this Permit Agreement for a purpose for
which a State of Florida Department of 'Transportation program or activity is
extended or for another purpose involving the provision of similar services or
benefits, the Permittee shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuan to title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Non - discrimination of Federally- Assisted Programs of the
Department of Transportation — Effectuation of Title Vi of the Civil Rights Act of
1964 and as said Regulations may be amended.
The Permittee for herself/himself, his/her personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree that (1) no person on the grounds of race, color, gender, sexual
orientation, disability or nation origin shall be excluded from participation in, be
0
denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (2) that in the construction of any improvements on, over or under
such land and the furnishing services thereon, no person on the grounds of race,
color, gender, sexual orientation, disability or national origin shall be excluded
from the participation in, be denied the benefits of, or be otherwise subjected to
discrimination, and (3) that the Permittee shall use the premises in compliance
with all other requirement imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of
Transportation — Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
PERMIT AGREEMENT
CITY OF SOUTH WWI
In the event of breach of any of the above nondiscrimination covenants, Miami -
Dade County, Florida shall have the right to terminate the Permit, re -enter and
repossess the Permit Area and hold the same as if said Permit had never been made
or issued.
17. NOTICES:
All notices, requests, demands, consents, approvals and other communication
which are required to be served or given hereunder, shall be in writing and shall be
sent by registered mail or certified US. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as follows:
To County: Miami -Dade Transit
701 N.W. I" Street, 17"i Floor
Miami, Florida 33136
Attention: Albert Hernandez
Assistant Director, Engineering &
Planning Division
To Permittee: City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attention: Roger M. Carlton
Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be deemed
given when placed in the mail.
7
OWNER:
M
County
PERMIT GREE'MENT
CITYOFSOUTIIMIAMI
COUNTY, a
subdivision of the State of Florida
Date: 10
Approved by County Attorney!
As to form and legal sufficiency � � ZCF�c` L
PERMITTEE: SOUTH MIAMI
A Municipality
By: "�`,Y
Name: Roger M. Carlton
Title: Acting City Manager
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The foregoing instrument was acknowledged before me this 9-1 day of
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