Res. No. 034-03-115831
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
RESOLUTION NO.34-03-11583
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT WITH THE CITY OF CORAL GABLES FOR THE USE OF THEIR GARBAGE
TRUCKS ON AS NEEDED BASIS FOR A PERIOD OF ONEYEAR AT A COST OF $10.00
TO THE CITY OF SOUTH MIAMI;PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,theMayorandCityCommissionagreetousetheCity of Coral Gables'GarbageTrucks
toprovidegarbage collection services totheCity of SouthMiami residents;and,
WHEREAS,theagreementisintendedforaperiod one year inexchangeforanagreement
tomaintain,fix and repair thevehicletoitspresentcondition;and,
WHEREAS,theCity of SouthMiamishallholdharmlesstheCity of CoralGables,its employees,the
administrationandmembers of theCityCommissionagainstallsuits,actions,claimscostsordemandsto
whichtheCity of CoralGables,itsemployeesor commission maybesubject;and,
NOW THEREFORE,beit RESOLVED bythe MAYOR AND CITY COMMISION of the CITY OF
SOUTH MIAMI,FLORIDA:
Section1:ThattheMayorandCityCommissionauthorizetheCityManagertoexecutethe
agreement tousetheCity of Coral Gables vehicles.
Section2:Thetermshallbeforaperiod of one year andshallpaytheCity of Coral
Gables thesum of $10.00 (Ten Dollars).
Section 3:The City of Coral Gables shall be named as additional insured onall insurance
polices purchased or obtained forthe purpose of this agreement.
Section4:The attached agreementwiththeCity of Coral Gables ismadeapart of the
resolution.
PASSED AND ADOPTED this 4,h dayof March 2003.
APPROVED:
G^ZJU^c^^
Ronetta Taylor,City Cle
READ AND APPROVED AS TO FORM:
/<£>.<-**
CITY ATTORNEY
ATTEST:
Horace G./ffeliu,Mayor
Commission Vote:4-0
Mayor Feliu:Yea
Vice Mayor Russell:Yea
Commissioner Bethel:Yea
Commissioner Wiscombe:Yea
Commissioner McCrea:out of room
CITY OF SOUTH MIAMI
Excellence,Integrity,Inclusion
South Miami
All-America Gil?
l||r
2001
TO:Honorable Mayor,Vice Mayor
&City Commission
FROM:SanfordA.Youkilis /?
Acting City Manager yQtfof'
DATE:February 27,2003
RESOLUTION or ORDINANCE
ITEM No..
RE:Authorizing the City Manager to
execute agreement with City of Coral Gables for the
use of their garbage trucks on as needed basis.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT WITH THE CITY OF CORAL GABLES FOR THE USE OF THEIR
GARBAGE TRUCKS ONAS NEEDED BASIS FOR A PERIOD OF ,AT
A COST OF $10.00 TO THE CITY OF SOUTH MIAMI;PROVIDING FOR AN EFFECTIVE
DATE
BACKGROUND &ANALYSIS
As previously indicated duringthelast budget revisionprocess,thePublicWorks Department is
inneed of aspeargarbagetrucktoproperlyprovideservicestotheresidents.Currently,theCity
has3garbagetrucksbutonly2areoperational.Thethirdtruckisdamagebeyondrepair(notcost
effective to repair).
Asaresult,thePublicWorks Director contacted neighboring citiesfor assistance tousetheir
trucksonanasneededbasis.TheCity of CoralGablesagreedtoallowtheCitytousethere
trucksin exchange forthe attached agreement that:
a TheCitywillmaintain,fixandrepairthevehicletoitspresent condition andreturnthesame.
•TheCity of CoralGablesshallbenamedasadditionalinsuredonallinsurancepolices
purchased forthe purpose of this agreement.
•TheCityshallpaythesum of $10.00 forthetotalperiodagreedtobybothparties.
OurPublicWorksDepartmentisreadytotakeadvantage of thisagreementassoonasthe
agreement is executed.Thus allowing staffto provide muchneeded maintenance tothetwo
trucks currently operating.
Page 2 of 2
Comm.Mtg.Agenda
Feb.27,2003
RECOMMENDATION
ItisrecommendedthattheCityCommissionauthorizetheCityManagertoexecutethe
agreement.
Attachments:
a Proposed Resolution
•Agreement with City of Coral Gables
SAY/RL (WAB)
AGREEMENT FOR USE OF CITY OF CORAL GABLES VEHICLE
This Agreement made as of the day of ,200_,by and between
the City of Coral Gables,a Florida Munipical Corporation ("Coral Gables")and the City of
South Miami ("South Miami"),A Municipal Corporation.
RECITALS
WHEREAS,Coral Gables is the owner of a
described as:
Vehicle Manufacturing year
Vehicle Description
Vehicle VIN#
Vehicle short Title:
Situatedinthe City of CoralGables;
WHEREAS,South Miami has a need to use the ;and
WHEREAS,thisagreementis intended toprovideSouthMiamitheuseofthe
.foralimitedperiod of timeinexchangeforan agreement to
maintain,fixandrepairthevehicletoitspresentcondition,andtoreturnsameinthesame
conditionasitwas provided toSouthMiami;and
FURTHER,toindemnifyandhold harmless theCityofCoralGables,its employees,the
administration andmembers of theCity Commission againstallsuits,actions,claimscostsor
demands (including,without limitation,suits,actions,claims,costsor demands resulting from
death,personal injury and property damage)to which the City of Coral Gables,its employees or
Commission may be subject or part ofby reason of damage or injury (including death)to the
property or person of anyone,arising or resulting in whole orin part,as a result of any acts or
omissions on the part of South Miami during its use,storage,or placement of the subject
;.Inclusive inthis indemnity agreement isthe agreement to fully
indemnify Coral Gables from any claims or caused actions alleged to have been caused by the
City's acts or omissions and to obtain insurance which will provide the indemnity provision
provided herein;and
WHEREAS,SouthMiami has inspected thesubjectvehicleandhasfoundittobein
good working condition.
NOW THEREFORE,Coral Gables andSouthMiamihereby agree as follows:
1.The foregoing recitals are true and correct and are incorporated herein as if repeated in
their entirety.This Agreement shall take precedence over and supercede any written or
oral agreementpriortothe signing andexecution ofthis agreement.
2.Theterm of the Agreement shall be from theday of ,200_,tothe
day of ,200_,inclusive,unless extended in writing byboth
parties,and onlyupon additional evidence of insurance during the extended period of
time.
3.Thatin consideration of all terms and agreements herein,SouthMiami shall pay Coral
Gablesthe sum of $10.00(Ten Dollars).
4.That Coral Gables shall be named as additional insured onall insurance policies
purchasedorobtainedforthepurpose of thisagreement.As between CoralGablesand
SouthMiami,anytypesor amounts of insurance obtained by SouthMiamiforthe
5.
purposes herein,South Miami shall not sever or limit South Miami's obligation to Coral
Gables as provided in this agreement:To Wit,to fully indemnify Coral Gables for South
Miami's use and/or operation of .
South Miami shall only allow fully certified drivers,with valid,Florida,Class B
Commercial,Drivers'Licenses,who are employees of the City of South Miami,Fla.,
drive the subject vehicle,referred toin this agreement.
South Miami shall supervise and direct the operations ofit vehicle operators.
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
andyearfirst written above.
ATTEST:CITY OF SOUTH MIAMI
By:
Print Name:
Bv:
City Manager
Title:City Clerk
ATTEST:
BY:
CITY OF CORAL GABLES
BY:
City Clerk
Yolanda Aguilar
City Manager
David L.Brown
APPROVED AS TO FORM:
S:/Departments/PublicService/CoralGablesCraneAgmt-2-7-03