HomeMy WebLinkAboutR-03-1053J-03-931
09/25/03
RESOLUTION NO. 9 3-105 3
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIRST AMENDMENT TO
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND VILLAGE
OF KEY BISCAYNE FOR FIRE, RESCUE, AUTOMATIC
AID AND ANCILLARY SERVICES AT THE VILLAGE OF
KEY BISCAYNE, FLORIDA ("AGREEMENT"); AND
APPROVING AN EXTENSION IN THE TERM OF THE
AGREEMENT ON A MONTH -MONTH BASIS, NOT TO
EXCEED SIX MONTHS, FROM OCTOBER 1, 2003
THROUGH MARCH 31, 2004.
WHEREAS, Resolution No. 98-555, adopted June 9, 1998,
authorized the City Manager to enter into an Agreement with
Village of Key Biscayne ("Village"), to provide Automatic Aid and
Ancillary Fire Services to the Village ("Agreement") for a period
of five years; and
WHEREAS, the Village desires to extend the Agreement with
the City of Miami ("City") on a month -to month basis, for six -
months, from October 1, 2003 through March 31, 2004, under the
same fees, terms and conditions set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENT (S)
I CONTAINED
CITY COMMSSiox
ME -1 I C OF
SEP 2 5 2003
Resolution No.
93-1053
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.
Section 2. The City Manager is authorized!' to execute
the First Amendment to Agreement, in substantially the attached
form, between the City and the Village to provide Automatic Aid
and Ancillary Fire Services to the Village of Key Biscayne,
Florida.
Section 3. The extension in the terms of the Agreement
on a month-to-month basis, not to exceed six months, from October
1, 2003 through March 31, 2004, is approved.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�!'
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.
zi 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 2 of 3
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PASSED AND ADOPTED this 25th day of September , 2003.
ATTEST:
lt. •� T
P I CILL THOMP ON
CITY CLERK.. -)
APPA- ED AS,? O,,�ORM AND CORRECTNESS : (!
P,LEJAN O VILARELLO
CITY ATTORNEY
629:tr:AS
Page 3 of 3
ANUEL A. DIAZ, MAYOR
4�
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF MIAMI AND VILLAGE OF KEY BISCAYNE FOR FIRE, RESCUE,
AUTOMATIC AID AND ANCILLARY SERVICES AT THE VILLAGE OF KEY
BISCAYNE, FLORIDA
This first amendment is entered into this ��day of 0
r _, 2003, by
and between the City of Miami, a municipal corporation of the State of Florida (hereinafter
referred to as the "CITY"), and the Village of Key Biscayne, a municipal corporation of the State
of Florida (the "VILLAGE").
RECITALS:
WHEREAS, the CITY and VILLAGE have entered into an Agreement dated September
22, 1998 to provide Fire, Rescue, Automatic Aid and Ancillary Services at the Village of Key
Biscayne (the "Agreement"); and
WHEREAS, the original term of the Agreement shall be for a period of five (5) years
commencing on October 1, 1998, and terminating on September 30, 2003; and
WHEREAS, the amendments of the Agreement may be amended only upon the written
agreement of the parties. No amendments to this Agreement shall be binding on either party
unless in writing and approved by the CITY's Commission and the VILLAGE's Council; and
WHEREAS, the parties at this time desire to amend and extend the term of the
Agreement on a month-to-month basis, not to exceed six (6) months, commencing on October 1,
2003 to,rpril�-38, 2004
176er3y
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained in this agreement, the CITY and VILLAGE hereby agree to amend the Agreement as
follows:
Section "III. TERM" is deleted in its entirety and amended to read:
5. TERM: Subject to the cancellation provision set forth in Section X of the original
contract dated September 22, 1998, the tern of this Agreement shall be extended
on a month-to-month basis, not to3exceed six (6) months, commencing on October
1, 2003, and terminating on l , f?00,4.
"7 y3
Section "XII. NOTICE" is deleted in its entirety and amended to read:
XII. NOTICE: All notices provided by either party under this Agreement shall be
deemed to be sufficiently sent if mailed by U.S. Certified Mail, Return
Receipt Requested, and shall be sent to the officers specified below:
Page 1 of 3
1j3-�0a3
FOR THE CITY — CITY MANAGER
Joe Arriola
444 S.W. 2nd Avenue
Miami, Florida 33130
FOR THE VILLAGE — VILLAGE MANAGER
Jacqueline Menendez
85 West McIntyre Street
Key Biscayne, Florida 33149
Except as specifically provided herein, all of the terms and conditions of the Agreement,
shall remain in force and effect throughout the extended term of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers duly authorized.
ATTEST:
Priscilla A. Thompson, Ci4 Clerk
ATTEST:
1 age Clerk
FOR THE CITY OF MIAMI, a
Municipal Cor �ra\tion f tte of
By: o Arriola, City Manager
VILLAGE OF KEY BISCAYNE, a
Municipal Corporation of the State of
Florida:
Y
W-
ueline
Menen
it Manager
I'll a of Key Biscayne
Page 2 of 3
0-;
v '0 15
APPROVED AS TO FORM
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
f
Village Attorney
Village of Key Biscayne
APPROVED AS TO INSURANC '
REQ /
_"MOVED
Y -Y
Dania'Carrillo I
Risk Management Administrator
a so d 7 9 Page 3 of 3 ,,3-1053
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