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Home My WebLink AboutR-90-0501J-90-423 5/30/90 RESOLUTION NO, 91 5 d 1 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND "NIAMI-DADS COMMUNITY COLLEGE (M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING TO THEREBY EXTEND THE PERIOD OF SAID CONTRACT FROM AUGUST 1, 1990 THROUGH JULY 31, 1991. WHEREAS, this agreement is a means for the City of Miami to receive revenues from the State of Florida through Miami -Dade Community College for its ongoing "In -Service Fire Training Programs" conducted by the Fire, Rescue and Inspection Services Department; and WHEREAS, the In -Service Fire Training Program will be in accordance with the State of Florida guidelines and Miami -Dade Community College level of occupational instruction, program coordination, registration, monitoring, and reporting activities; and WHEREAS, revenues/services will be received by the Miami Fire, Rescue and Inspection Services Department for ongoing training instructors ($12.00 per instructor hour), for the use of facilities, equipment, material, and support personnel ($500.00 per Full Time Equivalent (FTE) student; 900 student contact hours equals one FTE student) and a fee will be charged by the Miami -Dade Community College based on student contact hour (0.60 per hour) which is less than the revenue paid; and WHEREAS, this agreement will provide the City of Miami Fire Rescue and Inspection Services Department with official State and College level recognition of In -Service Fire Training and the first Fire Department in this community to initiate revenue/services for Pull -Time Equivalent Students (FTE); ATTACHMENTS I CONTAINED J-50-423 5/30/90 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND '141AMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR THE CITY'S RENDERING OF IN-SERVICE FIRE TRAINING TO THEREBY EXTEND THE PERIOD OF SAID CONTRACT FROM AUGUST 1, 1990 THROUGH JULY 31, 1991. WHEREAS, this agreement is a means for the City of Miami to receive revenues from the State of Florida through Miami -Dade Community College for its ongoing "In -Service Fire Training Programs" conducted by the Fire, Rescue and Inspection Services Department; and WHEREAS, the In -Service Fire Training Program will be in accordance with the State of Florida guidelines and Miami -Dade Community College level of occupational instruction, program coordination, registration, monitoring, and reporting activities; and WHEREAS, revenues/services will be received by th- "I__. Rescue and Inspection Services Department for ongc instructors ($12.00 per instructor hour), for facilities, equipment, material, and support personnel Full Time Equivalent (FTE) student; 900 student c equals one FTE student) and a fee will be charged by t Community College based on student contact hour (0. which is less than the revenue paid; and WHEREAS, this agreement will provide the City Rescue and Inspection Services Department with offic: College level recognition of In -Service Fire Training Fire Department in this community to initiate revenue Full -Time Equivalent Students (FTE); ATTACHMENTS CONTAINED - - - - - - - - - - - - - 7 7 7 7 Aft 7 '17 Nowt THE99POREt 19E IT' RESOLVED BY THE COMMISStOR OF THE CITY OP 141AF41 FLORIDA: Section 1. The City Manager is hereby authorized to amend the existing contract between the City and Miami -Dade Community College (H.O.C,C.) for the City's rendering of In -Service fire training to thereby extend the period of said contract from August 1,, 1990 through July 31# 1991# said amendment to be in substantially the attached form. Section 2. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of July 1990. ATTES : *044�� MATTIYUHIRAI, CITY CLERK BUDGETARY REVIEW AND APPROVAL: MMOHAR S. A, DIRECTOR MUkNAGEMENTMUDGET FINANC EVIEW AND APPROVAL: — ZaIL-v CARLOS-N.] GARCIAr DIRECTOR FINANCE MPARTMENT PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J0jPX z7-FRA-W Z CITY ATTORN84 "15Z5 -2- R, ;Z4, This Amendment cantered into on this day of 1990, to an Agreement dated June 2i 1989i by and between the City of Miami, a municipal corporation of the ;YY , State of Florida (hereinafter referred to as "CITY") and Miami Dade Coomunity College, North Campus, Division of Public Services, ' (hereinafter referred to as "COLLEGE"). wK� WHEREAS, pursuant to Resolution the City Commission j{ authorised the City Manager to extend the existing contract between the City and the College for the City's rendering of In-service Fire Training for the period of August 1, 1990 through July 31r , 1991. NOW, THEREFORE, the City and College, for the considerations hereinafter set forth, agrees to amend the Agreement as follows a 1. Section 1. Duration of agreement shall be amended to read as w follows: T "The agreement shall begin on August 1, 1990 and terminate at the close of business on July 31, 1991, unless renewed by mutual YIZ+,w agreement of both agencies." f: 2. The Agreement entered into between the City and College dated ' June 2, 1989, shall remain in full force and effect and shall not be deemed to be modified except as modified herein. �r IN WITNESS WHEREOF, the parties hereto have, through the _ > proper corporate officials, executed this Amendment #I# the day. and year first above written. 'F i THE CITY OF MIAMI a snsaicl corporation of the state ATTOPTs Florida, i m i + d t 8Y ° T�rit ' City Clerk City manager. 5y pi. INSURANCE MANAGER r_ APPROVED AS 'O FORM•ANb CORRECTNESSt r 'F$itNANDBE 'City 'Attorn+sy t J _ r '. •. .> 1 yyyJ��ppp '' { ' ••W ;,,....;..... i >� S t i � F a m _ r : w :.. .v _ ._ ..__ r•t, t.. - .±iy, ........tL�i.aw.v7 .,.ttL� - .. _ _ � .- ,3��*3zHx.'Enf �-.-Pig n MUMI-DAM COMM COLLEGE AGRI AMEN'i' FOR PROFESSIONAL Olt TECHNICAL SERMI;3 THIS ACREEMENTO Entered into as of the 2nd....__day of June. , 1989, by and between Miami -Dade Community College, North.Campus_ Division of_Publlc Serv.itbs hereinafter referred to as the "COLLEGE", and City- of ire_De name of contracting party or organisation hereinafter referred to as the "CONTRACTOR". WITNESSETH THAT-. The Contractor shall begin performance of the agreement on the let day of - Au,tust , 1989 JL and shall complete performance to the satisfaction of the College no later than the 31st day of July , 1990 The College and the Contractor do mutually agree that the Contractor shall furnish the following service to the College, and that payment shall be made in accordance with the conditions of this agreement: DESCRIPTION pF SERVICE The College, in coniunction with the City of Miami Fire Department, will offer supplemental occupational non-credit instruction for in-service ,fire training on site at various Miami Fire Department training facilities. TheCollege will pay the City of Miami -Fire Department for instructors at the rate of S12 per hour, The City of Miami Fire Department will Paz the College the standard fee of 60 cents per student contact hour. In addition, the College will pay the City of Miami Fire Department a fee for the use of its facilities, equipment, materials, and support personnel: See attached contract addendum. COST OF SERVICE 1716AelI.64507 For the above -described service, the College shall compensate the Contractor as follows: See attached contract addendum. WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS i ti x r, An MWPAVHM t: Ct'het (describe) gee et ached con tact adds»d NOTR:'Ah invoice shall include receipts for expenses where applicable' All payments by the College shall be made in accordance with college procedure, and within normal processing time of the institution. The Contractor agrees, in fulfilling this contract, to abide by all provisions -of Section 202 of Executive Order 11246, as amended by Executive Order 11373, relative to Equal Employment Opportunity for all persons without regard to .race, creed, color, national origin, or sex; and the implementing rules and regulations pertaining thereto. k City of Miami Miami -Dade Community College Cesar H. Odio Dr. Lester Brookner Citv Man r Vice President for Business Affairs. By: Signed By: Signed tT �• Address of Contractor, Street and Number, City, State' and Zip Code- Social Security Number (where applicable) 90- 501 � J 7tWnR t t .L AMU" WMACT Of Jft g, 1089 ArMIN MIM1 "�y�}r,�y p `A;# IJRIJB 4dAlTP CCiLL NORTH CAM y DIVISt 1 L1e SOVICU AM TU CIT1t or NUMI 1I21 DIPAM' W. AGAMUMT -t The agreement shall begin on August 1, 1989, and terminates at the clue of busihoss Oft Ju1y 311 10901 unless ranewed by mutual agreement of both agentiea. .. II. I SIgILITIES Of THI COLLEGS = ¢� The COLLEGE shall! r- 1. Register fire department personnel for supplemental occupational non�cYedit instruction for in-service fire training at the off-campua' facilities to be determined by mutual agreement. 2. Determine on a course by course basis, in accordance with the State of Florida regulations and guidelines, which in-service fire training programs qualify for registration as supplemental occupational - non-credit instruction. 3. Pay the City of Miami Fire Department instructor fees for providing training instructors. (Refer to ARTICLE FOUR) 4.' Pay the City of Miami Fire Department a fee for the use of its _ facilities, equipment, materials, and support personnel. (Refer. 'to ARTICLE FOUR). 5. The COLLEGE will assign and designate a college employee to handle program coordination, registration, monitoring, and reporting activities. III. RESPONSIBILITIES OF THE CITY OF MIAMI FIRE DEPARTMENT The Miami Fire Department shall: 1. Develop specific course training goals and objectives. j 2. Provide the facilities at which the training will be conducted. e70— J.ai i ox 9t t r 1 Provide the aquipdsnt, materials, inatructarso and SUPOrt personnel necessary to conduct the courses. r_ 4. Frei this COLLEGE a fee for each student contact hour. (Rafar to AMCLA FIVE.) S. Submit to the Collega, on a quarterly basis, an invoice for instruet6t :. fees. _ s IV. TERMS V PAYMENT EY THE. COLLEGE —r 1 { The COLLEGE agrees to pay the City of Miami Fire Department for instructors at Y � rate of twelve dollars per hour per instructor. The COLLEGE further agrees to pay the r City of Miami Fire Department for the use of its facilities, equipment, materials, and support personnel at a rate of five hundred dollars ($500) per non-credit full-time equivalent student. Additionally, the COLLEGE understands that total full-time equivalent student fees to be paid by the COLLEGE during the contract period shall not exceed thirty-five thousand dollars ($35,000). Total full-time equivalent student — calculation* will be based on the formula that nine hundred student contact hours will t equal one full-time equivalent studeat. On mutual agreement between the College and - the Miami Fire Department, the College may provide special training instructors and/or training aids to the Miami Fire Department for payment or partial payment of the fee paid by the College. V. TERMS OF PAYMENT BY THE CITY OF MIAMI FIRE DEPARTMENT The City of Miami Fire Department agrees to pay the COLLEGE at a rate of sixty cents per student contact hour, not to exceed a total of 63,000 student contact hour* during the duration of the agreement. Payment will be made based on a`properly submitted monthly invoice for services rendered by the COLLEGE to the City. - k 4 1 j t 9 0 `l f Vt # ., HA tML Sg A0021941M With reference to any litigation which maybe commenced by any person against either the COLLEGE, the City, or both, arising from any act or occurrence porsuant to this AGREENENT, it is agreed as follows, �.t 1. The parties will cooperate in good faith in the defense of any action commenced by any person against the COLLEGA or the CITY, or any agent thereof, and the parties will appear and testify in any hearing resulting from such litigation, should either party be requested to do no. 2. The COLLEGE shall provide legal representation for the COLLEGE and all persons who are solely employed by the COLLEGE, and the CITY shall provide legal representation for the CITY and all persons solely 3. I] employed by the CITY. Nothing contained herein shall prevent the COLLEGE or the CITY from appearing as co -counsel in situations where either party is at risk, whether or not said party is specifically named as a defendant in the subject litigation. All legal costs incurred by the COLLEGE and the CITY, including attorney's fees, shall be borne by the respective parties and shall not be :subject to indemnification. - As between the parties to this AGREEMENT, the COLLEGE shall be solely liable for all acts, omissions, or rules, and causes of action arising from regulations, policies, procedures, customs and practices of the COLLEGE, and the CITY shall be solely liable for all acts, omissions, or causes of actions arising from or related to the rules, regulations, policies, procedures, customs and practices of the CITY attributable to the employer/employee relationship between the CITY and its employees. 90- 501 90- 01 Wyk' y f'S i ":. M Ito parties further agree to divide any liability resulting (too eey litigation + oesssnoed pursuant to this ACftEEOMt an the basis of their respective degrees of comparative fault in the event that a court of competent jurisdiction mates a determination to that effect. a S. In the event a Judgment is entered against the COLLEGE or the CYfs or both, the respective parties shall be entitled to indemnifidatich k pursuant to the tests of this agreement. SC' Vil l PR0 SI0NAL- IWREWEHCE .OF THE COLLEGE It is understood and agreed that the COLLEGE is not an Agent, employee, or representative of the CITY, and dues not have authority to act on behalf of the CITY or its agencies. The COLLEGE is and shall remain an independent organisation with respect to all services performed under this agreement. No partnership relationship between the CITY and the COLLEGE is created or intended by this agreement. i VIII. ASSIGNMENT The COLLEGE IS obligations hereunder are not assignable. The COLLEGE shall net assign, transfer, pledge, hypothecate, surrender, or otherwise dispose of any rights under this agreement, or any interest in any portion of same, without the prior written consent of the CITY. IX. CANCELLATION OR TERMINATION Either party may terminate this agreement in whole or in part, without stated cause, upon thirty (30) calendar days prior written notice by certified mail. If this agreement is terminated, all payments due either party on the effective date of termination, pursuant to articles four and five, shall be paid within sixty 9a 5Q1 TIN z1 694 of the Affeetiv* data of tetaina►tion. E. RMALtip A� This agreement may be renewed for a period of one year upon the mutual written font of the CITY and the COLLEGE. The renewal period will begin on August 1,,1090 tet thate at the close of business on July 31, 1991, M4bIFICATY�i+i� This AGRIEMENT may not be altered, changed, or modified except by or with the written consent of the COLLEGE and the CITY. x In WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executdd .` by their respective and duly authorized officers on the day and year first above = written. Witness Witness — Attest: Signstu Name ittY 45, Title •City -Clerk Approved as jtform d rectness: Signature Name Jo a F. Fe ndez Title C Attorne Approved as to insurance requirements: Signature Name Seraundo Perez Title insurance Coordinator Date Contract.fir Vice President for Business Affairs p CITY 901AMI Cesar H. Odio City Manager r 90- 501 - tJry- CITY OF MIAMI, FLORIDA CA= 1 8� r INTER -OFFICE MEMORANDUM- _ �s ro : Honorable Mayor and Members DATE : FILE Aesar City Commission Jill " 3 1990 SUBJECT : MIAMI-DADE COMMUNITY COLLEGE CONTRACT - EXTENSION Resolution . 0dio -ROM : City Manager REFERENCES ENCLOSURES: ;4 RECOMMENDATION: It is respectfully recommended that the City•Commission adopt a resolution authorizing- the City Manager to extend the existing. contract between the City and Miami -Dade Community College (MDCC) for the City's rendering of In -Service Fire Training thereby _. extending the period of said contract from August 1, 1990 through July 31, 1991. h BACKGROUND: i The Department of Fire, Rescue and Inspection Services has reviewed the attached documents and has determined that they are now in order for acceptance by the City Commission, This contract allows the City to receive revenues from the State of Florida through MDCC for In -Service training provided on an on -going basis. Also attached are the following documents necessary for the City Commission to make its decisions (1) Resolution p. (2) Amendment No. 1