HomeMy WebLinkAboutR-90-043817-.90--361
5/17/90
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A RESOLUTION, WITV ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AC4024ENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY FOR
ENGAGEMENT OF THE CITY OF MIAMI TO PROVIDE FIRE,
RESCUE AND INSPECTION SERVICES IN CONNECTION WITH THE
OPERATION OF THE PORT OF MIAMI, FOR A PERIOD OF FIVE
YEARS, FOR A TOTAL PAYMENT OF $2,500,000 ID THE CITY
OF MIAMI, WITH ADDITIONAL CHARGES TO BE PAID BY
METROPOLITAN DADE COUNTY FOR MAJOR EMERGENCIES, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH
IN THE ATTACHED AGREEMENT; FURTHER PROVIDING THAT THE
HEREIN AGREEMENT SHALL SUPERSEDE PRIOR INTERIM
AGREEMENTS BETWEEN THE PARTIES, AS AMENDED;
AUTHORIZING THE CITY MANAGER TO EFFECTUATE
CPI CEILLATION, IF NECESSARY, OF THE HEREIN AGREEMH,TT;
REQUIRING CITY COMMISSION APPROVAL FOR ANY AMENDMENTS
TO SAID AGREEMENT
WHEREAS, Metropolitan Dade County (the "County") has requested that
certain fire, rescue and fire inspection services be performed by the City of
Miami (the "City"), in connection with the operation of the Port of Miami; and
WHEREAS, the City is desirous of providing such services for the Port of
Miami on a long tern contract basis and has been providing the sane pending
such an agreement being reached; and
WHEREAS, the County desires to continue to engage the City to implement
such services on an interim basis until such time as a permanent facility is
constructed and/or a long term agreement is negotiated; and
WHEREAS, the County will pay the City a total of $2,500,000 in monthly
payments to be adjusted yearly over a period of five years, with the final
balloon payment of $362,700 to be made at the end of the fifth year; and
WHEREAS, the County will pay the City additional charges for major
emergencies; and
WHEREAS, the current agreement executed on Septen�. r 8, 1988, expired on
October 15, 1989; and
WHEREAS, the City Conmission, through the adoption of Resolution
No. 88-147 on February 18, 1988, approved this engagement of services; and
WHEREAS, the herein attached proposed agreement has been modified as
required by the County to provide that the City would indemnify and save the
County hanidess front negligence of the City; and
AT i AC3
COTAHD
CITY COMMISSION
MEETING OF
J U N 7 1990
00-- 438 j
1k.
147,Rr S, by entering i.n..o this ,grant, th- Parti_Ps Will sin.,i i_ y
their contractual agreement as is provided herein;
WW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
Section 1. The findings and recitals contained in the Preamble of
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to enter into an
agreenentll, in substantially the attached foam, with Metropolitan Dade County
for engagement of the City of Miami to provide fire, rescue and fire
inspection services in connection with the operation of the Port of Miami,
said agreement to be for a period of five years, for a total payment of
$2,500,000 to the City of Miami, with additional charges to be paid by
Metropolitan Dade County for major emergencies, in accordance with the terms
and conditions set forth in the attached agreement.
Section 3. The agreemwnt with Metropolitan Dade County herein
authorized shall supersede and nullify any prior Interim Agreements, as
amended, regarding the subject matter of this Resolution.
Section 4. The City Manager, as Chief Executive Officer of the
City of Miami, is hereby authorized to effectuate cancellation of the
agreement in the mariner provided in Section VII thereof.
Section 5, Any amendments to the agreement shall require City
Catmission approval.
Section 6. This Resolution shall become effective immediately
upon its adoption.
PASSED AN) ADOPTED this _7th day of
CITY CLERK
1/
XAVIER L.
W Me)
, 1990.
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.
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a—
PREPARFD ,AND APPVJVED BY
RO ''I
ASSISTANT' CITY ATPORNEY
APPROVED AS TO FORM AND CORREC'NESS:
_ JORGE L.
CITY ATTORNEY
bss:M1487
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EXHIBIT A
AGREEMENT BETWEEN DADE COUNTY AND THE CITY OF MIAMI
FOR FIRE, RESCUE AND FIRE INSPECTION SERVICES
AT THE PORT OF MIAMI
THIS AGREEMENT, entered into this 15th day of October, 1989 by
and between Dade County, a political subdivision of the State of
Florida, and the City of Miami, a municipal corporation of the State
of Florida.
WIiEREAS, Dade County has requested certain fire, rescue and
fire inspection services be performed by the City of Miami in
connection with the operation of the Port of Miami; and
WHEREAS, the City of Miami is desirous of providing such
services for the Port of Miami on a contractual basis and has
thus negotiated this agreement; and
WHEREAS, Dade County desires to engage the City of Miami to
implement such services on a contractual basis until such time as
this agreement may be cancelled by either party in the manner
provided for herein; and
WHEREAS, the parties are desirous of simplifying their
contactual undertakings by superseding two prior Interim
Agreements, as amended, between the parties and entering into
this agreement, which shall govern its subject matter.
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, it is agreed as follows:
SECTION I
DEFINITION PURPOSE
A. Definitions
1. "COUNTY" means Dade County.
2. "CITY" means City of Miami.
3. "FIRE DEPARTMENT-, raeans the City of Miami Department
of Fire, Rescue and Inspection Services.
4. "FIREWATCH" means precautionary standby assignment
by appropriate equipment, material and personnel for
Fire -Rescue suppression and prevention purposes.
)HEN RETURidNG FOR FURL.
REVIEW, PLEASE IDENTIFY AS
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438
means the Port of Miami, which s owned and
operated by Dade C01.111ty, and shall. include Dodge
Island, Lummus Island, the Port Terminal Facility,
and the Port Bridge.
B. Purpose
The purpose of this Agreement is to state the terms and
conditions under which the City of Miami will provide fire,
rescue and fire inspection services as set forth in Section II of
this Agreement.
SECTION II
SCOPE OF SERVICE
The CITY agrees, in accordance with the terms of this
Agreement, to provide the following services to the COUNTY for
the Port of Miami;
TERM
a. Firefighting equipment, material and personnel for fire
suppression purposes.
b. Equipment and personnel for emergency medical aid
purposes.
C. Equipment and personnel for fire inspection purposes.
d. Firewatch with appropriate equipment, material and
personnel for Fire Rescue and Suppression purposes when
needed.
SECTION III
The term of this agreement shall be for a period of five (5)
years. The term of this agreement shall commence October 15,
1989, and shall terminate on October 15, 1994.
SECTION IV
COMPENSATION
A. CITY will charge a minimum monthly fee as set forth in
the attached fee schedule labelled Appendix 1 commencing on
October 15, 1989. This charge for fire, rescue and inspection
services shall be for equipment and personnel required to provide
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rout.i_ne services an(l prot_ec-t.i_or:, as nPcess ry, in arcor(lance wi.t.h
CITY Standard 01)erating Procedures.
B. In the event of a major emergency, as further described
in this section, in addition to the minimum monthly fee an
additional major, emergency fee set forth in the attached fee
schedule shall be in operative force and effect.
For the purposes of this agreement, a major emergency is
defined as those incidents that exceed the capabilities of the
original multi. -company dispatches. These incidents are
considered out of control and would be signified by, the
announcement of a Code 1 by the first arriving units. Not
considered major emergencies are minor fires, rescue runs, small
hazardous materials incidents and those incidents that have been
routinely handled in the past, elsewhere in the City of Miami, by
its Fire Department, by routine custom and practice.
C. For the purposes of invoicing, in the event of a major
emergency, as defined in Paragraph B, Section IV, when major
emergencies occur, the County will make payment ninety (90) days
after the receipt. of the invoices for services. Further, these
invoices will not be subject to interest charges nor considered
to be delinquent.
D. The charges as set forth in the attached fee schedule,
Appendix 1 shall be the maximum hourly rates for equipment and
personnel with the time for such charges to be calculated from
the time of the alarm to the time the responding units return to
service. The hourly charges shall be prorated for fractional
parts of an hour. Such charges are based upon at least four (4)
fire fighters operating each piece of apparatus listed in the
major emergency fee schedule. in the event fewer fire fighters
are provided, the charge will be reduced proportionately.
L. The CITY will provide a monthly invoice for routine
services and protection, with appropriate documentation as agreed
between the parties. The COUNTY shall make payment within thirty
(30) days of receipt of the invoice. Interest at the rate of
twelve percent (12%) per annum shall automatically accrue on
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del.inc111Q11#:. «ntii. they are p-tip , with the +.,Xceptinn of
invoices billed under.- Section C, major emergency.
F. The fee schedule attached as Appendix 1 to this
Agreement as though set forth in full in this agreement is
expressly incorporated by reference herein and is deemed to be
recited herein as a section of this contract. The fee schedule
prescribes and sets forth the rates and charges for the fire,
rescue and inspection services charges.
G. The fee schedule shall not be used to determine charges
for firewatches. Charges for firewatches shall be the same for
firewatches elsewhere in the City of Miami, handled by its Fire
Department in accordance with standard operating procedures.
SECTION V
INDEMNIFICATION
COUNTY shall indemnify and save harmless the CITY from any
and all claims, liability, losses and causes of action arising
out of the negligence of its agents, officers, or employees, to
the extent of the limitations included within Florida Statutes,
Section 768.28. However, nothing herein shall be deemed to
indemnify the CITY for any liability of claims arising out of the
negligence, performance, or lack of performance of the CITY, its
agents, officers or employees.
CITY shall indemnify and save harmless the COUNTY from any
and all claims, liability, losses and causes of action arising
out of the negligence of its agents, officers, or employees, to
the extent to the limitations included within Florida Statutes,
Section 768.29. However, nothing herein shall be deemed to
indemnify the COUNTY for any liability of claims arising out of
the negligence, performance, or lack of performance of the
COUNTY, its agents, officers or employees.
SECTION VI
1. Access
Construction has commenced on the Fort's new five -lane high-
m}�z:ove accessi-bi_].l.ty of Fi..1-e St.ati.nn fl
to the }'ort �-,rhen Station 01 is required to backup Port
firefighting units. The COUNTY hereby confirms that it shall
provide unencumbered ingress and egress to CITY personnel and
vehicles and helicopters entering or departing from the Port of
Miami for the purposes of executing the provisions of this
Agreement, including, but not limited to, emergencies, fire
suppression, fire inspection, and equipment testing.
2. Fire Code
The South Florida Fire Prevention Code shall apply to the
Port of Miami.
3. Fire Inspection
(a) CITY agrees to provide fire inspection services on the
Port property.
(b) COUNTY further agrees to authorize the City of Miami
Fire, Rescue and Inspection Services Department to
enforce the South Florida Fire Prevention Code on the
Port of Miami.
SECTION VII
CANCELLATION
This Agreement may be cancelled by either party upon sixty
(60) days written notice to the other party. Cancellation will
be at the discretion of the Chief Executive Officer of the
parties hereto who is herein defined to mean the respective City
Manager on behalf of CITY and County Manager on behalf of COUNTY.
In the event of any such cancellation, the CITY shall be paid
fees for services provided prior to the effective date of such
cancellation.
SECTION VIII
AMENDMENTS
The parties may amend this Agreement only upon the written
agreement of the parties. No amendments to this Agreement shall
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},e I,i_aadi.nrt can either Iaarty +111les, i.n v?ri_ti_rag and by twl�e
authorized Chief executive Officers of the City and County
respectively and as approved by the City of Miami Commission and
the Board of Dade County Commissioners.
Such amendments shall be incorporated as part of this
Agreement, upon review, approval and execution of the parties
hereto, except as provided for in Section IX herein.
SECTION IX
NOTICES
All notices provided by either party under thi's 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;
FOR THE CITY - CITY MANAGER
Cesar H. Odio
3500 Pan American Drive
Miami, Florida 33133
FOR THE COUNTY - COUNTY MANAGER
Joaquin G. Avino, P.E., P.L.S.
111 Northwest First Street
29th Floor
Miami, Florida 33128
FEE SCHEDULE
The parties herein agree to the rates and charges pertaining
to the fire inspection, fire and rescue services being provided
by the City as are set forth in full in Appendix 1.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their daily
authorized officers and Principals, attest by their respective
City and County Clerk on the day and year first herein above
written.
Dade County, a political
subdivision of the State of
Florida
Joaquin G. Avino, P.E.,—P.L,.S.
County P1anager
Metropolitan Dade County
City of Miami, a municipal
Corporation of the State of
Florida
Cesar H. Odio, City Manager
City of Miami
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ATTEST
Clerk, Board of County
Commissioners
APPROVED AS TO FORM ,AND
LEGAL SUFFICIENCY:
ATTEST
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney City Attorney
Metropolitan Dade County City of Miami
INSURANCE APPROVED
Insurance Manager
City of Miami
APPFNT)Tx I
FrF SCIIFDULF.
For normal or routine service including Fire Protection,
Emergency Medical Services, and Fire Inspections a monthly fee
for the following, years is established.
1. October 15, 1989 through October 14, 1990
$25,800 per month
2. October 15, 1990 through October 14, 1991
$30,950 per month.
3. October 15, 1991 through October 14, 1992
$37,150 per month
4. October 15, 1992 through October 14, 1993
$40,870 per month
5. October 15, 1993 through October 14, 1994
$43,330 per month, plus one balloon payment of
$362,700 due in October 1994.
This fee covers personnel and equipment as necessary in
accordance with City of Miami Standard Operating Procedures.
For major emergencies, as determined by the City of Miami
Fire Chief, the following fee schedule, in addition to the normal
monthly fee is established:
1.
$1,200.00
per
hour
per
Aerial Company.
2.
$ 900.00
per
hour
per
Pumper Company.
3.
$ 600.00
per
hour
per
Advanced Life Support Rescue
Company.
4. $ 300.00 per hour per Air Truck.
5. $ 200.00 per Hour per Man for Special Equipment (Foam
Apparatus, Fire Boat, District Chief, etc.)
The charges as set forth above shall be the hourly rates for
equipment and personnel with the time for such charges to be
calculated froin the time of the alarm to the time the responding
units return to service. The hourly charges shall be prorated
for fractional parts of an hour. Such charges are based upon at
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j�a:)mot, A fire ()Pc�r'at.i'nq each pleco r.)f
l.iste(l In .i_ems 1 and 2 above, an(I 3 f_i.r.e fighters Ast:e(I in item
3 above. In the event fewer fire fighters are provided, the
charge will be r.e(luced proportionately.
For the purposes of the agreement, a major emergency is
defined as those incidents that exceed the capabilities of the
original multi -company dispatches. These incidents are
considered out of control and would be signified by the
announcement of a Code 1 by the first arriving units. Not
considered major, emergencies are minor fires, rescue runs, small
hazardous materials incidents and those incidents that have been
routinely handled in the past.
The CITY will provide a monthly invoice with appropriate
documentation as required. The COUNTY shall make payment within
thirty (30) days of receipt of the invoice with the exception of
Paragraph C, Section IV, Page 3. Interest at the rate of twelve
percent (12%) per annum shall automatically accrue on delinquent
invoices until they are paid.
For firewatches, as determined by the City of Miami Fire
Chief upon request by officials of the Port of Miami, charges
shall be as follows:
1. Fire Fighters rate of pay is based upon time and one-
half at their Hourly rate.
2. Paramedics rate of pay is based upon time and one-half
at their hourly rate.
3. An Administrative Fee based on City Ordinance #10237
requiring a charge of $10.00 per person per day.
4. Charges may change based on contract agreement between
the City of Miami and Fire Fighters Local No. 587.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To. The Honorable Mayor and Members
of the City Commission
FROM
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE M Ay 18 1990 FILE
SUBJECT Agreement; Continuation
of Fire Protection Services
to the Port of Miami
REFERENCES
ENCLOSURES
It is recommended that a Resolution be passed authorizing an
agreement between the City of Miami and Metropolitan Dade County
for continuation of fire, rescue and inspection services to the
Port of Miami.
The new agreement, although substantially the same, has been
modified to cover a five (5) year period commencing October 15,
1989 and terminating on October 15, 1994. Services have also
been expanded under the new agreement' for the provision of
firewatches at the same charge as those provided elsewhere in the
City and in accordance with standard operating procedures. The
monthly fee for delivery of normal or routine service, which
includes fire protection, emergency medical services and fire
inspections has been established as follows:
October
15,
1989
through
October
14,
1990
- $25,800/mo.
October
15,
1990
through
October
14,
1991
- $30,950/mo.
October
15,
1991
through
October
14,
1992
- $37,150/mo.
October
15,
1992
through
October
14,
1993
- $40,870/mo.
October
15,
1993
through
October
14,
1994
- $43,330/mo.,
plus
one
balloon payment of $362,700 due
in October 1994.
BACKGROUND:
The City of Miami Department of Fire, Rescue and Inspection
Services has been providing fire protection services to the Port
of Miami under agreement dating back to December 20, 1983.
The original agreement designated the City of Miami to provide
these services, which are the responsibility of the County to
provide, on an interim basis until such time as either a
permanent firefighting facility is constructed or a long-term
agreement is negotiated. Services under the agreement are
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Port of Miami Agreement
Page 2
provided to Dodge Island, Lummus Island, the Port Terminal
Facility, and the new Port Bridge as follows:
Firefighting equipment, material and personnel for fire
suppression
Equipment and personnel for emergency medical aid
Equipment and personnel for fire inspection
Appropriate equipment, material and personnel for firewatch
purposes
A minimum monthly fee is charged for equipment and personnel
required to provide routine services and protection in accordance
with the City's standard operating procedures. In the event of a
major emergency or the need for a firewatch, additional charges
for manpower and equipment are assessed, as prescribed in the
agreement.
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CITE' OF MIAMI. FLORIDA
INFER -OFFICE MEMORANDUM
TO Jorge L. Fernandez
City Attorney
FRO►d C. H. Duke, Chief
Director of Fire, Rescue
and Inspection Services
DATE May 1, 1990 FILE
SURAC:T Agreement; Continuation
of Fire Protection Services
to the Port of Miami
NEfERENCES
ENCLOSURES Four ( 4 )
If at all possible, I Would like the enclosed agreement between
Dade County and the City of Miami for services rendered at the
Fort of Miami placed on the May 24th Regular City Commission
Agenda. I realize that the Law Department's deadline for review
of legislation for this agenda is past, however, since we have
been working diligently for some time at the Commission's
directive in negotiating a new and more equitable agreement for
the City and the previous agreement expired on October 14, 1989,
we are anxious to conclude this matter.
Additionally, once the Agreement is approved by the City
Commission it must be then presented to the County Commission for
their approval. before becoming effective. Your cooperation in
expediting and helping us seek the earliest possible closure on
the matter would be greatly appreciated.
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