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Home My WebLink AboutR-89-0613J-89-598 5/31/89 RESOLUTION�t3' A RESOLUTION, WITH ATTACHMENT; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND THE MIAMI-DADE COMMUNITY COLLEGE (M.D.C.C.) FOR "FULL=TIME EQUIVALENT" STUDENT COMPENSATION, INSTRUCTOR COMPENSATION AND STUDENT CONTACT FEE FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES' FIRE TRAINING PROGRAMS, SAID AGR.EEN.tNT BEING FOR THE PERIOD OF AUGUST 19 1989 THROUGH JULY 31, 1990. WHEREAS, there has been in existence an agreement since November 139 1987, between the City of Miami and Miami Dade Community College for the provision by the City of In -Service Fire Training, said agreement expiring on July 31, 1989; and WHEREAS, the subject proposed new agreement is substantially the same as the previous agreement and remains the means for the City of Miami Fire, Rescue and Inspection Services to receive revenues from the State of Florida through the Miami - Dade community college for its ongoing "In -Service Fire Training Programs'; and WHEREAS, the In -Service Fire Training Programs 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 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 Nine Hundred ( 900 ) student contact hours egUal to one FTE Student), and a fee being 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 provides the City of Miami Fire, Rescue and Inspection Services Department with official state and C4i1 44* Ar^, College level recognition of In -Service Fire Training as well as recognition of being the first Fire Department in this community to initiate revenue/services for Full --Tithe Equivalent Students (FTE); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY _ OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into the attached Agreement. 1� in substantially the form attached, between the City of Miami and the Miami -Dade Community college for the Department of Fire, Rescue and Inspection Services Full -Time Equivalent Student Compensation, Instructor Compensation and "Student Contact Hour" Fees sALd agreement being for the period of August 1, 1989 through July 31, 1990• PASSED AND ADOPTED this 13th day of July , 1 89• XAVIER L. SU REZ, MkTOR ATT To MAT= HIRAI, CITY CLERK { PREPARED AND APPROVED BY: _ RO ERT F. CLARK ASSISTANT CITY ATTORNEY LEGISLATIONjSPECIAL PROJECTS DIVISION CHIEF APPROVED AS TO FORM AND CORRECTNESS: h 1= s: JOR E F. F CIT ATTORNE Y= I The herein authorization is further subject to compliance _ with all requirements that may be imposed by the City Attorney as prescribed by applicable City Code provisions.?- .. t ., F T - A - A) Si r f 3 ,' A Hlif I It !I1it <,.JiIJ ,.„1,1j. i I tri+J \ A .-0. At; uur �lJ.utn PI, u'nLJ t s I I,- t I,J; t ;n;i Al- fill M- AMI-DADS COMMUNITY COLLEGE North Campus Chief Director, C. H. Duke Department of Fire, Rescue and inspection Services City of Miami 3425 Jefferson Street Coconut Grove, FL 33133 Dear Chief Duke: June 2, 1989 Attached to this letter is the annual renewal agreement pertain- ing to in-service training at your facilities. The dates covered are for our 89-90 academic year from August 1, 1989 through July 31, 1990. The terms and conditions are the same as for this current year, except that we have increased the FTE limit from 50 to 70. The attached contract has been signed by the college, but final approval is pending ratification by the College Board of Trus- tees. This item is on the agenda for our July 20 Board of Trus- tees meeting, and approval is anticipated so that our current 31, 1989, will be renewed with this agreement, which expires July new agreement. Sincerely yours, lrm Attachment #89208.DD 3: F; 2 f` 3y> •� � A ' � of .{ � � y , � .. ., r ~ NTf MIAMI-DADE COMMUNITY COLLEGE _ AGREEMENT FOR - -r PROFESSIONAL OR 'TECHNICAL SERVICES _? THIS AGREEMENT, Entered into as of the 2nd day of June , 1989, by and between Miami -Dade Community College, North Campus Division of Public Setyiees -' hereinafter referred to as the "COLLEGE", and City of Miami Fire Departident__.. -: (name of contracting party or organization) {2 =( hereinafter referred to as the "CONTRACTOR". I WITNESS'ETH THAT: The Contractor shall begin performance of the agreement on the 1st day of August 1989 , and shall complete performance to the satisfaction , a 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 OF 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. The College will pay the City of Miami Fire Department for instructors at the rate of $12 per hour. The City of Miami Fire Department will pay the College the standard fee of 60 cents per student- contact hour. In addition, the College will pay the City of Miami Fire Department i a fee for the use of its facilities, equipment, materials, and support personnel. ; See attached contract addendum. COST OF SERVICE 1716AJ1.64507 For the above -described service, the College shall compensate the Contractor as follows: See attached contract addendum. i t i- 4 3 p. ii .. .. i 3 �- t 1 7- izWE'k h r. A. �' , , _ . - _ .. . ,. . .. . t _ .. .. _ , i _W x SC TEDUU AND PROCEDURE FOR PAYMENT _ X_-... Other (describe) See attached contract addendum.___ NOTE: An 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. i The Contractor agrees, in fulfilling this contract, to abide by all provisions of _I Section 202 of Executive Order 11246, as amended by Executive Order 11375, 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. - City of Miami Miami -Dade Community College - Cesar H. Odio Dr. Lester Brookner City Manager Vice President for Business Affairs. By: Signed By: Signed (j Address of Contractor, Street and Number, City, State and Zip Code - Social Security Number ' (where applicable) 89-613 .e 4 4 J` r � Y" �_ . �.. s� y[� • ..:" ..' �, " ' ..' t c ,.l t�� "iArY'�.-�'.1S. Er...sU.mta'�3i �� a y yy.. ADDENDUM TO CONTRACT OF JUNE 2, 1989 BETWEEN MIAMI-DADE COMMUNITY COLLEGE, NORTH CAMPUS, DIVISION OF PUBLIC SERVICES AND THE CITY OF MIAMI FIRE DEPARTMENT. I. DURATION OF AGREEMENT The agreement shall begin on August 1, 1989, and terminate at the close of business on July 31, 1990, unless renewed by mutual agreement of both agencies. II. RESPONSIBILITIES ,OYTHE COLLEGE The COLLEGE shall: 1. Register fire department personnel for supplemental occupational non-credit instruction for in=service fire training at the off -campus 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. 2. Develop specific course training goals and objectives. Provide the facilities at which the training will be conducted. 89-76613.1 = ^ materials, instructors, and sntppott i. Provide the equipment, personnel necessary to conduct the courses. 4. Pay the COLLEGE a fee for each student contact hour. (Refer to ARTICLE FIVE-) 5. Submit to the College, on a quarterly basis, an invoice for instructor fees. i ON IV. TERMS OF PAYMENT $Y THE COLLEGE Ma the City of Miami Fire De artment for instructors at $ Y p The COLLEGE agrees to pay f The COLLEGE further a grees to pay the twelve dollars per hour per instructor. rate o Fire Department for the u se of its facilities, equipment, materials, and - City of Miami Y (500) per non-credit full-time support personnel at a rate of five hundred dollars .: Additionally: the COLLEGE understands that total full-time equivalent student. to be by the COLLEGE during the contract period shall no equivalent student fees paid dollars 35,000). Total full-time equivalent student exceed thirty-five thousand formula that nine hundred student contact hours will calculation s will be based on the full-time equivalent student. On mutual agreement between the College and equal one may provide special training instructors the College and/or the Miami Fire Department, the Miami Fire Department for payment or partial payment of the fee training aids to t: paid by the College. -' V. TERMS OF PAYMEBY THE CITY OF MIAMI FIRE DEPARTMENT NT N f The City of Miami Fire Department agrees to pay the COLLEGE at a rate of sixty,- i' student contact hour, not to exceed a total of 63,000 student contact hours —i, ii cents per the agreement, Payment will be made based on a properly - it -' during the duration of submitted monthly invoice for services rendered by the COLLEGE to the City. - _i ✓L 3. provide the eq�uipmentf materials, instructors, and support personnel. necessary to conduct the Courses. Pay the COLLEGE a fee for each student contact hour. (Refer to ARTICLE 4. FIVE.) 5, Submit to the College, on a quarterly basis, an invoice for instructor fees. IV. ERMS.OF..PAYMENT BY THE COLLEGE COLLEGE agrees to pay the City of Miami Fire Department for instructors at a The g a the rate of twelve dollars per hour per instructor. The COLLEGE further agrees top y 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 understands that total full-time q e uivalent student. Additionally, the COLLEGE 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 the formula that nine hundred student contact hours will calculat ions will be based on equal one full-time equivalent student. On mutual agreement between the College and C U e a may provide special training instructors and/or the Miami Fire Department, the o 8 the fee Miami Fire Department for payment or partial payment of training aids to the paid by the College. PAYMENT BY THE CITY OF MIAMI FIRE DEPARTMENT V. TERMS OF the COLLEGE at a rate of sixty City of Miami Fire Department agrees to pay The a total of 63,000 student contact hours cents per student contact hour, not to exceed will be made duration of the agreement. Paymenta based on properly during the for services rendered by the COLLEGE to the City. submitted monthly invoice 89--623t 5 C u^.'+'k ysi;4 fjs-.F. a P y{ p KYA 1 1 LL ,f c Mark _ - c srultr VT. M.-EMNIPICATION AND HOLD HARMLESS AGREEMENT 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 p+irsuant to this AGREEMENT, it is agreed as follows: now M. — c — 4-e , F �• The parties further agree to divide any liability resulting from any litigation commenced pursuant to this AGREEMENT, on the basis of theif respective degrees of comparative fault in the event that a court of competent jurisdiction makes a determination to that effect. S. In the event a ,judgment is entered against the COLLEGE or the CITY* or both, the respective parties shall be entitled to indemnification pursuant to the terms of this agreement. V114 PROFESSIONAL. INDEPENDENCE OF THE COLLEGE It is understood and agreed that the COLLEGE is not an agent, employee, or representative of the CITY, and does not have authority to act on behalf of the CITY or its agencies. The COLLEGE is and shall remain an independent organization 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. VIII. ASSIGNMENT The COLLEGE'S obligations hereunder are not assignable. The COLLEGE shall not 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 89-613k j ti C. t f r r '• J. vi• '� �. '.aM� ! L i t gg •''Y t ihp i s�. h n t days•of the effective date of termination. X. RENEWAL O1 AGREEMENT This agreement may be renewed for a period of one year upon the mutual written consent of the CITY and the COLLEGE. The renewal period will begin on August 1, 1990 and terminate at the close of business on July 31, 1991. XI. MODIFICATIONS This AGREEMENT may not be altered, changed, or modified except by or with the written consent of the COLLEGE and the CITY. Tn WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective and duly authorized officers on the day and year first above written. MIAMI-DADE COMMUNITY COLLEGE LJ mr' CITY OF MIAMI, FLORIDACAw20 INTER -OFFICE MEMORANDUM DATE : FILE To: The Honorable Mayor and Members JUL 3 �9$� of the City Commission SUBJECT : Contract Agreement with i Miami -Dade Community College; In -Service Fire _ Training Revenue, Full- - FROM : REFERENCES : ,Time Equivalent Students Cesar H. Odio City Manager ENCLOSURES: RECOMMENDATION: _ It is recommended that a Resolution be passed authorizing the City - Manager to enter into an agreement, in substantially the form attached, between the City and Miami -Dade Community College (M.D.C.C.) for the City's rendering of In -Service Fire Training _ for the period of August 1, 1989 through July 31, 1990• - BACKGROUND: This agreement is a means for the City of Miami Fire, Rescue and Inspection Services Department to receive revenues from the State of Florida through. the Miami -Dade Community College for its ongoing "In -Service Fire Training Programs". The current contract was initiated on November 13, 1987, amended on November 1, 1988 —1 and terminates July 31, 1989. The In -Service Training Programs 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. Revenues/services will be received by the Miami Fire Department for (ongoing training). instructors, for the use of facilities. equipment, material,:.and `support personnel. A fee' will. be charged .by the Miami -Dade Community college, which is leas 'than the revenue paid to the City by..the College, based on stpdent`contact.` t -� hours y . t - e The proposed agreement provides the City of Miami Fire,.Rescue and: Inspection`Services with official State. -and Collegelevel' .�- recognition of In -Service'Fire Training as well as recognition of Lsq.L being the firstFire ,Department', in, this community, ta, initiate. revenue for Full -Time Equivalent Students (FTE).. Miami -Dade'; Community College has . budgeted $35, QOA that can be 'P.ai4I t4 the wa, Department based on FTE under. the proposed contract.}�, - g .;