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Home My WebLink AboutR-88-0793it I J-dt-647 06/2d/da RESOLUTION NO. 88--"3 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT 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, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT WITH THE ADDITIONAL CONDITION OF A WORKER'S COMPENSATION INDEMNITY CLAUSE; FURTHER PROVIDING THAT THIS AGREEMENT SHALL SUPERSEDE PRIOR INTERIM AGREEMENTS BETWEEN THE PARTIES AS AMENDED; AND DELEGATING TO THE CITY MANAGER THE ABILITY TO MODIFY THE FEE SCHEDULE BEING CHARGED FOR SUCH SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. WHEREAS, Dade County has requested that certain fire, rescue and fire inspection services be performed by the City of Miami in connection with the operation of the Port of Miami, which services are the responsibility of the County to provide; and WHEREAS, the City is desirous of providing such services for the Port of Miami on a long term contract basis and has been negotiating such an agreement; and WHEREAS, Dade County desires to engage the City to implement such services on an interim basis until such time as a permanent facility is constructed and a long term agreement is negotiated; and WHEREAS, Amendment No. 1 to such contract executed on January 26, 1984 lapsed on October 15, 1987; and WHEREAS, the City of Miami is desirous of continuing to provide such fire, rescue and inspection services to the Port of Miami; and WHEREAS, Dade County is desirous of continuing to Ongsge City of Miami to provide such services; and ATTACHMENTS CONTAINED Mr C sit 1 -"Lot= t.14"S a WHEREAS, the City Commission, through the adoption of Resolution #88-14T9 approved this agreement as drafted at that time; and WHEREAS, the agreement as approved has been modified as required by Dade County to provide that the City would indemnify and save the County harmless from negligence of the City; and WHEREAS, the City Commission has additionally directed that a worker's compensation indemnity clause be included in this agreement in favor of city employees performing services in the Port of Miami at the County's request; and WHEREAS, by entering into this agreement in substantially the form attached hereto as Exhibit "A", the parties will simplify their contractual agreement as is provided herein; NOW, 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 and hereby incorporated as if fully set forth in this section. Section 2. The City Manager is hereby authorized to execute the attached agreement 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, in accordance with the terms and conditions set forth therein. Section 3. The agreement with Metropolitan Dade County herein authorized shall supersede and nullify any prior Interim Agreements, as amended, regarding the subject matter of this contract. Section 4. The City Manager, as Chief Executive Officer of the City of Miami, is hereby authorized to effectuate cancellations of the agreement, in the manner provided by the contract. f. Section S. The City Manager, with the concurrence of the Fire Chief, is additionally authorized to establish such changes in the fee service schedule appended to the agreement which may be required by the interest of the City of Miami, as provided in the agreement. Section 6. Any amendments to this contract, excluding fee schedule modifications, shall require City Commission approval. PASSED AND ADOPTED this 8th day of Se ber, 1966. A IER L. . A ATTEST: L PREPARED AND APPROVED BY: lf(5�i'i-� LA CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM i CORRECTNESS: CITY JOIG L. EZ T R t ;. K k x•Z� � It "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 day of , 1988; 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. WHEREAS, 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 which services are the responsibility of the County to provide 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 agreements and WHEREAS, Dade County desires to engage the City of Mimi 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. WHEREAS, the parties are desirous of Simplifying their i contractual undertakings by superseding prior Interior Agreements, as amended, between the parties and entering into this agreement, which shall govern its subject matter. NOW, THEREFORE, in consideration of the mutual prmal"s and covenants herein contained, it is agreed as follows: SECTION I DEFINITION PURPOSE a A. Definitions 1. "COUNTY" means Dade County. 2. "CITY" means City of Mimi. 3. "FIRE DEPARTMENV means the City of NIML F Department of Fire, Resew mW :y Services. 4. "PORT" means the Port of Mimi OW dhall t 6i Dodge Island, Luaws IFl a 'Y # .y rage 1 , N Facility, and the Port Bridge after the County receives title to such land. B. Purpose The purpose of this Agreement is to state the terms and and conditions under whfnh the City of Miami will provide fire, rescue and fire inspection services as set forth in Part 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: 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., SECTION III TERM The term of this agreement shall be for a period of We U Y!" years. The term of this agreement shall eom mace October 159 198T and shall terminate on October 15, 1989• SECTION IV s:. COMPBNSATION A. CITY will charge a minimum monthly to* W ae:1r �01~Wf`11A� f the attached fee schedule labelled Appendix ."fir October 150 198T. This charge for fire, reams and .1eWa�3#1t ' services shall be for equipment and personnel- >requLre te'. x, 9 ' routine service* and protection, as nedesaaryo le 60OW"', M , CITY Standard Operstin8 Procedures. �'�` 8• In the event of a major emergency„ t'W 1, A- in this section in addition to the ni,al M, # additional major emergency fee set to"k, lu attached fee schedule shall be in operative force and effect. For the purposes of the agreement, a major wwrgency 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 n, 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 maxim= hourly rates for equipment and personnel with the time for such charges to be calculated from the time of the alaru 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 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. E. The CITY will provide a monthly invoice for routine services and protection, with appropriate documentation os agreed between the parties. The COUM shall make paymrmt within thirty (30) days of receipt of the invoice. Iat*Mt at the rate of twelve percent (121) per 4WMM 4WJ automatically accrue on delinquent invoiSsS WtJJL t#ey #sir paid, with the exception of invoices MWAmadOW t§ major emergency. s Y i2yyyy , , f�f .f • r (-Y� � f Y. Mx .�j ji'K s�l 00 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. 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 Statues, Section 768.28. However, nothing herein shall be deemed to indemnify the CITY for any liability or 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 of the limitations included within Florida Statues, Section 768.28. However, nothing herein shall be deemed to indemnify the COUNTY for any liability or claims arising out of the negligence, performance, or lack of performance of the COUNTY, its agents, officers or employees. SECTION VI 1. Access It is recognized that construction will soon begin on the Port's new five -lane, high-rise bridge, which will improve accessibility of Fire Station ;1 to the Port when Station I1 is required to back-up Port firefighting units. The COUWT hereby confirms that it shall provide free ingress and eg:*gs to CITY personnel and vehicles and holieopters enteric. of departing from the Port of Miami for the ptaWsee of execlatlN�, the provisions of this Agreement, includ e�►t 1ly .l 3 a:; o, ewRencies, fire suppressloea,#e�y t' , equipment testing.. i �I 77 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 authorise 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 scan 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 The parties may amend this Agra emisut only upon the written agreement of the parties. No amendments to this Agreement shall be binding on either party unless in writing F and by the authorized Chief Executive Officers of the City and County respectively and as approved by the City of Miami Commission and the Board of Dada County Cow.ssjeWs. Such amendments shall be incorporated as. part o Agreement, upon review, approval and eaaRutim of tho p+M hereto, except as provided for in Section I baejn. kv'�> SEG7I4N Ix NWICSB1 All notices provided by either patty v shall be deemed to be sufficisntly y R. f Psi t 3 1 Certified Mail, Return Receipt Requested and shall be sent to the Officers specified below: FOR THE CITY - CITY MANAGER Cesar H. Odio 3500 Pan America Drive Miami, Florida 33133 FOR THE COUNTY - COUNTY MANAGER Joaquin G. Avino, P.E., P.L.S. 111 N. W. First St., 29th Floor Miami, Florida 33128 SECTION X 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 herein. It is further agreed the City Manager may, from time to time, modify and adjust any or all of such fee schedules to reflect the current annual expense of these services, subject to acceptance by the County Manager in accordance with the following procedure. The City Manager shall provide a revised t schedule of fees to the County Manager sixty (60) days prior f to the effective date of such modification and the County Manager shall have thirty (30) days to agree or disagree with such modification and shall submit his response in writing. Any annual increase or increase in excess of 101 per annul shall require the prior approval of the Board of Dade County Co®issioners. The parties will use their beat efforts to agree to such revised fee schedule within such sixty day period. Such schedule will then be substituted as Appendix 1, and shall govern the cost of the services provided by the City hereunder until the City Manager may adopt another schedule on a subsequent date in the manner provided for herein. it to" agreement can be reached, either party way easeel t!►1wVr S r" contract'as set forth in Section VII hereia.pri 4y • 4 t it I IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their nuss 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. v no, . , . . County Manager Metropolitan Dade County ATTEST Clark, oar of County Coamissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney Metropolitan Dade County City of Miami a municipal Corporation of the State of Florida Cesar X. 0315, city Ramter City of Mimi ATTEST clty Gient APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ci* of lISUBAPCE AtlR0vED Insurmee City of Mimi } {{ .( i� L � j 4• Y x � K X• ,. ##hh APPENDIX 1 FEE SCHEDULE For normal or routine service including Fire Protection, Emergency Medical Services, and Fire Inspections, a monthly fee of $23.000.00 is established. 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. S. $ 200.00 per hour 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 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 4 fire fighters operating each piece of apparatus listed in items 1 and 2 above and 3 fire fighters listed in item 3 above. In the event fewer fire fighters are provided, the charge will be reduced proportionately. For the purposes of the agreement, a major ewsrgsmcf is defined as those incidents that exceed the capebilitiss of the d original multi -company dispatches. These incidents are coosider44 1 out of control and would be signified by the t of a C06 1 by the first arriving units. Not considered &*JOT 4WWfWhs j are minor fires, rescue runs, small hazardous watoarials 1wai 4 and those incidents that have been routinely bam&U d !x Cbg p"t. w The CITY will provide a monthly invoice with appropriate <j 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 deliro wnt invoices until they are paid. {i r:t3 t� 7d��1tF � F ,t a =� .;i: *,.s. •,3C '; f ;."'!f i. `_E�=^# 'S �'a•fgt '1�,��- %: - :!''N d t tic r'.- 1 •w .'( i �� '� i' t ,ya �� X, :i0. M � t '� 4! it. `� HQ' � - � .erg i �yd ~� i!P•r! � � ! �rl �.' � ! roe 9 ,y s S rK.'YyfLi'1'Ai 4 A- CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM •O The Honorable Mayor and Members OATS: of the City Commission SU§JECT rRON � REFERENCES: Cesar H. Odio ' City Manager ENCLOSURES RECOMMENDATION: J U L - 8 1988 "LE. Continuation of Contract; Fire Protection Services to the Port of Miami 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 twenty (20) year period with provision made for renewals and extensions in writing by the authorized Chief Executive Officers of the City and County, and as approved by the City and County Commissions respectively. Provision has also been made for modification to the fee schedule by the City Manager, with the concurrence of the Fire Chief, from time to time, to reflect current annual expense of fire protection services. Also, provisions have been made to charge for Worker's Compensation. Any annual increase or ineretLses in excess of 10% per annum shall require the prior approval of the County Commission. 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 pack 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 provided to Dodge Island, Luemsus Island, the Port Terminal Facility, and the new Port Bridge as follows: w. +� Firefighting equipment, material and personnel for fire suppression. N Equipment and personnel'for emergency medical aid. Equipment and personnel for fire inspection i, ar i nn n V Continuation of Contract; Fire Protection 3erviees to the Port of Miami page 2 A minimum monthly fee of $23,000 is charged for equipment and personnel including Worker's Compensation charge required to provide routine services and protection in accordance with the City's standard operating procedures. In the event of a major emergency, additional charges are assessed as prescribed in the agreement. 11 r 3, vk } Qi M1� r •r 1 I - ty S i .i61 � L ' k { tTy •�-� :tee '. '. � Y.r