HomeMy WebLinkAboutR-88-032200% ON
J-88-310
4/14/88
RESOLUTION NO. 040
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER To ENTER INT;' AN AGREEMENT WITH
METROPOLITAN DADE COUNTY FOR ENGAGEMENT OF
THE CITY OF MIAMI TO PROVIDE FINE, 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 ADDITIGNAL
CONDITION OF A WORKER'S COMPE14SATION
INDEM14ITY CLAUSE; FURTHER PROVIDING THAT THIN
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 is set to expire 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 engage the
City of Miami to provide such services; and
CITY COMMISSION
_ pp!! MEETING OF
f��7Z.4APR 14 1986
RESOLUTIUN No.�7��"—�
WHEREAS, the City Commission, through the adoption of
Resolution p8$-147, 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.
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88-320-
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Section 5. 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 this14 day of, April ,fib.
ATT T
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROB RT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
�I
APPROVED S' TO FORM & CORRECTNESS:
DOUGH)IRTY, CITY ATTO
w
EIR L. SUA EZ,
Page 3
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76
A
"EXHIBIT A"
AGREEMENT BETWEEN DADE COUNTY AIJD ': ?iE ':TY ':"F ','.TAM!
FOR FIRE, F;ES�)CUE AND FIRE-,NSFE?'::-EFVT",.,.
AT THE PORT -)F MIAMI
THIS AGREEMENT, _ntered into this .iay ()f ,
1987; by and between Lade County, a politicai subdivision of the
State of Florida, and the City of' 'Miami, � municipal :orporation
of the State of Florida.
WHEREAS, made ;:ounty has requestea certain fire, rescue and
fire inspection services be performed by the _-ity of Miami in
connection with the operation of the Port ,f 'riami 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 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
contractual undertakings by superseding 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 premises 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" means the City of Miami
Department of Fire, Rescue and Inspection Services.
4. "PORT" means the Port of Miami and shall include
Dodge Island, Lummus Island, the Port Terminal
Page 1 A8-322
Facility, and the Port Bridge after the _'ounty
receives title to such 'Land.
B. Purpose
The purpose of this Agreement is to state t!:e terms and
conditions under which the City of Miami will provide fire,
rescue and fire inspection services as set forth in Part II
of this Agreement.
.;ECTION 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 twenty
(20) years. The term of this agreement shall commence
October 15, 1987 and shall terminate on October 15, 2007.
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, 1987. This charge for fire, rescue and inspection
services shall be for equipment and personnel required to provide
routine services and protection, as necessary, in accordance with
CITY Standard Operating Procedures.
Paqe 2
88-322
IP a
B. :n the event of a majr:r-mereency, as firmer jescribed
in this section, in idditi_.n .o '.he minimum :onth:v :tee n
3daitional major emerrenc%: fee ;pt forth in the :ittac! ed fee
schedule shall be in operati•:e f:,,rce and effect.
For the purposes ;, `he :grf,,ment, � ryaicr ---ierjency is
defined as those incidents that exceed the capabilities ,f the
orii;inai multi -company li patches. These ineilent 3 are
considered out of control and would be signified by the
announcement of -i Code I ty the "first arriving :nits. 'Jot
considered major emergencies are minor fires, rescue runs, small
hazardous materials incidents and those incidentz that :ave been
routinely handled in the past, elsewhere in the City of Miami, by
its Fire Department, by routine custom and practice.
C. For the purpose of invoicing, in the event of a major
emergency, as defined in Faragraph 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 mall 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 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
SS-32^-
Page 3
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delinquent invoices anti1 they are tai:, with the Pxception .f
invoices tilled ,ender .3ection C, maior mergencv.
y. the fee 3cheaul-� -1ttacne1 13 :1ppeniix 'o thir,
Agreement as 'hough oet forth in .` i1 in this agreement iv
expressly inccrporated t-y reference _erein Ana :o deemed to be
recited herein as a section of this rcntract. The fee schedule
prescribes and sets forth the rates :no cnarres for the fire,
rescue and inspection charges.
0ECT:UlN V
INDEMNIFICATION
COUNTY snall indemnify and save t-:armless 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 768.2d, providing however, that the County shall
indemnify, save harmless and defend the City for workers'
compensation claims arising under the workers' Compensation Law,
Chapter 440, Florida Statutes, by virtue of any accident,
disability or death resulting from services performed under this
agreement at the Port of Miami. The County reserves the right to
defend and controvert such claims, in its discretion, on account
of and in the name of the City, but the County shall pay all
compensation claims accepted administratively by the County Risk
Manager or which are ordered by a Deputy Commissioner, absent an
appeal of such order. 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 Statutes,
Section 768.28. However, nothing herein shall be deemed to
fl9-322
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indemnify the C.-UNTY for any liability or ,:aims arising out of
the negligence, performance, or lacK zerformance 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 :3tation 01 to the Port when Ztation #1 is
required to back-up Port firefighting units. The COUNTY hereby
confirms that it shall provide free 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.
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16 IS
SECTIO14 ' III
AMENDMENTS)
The parties may amend this Agreement --niy .per, the written
agreement of the parties. No amendments to this Agreement shall
be binding on •_ither party unless in writing ind by the
authorized Chief Executive )fficers (.;f the :ity and County
respectively and as approved by the �ity ami ;ommission and
the Board of Dade County Commissioners.
Such amendments snail be incorporates as part of this
Agreement, upon review, approval and execution of the parties
hereto, except as provided for in Section X herein.
SECTION IX
NOTICES
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:
FOR THE CITY - CITY MANAGER
Cesar H. Odio
3500 Pan American Drive
Miami, Florida 33133
FOR THE COUNTY - COUNTY MANAGER
Sergio Pereira
111 N.W. First Street, 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.
Page 6 A8--320-
The City Manager shall provice : revised schedule r�f fees to the
,ounty "anager sixty 'A) days Prior `.c the effective :ate cf
such 7:odification and the ',un',,; 'ranawer .;hall :ave —.-rty 30)
days to agree or disagree with such modification and =hail submit
his response in writing. Any annual increase r .ncreases in
excess of 10% per annum shall require the prior approval Df the
Board of �--)ade County C-cmmissicners. The parties will .ce their
best efforts to agree to such revised fee schedule within such
sixty .ay period. :such scheouie will then be substituted as
Appendix 1, and shall govern the cost of the services provided by
the City hereunder until the :ity Manager may adopt another
schedule on a subsequent date in the manner provided for herein.
If no agreement can be reachea, either party may cancel this
contract as set forth in Section VII herein.
A.N WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their duly
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 City of Miami, a municipal
subdivision of the State of Corporation of the State of
Florida Florida
Sergio Pereira, County Manager Cesar H. Odio, City Manager
Metropolitan Dade County City of Miami
ATTEST ATTEST
Clerk, Board of County City Clerk
Commissioners
APPROVED AS TO FORM AND APPROV TO FORM AND
LEGAL SUFFICIENCY LEGIL FICIENCY
County Attorney C XyAttorn y
Metropolitan Dade County City of Mi mi
IN AN A JTr I
ns ranee ianager
City of Mami
pane 7
WCITY OF MIAMI. FLORIDA
23
INTER -OFFICE MEMORANDUM
To The Honorable Mayor and Members DATE mAR 3 i 1930 FILE
of the City Commission
suuECT Continuation of Contract;
Fire Protection Services
to the Port of Miami
FROM Cesar H. Odio REFERENCE!
City Manager
ENCLOSURES
RECOMMENDATION:
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. Any annual increase or
increases 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 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 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
CPS -I
C�
Continuation of Contract; Fire
Protection Services to the Port of Miami
February 9, 1988
page 2
A minimum monthly fee of $20,000 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, additional charges are assessed as
prescribed in the agreement.
t -, - -- -, 1 �: 7--!!! �
Cj" OR MIAMI. FLORIDA
INTtR4"ICE MI MORANDVM
to The Honorable Mayor and Members DAtt MAR 3 11988 "`e
of the City Commission
•USACT Revised Agreement/Fire
Protection Services to the
Port of Miami
FROM Cesar H. Odi RESEftl.ccsPrevious Memorandums;
City Manager City Commission Meeting of
February 18, 1988
Substantive change with reference to indemnification coverage has
been made to the proposed agreement between the City of Miami and
Metropolitan Dade County for provision of fire, rescue and inspection
services to the Port of Miami.
The change in the agreement simply adds a standard reciprocal clause
that the City will indemnify and save harmless the County.
L