Loading...
HomeMy WebLinkAboutR-88-0147Im d-88-172 2/17/88 RESOLUTION No. 88-147. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MITER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADS 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; FURTHER PROVIDING THAT THIS AGREEMENT SUPERSEDES PRIOR INTERIM AGREEMENTS AND AUTHORIZES THE CITY MANAGER TO MODIFY THE FEE SCHEDULE BEING CHARGED FOR SUCH SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. WHEREAS, Dade County desires to continue the City's implementation of certain fire, rescue and fire inspection services being 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 until such time as a permanent facility is constructed; and WHEREAS, the previous contract between the City and County expired on October 15, 1987 and the City is desirous of continuing to provide such fire, rescue and inspection services to the Port - of Miami; and WHEREAS, the City Manager recommends the execution of the herein agreement in substantially the form attached; 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 incorporated herein as if fully set forth in this Section. - Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, 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. The herein authorized agreement with Metropolitan Dade County shall supersede and -- CITY COMIJIISSION MEETING OF FEB 18 1988 4 • ..;,► gs; :,. RESOLUTION No. ..�.. •ffYD- i nullify any prior Interim Agreements, as amended, in regard to this subject matter. Section 3. 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 and, with the concurrence of the Fire Chief, is additionally authorized to establish such changes in the fee service schedule appended to the agreement as may be required in the interest of the City of Miami. Section 6. Any amendments to this contract, excluding fee schedule modifications, shall require City Commission approval. PASSED AND ADOPTED this 18th day Of „Fe bruary �,1988. ATTE : NATTY HIRAI, CITY CLERK BUDGETARY REVIEW AND APPROVAL: FRANK R. MAY efiCTING DIRECTOR MANAGEMENT BUDGET FINAN IAL REVIEW AND APPROVAL: C E. GARCIA. DIRECTOR FIN E DEPARTMENT PREP ED AND APPROVED BY: �• 0044 ROBBRT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED XS/tO FORM V CORRECTNESS: , CITY ATTORNEY RFC:bss:M627 XAVIER L. SUAAZ, MAYOR -2- 8 "47, C 7 % "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 that certain fire, rescue and fire inspection services being 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 which services for the Port of Miami have been provided in the past on a contractual basis by the City of Miami; and WHEREAS, Dade County desires to engage the City of Miami to continue implementing 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 f 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; WHEREFORE, 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. "FIRS 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 Faoility, and the Port Bridge after the County receives title to such land. Page 1 88-147. 10*4 It "MMISIT A" AGREEMENT 139TWERS DADS 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 that certain fire, rescue and fire inspection services being 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 which services for the Port of Miami have been provided in the past on a contractual basis by the City of Miami; and WHEREAS, Dade County desires to engage the City of Miami to continue implementing 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; WHEREFORE, 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 Facility, and the Port Bridge after the County receives title to such land. Page 1 88-147, 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 Part 11 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 COMITY for the Port of Miami: a. Firefighting equipment, material and personnel for fire suppression purposes. b. Equipment and personnel for emergency medical aid purposes. o. 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 oommenoe October 18, 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 18, 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. Page 2 88--147. 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 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, 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 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 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. R. 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 delinquent invoices until they are paid, with the exception of invoices billed =der Section C, major emergency. Page 3 88-147, 0014 1*06* 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 charges. SECTION V INDEMNIFICATION COUNTY shall indemnify and save harmless the CITY from any and all claims, liability, losses and causes of action, 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 or claims arising out of the negligence, performance, or lacy of performance of the CITY. 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 it to the Port when Station #1 is required to backup 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, inoluding, 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. Page 4 8"47Y i (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 be binding on either party unless in writing 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 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 8 herein. SECTION I8 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: Page 6 FOR THE CITY - CITY MANAGER Cesar H. Odio 3800 Pan American Drive Miami, Florida 33133 FOR THE COUNTY - COUNTY MANAGER 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. The City Manager shall provide a revised schedule of fees to the County Manager sixty (60) days prior 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 increases in excess of 10% per annum shall require the prior approval of the Hoard of Dade County Commissioners. The parties will use their best 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. If no agreement can be reached, either party may cancel this contract as set forth in Section VII herein. Page 6 88-14'7, r � , IN WITNESS WnRzOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized Officers and Principals, attested by the respective City and County Clerk on the day and year first herein above written. Dade County, a political subdivision of the State of Florida County Manager Metropolitan Dade County ATTEST Clerk, Hoard of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney Metropolitan Dade County RPC:bss:M109 Page 7 City of Miami, a municipal Corporation of the State of Florida City Manager City of Miami ATTEST City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney City of Miami INSURANCE APPROVED insurance Manager City of Miami 819-14`7 o APPENDIX 1 PER SCHEDULE For normal or routine service including Fire Protection, Emergency, Emergency Medical. and Fire Inspections, a monthly fee of $20,000.00 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 sohedule, 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. 8. $ 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 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 Items 1 and 2 above and three (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 emergency is defined as those incidents that exceed the capabilities of the original multi-oompany 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 fire. rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past. 1 Page 1 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. Page 2 8-14 CITY OF MIAW FLORIDA INTER -OFFICE !MEMORANDUM Honorable Aagor and Members =ATE February 18, 1988 _E Of the CSAy1Commission SUBJECT � City Commission Meeting February 18, 1988 T rgOM Luc a A. ough rty MEFERENCES Agenda items #15, #25, �}�ss Ci* Attorney #26 and •52; Non -Agenda ENCLOSURES Item amending Ord. #10272 C1) The following information and material should be considered by you in your deliberations at today's Meeting: Agenda Item #15 (J-88-160) [resolution entering into an agreement with consultants for implementation of an Employee Suggestion Program] This item as distributed has been modified to reflect that the agreement with Canon, Stierheim, Busutil Management Consultants shall be for a period of one year instead of two years. The modified agreement reflects that the maximum compensation, in addition to a base fee of $11,500 shall be the sum of $38.500 but not less than the sum equal to 15% of the net savings or revenues generated by any employee suggestions which the City implements. NOTE: At the time the Consent Agenda is voted upon, if this Item (#15) is not removed from the Consent Agenda and considered separately. there should be an announoement made by the Mayor that Item #15 is being voted upon 'as modified'. Agenda Item #25 (J-88-156) [Emergency Ordinance amending City Code by increasing composition of Downtown Development Authority Board and changing voting status of City Manager and County Manager] This item as distributed has been modified to be consistent with the acceptable word processing format used for amending ordinances. Agenda Item 026 (J-88-157) [resolution appointing and reappointing individuals to the Downtown Development Authority Board] This item as distributed has been modified to be consistent with the acceptable word processing format used for appointing and reappointing individuals to City Boards. l98-14'7 88-147. Mayor and M ambers of the City Commission February 18., 1988 Page 2 agenda Item •52 (4-88-152) [Resolution authorizing an agreement to provide fire, rescue and inspection services for the Port of Miami] This item an distributed contains redundant material in the preamble to the resolution and the attaohed agreement. No substantive ohanges were made in either the resolution or proposed agreement. Agenda item #51 (J-88-177) [Resolution authorising a grant in support of a recreational and information services program at Maximo Gomez Park, to be operated by Little Havana Development Authority, Inc.] This item as distributed has been modified to reflect the use of the word "projeot" instead of the word `purpose` in oonneotion with the allooation of monies for the completion of the park project. NON -AGENDA ITEM: (J-88-181) Emergency Ordinance No. 10272. adopted May 14. 1987, provided for the authorization to issue General Obligation Refunding Bonds not to exoeed $40,000,000, previously issued in oonneetion with the City's Fire Fighting. Fire Prevention and Re3soue Faoilities Bonds, Police Headquarters and Crime Prevention Facilities Bonds, Storm Sewer Improvement Bonds, Sanitary Sewer Systems Bonds and Streets and Highway Improvements Bonds. It has been recommended by Bond Counsel and we have been requested by the Finance Direotor to present for your consideration the attaohed proposed emergency ordinance to correct language that identifies the "original purchasers" of such authorized refunding bonds and to clarify the defeasance provisions of the refunding bonds. LAD:RFC:bss:P510 co: Cesar H. Odio, City Manager Natty Hirai, City Clerk Carlos Smith. Assistant City Manager C. H. Duke, Chief. Fire. Rescue and Carlos E. Garcia. Finanoe Director Peter Andolina, Downtown Development John C. Copelan, Jr.. Assistant City Inspection Services Authority Attorney 88-14'7 88-14'7. 52 CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM ro. The Honorable Mayor and Members DATE: of the City Commission tG SUBJECT: Continuation of Contract; Fire Protection Services to the Port of Miami FROM: Fj i.. REFERENCES: Cesar H. Odio b: 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 5e12-! 88-14'7. ----------- -- r 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. 88-147.