HomeMy WebLinkAboutR-85-0917RESOLUTION NO. 85-91- .
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, TO THE AGREEMENT
BETWEEN THE CITY AND 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 AS OUTLINED UNDER THE
ORIGINAL AGREEMENT OF DECEMBER 20, 1983, AND
TWO SUBSEQUENT LETTER MODIFICATIONS BETWEEN
THE PARTIES DATED FEBRUARY 28, 1984, AND
FEBRUARY 29, 1984.
WHEREAS, Dade County has requested the continued fire,
rescue and fire inspection services to 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 continuing to provide
such services for the Port of Miami on a long term contract basis
and has negotiated such an agreement; and
WHEREAS, Dade County desires to continue to engage the
City of Miami to implement such services on an interim basis
until such time as a permanent facility is constructed and a long
term agreement is negotiated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an Amendment, in substantially the form attached hereto,
to the December 20, 1983 Agreement, as amended, between the City
of Miami and Metropolitan Dade County for engagement of the City
of Miami to provide fire, rescue and fire inspection services in
CITY COMMISSION
MEETING OF
SEP 12 05
connection with the operation of the Port of Miami, in accordance
with the terms and conditions as outlined under the Original
Agreement of December 20, 1983, and two subsequent letter
modifications between the parties dated February 28, 1984, and
February 29, 1984.
PASSED AND ADOPTED this 12th day of SEPTEMBER , 1985.
At
MAURICE A. FERRE
M A Y O R
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
APPROVED AS TO-A;aM AND CORRECTNESS:
A
ON �.
LAW #85-256
AMENDMENT NO. 1
An Amendment entered into this day of 1985
to an Interim Agreement for Fire, Rescue and Fire Inspection
Services at the Port of Miami dated December 20, 1983, between
the City of Miami, a municipal corporation of the State of
Florida (hereinafter referred to as the CITY) and Dade County, a
political subdivision of the State of Florida (hereinafter
referred to as the COUNTY).
WHEREAS, Dade County has requested the continued fire,
rescue and fire inspection services to 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 continuing to
provide such services for the Port of Miami on a long term
contract basis and has negotiated such an agreement; and
WHEREAS, Dade County desires to continue to engage the
City of Miami to implement such services on an interim basis
until such time as a permanent facility is constructed and a long
term agreement is negotiated;
NOW, THEREFORE, the parties agree to amend this
Agreement as follows:
Part III; TERM is hereby amended to read as follows:
PART III
TERM
This Agreement shall commence December 15, 1982, and
shall terminate October 15, 1987.
IT IS FURTHER UNDERSTOOD THAT ALL THE CONDITIONS
OUTLINED UNDER THE ORIGINAL AGREEMENT OF DECEMBER 20, 1983,
ATTACHED AND INCORPORATED HEREIN AS EXHIBIT A, AS WELL AS TWO
85-91`,
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SUBSEQUENT LETTER MODIFICATIONS BETWEEN THE PARTIES DATED
FEBRUARY 28, 1984, AND FEBRUARY 29, 1984, WHICH ARE ATTACHED AND
INCORPORATED HEREIN AS EXHIBITS B AND C RESPECTIVELY, SHALL
REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION EXCEPT TO
THE EXTENT MODIFIED HEREIN.
IN WITNESS WHEREOF the parties have caused this
Amendment to be executed by the respective official thereunto
duly authorized this the day and year first above written.
Dade County, a political
subdivision of the State
of Florida
MERRETT STIERHEIM
County Manager
Metropolitan Dade County
City of Miami, a municipal
corporation of the State
of Florida
SERGIO PEREIRA,
City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By
ROBERT A. GINSBURG
County Attorney
Metropolitan Dade County
ATTEST:
Clerk, Board of County
Commissioners
ATTEST:
RALPH G. ONGIE
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS;
By
LUCIA A. DOUGHERTY
City Attorney
City of Miami
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SUBSEQUENT LETTER MODIFICATIONS BETWEEN THE PARTIES DATED
FEBRUARY 28, 1964, AND FEBRUARY 29, 1984, WHICH ARE ATTACHED AND
INCORPORATED HEREIN AS EXHIBITS B AND C RESPECTIVELY, SHALL
REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION EXCEPT TO
THE EXTENT MODIFIED HEREIN.
IN WITNESS WHEREOF the parties have caused this
Amendment to be executed by the respective official thereunto
duly authorized this the day and year first above written.
Dade County, a political
subdivision of the State
of Florida
MERRETT STIERHEIM
County Manager
Metropolitan Dade County
City of Miami, a municipal
corporation of the State
of Florida
SERGIO PEREIRA,
City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ATTEST:
Clerk, Board of County
Commissioners
ATTEST:
RALPH G. ONGIE
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS;
By By
ROBERT A. GINSBURG LUCIA A. DOUGHERTY
County Attorney City Attorney
Metropolitan Dade County City of Miami
85-91r6
SUBSEQUENT LETTER MODIFICATIONS BETWEEN THE PARTIES DATED
FEBRUARY 26, 1984, AND FEBRUARY 29, 1984, WHICH ARE ATTACHED AND
INCORPORATED HEREIN AS EXHIBITS B AND C RESPECTIVELY, SHALL
REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION EXCEPT TO
THE EXTENT MODIFIED HEREIN.
IN WITNESS WHEREOF the parties have caused this
Amendment to be executed by the respective official thereunto
duly authorized this the day and year first above written.
Dade County, a political
subdivision of the State
of Florida
MERRETT STIERHEIM
County Manager
Metropolitan Dade County
City of Miami, a municipal
corporation of the State
of Florida
SERGIO PEREIRA,
City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By
ROBERT A. GINSBURG
County Attorney
Metropolitan Dade County
ATTEST:
Clerk, Board of County
Commissioners
ATTEST:
RALPH G. ONGIE
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS;
By
LUCIA A. DOUGHERTY
City Attorney
City of Miami
85-91":
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"EXHIBIT A"
INTERIM AGREEMENT BETWEEN DADE COUNTY AND
THE CITY OF MIAMI FOR FIRE, RESCUE AND FIRE
INSPECTION SERVICES AT PORT OF MIAMI
THIS AGREEMENT, entered into this V-- day of
1963; by and between Dade County, a political
subdivision of the State of Florida, and the City of il',iami, a
municipal corporation of the State of Florida.
WHEREAS, Dade County has requested certain fire, rescue and
Lire 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 long term contract basis and
have been negotiating such an agreement; and
WHEREAS, Dade County desires to engage. the City of Miami to
implement such services on an interim basis until such time as a
permanent facility is constructed and a long term agreement is
negotiated;
NOW, THEREFORE, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
PART I.
DEFINITION PURPOSE
A. Definitions
1. "COUNTY" means Dade County.
2. "CITY" means City of Miami.
3. "FIRE DEPARTMENT" means the City of Miami Depart—
ment of Fire, Rescue and Inspection Services.
i
4. "PORT" means the Port of Miami and shall include
Dodge Island, Lummus Island and the Port Terminal
Facility.
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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 II of
this Agreement.
PAR'!' 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:
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.
PART III.
TERM
This Agreement shall commence December 15, 1982 and shall
terminate October 15, 1985.
PART IV.
COMPENSATION
A. CITY will charge a minimum monthly fee of $15,000
commencing December 15, 1982. This charge for fire,
rescue and inspection services shall be for equipment
and personnel required to provide routine service and
protection, as necessary, in accordance with CITY
Standard Operating Procedures.
B. In the event of a major emergency, as determined by the
City of Miami Fire Chief, the following fee schedule,
in addition to the minimum monthly fee of $15,000,
shall be in effect:
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1) $1,200 per hour per Aerial Company
2) $900 per hour per Pumper Company
3) $G00 per hour per Advanced Life Support
Rescue Company
4) $300 per hour per Air Truck
5) $200 per hour per man for special equipment
(Foam 3, Fireboat, District Chief, etc.)
For t•he 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 all those incidents that have been
routinely handled in the past.
C. The charges as set forth in items 1 through 5 above
shall be the maximum hourly rates for equipment and
personnel with the time for such charges to be calcu-
lated 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.
D. The CITY will provide a monthly invoice with appro-
priate documentation as required. The COUNTY shall
mate payment within thirty (30) days of receipt of the
invoice.
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PART V.
INSURANCE
In addition to the sums otherwise provided for in this
agreement, the County agrees to pay the City for the cost of
insurance up to $50,000.00 per year for the purpose of providing
insurance as specified by the Director of Finance of the City of
0
iiiiami.
ighere it shall appear economically advantageous to the
parties hereto for the County to purchase such insurance, end
where such purchase is permitted by law, then the County shall
purchase such insurance on behalf of the City. Nothing in this
part shall preclude either the City or the County from including
till Cr��'.'2r3gJ r?qUlt'?d h'J t}715 part In any policy On policies Or
insurance which may be in force on behalf of either.
PART VI.
A. Water Supply on Lummus Island
Acknowled3Ament is made by both parties that the issue
of availability of water on Lummus Island is currently
being addressed. The
Port has
initiated
negotiations
wit:' Miami Dade water
and Sewer
Authority
to provide
the water mains required. Final plans for the proposed
project, which is estimated to cost.2.5 million
dollars, will be completed by March 15, 1984. It is
further expected that construction will commence by
April 15, 1984. These plans include tying in the loop
between Virginia Key, Fisher Island, Lummus Island and
Dodge Island. Additionally, by April 15, interim water
distribution across Lummus Island will be provided in
the form of salt water equipment and pumping stations.
In this regard, CITY shall be allowed to ascertain
whether or not the temporary system is compatible with
the Fire Department's firefighting needs, and COUNTY
will agree to make any adjustments deemed necessary to
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the temporary system to meet firefighting needs.
E3. Interim Fire Station Facilities
It is agreed that a site and plans for an interim
facility, approved by the Fire Department, to be
located on the Port, will be completed by April 15,
1964, with the facility to be available for use by the
FIRE DEPARTMENT personnel by October 1, 1984. With
respect to the interim facility, the FIRE DEPARTMENT
acknowledges that the $15,000 monthly fee will be
sufficient to provide for salaries, fringes and
training for its employees, until such time as a
permanent facility has been constructed.
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4. AcCPss
It is recognized that construction will soon begin on
the Port's new six -lane, high-rise bridge, which will
improve accessibility of Fire Station 11111 to the Port
when Station nl is required to back-up Port fire-
fighting units.
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5. In the event the County does not adopt a Fire Pre-
vention and Safety Code for the Port of Miami including
the same provisions as exist in the City of Miami Fire
Code, with exceptions approved by the City of Miami
Fire Chief within four months from the date of the
signing of this agreement, then the agreement may be
terminated by the CITY.
6. Fire Inspection
(a) CITY agrees to provide fire inspection services on
the Port property.
(b) During the first four months from the signing of
this Agreement, the Por t' s Safety Officer and
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Operations Staff will maintain liaison with City
fire inspectors and will utilize.provisions within
the Port Tariff No. 10 for the enforcement of the
Fire Code, as requested by City inspectors. In
clarification, CITY will inspect Seaport facili-
ties, then contact Port Safety and Operations
Staff or COUNTY fire inspectors, who wi11, in
turn, notify the appropriate parties of any
violations and take appropriate enforcement
measures.
(c) COUNTY further agrees to take the necessary action
within four months from the signing of this
agreement to authorize and empower designated
CITY inspectors to enforce the fire code within
the COUNTY's exclusive jurisdiction at the PORT.
PART 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.
PART VIII.
AMENDMENTS
The parties may amend this Agreement upon agreement of the
parties. No amendments to this Agreement shall be binding on
either party unless in writing and signed by both parties. Such
amendments shall be incorporated as part of this Agreement, upon
review, approval and execution of the parties hereto.
WITNESS our Hands and Seals on this g2:Z day of
13
t
[�CCCl�7i�F�► 1963.
Dade County, a political
subdivison of the State of
Florida
itkRT' Er STiE RHE II.1, Cou,_ ny ilanager
I'1eti;opol itan Dade County
City of Miami, a municipal
Corporation of the State of
Florida
HOWARD V. GARY Q City Manager
City of Miami ��JJ
ATTEST: '•v Si ATTEST:
. ,. O 1
Clerk, Board of County ti,= ��� Cit lerk
Commissioners
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ooert,rA. Ginsbura /,i�ty
R. Garcia -Pedrosa
�J County Attorney Attorney
Metropolitan Dade Ccunty of Miami
JJC/wpc/ab/063
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(SEAL)
@5-917
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE SGP 0 5 1985 FILE:
of the City Commission
FROM, Sergio Pereira
City Manager
W
SUBJECT Amendment to Agreement Between
the City and Dade County:
Fire -Rescue Services to
Port of Miami
REFERENCES: For City Commission Meeting
ENCLOSURES:of September 12, 1.985
It is recommended that the attached
amendment to agreement between the City
of Miami and Metropolitan Dade County,
in continuation of the City of Miami
providing Fire, Rescue ,and Fire
Inspection Services in connection with
the operation of the Port of ;Miami, be
approved.
The attached amendment to original agreement, dating back to
December 20, 1983, is for the continuation of fire, rescue and
fire inspection services rendered to the Port of Miami by the
City of Miami Department of Fire, Rescue and Inspection
Services.
The original agreement provided for the City of Miami to provide
said services, which are the responsibility of the County to
provide, on an interim basis until such time as a permanent
firefighting facility is constructed and a long-term agreement
is negotiated. Services under the agreement are provided to
Dodge Island, Lummus Island and the Port Terminal Facility as
follows:
o Firefighting equipment, material and personnel for fire
suppression.
o Equipment and personnel for emergency medical aid.
o Equipment and personnel for fire inspection.
A minimum monthly fee of $15,000 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.
85-91``d
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