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HomeMy WebLinkAboutR-84-0036/A. J-84-3 1/Z6/84 rr/D-6 RESOLUTION NO. S&I-36 A RESOLUTION AUTHORIZING AND DIRLCTING THE CITY MANAGER TO ENTLR INTO AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR ENGAGEMENT OF THE CITY OF MIAMI TO PROVIDE FIRE, RESCUE AND FIRE: INSPECTION SERVICES IN CONNECTION WITH THL OPERATION OF THE PORT OF MIAPlI, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SEI FORTH IN THE ATTACHED AGREEMENT. WHEREAS, Dade County has requested that certain fire, rescue and fire inspection services he 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 providinq such services for the Port of Miami on a Ionq term contract basis and has been negotiating such an agreement; and WHEREAS, Dade County desires to engaqe the City to implement such services on an interim basis until such time as a permanent facility is constructed and a I o n q term agreement is negotiated; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. 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. PASSED AND ADOPTED this 26th day of January , 1984. Maurice A. Ferre tI "E 5 T(:7� 6z7-� A G. ONGI , CITY I CITY COPJIN%I S)SION � her/—�•t T -: �- i-�r+ J AN 19 1984 wt lu , 84-:36 [REMARKS. J PREPARED AND APPROVED BY: R DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4 A A- L SA Y ATTORNEY -2- 54-36 INTERIM AGREEMENT BETWEEN DADE COUNTY AND THE CITY OF MIAMI FOR FIRE, RESCUE AND FIRE IijSPLCTiON SERVICES AT PORT OF MIAMI THIS AGREEMENT, entered into this day of , 1983; 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. tiHEREAS, 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 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 oermanent faci 1 i ty i c �� .: �E �,;4 �. ±v.-,.j tcriu a91:eeT1&r1L is negotiated; P. 2vOW, 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. 4. "PORT" means the Port of Miami and shall include Dodge Island, Lummus Island and the Port Terminal Facility. 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. 84E-36, /A, PART 1I. SCOPE OF SERVICE The CITY agree-:, 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, 1962 and shall terminate October 15, 1985. PART IV. C NPE! GLT10 A. CITY will charge a minir-,um 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: 1) $1,200 per hour per Aerial Company 2) $900 per hour per Pumper Company 3) $600 per hour per Advanced Life Support Rescue Company 4) $3U0 per hour per Air Truck 5) $200 per hour per man for special equipment (Foam 3, Fireboat, District Chief, etc.) 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 84-36 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. Thehourlycharges shall be prorated for fractional parts of an hour. Such charges are based upon at least 4 fire tignters operating each piece of apparatus listed in items 1 and 2 above and 3 fire fighters listed in item 3 above. In the event tewer tire fighters are provided, the charge will be reduced proportionately. U. The CITY will provide a monthly invoice with appro- priate documentation as required. The COUNTY shall make payment within thirty (30) days of receipt of the invoice. 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 Miami. Where it shall appear economically advantageous to the parties hereto for the County to purchase such insurance, and 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 the coverage required by this part in any policy on policies or insurance which stay be in force on behalf of either. 84-36 PART VI. A. Water Supply on Lummus Island Acknowledgement is made by both parties that the issue of availability of water on Lummus Island is currently being addressed. The Port has initiated negotiations with Miami Dade grater 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 wi]l 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 w}hpther or not the to:r, vrary zyc- can nn.n.-�` i';:�L the Fire Department's firefighting needs, and COUNTY will agree to make any adjustments deemed necessary to the temporary system to meet firefighting needs. B. 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, 1984, 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. - Y - 84-w36 C. Access 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 t1 to the Port when Station #1 is required to back-up Port fire- fighting units. D. 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 thb date of the signing of this agreement, then the agreement may be terminated by the CITY. E. 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 Port's Safety Officer and Operations Staff will maintain liaisop 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 will, 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. 84-36, 4. r• 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. tiITNESS our Hands and Seals on this day of , 1983. Dade County, a political City of Miami, a municipal subdivison of the State of Corporation of the State of r-1 ` � F lut idd a 1 MERRETT STIERHEIM, County Manager HOhARD V. GARY, City manager Metropolitan Dade County City of Miami ATTEST: ATTEST: Cleric, Board of County City Clerk Commissioners APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: Robert A. Ginsburg Jose R. Garcia -Pedrosa County Attorney City Attorney Metropolitan Dade County City of Miami JJC/wpc/ab/063 (SEAL) 38"- 04 i To: Howard V . Gary City Manager CITY OF MIAMI. FL OR10A INTEROFFICE MEMORANDUM DArc December 22, 1983 MUL suajEcT: Agreement between Dade County and the City of Miami; Fire Rescue Services to Port of Miami FROM: C. D. Fabya , Deputy Chief REFERENCES: For City .Commission Meeting Acting Director of January 12, 1984 Fire, Rescue and Inspection ENCLOSURESt 2 Services Department It is recommended that the attached agreement between Metropolitan Dade County and the City of Miami, en- gaging the City of Miami to provide .� Fire, Rescue and Fire Inspection Services in connection with the operation of the Port of Miami, be approved. The attached agreement 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, is in response to a Development Order for Expansion of the Port of Miami. Dade County desires to engage the City of Miami to imple- ment said services on an interim basis until such time as a permanent facility is constructed and a long-term agreement is negotiated. In accordance with the terms of the agreement, the City of Miami Department of Fire, Rescue and Inspection Services will provide services to Dodge Island, Lummus Island, and the Port Terminal Facility, as follows: Firefighting equipment, material and personnel for fire suppression purposes. Equipment and personnel for emergency medical aid purposes. Equipment and personnel for fire inspection purposes. The agreement commences December 15, 1982, and will termi- nate October 15, 1985. A minimum monthly fee of $15,000, commencing December 15, 1982, will be charged for equipment and personnel required to provide routine services and protection, as necessary, in accordance with the City's standard operating procedures. In the event of a major emergency, additional charges will be assessed as prescribed in the agreement. CDF:TLM:mm 84-36 A A C &0 .. W (a Mmfiu, Mr. Sergio Pereita Assistant to County Manager Metropolitan Dade County 73 West Flagler Street . Miami, Florida 33130 JOSS R. GARCIA640ROSA Atromtly December 23, 1983 Re: Interim Agreement between Dade County and City of Miami re Port of Miami Dear Mr. Pereira: Transmitted herewith please find three original copies of the amended Interim Agreement which the Fire Department has requested that I forward to you for signature. Mr. Tom McClean of the Fire Department requested that I directly forward the 3 original copies to you for your review and for review by the County Attorney's office. I understand that two paragraphs of the Interim Agreement were deleted by the County Commission on December 20, 1983, and we have amended the Agreement to accomplish that end.. Very truly yoffrs , -JOHN J. COPE ,, JR. JJC/fl Deputy City Attorney ENCLS (31 c Stephen Lee, Asst. County Attorney cc: Chief Dan Fabyan, Miami. Fire Dept. P.S. Please return the subject Agreements to Chief Dan Fabyan of the City of Miami Fire Department after the Agreement has been executed by the County. Thank you for your cooperation and assistance and best wishes during the holidays. John J. Copelan, Jr. Deputy City Attorney OFFICE OF THE CITY ATTORNEY / 169 E. Flagler Street / Miami, Florida 33131 / (305) S79-6700 84-36.