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HomeMy WebLinkAboutR-07-0478City of Miami Legislation Resolution: R-07-0478 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01078 Final Action Date: 9/11/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE COUNTY HEALTH DEPARTMENT, FOR USE OF THE ORANGE BOWL STADIUM AND/OR THE COCONUT GROVE EXPO CENTER, ON AN AS -NEEDED BASIS AND SUBJECT TO AVAILABILITY, FORA TERM OF ONE-YEAR, FOR THE PURPOSE OF PROVIDING QUARANTINE SHELTERS FOR THE COMMUNITY'S PROTECTION FROM UNSAFE CONDITIONS THAT POSE A THREAT TO PUBLIC SAFETY AND HEALTH IN THE SOUTH FLORIDA AREA; PROVIDING FOR A WAIVER OF THE BASIC USE FEE ASSOCIATED WITH SUCH USE; FURTHER PROVIDING FOR TERMINATION BY EITHER PARTY BY PROVIDING NO LESS THAN THIRTY (30) DAYS ADVANCE WRITTEN NOTICE. WHEREAS, it is the intent of the Florida Legislature that the Florida Department of Health provide public health services through the 67 county health departments in partnership with county governments, as specified in part I of §154.001 Florida Statutes (2006), and in so doing make every attempt possible to solicit the support and involvement of federal, state, and local government and the public and private sectors to achieve its mission; and WHEREAS, the Florida Legislature has directed the Florida Department of Health to exercise quarantine authority, stating, "It is the duty of the Department of Health to declare, enforce, modify, and abolish quarantine of persons, animals, and premises as the circumstances indicate for controlling communicable diseases or providing protection from unsafe conditions that pose a threat to public health" (Florida Statute §381.0011(6)); and WHEREAS, pursuant to Rule 64-D-3.005(1), Florida Administrative Code, authority to give notice of a quarantine is delegated to the County Health Department Directors and Administrators; and WHEREAS, upon request, it is the duty of every city and county official of Miami -Dade County to assist the Miami -Dade County Health Department ("MDCHD") in enforcing the state health laws and rules (Florida Statute §381.0012(5)); and WHEREAS it is the MDCHD's intent, in collaboration with the City of Miami ("City"), to house persons, when suspected of having contracted or having been exposed to an infectious disease, in order to keep them out of the community, or to confine them to a given place, and to prevent interaction between them and people generally of the community; and WHEREAS, the City owns and manages two facilities, the Orange Bowl Stadium and the Coconut Grove Expo Center which have been identified as appropriate quarantine facilities; City of Miami Page 1 of 2 File Id: 07-01078 (Version: 1) Printed On: 4/10/2017 File Number: 07-01078 Enactment Number: R-07-0478 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a Memorandum of Agreement ("Agreement"), in substantially the attached form, with the MDCHD, for the use of the Orange Bowl Stadium and/or the Coconut Grove Expo Center, on an as -needed basis and subject to availability, for a term of one-year, for the purpose of providing quarantine shelters for the community's protection from unsafe conditions that pose a threat to public safety and health in the South Florida area, with said Agreement providing for a waiver of the basic use fee associated with such use and for termination by either party by providing no less than thirty (30) days advance written notice. Section 3. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.{2} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. {2} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 2 of 2 File Id: 07-01078 (Version: 1) Printed On: 4/10/2017