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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00595 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, A PROFESSIONAL SERVICES AGREEMENT ("PSA") BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH ITS DEPARTMENT OF FIRE RESCUE ("DEPARTMENT"), AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2 UNDER THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, WITH EACH OF THE CURRENT AND ANTICIPATED STRATEGIC INDIVIDUALS ON "EXHIBIT A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER, SUBJECT TO CONSULTATION WITH THE DEPARTMENT, TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE FORM OF PSA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, the United States Department of Homeland Security's National Urban Search & Rescue Response System ("USAR") since 1989 has annually funded the South Florida Urban Search and Rescue Task Force, Florida Task Force 2 ("FL TF 2") which is coordinated by the City of Miami ("City") Department of Fire Rescue ("Department") as the sponsoring agency ("Sponsoring Agency") through Federal Emergency Management Agency, State of Florida (collectively, "FEMA") for the operation of its USAR program by FL TF 2; and WHEREAS, FEMA and the FL TF 2 operate under a longstanding memorandum of agreement most recently updated in September, 2008 (the "Sponsoring Agency MOA"), pursuant to City Commission Resolution No. 08-0504, adopted September 11, 2008, making several operational, legal and regulatory changes, and FEMA is requiring all of its sponsoring agencies to revise their related earlier memoranda of agreement with participating agencies and certain strategic individuals to update with a new standard form of Memorandum of Agreement ("MOA") that has been developed, subject to some state statutory differences for sponsoring agencies and participating agencies in the various states; and WHEREAS, pursuant to Resolution No. 01-484, adopted May 24, 2001, and Resolution No. 05- 0212, adopted April 14, 2005, the City Manager entered into an original MOA with participating agencies setting "forth the agencies' responsibilities in connection with the development and support of a local USAR FL TF 2 coordinated by the City's Department with all costs to be reimbursed by state and/or federal funding sources; and WHEREAS, pursuant to Resolution No. 11- , adopted , 2011, the City Commission authorized, (1) the Department's earlier list of participating agencies to be updated to take into account City of Miami Page 1 of 2 File Id: 11-00595 (Version: 1) Printed On: 6/30/2011 File Number: 11-00595 not only long-standing participating agencies but also anticipated new participating agencies (the "Participating Agencies"), and (2) the City Manager, through the Department as Sponsoring Agency, to enter into the revised MOA with the Participating Agencies in accordance with the Sponsoring Agency MOA and FEMA's updated guidelines for USAR; and WHEREAS, accordingly, (1) the Department's earlier list of strategic individuals, such as doctors and forensic engineers, also needs to be updated to take into account not only long-standing strategic individuals but also anticipated new strategic individuals as indicated on "Exhibit A", attached and incorporated (collectively, the "Strategic Individuals"), and (2) the City through the Department as Sponsoring Agency needs to enter into the revised PSAs with the Strategic Individuals in accordance with the Sponsoring Agency MOA and FEMA's updated guidelines for USAR; and WHEREAS, the revised PSA is necessary to continue without interrupting the operation of the ongoing USAR FL TF 2 Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 negotiate and to execute, subject to approval of legal form and correctness by the City Attorney, a PSA between the City, through the Department, as the Sponsoring Agency of FL TF 2 under USAR, acting through FEMA, with each of the current and anticipated Strategic Individuals on "Exhibit A", attached and incorporated. Section. 3. The City Manager, subject to consultation with the Department, is authorized{1} to negotiate and to execute any future amendments, extensions, and/or supplements to the form of PSA, subject to the approval of legal form and correctness by the City Attorney and subject to budgetary approval at the time of need. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU CITY ATTORNEY Footnotes: {1} 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. {2} 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, if shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 11-00595 (Version: 1) Printed On: 6/30/2011