HomeMy Public PortalAbout22-9949 - Miami-Dade Fire Rescue Acquired Structures ProgramSponsored by: City Manager
RESOLUTION NO. 22-9949
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PARTICIPATE IN THE MIAMI-DADE
COUNTY ACQUIRED STRUCTURES PROGRAM AND ENTER
INTO AN AGREEMENT WITH MIAMI-DADE FIRE RESCUE
DEPARTMENT FOR SAME; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Pursuant to Resolution No. 21-9936, the Opa-Locka Police Station was
approved for demolition and rebuilding; and
WHEREAS, the Miami -Dade Fire Rescue Department ("Department") desires use
of the Opa-Locka Police Station ("Property"), in whole or part, as an on -site training
location for its firefighters and emergency services personnel through its Acquired
Structures Program. There is no charge for the City of Opa-Locka to participate in the
Program; and
WHEREAS, the City of Opa-Locka ("City") desires to benefit the community by
allowing the Department to improve the quality of fire and emergency services through
specialized training opportunities at the Property site; and
WHEREAS, the City agrees to allow the Department the use of the Property for
what is known as "Non -Destructive" Training to include: area searches, Rapid
Intervention Team, building construction, apparatus placement, Incident Command
System, tactics and strategy; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to enter into an agreement with the Miami -Dade Fire Rescue Department,
attached to as Exhibit "A", to participate in the Miami -Dade Fire Rescue Acquired
Structures Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Resolution No. 22-9949
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes the City
Manager to enter into an agreement with the Miami -Dade Fire Rescue Department,
attached, to as Exhibit "A", to participate in the Miami -Dade Fire Rescue Acquired
Structures Program at no cost.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, after review by the City Attorney, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED AND ADOPTED this 12th day of January, 2022.
Veronica ms, Mayor
ATTEST:
kik
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BurT'ette Norris -We? s, P.A.
City Attorney
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Resolution No. 22-9949
Moved by: Vice Mayor Taylor
Seconded by: Commissioner Dominguez
VOTE: 4-1
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice Mayor Taylor NO
Mayor Williams YES
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City of Opa-locka
Agenda Cover Memo
City
Manager:
John E. Pate
CM Signature:
Commission
Meeting
Date:
01/12/2022
Item Type:
(EnterXin box)
Resolution
Or n
Other,
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
1St Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
X
Funding
Account# :
(Enter Fund & Dept.)
Ex:
Advertising Requirement:
(EnterXin box)Sourc
Yes
No
x
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
El
IN
EN
0
In
El
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Participation in Miami -Dade Acquired Structures Program
Staff Summary:
A resolution of the City Commission of the City of Opa-locka, Florida, authorizing the City Manager to enter
into an agreement with Miami -Dade Fire Rescue Department, to allow for emergency Rescue to utilize the old
Police Station for training purposes before its demolition. The City of Opa-locka retained a professional
engineering contractor who will be responsible for making this facility environmentally safe before it will be
utilized by Miami -Dade Fire Rescue Department, to allow for training purposes.
Proposed Action:
Staff recommends the approval of the item.
Attachment:
1. Agenda
2. Miami -Dade County Fire Rescue Flyer.
MIAMI
COUNTY
MIAMI-DADE FIRE RESCUE
Acquired Structures Program
Miami -Dade Fire Fighters want structures that ark d to be
demolished (Acquired Structures) to use for c ' . training
exercises. This program will save lives and decry loss in
future residential and commercial structure fires. Th Tming exercises
will improve performance` skills in firefighting, search & rescue, forcible
entry, roof operations, incident command, and other situations based on
the complexity of the ac fired _structure.
If you are the Property Owner rina = utiirized bye
for a Demolition permit of a struc you receive
waiting for the permit, please contact Miami
this Program. All types of structures are wante
Fite Fighters will not be conducting any live Turns n 4� e and
the building owner or person authorized by owner may limit
exercise to Destructive or non -Destructive in any area of the stilt re. To
participate in this program the Property Owner or person authori d by
owner must contact Miami -Dade Fire ✓ t the following:
Email mdfracquiredstructures@miamida v or
Telephone 786-331-4567
Include the property address, property owner, and phone number and
email contact infottiiation.
Property Owners will be contacted within 48 hours by a
Miami -Dade Fire Rescue Training Division Captain
MIAMI -DAD „ . SCUE
MIAMI-DADE FIRE RESCUE DEPARTMENT
PROPERTY TRAINING USE AGREEMENT
This Property Training Use Agreement ("Agreement") is made and entered into this day
of , 202 , ("Effective Date") by and between Miami -Dade County, by
and through the Miami -Dade Fire Rescue Department ("Department"), and
("Owner"),
who is the owner of the real property, together with all improvements thereon, located at:
and identified by Folio Number: ("Property").
The Department desires use of the Property, in whole or part, as an on -site training location for
its firefighters and emergency services personnel. Owner desires to benefit the community by
allowing the Department to improve the quality of fire and emergency services through
specialized training opportunities at the Property.
NOW, THEREFORE, the parties agree as follows:
1. PROPERTY
Owner agrees to allow the Department use of the Property for the purposes stated: (initial
all appropriate boxes)
• X Non -Destructive Training (area searches, Rapid Intervention Team, building
construction, apparatus placement, Incident Command System, tactics & strategy,
etc.)
• ❑ Destructive Training (breaching walls, cutting holes in roofs, knocking out
windows, forcible entry, damaging furniture or appliances, etc.).
2. TERMS OF AGREEMENT
a) Use
• The Department's use of the Property shall comply with all applicable federal,
state, and local laws and regulations. Notwithstanding anything herein, the
Department is not under any obligation to use the Property and shall determine
whether to proceed with such use identified in section 1 above, in its sole and
absolute discretion.
• The Department must advise Owner within 24 hours of the beginning use date
by email if they are cancelling training at the Property. Owner has the right to
rescind this Agreement, but must advise the Department in writing, either by
email or hand delivered letter to 9300 N.W. 41 Street, Doral, Florida 33178,
no later than 24 hours before the beginning use date.
b) Use Date
The date(s) scheduled for the use of the Property is this day of
, 202_ through the
day of , 202_.
Miami -Dade County Property Use Agreement 1
c) Access
Forty-eight hours before the commencement of the Use Date, the Department shall
have reasonable access to the Property for inspection, set- up, use, removal of
equipment, debriefing, and otherwise. Such access shall include keys, codes, or any
other information necessary for entry onto and into the Property.
d) Title
Owner represents and warrants that:
• He, she, or it is the owner of all right, title and interest in the Property;
• There are no unsatisfied judgments against Owner nor any liens or
encumbrances against the Property;
• All necessary consents related to use of the Property have been obtained from
any party having any security or other legal interest in the Property; and
• All owners of the Property have consented to this use and to the terms and
conditions of this Agreement.
3. HISTORIC SIGNIFICANCE
Owner represents and warrants that the Property is not a locally designated historic site,
a contributing property in a locally designated historic district, a locally designated
archaeological site, or otherwise subject to other historic regulations, protections, or
designations under state or federal law.
4. ASBESTOS AND OTHER ENVIRONMENTAL HAZARDS
Owner represents that there is no asbestos in the Property or the asbestos in the Property
have been abated or is in an area that will not be open to the Department or made available
for destructive training. Before the Use Date, Owner shall identify all known
environmental hazards, including hazardous materials, enclosed vessels (such as water
heaters, refrigeration equipment or air conditioning equipment) or all other appliances
within the Property or any designated area(s) therein.
5. CONDITIONS ON PROPERTY/REMOVAL OF PERSONAL PROPERTY
Owner shall give the Department a written list of all known conditions on the Property
prior to the Use Date. Such disclosure shall include all latent, dangerous, or unusual
conditions on the Property that are either known by Owner or that could be discovered
by Owner upon reasonable inspection. Owner shall remove all personal items,
furnishings and appliances from the Property unless Owner has no objection to such
items being damaged or demolished. Each party shall do a walk-through of the Property
no later than two days before the Use Date to identify hazardous conditions or areas of
concern for either party. Notwithstanding any other provisions herein, if hazardous
conditions are identified, either or both parties have the right to rescind this Agreement.
Miami -Dade County Property Use Agreement 2
6. CLEAN-UP
• If Owner approved Non -Destructive Training, the Department shall clean the
property after Training, if necessary, and leave the Property in the same condition
it was in prior to the Training.
• If Owner approved Destructive Training, after the Training the Department shall
only be required to remove all property, equipment and other items it transported
to the Property. The Department is not required to restore the Property to its pre -
training condition after Destructive Training and is expressly authorized to leave
the Property in the condition it is then in at the conclusion of such training.
7. MOLD HARMLESS AND INDEMNIFICATION
Owner shall defend and hold harmless Miami -Dade County and its officers, employees,
agents, and instrumentalities from any and all liability and losses, or damages which
Miami -Dade County or its officers, employees, agents, or instrumentalities may incur as
a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
brought by a third party against Owner arising out of, relating to or resulting from the
Department's use of the Property.
8. INSURANCE
The Department warrants that it is self -insured and provides workers compensation
coverage for all firefighters and emergency services personnel participating in training or
on the Property in connection with training activities.
9. GOVERNING LAW AND VENUE
This Agreement shall be construed and enforced in accordance with the laws of the State
of Florida. Venue for any action arising from the terms herein shall be exclusively in
Miami -Dade County, Florida.
10. SURVIVAL
The respective rights and obligations of the parties hereto shall survive the termination
of this Agreement.
11. REVIEW OF THIS AGREEMENT
• The parties hereto represent and warrant that they have consulted with counsel or an
advisor of their choosing concerning the terms and conditions contained herein. No
inference, assumption, or presumption shall be drawn from the fact that one party or its
attorney prepared this Agreement. It shall be conclusively presumed that each party
participated in the drafting, preparation, and review of this Agreement.
• This Agreement contains all the terms and conditions agreed upon by the parties. This
Agreement shall be governed by the laws of the State of Florida and the venue shall be
in Miami -Dade County, Florida, to the exclusion of all others.
Miami -Dade County Property Use Agreement 3
• This Agreement may be executed electronically and in two (2) or more counterparts,
each of which shall be deemed an original. The signatures, including electronic
signatures, to this Agreement may be executed on separate pages, and when attached
to this Agreement shall constitute one complete document.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
duly authorized individuals or officials as of the Effective Date.
OWNER: MIAMI-DADE COUNTY:
BY: BY: County Mayor or County Mayor's
Designee
Signature Signature
Printed Name Printed Name
Title Title
E -Mail Address E -Mail Address
Date Date
Miami -Dade County Property Use Agreement 4