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Home My WebLink AboutR-01-0921J -0I-681 9/10/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5...) AFFIRMATIVE VOTE, RATIFYTNG, APPROVING AND CONFIRMTNG THE, CITY MANAGER'S FINDING OF AN EMERGENCY, WATVI:NG THE RF,QUIREP1ENTS.FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING 7111 -IF, ACQUlS1TION OF GEN - REP11iR SLRV'�CLS FOR THE XMY BISCAYNE QUINT i FROM ADAMS THE ELECTRICAL SERVTCE, LNC., IN AN AMOUNT NOT TO EXCEED $4,890.35; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701..6.670. BE IT RESOLVED BY L'HE. COMMISSION OF THE, CITY OF MIAMI, FLORTDA: Section 1. By a four-fifths (4/5th") affisrnaLive vote of the members of the City Commission, the City Manager's finding of an emergency, waiving the requirements for competitive sealed bidding procedures, and the acquisition of generator repair services for the Key Biscayne Quint 1. from Adams Electrical Service, .Inc., in an amount not to exceed $4,890.35, is ratified, approved and confirmed, with funds allocated from Account Code No. 001000.280701.6.670. rrx COM0551011 MEETING OF 'P 1 l'i��roluttoa rhi. �. - 9 2 1. i Section 2. 'Phis Resolution shall become effective i_,minedi.atel_y upon its adoption and signature of the Mayor!'. PASSED AND ADOPTED this 13th day of September 2001, JOE CAROLLO, MAYOR In accol-dance v:!iki IM. i)i C,1;[�F• Ihn Mnwr d;d not j d;r ,,o approwfl of this lo,, iic;ia;ion bl, ~rr:n,? ,r in thr ,t;la!,r -iOO(J. '�a d feg:3l :t:::rt r,aw bccvrins- oT;ECiiv:i:'it1') jt!c! G:�;�Y", of t:•5n (1(i klc dJt CYI'IiI�IJJIG/l n regarding Sa!r;e, VYithOUi iha hrir'ayor ,cerci -;ng v ATTEST : Wa r J. F an, !ty Clerk tn'ATT faR J. I:OFMAI CITY CL1,RK W5538 : db: LP CTI` ES S :,/ II the Mayor does not sign this Resolution, it shall become effective at t! -,e end of ten calendar days rrom the dare it was passed and adopted. If the Mayor vetoes this Resolution, it small become effective immediately upon override of tho veto by Che City Commission:. Page 2 of 2U9 C* 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission - Mav, ' • � ,.�tivrerf ItECOMMENDATION 33 DATE; NJ 2 9 FILE : PM-097.doc SUBJECT: Ratify, Approve, Confirm Emergency Generator Repair -- Key Biscayne Quint 1 REFERENCES: ENCLOSURES. Resolution It is respectfully reconunended the City Commission adopt the attached Resolution ratifying, approving, and confirming the City Manager's finding of an emergency, waiving the requirements for competitive sealed bids, and approving emergency repair of the generator for the Key Biscayne Quint l by Adams Electrical Service, Inc., in the amount of $4,890.3. Funds for this purchase are available from Account Code No. 001000.280701.6.670. BACKGROUND The City of Miami has an agreement with the Village of Key Biscayne for Fire -Rescue Automatic Aid and Ancillary Services at the Village of Key Biscayne (the "Agreement"), whereby certain fire, rescue, fire inspection and other services will be performed by the City of Miami, Department of Fire -Rescue. The Village of Key Biscayne recently required immediate repair of the generator for Key Biscayne Quint 1. According to the terms and conditions of the Agreement, the repair of the generator is the responsibility of the City of Miami. The emergency repair of the generator was necessary so it could be returned to service and the City Manager agreed with this finding and authorized the issuance of an emergency purchase order for said repair work. CAG/WWB LK/TF/jam FM.097.doe I 01 -- 9`'I • INTER -OFFICE ^l—Ei,109ANDUM Carlos A. Gimenez City Manager Cke i tam W. Bryson, Direc or Department of Fire -Rescue 46 May 4, 2001 F?A-068.doc Emergency Purchase Order Generator Repair for Key Biscayne Quint 1 The Department of Fire -Rescue respectfully requests your approval for an Emergency Purchase Order in the amount not to exceed $4,890.35, be issued to Adams Electrical Service, Inc., 252 S.W. 5"' Street. This is to repair the generator for Key Biscayne Quint 1, which must be placed back in service immediately. Funds are available in Account Code 001000.280701.6.670. For the safety and well being of the citizens of Key Biscayne it is essential for the Key Biscayne Quint 1 to be operational immediately. Further, the City of Miami has an agreement with the Village of Key Biscayne for Fire -Rescue Automatic Aid and Ancillary Services at the Village of Key Biscayne, whereby certain fire, rescue, fire inspection and other services will be performed by the City of Miami, Department of Fire -Rescue. pproval/Disapproval _ 7 b inda M. Haskins, Director/Designee DATE App val/D' approval: �l D z; ty Manager IjATIE CAG/WWB/��T'F/J'am avatiac,2 m acc:ourt.�:.�,b.:a� Verified by: SIGNATURE FM-068,dcc 01. y `' 'd. =RQ- s : DR"S WLE:TR1=. 92RV SC 305 2226 473E ADAMS ELECTRICAL SERVI t DX - 142 S.W. STH STREET MIAMI, FL 33130 TELEPHONE 306.868.2330 FAX: 306-286.4738 ' WebSite: htlp:/iWWW.sdesllselYOtfic.cofm E.Mail: �alaa�ncfar+sseiscoic.com WORK 2201.06-01 letoo 0417 p.01 10 f� ORDER OUOTATION , FOR YOUR P.O. No...: CIT`_' OF MIAMI-Klu PARTS W/o D a - o 9230 8TH STREET Deeasipticnt...i BL0WVG OIL OUT EXHST MIAMI, F?., 331 i8 w U.S.A Attn: DAl7 TSL.: 305-575-5216 TAX.: 305-575-5007 To. -Me; hET DUE 10TH yatt Number.r::J9 (SPEC A --AC) Qt ..... 11 CD= RP Descri tLon.: MUSTRLAL DISSEL GM-ISST S/NIM:D930575997 Meaufact r:ONAI: CO. %;? s 6DCB?L BD3CM t30765C :..: 1Al RK 606ER'f11ar:, Upon evaluat=on of the above referenced unit, it was acted that the following ! repairs should be performed. This estimate is based on visual inspection. We ! have act seen unit operate. Until this work is performed, we do not know if ; additi:nal parte and labor are required. , Please be irfozmed that tzis estimate is as "over. -la -.Ll estimate", :t is to perfor"1 re airs to this equipment with parts and. labor needed to -take I operaticnal. Service gonsiata on, remcvins•and ret acirq parts as listed. We pzonose to S 4=19a i.aD.^.r atiz mazer!ale cz plete In accorcance Nita tre azove W�ecificatione. If you do not wish to repair this urs t, a total of $260,",o is due for evaluation/es:timazina chargee to date. iplease riot* twat all parta are FOR factory. ?=eight char=m ars based ^n i_ems being in stock at time oS order and -reg"a=1 order -method. Eatimatsd time for parte to arrive at our facility is cne to two weeks. _stimated tine o. job eompletior- in three to five days aster receipt cf parts. !Payment terms are net due tenth with purchase order. All cnateri.a, and lawor ;supplied by Adams Electrical _s graxw.teed for ninety days. Price and availab:licy of part.3 may change by rianufact=ers withcur prier i notification. Ir. :.he event such occurs. you will be notified prior .,o continuation of job. `•Any alteration or deviation from specifica=icas involving extra costs will be e�tecuted only upon w_-itten orders and will become an extra charge over and ! abo•re the estimate. . All agreements are contingan-- upon, atrii.es, accidents cr j delays beyond our cont. -al. I Please feel free to contact e- at any titre. ' saerely, I iRosy -Ramos for ,Danny Ramos - Service Manager JACCER-.= : The prices and job cpeesfications (aa stated) are satisfactory ana j ,are hereby accepted. You are authorized to do the work as specified. PaymentjwilI be made as outlined above. it is understood that 1, the undersigned, an authorised to approve the repair work (materials and labor). I also understand that upon completion of repair work I will be required to pay invoice in full. -ROM !MZX=`M5 ELE=TRICOL BeRVIC 305 266 4738 2201.06-01 16:01 9417 P.02 ADAMS ELECTRICAL SER , INC. • 143 9.w, iT-H STREET 10AMI, FL 33130 TELEPHONE: 305-808-2930 FAX:306-288-4738 website: kttaWwww.edemeelwWo'com -rAlrail; eche@edemte,ecaio.corn WORK. ORDER. QUOTATION Page:2 i� �tw ORK.�R�E#��aN�.:..3��2,e<�::•:.. { 1 m:tle agreed that title to the narcrandiaa above listed does not peas unci; aid .or in full. :t aecssea y to iaat;itute•legal action tc enforce collection o the amount due under this a-reement, buyer agrees to pa- all necessary costs and attorney's fees plus 181: interest from this date. Seller's repossession of (merchandise also hereunder shall not. preclude his ri=ht' to roe or a defitiancy train the buyer it the price receive to not outticiene to pay the atroant due !hereunder. All invoices are subject to change in the event of error. i PLEASE SIGN AVD FErURN 4=A ?T.X ACCEPTED BY- { s gni fire prin=ed name & tltle DATE : 1 IJE $396.23 F.h, $396 20 IS^RO6IASSY SPRING -COV I 1 YE: 57.0J EA' $7. CO PVM40ASSY-OJL 1 N&$$153.43 EA, $153.401 (PISTON : vE' 52'76.30 EA! $552.60 BR^, NLf STA) $IX-vE 4 NE! 511. 00 F.A; S44. co RING SFT NTE $4 L . 4 0 EA, g82. s 0 PUMP KirFVEL 1 NTE: 5130.43 SK: 8.10.40 AUZZLEiNOLOfRASSY i 2w' $211.-30 EA; $482.60 FILTER -OIL 1 NEI 12.95 EAI 512.95 FILTER-FUfL,PR/MARY i 1 VE 20.20 ET., 520.20 FIL TEA -FUEL. SEC 1 NE 2 0.6.) EA : $20.60 ELEME/.TAIRCLNR 1 NE 13.2.5 EA; Si3.25 i GASKET KIr 124E 51? 6.3 0 EA $:.76. 3 0 F3 /BEARING (MVX (YC 1 NE845.60 2 8 _'_ } EA S28-10: GAUGE -OIL PRESSUAP 1 NE $45 .60 EA; S45.60; SWITCH-CFA'TSIRCAL 1 NE 32.60 EA; 111.43 532.60 PAINT-601MY 1302 2 W EA, 522 6 0 1SW40 (3571 I NE $10.25 FA510.25 i Subtotal-> ^Z1% Shop Service Lanor 1351.00 S65. 00 EA 1 Co Subtotal-> ^,'. ..Disposal ............:: : I, Oil 1.100+ CA 1-5 GIA: ' Dbpeul • Fihet 1.00 A . 5.0 EA Meso, MotorleM 1.00 rF. $90.20 EP 590.20 freight 1.00 .EA $290.50 EA__ 552290--.50 isubtotal -3 � - 3 Total :i: $4,890.35 J Z. �auwo:LAed SipnswrwA t n/utsi► �fioCA 7PP0' F t 1 rt • AUTOMATIC AID AND ANCILLARY SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI SECTION XII SECTION XIII SECTION XIV SECTION XV SECTION XVI SECTION XVII INDEX DEFINITION AND PURPOSE PAGE 1 SCOPE OF SERVICE PAGE 3 TERM PAGE 4 COMPENSATION PAGE 5 INDEMNIFICATION PAGE 7 ACCESS, FIRE CODE, FIRE INSPECTION PAGE 7 SWITCH WITH ANOTHER PARAMEDIC (SWAP) PAGE 8 RIGHT OF FIRST REFUSAL PAGE 8 TECHNOLOGICAL IMPROVEMENTS PAGE 9 CANCELLATION PAGE 9 AMMENDMENTS PAGE 9 NOTICE PAGE 14 GENERAL CONDITIONS PAGE 10 OWNERSHIP OF DOCUMENTS PAGE 11 NONDELEGABILITY PAGE 11 AUDIT RIGHTS PAGE 12 AWARD OF AGREEMENT PAGE 12 921 1 AUTOMATIC AID AND ANCILLARY SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI INDEX SECTION XVIII CONSTRUCTION OF AGREEMENT PAGE 12 SECTION XIX INDEPENDENT CONTRACTOR PAGE 13 SECTION XX NONDISCRIMINATION PAGE 13 SECTION XXI CONTINGENCY CLAUSE PAGE 13 SECTION XXII DEFAULT PROVISION PAGE 14 SECTION =11 ENTIRE AGREEMENT PAGE 14 SIGNATURE SHEET PAGE 15 APPENDIX I - FEE SCHEDULE APPENDIX 11- INSPECTION SERVICES ;� -- 921 11 AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI FOR FIRE, RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES AT THE VILLAGE OF KEY BISCAYNE, FLORIDA ji THIS AGREEMENT, entered into this N day of C) , 1999, by and between the Village of Key Biscayne, a municipal cornorarion of the State of Florida (the "VILLAGE"), and the City of Miami, a municipal corporation of the State of Florida (the "CITY''). WHEREAS, the VILLAGE has requested certain fire, rescue and fire inspection services be performed by the CITY to augment the fire protection provided by the VILLAGE which services are the responsibility of the VILLAGE to provide; and WHEREAS, the CITY is desirous of continuing such services for the VILLAGE on a contractual basis and has thus negotiated this Agreement; and , WHEREAS, the VILLAGE desires to engage the CITY to implement such services on a contractual basis until such time as this Agreement may be canceled by either party in the manner provided for herein; NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: SECTION I DEFINITION AND PURPOSE. A. DEETNITTONS 1. -MIAMI FIRE -RESCUE DEPARTMENT" means the CITY's Department of Fire -Rescue. 2. "KEY BrSCAYUE FIRE RESCUE DEPARTMENT" m?.z:)S the V:'LAG 's Department of Fire Rescua 3. "CITY FIREFIGFTER " means full-time, fully paid Stat? Certified Fire Fighters, officers, EMTs or Paramedics according to Miami Fire -Rescue Department job descriptions. 4. "VILLAGE FIREFIGHTER" means full-time, fully paid State Certified Fire Fighter/Paramedics, Fire Fighter/EMTs, or Officers, according to Village of Key Biscayne job descriptions which are equivalent to or exceed MIAMI FIRE -•RESCUE DEPARTMENT job descriptions. 5. "FIRE APPARATUS" means an annaratus meeting th^ appropriate requirements as set forth in NFPA Standard 1901. 6. "ADVANCED LIFE SUPPORT RESCUE APPARATUS'' means an apparatus meeting the requirements as set forth by the State of Florida. 7. "Appropriate equipment, materiai and personnel'', as used in SECTION II, SCOPE OF SERVICE, paragraph A. Through J., means that which has been determined to be sufficient and appropriate for the specific situation by joint agreement of the City Manager or his designee and the Village Manager or his designee. 8. "Major Emergency'' means those incidents that involve automatic aid multi -company dispatches and extend longer than one (1) hour in duration. These incidents a__ cons .de.:ed out of cornt.o? -a-id woliId b? ev.Ldenced b;l the announcement or, a Cede L y ti:e f irzt-, :1_ L'_Ving un: is . E3 , PrTR PGS F. The purpose of this Agreement is to state the terms and conditions under which the CITY will provide fire, rescue and ancillary services to augment the VILLAGE's fire rescue service as set forth in SECTION II of this Agreement. SECTION II SCOPE OF SERVICE. The CITY agrees, in accordance with the terms of this Agreement, to provide the following Fire -Rescue services to the VILLAGE providing that the VILLAGE maintains a fire rescue service consisting of an on -duty force of at least cine FIRE APPARATUS staffed with four fully paid VILLAGE FIREFIGHTERS and one ADVANCED LIFE SUPPORT RESCUE APPARATUS staffed with three fully paid VILLAGE FIREFIGHTERS and all required equipment. A. Automatic dispatch of appropriate equipment, material and personnel for fire suppression purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to the KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation codes. B. Automatic dispatch of appropriate equipment, material and personnel for emergency medical purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation codes. 3 01- 921 C. Material and personnel for fire inspection, plans examination: a::a inVtistigation purposes a:.s set- forth it AP?EtiD_X II attached hereto and made a part ner:eof D.Mat?rial and personnel for initial and ongoing training for the VILLAGE's State Certified Fire Fighters, EMTs, Paramedics and Inspectors. E. Material and personnel for VILLAGE apparatus and equipment maintenance due to normal wear and tear. F. Material and personnel for VILLAGE 800 MHz Communications equipment maintenance due to normal wear and tear. G. Material and personnel for maintenance of Computer Aided Dispatch system utilized by the Village of Key Biscayne Fire Rescue Department. H. Material and personnel for the provision of VILLAGE firefighting and medical expendable supplies used as a result of emergency operations and required training. I.Material and personnel for EMS quality assurance. J. Material and personnel for command and control of incidents involving MIAMI FIRE -RESCUE DEPARTMENT units as set forth in APPENDIX III attached hereto and made a part hereof. SECTION III TERM. Subject to the cancellation provision set forth in Section X hereof, the term of this Agreement shall be for a period of five (5) years commencing on October 1, 1998, and terminating on September 30, 2003. ot- 921 4 • 0 SECTION IV COMPENSATION. A. The CITY will change the minimum monthly fee set forth in the fee schedule labeled APPENDIX I, attached hereto and made a part hereof, commencing on October 1, 1996. (the "Minimum Fee"). This charge for fire rescue services shall be for equipment and personnel required to augment routine Key Biscayne Fire Rescue Department services and protection, as necessary, in accordance with MIAMI FIRE-R..ESCUE DEPARTMENT Standard Operating Procedure. B. In the event of a Major Emergency, as further described in this section, in addition to the MINIMUM FEE, an additional Major Emergency fee as set forth in APPENDIX I shall be charged to the VILLAGE. For the purposes of this Agreement, a "Major Emergency'' is defined as those incidents that involve automatic aid multi -company dispatches and extend longer than one (1) hour in duration. These incidents are considered out of control and would be evidenced by the announcement or a Code 1 by the first arriving units. Not considered Major Emergencies are minor, fires, rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past, elsewhere in the CITY and the VILLAGE, by its Fire Department, by routine custom and practice. C. For the purpose of invoicing, when Major Emergencies occur, the VILLAGE will make payment within ninety (90) days after mailing by the CITY of the invoice for services. Interest at the rate of twelve percent (12°x) per annum shall automatically �'`'I. s UI— 91 on delinquen-. invoices from the ninety firs~ 01? day .,_rer introicing until they are paid. D. The charges as set fo_th in the attached ..ee 5c::--dula, A: QF,NDIX i shall be the maximum hourly rags for equipment and personnel with the time for such charges to be calculated from the time of the alarm to the time the responding MIAMI FIRE - RESCUE DEPARTMENT units return to City service. The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments. Such charges are based upon at .least four (4) CITY FIREFIGHTERS operating each Aerial, Quint, Haz Mat Apparatus and Pumper, three (3) CITY FIREFIGHTERS operating each Rescue and one (1) CITY FIREFIGHTER operating each Air Truck, Foam Pumper and District Chief ,listed in the major emergency fee schedule. In the event fewer CITY FIREFIGHTERS are provided, the charge will be reduced proportionately. E. The CITY will provide a monthly invoice for routine services and protection, with appropriate documentation as required. The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice for services. Interest at the rate of twelve percent (12a) per annum shall automatically accrue on delinquent invoices from the thirty-first (31) day after invoicing until they are paid. F. Charges for fire watches shall be as follows: • Inspector $ 35.00/hour • Rescue Unit $100.00/hour • Firefighting Units $170.00/hour • Administrative Fee $ 10.00/per person assigned 6 01- 921 SECTION V INDEMNIFICATION The VILLAGE shall indemnify and save harmless the CITY from any and all claims, liability, losses and causes of action arising o:,:t of the negligence of VILLAGE's agents, officers or employees, to the extend of the limitations included within Florida Statutes, Section 7068.28. The CITY shall indemnify and save harmless the VILLAGE from any and all claims, liability, losses and causes of action arising out of the negligence of CITY's agents, officers, or employees, to the extent of the limitations included within Florida Statutes, Section 768.28. SECTION VI ACCESS, FIRE CODE, FIRE INSPECTION. A. ACCESS The VILLAGE hereby confirms that it shall provide unencumbered ingress and egress to CITY personnel, vehicles, boats and helicopters entering or departing, the VILLAGE for the purposes of executing the provisions of this Agreement, including, but not limited to, medical emergencies, fire suppression, fire inspection, fire investigation and equipment testing. 3, FTTRF C'OnF The South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE shall apply to the VILLAGE. 7 C. Frac-%ico7(-* The t:T`e a. '??s to provid-^-. asn?.�,A�.e, ind wh--tn Eire inspection services on VILLAGE property and the VILLAGE further agrees to authorize the MIAMI FIRE-RESCliE DEPARTMENT to enforce the South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE as set forth in APPENDIX IT. It is further understood that all revenue that is generated by these inspections shall be the property of the VILLAGE. - SECTION VII SWITCH WITH ANOTHER PARAMEDIC (SWAP) The CITY and VILLAGE agree to continue the "Switch With Another Paramedic'' (SWAP) Program as an interdepartmental exchange program designed to compare and evaluate other emergency medical, and firefighting systems and operations. Paramedics will be able to compare their own system with that of the exchange Department. Likewise, these Paramedics will be able to offer insight into their own system as seen from this perspective. SECTION VIII RIGHT OF FIRST REFUSAL. The MIAMI FIRE -RESCUE DEPARTMENT shall have the Right of First Refusal purchase opportunity on all KEY BISCAYNE FIRE RESCUE DEPARTMENT vehicles when they are to be sold by the VILLAGE. Two appraisals shall be obtained and paid for by the VILLAGE to arrive at fair market value. The CITY shall pay the 8 01— 941 a Varaga price determined by these tw,:) 7ppra is.a is , i f f a i r rr.,j r :.ret v-:zlu: does n•::�c vary by mor: th-i., SECTION IX TECHNOLOGICAL IMPROVEMENTS. All technological improvements adopted and implemented by the MIAMI FIRE -RESCUE DEPARTMENT cl:all be offered to the :BEY BISCAYNE FIRE RESCUE DEPARTMENT. If the KEY BISCAYNE FIRE RESCUE DEPARTMENT chooses to take advantage of these improvements, the VILLAGE'S portion of the cost of these improvements shall be borne by the KEY BISCAYNE FIRE RESCUE DEPARTMENT. SECTION X CANCELLATION. This Agreement shall expire on September 30, 2003, provided, however, that on any fiscal year during the term of this Agreement, either party may terminate, without cause, only upon written notice served upon the non canceling party on or before the 31" day of July of such year. Cancellation will be at the discretion of the City Manager on behalf o£'the CITY and Village Manager on behalf of the VILLAGE. in the event of such cancellation, the CITY shall be paid fees for all services provided prior to the effective date of such cancellation. SECTION XI AMENDMENTS. This Agreement may be amended only upon the written agreement of the parties. No amendments to this Agreement shall 9 0 1 - J 2 :i. be binding on either party unless in wc•iting and approved by the CITY'S Cummiss;,,n .: -nd the V1LLAG_'s Cou^•..1 SECTION X11 NOTICE. All notices provided by either party under this Agreement shall be deemed to be sufficiently sena. if -ailed by U.S. Certified Mail, Return Receipt Requested, and shall be sent to the officers specified below: FOR THE CITY - CITY MANAGER Donald H. Warshaw 422 S.W. 2nd Avenue Miami, Florida, 33130 FOR THE VILLAGE - VILLAGE MANAGER C.Samuel Kissinger 66 West McIntyre Street Key Biscayne, Florida 33149 SECTION XIII GENERAL CONDITIONS. A.Title and Paragraph headings are for convenient reference and are not part of this Agreement. B. In the event of conflict between terms of this Agreement and any -'terms or conditions contained in any attached documents, the terms of this Agreement shall rule. C.No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10 01— 921 D. shculd any provis on(s) , paragraph(s) , sen:.ence(s) , -ase (s) C n`. 1 f n r- h-; i .a_,r-Bem ..r a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida or the CITY, such provisio:z(s), paragraph(s), sentence (s) word (s) or phrase(s) shall be deemed modified to the extent necessary in order to conform with such laws or, if not modifiable to conform with such laws, then same shall be deemed severable and, in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. SECTION XIV OWNERSHIP OF DOCUMENTS. VILLAGE agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and VILLAGE shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contact documents, reports or any other matter whatsoever which is given by CITY to VILLAGE pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the VILLAGE for any other purposes whatsoever without the written consent of the CITY. SECTION XV NONDELEGAHILITY. The obligations undertaken by the CITY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the VILLAGE sha:1 First content in w:.`' -ng =o the performance or assignment of such service or any pari: thereoF by another person or firm SECTION XVI AUDIT RIGHTS, CITY and VILLAGE reserve the right to audit the records of each other, as said records relate to this Agreement, at any time during the performance of this Agreement and for a period ,of one (l) year after final payment is made tinder this Agreement. SECTION XVII AWARD OF AGREEMENT. VILLAGE warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. SECTION XVIII CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida, and venue shall be in Miami -Dade County. SECTION XIX INDEPENDENT CONTRACTOR CITY and its employees and agents shall be deemed to be independent contractors, and not agents or employees of VILLAGE, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance Cf VILLAGE, or any rights generally afforded classified or unclassified employees; further CITY emp.Loyees snail not be deemed eneitied to the F.iorida Workers' Compensation benefits as an employee of the VILLAGE. SECTION XX NONDISCRIMINATION. VILLAGE agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason or his/her race, sex, color, creed, national origin, or handicap, be excluded from participating in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. SECTION XX1 CONTINGENCY CLAUSE. Funding f6r this Agreement is contingent upon the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. D 01— 921 SECTION XXII DEFAULT PROVISION in the event that CITY shall fail to comply with each and every :erm and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the VILLAGE:, at its sole option, upon ninety (90) day written notice to the CITY, may cancel and terminate this Agreement. SECTION XXIII ENTIRE AGREEMENT Except as specified below, this instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the subject hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this'Agreement are of no force or effect, except that the Agreement of April 19, 1993 shall continue until September 30, 1998. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by the duly authorized officials, attested by their respective CITY and VILLAGE Clerk on 01- 921 14 C1 t. day . n^ year Lira•`. he_' -,in lbov}-.%,ri;:t • Village of Key Biscayne City of Miami, a municipal a municipal Corporation Corp =.^ion oc the State of the State o� Florida of F rida L " G/11�lCf'if C. Samuel Ki inger, �� KEy$ Dona:.d H. Warshaw Village Man er F ��s City Manager Village of Ke B'sca '� ~\.. 5 Y �. �— �� City of Miami Gag T. e Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vill e Attorney Village of Key Biscayne APPROVED AS TO INSURANCE REQUIREMENT Risk Management Department 0 .TTEST : City erk APPROVED O F AND LEGAL F IEN10 L•] Attorney of Miami • FEE SCHEDULE APPENDIX I • A. For normal automatic aid and ancillary service to augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT, a monthly fee (the MINIMUM FEE) for the following years is established. This fee covers personnel and material as necessary in accordance with City of Miami Standard Operating Procedures. 1. October 1, 1998 through September 30, 1999 $38,333 per month. .2. October 1, 1999 through September 30,2000 $38,333 per month. 3. October 1, 2000 through September 30, 2001 $38,333 per month. 4. October 1, 2001 through September 30,2002 $38,333 per month. 5. October 1, 2002 through September 30, 2003 $38,333 per month. The CITY will provide a monthly invoice with appropriate documentation as required. The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice with the exception of Paragraph C, Section Iv. Interest at the rate of twelve percent -(12%-) per annum shall automatically accrue on delinqudnt invoices until they are paid. B. For Major Emergencies, as defined in Section 1A, Definition 8, the following fee schedule, in addition to the normal monthly fee, is established: 1. $1,380 per hour per Aerial/Quint Company 2. $1,035 per hour per Pumper Company 3. $690 per hour per Advanced Life Support Rescue Company 01-- 921 • The charges as set forth above shall be the hourly rates for -?-u `n.menr ape sonne hY� with ho _�-^� ��_ _ _ ..t: ch :;es to be d calculated from the time of the alarm to the time the MIAMI FIRE -RESCUE DEPARTMENT responding units return to City service. The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments. Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each piece of apparatus listed in items 1, 2, and 5 above, and three (3) CITY FIREFIGHTERS operating equipment listed in item 3. In the event fewer CITY FIREFIGHTERS are provided, the charge will be reduced proportionately. For the purposes of this Agreement, a "Major Emergency'' is defined as those incidents that involve automatic aid multi- company dispatches and extend longer than one (1) hour in duration. These incidents are considered out of control and would be evidenced 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 those incidents that have been routinely handled in the past elsewhere in the CITY and the VILLAGE by its Fire Department, by routine custom and practice. i — 92, 1 i:vu: oe_ advanced LiL•' SuppO::t 5, $1,035 per hour per uaz Mat Truck 5. $ 90 hour. oer Foam Pumper Truck 7. $230 per hourper person for Special Equipment (Fire Boat, District Chief, Safety Officer, etc.) 8. $345 per hour per Air Truck The charges as set forth above shall be the hourly rates for -?-u `n.menr ape sonne hY� with ho _�-^� ��_ _ _ ..t: ch :;es to be d calculated from the time of the alarm to the time the MIAMI FIRE -RESCUE DEPARTMENT responding units return to City service. The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments. Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each piece of apparatus listed in items 1, 2, and 5 above, and three (3) CITY FIREFIGHTERS operating equipment listed in item 3. In the event fewer CITY FIREFIGHTERS are provided, the charge will be reduced proportionately. For the purposes of this Agreement, a "Major Emergency'' is defined as those incidents that involve automatic aid multi- company dispatches and extend longer than one (1) hour in duration. These incidents are considered out of control and would be evidenced 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 those incidents that have been routinely handled in the past elsewhere in the CITY and the VILLAGE by its Fire Department, by routine custom and practice. i — 92, 1 C. For fire watch -:!s, is deternii..h -a C:ty of m. i —; Fire Chief upon request by officials of tnz Village of :fey Biscayne, charges shall be as follows 1. MIAMI FIRE -RESCUE DEPARTMENT Firefighters rate of pay is based upon time and one-half at their hourly rate. 2. MIAMI FIRE -RESCUE DEPARTMENT Paramedics rate of pay is based upon time and one-half at their rate. 3. MIAMI FIRE -RESCUE DEPARTMENT Fire Inspectors rate of pay is based upon time and one-half at their hourly rate. 4. An Administrative Fee based on CITY Ordinance No. 10237 requiring a charge of $10.00 per person per day. 5. Charges may change based upon contract agreement between the City of Miami and Firefighters Local No. 587. D. If for unforeseen reasons, the VILLAGE is unable to provide: its own -fire rescue services, the CITY agrees to provide full fire rescue service to the VILLAGE on a monthly basis until such time as the KEY BISCAYNE FIRE RESCUE DEPARTMENT is again fully operational. The term of this interim Agreement for full fire rescue service, as reflected in SECTION II of this Agreement and substituting CITY equipment material and personnel for VILLAGE; equipment, material and personnel, would be for a maximum 01- 921 3 APPENDIX II INSPECTION SERVICES A. The CITY will provide during normal business hours Monday through Friday from 8.00 A.M. until 5:00 p.m. when requested by the VILLAGE, a qualified Fire Inspector from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to conduct required regular fire inspections of all occupancies except one and two family dwellings and apartment buildings three floors or less. B. The CITY will provide during normal business hours Monday through Friday from 8:00 A.M. until 5:00 P.M. when requested by the VILLAGE a qualified Plans Examiner from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to review plans for new building construction and/or major building modifications to all occupancies except one and two family dwellings. C. The CITY will provide at any time of day or night when requested by the VILLAGE a qualified Fire Investigator from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to investigate all fires having a cause that is designated by the fire officer in charge of the scene to be of a suspicious or undetermined nature, all fire bombings, all attempted fire bombings, all explosions where there is a fire related death and all fire deaths resulting from fire related injuries. 0 • APPENDIX III MAJOR EMERGENCY COMMAND STRUCTURE When an emergency incident occurs within the Village of Key Biscayne involving Miami Fire -Rescue Department units, the Command structure listed below will be followed: A. Officers of Equal Rank: When _,fficers on the incident from the Village of Key Biscayne Fire Rescue Department and Miami Fire -Rescue Department are of equal ranks, the Officer from the Village of Key Biscayne Fire Rescue Department is in charge of the incident. B. Officers of Unequal Rank: When Officers on an incident from the Village of Key Biscayne Fire Rescue Department and Miami Fire -Rescue Department are of unequal ranks, the highest ranking Officer will be in charge of the incident. C. District Chiefs: Miami Fire -Rescue Department District Chiefs on arrival, will be in Command of all incidents at the Village of Key Biscayne requiring their dispatch. This Command structure will be followed whether the units involved in the incident are solely Miami Fire -Rescue Department or a combination of Miami Fire -Rescue Department and Village of Key Biscayne Fire Rescue Department. The only exceptions to this are: 1. The District Chief is relieved of Command by a Miami Officer of higher rank. 2. The District Chief is relieved by the Chief or the Deputy Chief of the Village of Key Biscayne Fire Rescue Department. The District Chief will then be in charge of Operations. w 921 of twelve (12) months. Price will be determined should the actual need arise. I 61- 92J. S. The incident can be turned over to the appropriate authority of the Village of Key Biscayne Fire Rescue Department. N 2