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HomeMy WebLinkAboutR-98-0555J-98-587 5/29/98 RESOLUTION NO. 9 8 5 5 5 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO SAID VILLAGE; PROVIDING FOR A FIVE YEAR CONTRACT WITH A REPEALER AND SEVERABILITY CLAUSE. WHEREAS, the Village has requested certain fire, rescue, and fire inspection services be performed by the City of Miami to augment the fire protection provided by the Village which services are the responsibility of the Village to provide; and WHEREAS, the City of Miami is desirous of providing such services for the Village on a contractual basis and has thus negotiated this agreement; and WHEREAS, the Village desires to engage the City of Miami to implement such services on a contractual basis until such time as said agreement may be canceled by either party in the manner set forth in said agreement; and 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 hereby adopted by reference ATTACHMENT (S) ' CONTAINED CITY COMMISSION MEETING OF J U N 0 9 1998 ResohllWn�No98— o.. —+�-�= thereto and incorporated herein as if fully set forth in this Section. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approvcl of this legislation by signing it in the designated place provided, void legislat oll ,-U°4.P becomes effective with the elapse of tern (10) days from the date of C missicn a,,,::, regarding same, without the Mayor exercisi o. ATTEST: alter eman, City Clerk WALTER J. FOEMAN CITY CLERK BUDGET AND AANAGEMENT ANALYSIS REVIEW: wo, V�4/11-1 DIPAK PAREK-4, DIRECTOR REVIEWED BY:�� v' !F� JULIE 0. BRU ASSISTANT CITY ATTOMY AS ZO/'FOPX AND CORRECTNESS: VI - 2 - 98 - 555 VILLAGE OF KEY BISCAYNE Office of the Village Clerk vl&fe Council John F. Fesca, Mayor Mortimer Fried, Vice Mayor Martha Fdez-L.edn Bmucek Gregory C. Han Hugh T: O'Reilly Michele Padovan Berry Sime Vidal, C" Conchica H. Alvarez CERTIFICATION STATE OF FLORIDA COUNTY OF DADE I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Resolution No. 98-13 , adopted by the Village Council on April 16, 1998. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this2&b day of April , 1998. onchita H. Alvarez illage Clerk illage of Key Biscayne, Florida 85 West Mcln a Street 98- 5 5 5�,3ryr •Key Biscayne, Florida 3i 149 (30S) 36S• SS06 •Fax: (30S) 36S•893b (ncernec: b.lceyblx5 MMON TTATENLNr TO MOVIDL A yML. c LLWrY COMMUNITY LNV WNMLNT WIL ALL MANDAN, THWUQU USK V45UMA QJYM IMLNT." RESOLUTION NO. 98-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED FIVE YEAR AGREEMENT BEGINNING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2003 BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICES; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, in substantially the form attached hereto and made a part hereof, on behalf of the Village, with the City of Miami, to provide automatic aid and ancillary fire rescue services for the Village of Key Biscayne. 5ec.tion 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of Al2ril , 1998. ATTEST: CONCHITA H. ALVAREZ, VILLAGE CLERK t, APPROVED AS TO FORM AND LEGAL SUFFICIENCY:__.. S-C� /--, "4--; RICHARD J. WEISS, VILLAGE ATTORNEY �•3,� YOR JOHN F. FESTA 98- 555 V VILLAGE OF KEY BISCAYNE Department of Fire Rescue Ylbrpr Council John F. Festa. Mayor Mortimer Fried. Vhe Mtyor Martha Fdes-Le6n Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Chief of Fin Remise John G Gilbert MEMORANDUM April 6, 1998 TO: C. Samuel Kissinger, Wage Manager FROM: hn C. ief of Fire Rescue SUBJECT: Automatic Aid and Ancillary Service Agreement Per your direction, I have worked with the City of Miami Fire -Rescue Department to continue the excellent relationship between Fire Departments. As such, I am recommending acceptance of the attached Automatic Aid and Ancillary Service Agreement covering the periods of October 1, 1998 through September 30, 2003. This proposed Agreement increases the annual cost from $402,000 for the previous five years to $460,000 for the next five years. The monthly cost of the Agreement rises from $33,500 to $38,333. This Agreement contains a fixed cost covering the entire five years. The increase costs over the previous Agreement cover the approximate cost of living increase over the length of the previous contract, calculated to be 2.9% per year or 14.5% over the five year contract. 98- 555 85 West Enid Drive • Key Biscayne, Florida 33149 • (305) 365-8989 • Fax (305) 365.8937 Mi/QQr srATWMrr —TO VSCMq= A I%M Q&UWW caasMsaatr WY ao"Me" V" sett.dL"mm TMCNKA Rtpt]man" W%mawl M . 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 THIS AGREEMENT, entered into this day of ,1998 by and between the Village of Key Biscayne, a municipal corporation 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 cancelled 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. DEFINITIONS 1. "MIAMI FIRE -RESCUE DEPARTMENT" means the CITY's Department of Fire -Rescue. 2. "KEY BISCAYNE FIRE RESCUE DEPARTMENT" means the VILLAGE'S Department of Fire Rescue. 9S 555 3. "CITY FIREFIC. .'ER" means full-time, fully paid Sta,_ .:ertified 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 apparatus meeting the 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, material 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 are considered out of control and would be evidenced by the announcement of a Code 1 by the first arriving units. B. PURPOSE 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 one FIRE APPARATUS staffed with four fully paid VILLAGE -2- 98- 555 FIREFIGHTERS and one A_ /ANCED LIFE SUPPORT RESCUL .PPARATUS 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. C. Material and personnel for fire inspection, plans examination and investigation purposes as set forth in APPENDIX II attached hereto and made a part hereof. D. Material and personnel for initial and ongoing training for the VILLAGE's State Certified Fire Fighters, EMT's, 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 utlilized 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. -3- 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. SECTION IV COMPENSATION A. The CITY will charge the minimum monthly fee set forth in the fee schedule labeled APPENDIX I, attached hereto and made a part hereof, commencing on October 1, 1998 (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 -RESCUE DEPARTMENT Standard Operating Procedures. 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 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. 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%) per annum shall automatically accrue on delinquent invoices from the ninety first (91) day after invoicing until they are paid. -4- _ 98- 555 D. The charges as set forth in the attached fee schedule, APPENDIX I shall be the maximum hourly rates 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 (12%) per annum shall automatically accrue on delinquent invoices from the thirty-first (31) day after invoicing until they are paid. F. Charges for firewatches shall be as follows: • Inspector • Rescue Unit • Firefighting Units • Administrative Fee INDEMNIFICATION $35.00/hour $100.00/hour $170.00/hour $10.00/per person assigned SECTION V The VILLAGE shall indemnify and save harmless the CITY from any and all claims, liability, losses and causes of action arising out of the negligence of Village's agents, officers or employees, to the extent of the limitations included within Florida Statutes, Section 768.28. -5- g-$ -- 5_ 5 The CITY shall inder,...,fy and save harmless the VILLAGE i,om 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. B. FIRE CODE The South Florida Fire Prevention Code and any additional appropriate fire prevention codes established by the VILLAGE shall apply to the VILLAGE. C. FIRE INSPECTIONS The CITY agrees to provide as needed and when requested, fire inspection services on VILLAGE property and the VILLAGE further agrees to authorize the MIAMI FIRE -RESCUE DEPARTMENT to enforce the South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE as set forth in APPENDIX II. 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 I Me 98- 555 with that of the exchange Dep—Lment. Likewise, these Paramedics win 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 average price determined by these two appraisals, if fair market value does not vary by more than 10% between appraisals. SECTION IX TECHNOLOGICAL IMPROVEMENTS All technological improvements adopted and implemented by the MIAMI FIRE -RESCUE DEPARTMENT shall be offered to the KEY 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 of 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. -7- 98- 555 SECTION XI AMENDMENTS This Agreement may be amended only upon the written agreement of the parties. No amendments to this Agreement shall be binding on either party unless in writing and approved by the CITY's Commission and the VILLAGE's Council. SECTION XII NOTICES All notices provided by either party under this Agreement shall be deemed to be sufficiently sent if mailed by U.S. Certified Mail, Return Receipt Requested and shall be sent to the officers specified below: FOR THE CITY - CITY MANAGER Jose Garcia -Pedrosa 3500 Pan American Drive Miami, Florida 33133 FOR THE VILLAGE - VILLAGE MANAGER C. Samuel Kissinger 85 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. -8- D. Should any pro,,,sion, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida or the CITY, such provisions, paragraphs, sentences, words or phrases 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 NONDELEGABILITY 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 shall first consent in writing to the performance or assignment of such service or any part 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 (1) year after final payment is made under 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 Ordinances of VILLAGE, or any rights generally afforded classified or unclassified employees; further City employees shall not be deemed entitled to the Florida 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 of 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. -10- SECTION XXI CONTINGENCY CLAUSE Funding for this Agreement is contingent on 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. SECTION XXII DEFAULT PROVISION In the event that CITY shall fail to comply with each and every term 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 their duly authorized officials, attested by their respective CITY and VILLAGE Clerk on the day and year first herein above written. Village of Key Biscayne a municipal Corporation of the State of Florida C. Samuel Kissinger, Village Manager Village of Key Biscayne City of Miami, a municipal Corporation of the State of Florida Jose Garcia -Pedrosa, City Manager City of Miami -11- 98- 555 ATTEST Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Village Attorney Village of Ivey Biscayne APPROVED AS TO INSURANCE REQUIREMENTS Risk Management Department ATTEST City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney City of Miami -12- APPENDIX I FEE SCHEDULE A. For normal or routine 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 delinquent invoices until they are paid. B. For Major Emergencies, as defined in Section IA, 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 4. $ 600 per hour per Advanced Life Support Squad Company -13- 98- v55 5. $ 1,035 per hour per Haz Mat Truck 6. $ 690 per hour per Foam Pumper Truck 7. $ 230 per hour per 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 equipment and personnel with the time for such charges to be 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. C. For firewatches, as determined by the City of Miami Fire Chief upon request by officials of the Village of Key Biscayne, charges shall be as follows: 1. MIAMI FIRE -RESCUE DEPARTMENT Fire Fighters 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 hourly 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 #10237 requiring a charge of $10.00 per -14- 95- 555 person per day. 5. Charges may change based on contract agreement between the City of Miami and Fire Fighters Local 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 of twelve (12) months. Price will be determined should the actual need arise. -15- 98 5-55 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. -16- 98- 555 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: 1. Officers of Equal Rank: When Officers 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. 2. 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. 3. 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: A. The District Chief is relieved of Command by a Miami Officer of higher rank. B. 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. C. The incident can be turned over to the appropriate authority of the Village of Key Biscayne Fire Rescue Department. -17- 98- 555 CITY OF MIAMI, FLORIDA CA=6 INTER -OFFICE MEMORANDUM TO Honorable Mayor and DATE : May 11, 1998 FILE Members of the City Commission sua,ECT : Contract Agreement with Key Biscayne for FROM : on� . Warshaw REFERENCES: Ancillary Fire Services City Manager ENCLOSURES: RECOMMENDATION: It is respectfully requested that a resolution be passed accepting the contract to provide Automatic Aid and Ancillary- Fire Services to Key Biscayne. This contract will bring in $460,000 yearly in revenue for the City of Miami, which is $58,000 more per year than in the previous contract. BACKGROUND: The predecessor to this contract was originally entered into on April 15, 1993 for a term of five years. In that time, The City of Miami and Key Biscayne have found this to be a mutually beneficial relationship, and all obligations of the previous contract have been met by both parties. The City provides Key Biscayne with various services, which include, but are not limited to: the automatic dispatch of personnel and equipment for fire suppression and emergency medical purposes; as well as material and personnel for fire inspection, plans examination, investigation purposes, and ongoing training of Key Biscayne personnel. 4'� JGP/CAG/MLK/pmk CoverKeyB iscayne. doc 98- 555