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HomeMy WebLinkAboutprevious agreementAGREEMENT 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 THIS AGREEMENT, entered into this � '0 day of 1999, 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 norida (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. PRFTNITIONS 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. 3. --CITY FIREFIGHTER" means full-time, fully paid State 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 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 2 are considered out o£ control and would be evidenced by the announcement of a Cod. 1 by the firs'_ arriving units. B. PURPn.4F, 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 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. 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 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. 4 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 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 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 5 accrue on delinquent invoices from the ninety First (91) day after invoicing until they are paid. D. The charges as set forth in the attached Zee 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 ern delinquent invoices from the thirty-first (31) day after invoicing until they are paid. F. Charges for fire watches shall be as follows: • Inspector • Rescue Unit • Firefighting Units • Administrative Fee $ 35.00/hour $100.00/hour $170.00/hour $ 10.00/per person assigned SECTION V INDEMNIFICATION. 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 extend of the limitations included within Florida Statutes, Section 768.28. 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. ArrEss 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 C:nnp The South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE shall apply to the VILLAGE. 7 C. FrRP rNAPPrTrONS, 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 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 average price determined by these two appraisals, if fair market value does not vary by more than 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't 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 cancella1tion, 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 be binding on either party unless in writing and approved by the CLTY'S Commission and the VILLAGE'S Council. SECTION X11 NOTICE. 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 Donald H. Warshaw 422 S.W. 2'd Avenue Miami, Florida, 33130 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. I0 . Should any provision(s), paragraph(s), sentence(s), word(s) or phrase(s) conti"- ri in this Agreement ' •r,:rmLned 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 provision(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 NONDELEGABILITY. The obligations undertaken by the CITY pursuant to this Agreement shall not be delegated or assigned to any other person 11 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 XV1 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. w 12 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 of VILLAGE, or any rights generally afforded classified or unclassified employees; further CITY employees shah 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 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 for 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. I3 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 the duly authorized officials, attested by their respective CITY and VILLAGE Clerk on 14 the day and year first herein above written. Village of Key Biscayne a municipal Corporation of the State of Florida ni C. Samuel Kiinger, Village Man--er Village of Key Bisca ST: age C erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City of Miami, a municipal Corp. ation of the State of F •rida Dona - H. Warshaw City Manager City of Miami ATTEST: APPROVED LEGAL Ville Attorney �Q=�'=r•! it Village of Key Biscayne APPROVED AS TO INSURANCE REQUIREMENT$: 1 Risk Management Department Att• ey of Miami . 15