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HomeMy WebLinkAboutExhibit• 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 AGREEMENT, entered into this If± day of 2005, by and between the Village of Key. Biscayne, a municipal corporation "VILLAGE"), and the City of Miami, State of Florida (the "CITY"). WHEREAS, the VILLAGE has r.equested 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. DEFINITIONS of the State of Florida (the a municipal corporation of the 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 paidState 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 VEHICLE" means an apparatus meeting the appropriate requirements as set forth in N FPA Standard 1901. 6. "ADVANCED LIFE SUPPORT RESCUE VEHICLE" 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 2 • • situation by joint agreement of the City Manager or designee and the..Village Manager or designee. 8. "Major Emergency". means those incidents that extend longer than' one (1) hour in duration. 9. "NORMAL WEAR AND TEAR" shall be defined as typical maintenance problems that occur because of parts or equipment malfunction and .inoperability due to age. It shall not include such things as operator error, failure to follow operational and/or safe procedures, damaged equipment due to mistreatment or accidents, lost equipment and similar situations. If the parties do not agree on whether the damage was caused by "normal wear and tear", the Original Equipment Manufacturer will make the determination. 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 3 service consisting of an on -duty force of at least one FIRE APPARATUS staffed with four. fully paid,VILLAGE FIREFIGHTERS (as specified within NFPA 1710) and one ADVANCED LIFE SUPPORT RESCUE paid VILLAGE FIREFIGHTERS and FIRE -RESCUE DEPARTMENT shall VILLAGE Fire Station once Key VEHICLE staffed with three fully all required equipment. MIAMI. respond upon request to staff the Biscayne; • Units have responded to two calls Officer in charge of the for service and the second unit dispatched has determined his/her unit's services shall be required for more than a minimal amount of time,..and the Officer has also determined that the other Key Biscayne unit is not close to returning to service'or in a close proximity to the VILLAGE. • Has had all units dispatched and the incident commander has determined that services fr.om all units shall be 'required for longer than a minimal amount of time. 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 MIAMI FIRE -RESCUE DEPARTMENT situation dispatch criteria, using 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 the. 4 dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation codes. C. Material and personnel for fire inspection, plans and investigation purposes as set forth in APPENDIX examination II attached hereto and made a part hereof. D. Material and personnel for initial fire recruit training for the VILLAGE'S newly hired firefighter candidates. KEY responsible for all other BISCAYNE FIRE RESCUE DEPARTMENT will be types of training, (including the cost of EMS re -certification training) and staffing in services units (as specified within Section II - Scope of Services) caused by vacancies due to on - duty FIREFIGHTERS' participating, if they are unable to respond. E,.Material and personnel maintenance due to normal wear F. Material and personnel i nt maintenance due to normal wear and tear. equ pme ri G. ante a �yf ri'lzecixb euthl yy SyS m ..Sr.0 .;peg a z t.t er...:,;,,;=, H..Material and personnel firefighting and medical. expendable supplies used as a result emergency operations and required training. I. Material and personnel for EMS quality assurance. J. Material and personnel for command and control incidents involving MIAMI FIRE -RESCUE DEPARTMENT units as for and for VILLAGE tear. vehicle and equipment VILLAGE 800 MHz Ti ] l qe o fr. for Communications .er � ipa e,, ompu.�ided�QW....;,,r5.,.; k psis- i ia' P!ing..F Key„ iscayr-07 Fke67104Nscue' the provision of VILLAGE of of set 5 forth in APPENDIX III attached hereto and made a part hereof. The parties agree that all materials . and . personnel for non, -- emergency activities (i.e., parades, community events, etc.) shall be the responsibility of the VILLAGE,'including the cost of staffing service units cause by vacancy due to on -duty FIREFIGHTERS' participation. 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 April 1, 2004, and terminating on March 31, 2009, The parties may mutually agree to extend the contract • for up to one (1) year to negotiate and approve the subsequent agreement. 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 April 1, 2004 (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. 6 B. In the event of a Major Emergency, as further described additional in this section, in addition to the MINIMUM FEE, an 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 extend longer than one (1) hour in duration. 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. 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, Foam Pumper and Pumper, three (3) CITY 7 FIREFIGHTERS operating each Rescue and one (1) CITY 'FIREFIGHTER operating the Air Truck, and, one (1) 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 fire, watches shall be the same OFF DUTY OVERTIME RATES as charged to the public for FIRE -RESCUE SERVICES. The current rates (subject to change) are: • Inspector $ 45.00/hour • Rescue Unit $100.00/hour ..� • Firefighting Units $170.00/hour • Administrative Fee $ 12.00/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 8 employees, to the extent 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. AC C ESS 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 Florida Fire Prevention Code and any additional 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 9 • • enforce the 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 .hy.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. One appraisal shall be obtained by the CITY, and one appraisal shall be obtained by the VILLAGE and shall be averaged 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. 10 • SECTION IX ,TECHNOLOGIC.AL. IMPROVEMENTS: All technological improvements adopted and implemented by the MIAMI FIRE -RESCUE DEPARTMENT shall be offered to the KEY BISCAYNE FIRE RESCUE DEPARTMENT IYfytheEY BISCAX.NE fiFIREry1�ESCU.E;^ DEPARTMENT,, shoos wto take ` advaintage�• of these imE)rov merits ws5 the. h:u VILLACB 's portion' of the} cost of t use 3rnprdvement, shal1Lbed or•ne, by'tk? KEY BI SCAYNE-;:FIRE_, RESCUE :DE.PARTMENT SECTION X CANCELLATION. This Agreement• shall expire on March 31, 2009, 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 315t 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`athe 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 be binding on either party unless in writing and approved by the CITY'S Commission and the VILLAGE's Council. 11 SECTION X11 NOTICE. All notices provided by either party under this Agreement shall. be ..deemed.. to be Sufficiently. _ Sent i.f mailed by U..S.. Certified Mail, Return Receipt Requested, and shall be sent to the officers specified below: FOR THE CITY - CITY MANAGER Joe Arriola 444 S.W. 2'd Avenue Miami, Florida, 33130 .FOR THE VILLAGE - VILLAGE MANAGER Jacqueline R. Menendez 88 West McIntyre Street Key Biscayne, Florida 33149 SECTION XIII GENERAL CONDITIONS. A. Title and Paragraph headings are for convenient reference —e. 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. 12 • • D. Should any provision(s), paragraph(s), sentence(s), word(s) or phrase(s) 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 provision(s), paragraph(s), word(s) rd(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, 13 • The Agreement or firm unless performance or another person obligations undertaken by the CITY pursuant to this shall not be delegated or assigned to any other person the VILLAGE shall first consent in writing to the assignment of such service or any part thereof by 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 three (3) years after final payment and for a period of 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 CITE' any fee, commission percentage, brokerage fee, from'the award or gift of any kind contingent of this Agreement. SECTION XVIII. upon or resulting CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida, Miami -Dade County. and venue shall be in 14 SECTION XIX INDEPENDENT CONTRACTOR CITY and its employees and agents shall be deemed to be independent contractors, and not agents or employees of VILLAGE, rights or. benefits .under.. the. Civil and shall riot attain any Service or Pension Ordinance 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. that no otherwise qualified individual shall, Furthermore, solely by reason 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 or his/her race, sex, color, creed, national 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 15 r • of funds, or authorization, reduction of funds, and/or change in regulations. SECTION XXII DEFAULT PROVISION Tn 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 1, 2004 shall continue until March 31, 2009. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presentsto be signed in their names by the duly authorized officials, attested by their respective CITY and VILLAGE Clerk on 16 the day and year first herein above written. Village of Key Biscayne a municipal Corporation of the State of Florida c.u='ne R. MenA:? vez. (7 ill e Manager illage of Key Biscayne ST: lage Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r Village Attorney Village of Key Biscayne APPROVED AS TO INSURANCE RF UIREMENTS : Risk Ma agement Department Corpor of F1 City of Miami, a municipal of the ate Joe Arriola. City Manager City of Miami EST: y Clerk APPROV LEG FORM AND ENCY: ndro Vilarello ty Attorney City of Miami APPROVED AS TO INSURANCE REQUIREMENTS: Dania Carrillo Risk Management Administrator 17 APPENDIX I FEE SCHEDULE . A. For normal automatic aid and ancillary service to augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT, a monthly fee following years is established. This (the MINIMUM FEEY for tisc fee covers personnel and material as necessary in accordance with City of Miami Standard Operating Procedures. 1. April 1, 2004 through March $39,930 per month. 2. April 1, 2005 through March $3.9,930 per month. 3. April 1, 2006 through March $39,930 per month. 4. April 1, 2007 through March $39,930 per month. 5. April 1, 2008 through March $39,930 per month. 31, 2005 31, 2006 31, 2007 31, 2008 31, 2009 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 1A, Definition 8, the following fee schedule, in addition to the normal monthly fee, is established: 1. $1,570 per hour per Aerial/Quint Company 2. $1,178 per hour per Pumper Company 18 3, $7,85 per hour per Advanced Life Support Rescue Company 4, $1,035 per hour per Haz Mat Truck 5. $1,035 per hour per Foam Pumper Truck 6. $262 per hour per person for Special Equipment (Fire Boat, DistriCt Chief, Safety Officer, etc.) 7, $393 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, 4, and 5 above, and three (3) CITY FIREFIGHTERS operating equipment listed in item 3. In the event fewer CITY FIREFIGHTERS are provided, the charge wile -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. 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. 19 C. For fire watches, 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 Firefighters rate of pay is haseci ,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 time' and one-half at their hourly provide full fire rescue service to the such time as the KEY BISCAYNE term of this interim Agreement for full reflected in SECTION II of this Agreement equipment material and personnel for pay is based upon rate. 4. An Administrative Fee based on CITY Ordinance No. 10237 requiring a charge of $12.00 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. its own fire rescue services, the CITY agrees to provide until again fully operational. The fire rescue service, as and substituting CITY VILLAGE on a monthly basis FIRE 'RESCUE DEPARTMENT is 20 • VILLAGE equipment, material and personnel, would be for a maximum of twelve (12) months. Price will be determined should the actual need arise. 21 • 1 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 as soon as possible, upon request 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 of the scene to be of a by the fire officer in charge 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. 22 APPENDIX III MAJOR EMERGENCY.COMMAND STRUCTURE an emergency incident occurs within the Village of Key involving Miami Fire -Rescue Department units, the When Biscayne Command structure listed below will he followed: A. 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 the incident. B. Officers from the Village of Unequal Rescue Department is in charge of Rank: When Officers on an'inci dent 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 requiring their dispatch. This•Command Village of Key Biscayne 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 23 A' .01 k, Rescue Department. The District Chief will then be in charge of Operations. 3. The incident can be turned over to the appropriate authority of the Village of Key Biscayne Fire Rescue Department.