HomeMy WebLinkAbout26128AGREEMENT INFORMATION
AGREEMENT NUMBER
26128
NAME/TYPE OF AGREEMENT
VILLAGE OF KEY BISCAYNE
DESCRIPTION
EXTENSION OF AUTOMATIC AID & ANCILLARY SERVICES
AGREEMENT/EXTENSION OF ONE YEAR PERIOD/FILE ID:
9501 /R-21-0381 /MATTER ID: 26-992
EFFECTIVE DATE
October 1, 2026
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/8/2026
DATE RECEIVED FROM ISSUING
DEPT.
5/14/2026
NOTE
DOCUSIGN AGREEMENT BY EMAIL
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue Department
DEPT. CONTACT PERSON: Chief Robert Hevia EXT. 5427
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): An agreement between the City of Miami and the Village of Key Biscayne
to extend services and provide fire -rescue, automatic aid, and ancillary services for a period of one (1) year.
COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
April 29, 2026 19:31:11
PRINT: Robert
EDT
SIGNATURE:
Hvi signed by:
rblgt Vt t-k-Gvia,
DS
tie
TO RISK MANAGEMENT
April 29, 2026 � 11:05:39
PRINT: David
EDT
SIGNATURE:
KU cosigned by:
ocuSigned by:
Fratnl ab144(15
SUBMITTED TO CITY ATTORNEY
Matter ID-26-992
May 1, 2026 12:23
PRINT: George
1SIGNATURE:
Kbgvor�gYfI
gee III
�Ant- wiS
�—o8
Initial
h' 'M I
APPROVAL BY ASSISTANT CITY MANAGER
6E9FE8'82-488...
PRINT:
SIGNATURE:
APPROVAL BY DEPUTY CITY MANAGER
May 1, 2026 1 13:36
PRINT: Natas
10 EDT
SIGNATURE:
Cjlg ,{tpk,.Williams
Ne4441.4 �, &-IW;u
84B700975DEA41B
RECEIVED BY CITY MANAGER
May 7, 2026 1 11:42
PRINT: James
06 EDT
SIGNATURE:
Reyes
Signed by:
A08C256F2C6A478...
SUBMITTED TO CITY CLERK
May 8, 2026 112:51
PRINT: Todd
38 EDT
SIGNATURE:
Hannon
,—DocuSigned by:
`— E46nz5 aucF145<1
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
Qflt of 4Tharni
This Extension Agreement ("Extension") is entered into by and between the City of Miami
("City") and the Village of Key Biscayne ("Village"), collectively referred to as the "Parties."
WHEREAS, the Parties previously entered into an Automatic Aid and Ancillary Services
Agreement ("Agreement"), attached hereto and approved by City Resolution R-21-0381, with a
termination date of September 30, 2026; and
WHEREAS, Section III of the Agreement provides that the Parties may mutually agree to
extend the Agreement for up to one (1) additional year; and
WHEREAS, the Parties desire to extend the Agreement to allow for continued services while
negotiating and seeking approval of a subsequent long-term agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
1. Extension of Term
The term of the existing Agreement is hereby extended for a period of one (1) year,
commencing on October 1, 2026, and terminating on September 30, 2027.
2. No Other Changes
All other terms, conditions, and provisions of the original Agreement shall remain in full
force and effect and are hereby ratified and reaffirmed by both Parties.
3. Future Agreement
During the Extension term, the Parties agree to negotiate and seek the necessary
approvals, including Commission approval where required, for a new long-term
agreement, should both Parties elect to proceed.
4. Effective Date
This Extension shall become effective upon execution by both Parties.
[SEE SIGNATURES ON FOLLOWING PAGE]
DEPARTMENT OF FIRE -RESCUE
1151 N.W. 7th Street / Miami, FL 33136 / (305) 416-5400 / Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
FOR THE VILLAGE OF KEY BISCAYNE
ATTEST:
BY:
Jocelyn .8zsa91447
Village Clerk
DocuSigned by:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:
DocuSigned by
y.
Village Attorney
Initial DS
rr
ATTEST:
-DocuSigned by:
BY:•—E46DP.
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
DocuSigned by:
E9FE88248B...
George K. Wysong III
City Attorney
BY:
CSigned by
c
b IWuuMS6Ut
Steve Wi liams011 b .
Village 4 l tiger
FOR THE CITY OF MIAMI
Signed by:
ra
Initial
Matter ID-26-992
Signed by:
BY: 8s.6e��az8
mes Reyes
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
DocuSigned by:
BY:
5ee&1-e21*1E7...
Dav'd Ruiz
Interim Director of Risk Management
Fr'a,tA1 ro14,1v7
COUNTERPARTS AND ELECTRONIC SIGNATURES. This Extension may be executed in
any number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same. The Parties shall be entitled to sign
and transmit an electronic signature of this Extension (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the Party whose name is contained therein. Any
Party providing an electronic signature agrees to promptly execute and deliver to the other Parties
an original signed Extension upon request.
DEPARTMENT OF FIRE -RESCUE
1151 N.W. 7th Street / Miami, FL 33136 / (305) 416-5400 / Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Marra T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "The Village of Key Biscayne"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
X PROFESSIONAL SERVICES AGREEMENT
GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY:
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): An Agreement between the City of Miami and the Village of
Key Biscayne to provide fire -rescue, automatic aid, and ancillary services for a period of five (5)
years.
COMMISSION APPROVAL DATE: 9/23/2021
FILE ID: 9501 ENACTMENT NO.: R-2.I-0381
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
U„ AlMF Rr 4I.„
Date
PLEASE PRINT AND --SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
1042 4
PRINT:C'
SIGNATURE: As„..___. --
SUBMITTED TO RISK MANAGEMENT
/I/
) /
PRINT: AN ARI HARPE
f 1
SIGNAT TRE:
SUBMITTED TO CITY ATTORNEY
L - .,
PRINTS'" VICFFORIA MENDEZ
Z.-L.')
SIGNATURE
APPROVAL BY ASSISTANT CITY MANAGER
PRINTw.:y'-
SIGNATURE:
RECEIVED BY CITY MANAGER
frf
PRINT: ART NO + A
SIGNATURE:
1) ow. QRIGIIA TO CITY CLI=RKJ
2) 0:000PYTO;'CITY.ATTORNEY'S„OFFICE;
3) REMAINING ORIGINALS) TO ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM
TO ALL DOCUMENTS
THAT RE[Jtt11RF
EXECUTION BY THE CITY MANAGER
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
AGENDA ITEM SUMMARY FORM
File ID: #9501
Date: 08/10/2021
Commission Meeting Date: 09/23/2021
Requesting Department: Department of Fire -
Rescue
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Authorize Agreement - Village of Key Biscayne
Purpose of Item:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to enter into an Agreement with the Village of Key
Biscayne ("Village") to provide fire -rescue, automatic aid, and ancillary services to the
Village for a period of five (5) years commencing on October 1, 2021 and terminating on
September 30, 2026. This agreement will generate $573,144.00 in revenue for the City
of Miami over the first year, which is an increase of $27,816.00 over the previous
agreement, with future annual revenue to be adjusted according to the CPI-U, as
stipulated therein.
Background of Item:
On June 9, 1998, the City Commission adopted Resolution No. 98-555 which
authorized the City Manager to enter into an agreement with the Village of Key
Biscayne ("Village") to provide fire -rescue, automatic aid, and ancillary services to the
Village. Subsequently, on September 22, 1998, the City entered into the agreement with
the Village for a period of five (5) years commencing on October 1, 1998, and
terminating on September 30, 2003.
Since entering into the aforementioned agreement, the City and Village have found this
to be a mutually beneficial relationship and, pursuant to Resolution No. 03-1053,
adopted on 9125/2003, Resolution No. 04-0132, adopted on 3/1/2004, Resolution No.
10-0100, adopted on 3/11/2010, and Resolution No. 16-0403, adopted on 9/812016,
have continued to renew this agreement at the end of each term. The current
agreement is now due to expire on September 30, 2021.
Renewing this agreement will allow the Department of Fire -Rescue to continue
providing the Village with such services on a contractual basis and generate
$573,144.00 in revenue for the City of Miami over the first year. This is an increase of
$27,816.00 over the previous agreement, with future annual revenue to be adjusted
according to the CPI-U, as stipulated therein.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$573,144.00
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed By
Ty McGann
Johnny Duran
Eloy Garcia
Pedro Lacret
Lean P Michel
Valentin J Alvarez
Arthur Noriega V
Thomas M. Fossler
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
City Clerk's Office
Fire Department Review
Fire Budget Review
Fire Chief Review
Budget Analyst Review
Budget Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed 08/10/2021 2:24 PM
Completed 08/11/2021 7:17 AM
Completed 08/11/2021 10:45 AM
Completed 08/11/2021 5:47 PM
Completed 08/11/2021 6:08 PM
Completed 08/12/2021 9:27 AM
Completed 08/12/2021 10:21 AM
Completed 08/30/2021 12:05 PM
Completed 08/30/2021 8:58 PM
Completed 09/01/2021 11:05 AM
Completed 09/23/2021 9:00 AM
Completed 10/01/2021 11:41 AM
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
City of Miami
Legislation
Resolution
Enactment Number: R-21-0381
City Hall
3500 Pan American Drive
Miami, FL 33133
www.mfamigov.ccm
File Number: 9501
Final Action Date:9/2312021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
THE VILLAGE OF KEY BISCAYNE ("VILLAGE") TO PROVIDE FIRE -RESCUE,
AUTOMATIC AID, AND ANCILLARY SERVICES TO THE VILLAGE FOR A PERIOD
OF FIVE (5) YEARS COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER
30, 2026.
WHEREAS, pursuant to Resolution No. R-98-555 adopted June 9, 1998, the Village of
Key Biscayne ("Village") and the City of Miami ("City") entered into an agreement to provide fire -
rescue, automatic aid, and ancillary services to the Village for a period of five (5) years
commencing October 1, 1998 and ending September 30, 2003; and
WHEREAS, pursuant to Resolution Nos, R-03-1053, R-04-132, R-10-0100, and R-16-
0403, the latest of which was adopted September 8, 2016, the City has continued its
relationship with the Village, entering five (5) year agreements to continue providing fire -rescue,
automatic aid, and ancillary services to the Village; and
WHEREAS, the current agreement with the Village is set to expire on September 30,
2021; and
WHEREAS, the City and the Village have found this to be a mutually beneficial
relationship and both parties have met all obligations of all previous agreements; and
WHEREAS, entering into a new agreement in substantially the attached form as Exhibit
"A", attached and incorporated ("Agreement"), will allow the Department of Fire -Rescue to
continue providing fire -rescue, automatic aid, and ancillary services to the Village; and
WHEREAS, the Agreement will bring annual revenue to the City in the amount of
$573,144.00 in the first year, which is an increase of $27,816.00 from the current agreement,
with future annual revenue to be adjusted according to the CPI-U as provided for in Appendix I
of the Agreement, attached and incorporated as Exhibit "A"; and
WHEREAS, revenue funds are to be allocated to Account No.
0001.181000.438000,0000.00000; and
WHEREAS, the City desires to enter into the Agreement for the provision of fire -rescue,
automatic aid, and ancillary services to the Village for a period of five (5) years commencing on
October 1, 2021 and ending September 30, 2026, unless the Agreement is cancelled by either
party in the manner provided in the Agreement, attached and incorporated as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to execute the Agreement, in substantially
the attached form as Exhibit "A", attached and incorporated, between the City and the Village to
provide fire -rescue, automatic aid, and ancillary services to the Village for a period of five (5)
years commencing on October 1, 2021 and ending September 30, 2026.
Section 3. This Resolution shall become effective immediately upon is adoption.
APPROVED AS TO FORM AND CORRECTNESS:
y;ttor.
rey .9/1/20.21
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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
THIS AGREEMENT, entered into this <7o ; day of
Decks e r
, 20 )1, 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 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
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 VEHICLE" means an apparatus meeting the
appropriate requirements as set forth in NFPA
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
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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
3
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 (as
specified within NFPA 1710) and one ADVANCED LIFE SUPPORT RESCUE
VEHICLE staffed with three fully paid VILLAGE FIREFIGHTERS and
all required equipment. MIAMI FIRE -RESCUE DEPARTMENT shall
respond upon request to staff the VILLAGE Fire Station once Key
Biscayne;
• Units have responded to two calls for service and the
Officer in charge of 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 from 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
dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation
codes.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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
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 fire recruit training
for the VILLAGE's newly hired firefighter candidates. KEY
BISCAYNE FIRE RESCUE DEPARTMENT will be responsible for all
other 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 for VILLAGE vehicle 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 for maintenance of Computer Aided Dispatch
System utilized by the Village of KEY BISCAYNE FIRE RESCUE
DEPARTMENT.
5
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
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 unit's caused 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 October 1, 2021 and terminating on
September 30, 2026. The parties may mutually agree to extend the
contract for up to one (1) year to negotiate and approve the
subsequent agreement.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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, 2021 (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 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
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 Engine, Fire Boat and Fire
Engine, three (3) CITY FIREFIGHTERS operating each Rescue, and
two (2) CITY FIREFIGHTERS operating the Air Truck, and one (1)
District Chief, (1) Battalion Commander, one (1) EMS Captain,
and one (1) Safety Officer 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. Pursuant to Florida State Statute 218.74, The VILLAGE
shall make payment within forty five (45) 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
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
delinquent invoices from the forty six (46) day after invoicing
until they are paid.
F. Charges for fire watches shall be the same OFF DUTY
OVERTIME RATES found in Chapter 19, Section 19.9 of the
City of Miami Municode as charged to the public for FIRE -
RESCUE SERVICES. The current rates (subject to change)
are:
• Inspector $ 65.77/hour
• Rescue Unit $208.83/hour
• Firefighting Units $281.56/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
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.
9
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
S. 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, when available and resources permit, 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 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.
10
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
SECTION IX
TECHNOLOGICAL IMPROVEMENTS.
All technological improvements adopted and implemented by
the MIAMI FIRE -RESCUE DEPARTMENT shall be offered to the KEY
11
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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, 2026 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 30th day of September 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.
SECTION XI
AMENDMENT S .
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.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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
Arthur V. Noriega
444 S.W. 2nd Avenue
Miami, Florida, 33130
FOR THE VILLAGE m VILLAGE MANAGER
Steve Williamson
88 West McIntyre Street
Key Biscayne, Florida 33149
SECTION XIII
GENERAL COND I T I ONS .
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.
13
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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), 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.
14
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 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 three (3) years after final payment is made under this
Agreement.
SECTION XVII
AWARD Or 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.
15
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 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 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.
16
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
SECTION XXII
DEFAULT PROVISION
In the event that
1 to comply with each and
every term and condition': ;o:',: thisfeement or fails to perform
any of the terms and coiiditicrLs contained herein, then the
VILLAGE, at its sole option;' 'up'cn ninety ( 9^O). ,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 October 1, 2016
shall continue until September 30, 2021.
17
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 the day and year first herein above written.
Village of Biscayne,
A munic'+�. orporation
of t of Florida
S -ve ++illiamson
Village Manager
Village of Key Biscay
ATTEST:
Joslyn BKoch
Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Village Attorney
Village of Key Biscayne
18
City of Miami,
A municipal corporation
of the Ste of Florida
Arthur V . Noriega
City Manager
ty of Miami
TEST:
Todd Hannd
City Clerk
fir .
(APPRO,y,gD , AS—ZO FORM AND
LEG ;ti''tUFFICT9 NCY:
f
Victiia Mendez
Cvty Attorney
City of Miami
APPROVED AS TO INSURANCE
REQUIREMENTS:/
Ann -Marie Sharpe, Director
Dept. of Risk Management
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
APPENDIX I
FEE SCHEDULE
A. For normal automatic aid and ancillary services to
augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT, a monthly fee
(the MINIMUM FEE) shall be established. For the first year of
this Agreement, the monthly fee shall be forty seven thousand
seven hundred sixty two dollars (47,762.00). Thereafter, thirty
(30) days prior to the annual anniversary, the City will review
the Consumer Price Index for All Urban Consumers (CPI-U), Not
Seasonally Adjusted, Miami -Fort Lauderdale -West Palm Beach, and
adjust the fee accordingly, with a maximum annual increase or
decrease of no more than 3% above or below the previous year.
This fee covers personnel and material as necessary in
accordance with City of Miami Standard Operating Procedures.
The CITY will provide a monthly invoice with appropriate
documentation as required. Pursuant to Florida State Statute
218.74, the VILLAGE shall make payment within forty five (45)
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:
19
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
1. $1,758 per hour per Aerial/Quint Company
2. $1,319 per hour per Pumper Company
3. $1,159 per hour per Haz Mat Truck/Dive Unit/TRT Unit
4. $1,319 per hour per Foam Pumper Truck
5. $879 per hour per Advanced Life Support Rescue
Company
6. $1,319 per hour per Fire Boat
7. $293 per hour per person for Special Equipment
(District Chief, Battalion Commander, Safety Officer,
etc.)
8. $440 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, 3, 4, and 6 above,
and three (3) CITY FIREFIGHTERS operating equipment listed in
items 5. 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
20
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
C. Fire watches, shall be the same OFF DUTY OVERTIME RATES
found in Chapter 19, Section 19.9 of the City of Miami
Municode as charged to the public for FIRE -RESCUE
SERVICES. The current rates (subject to change) are:
• Inspector $ 65.77/hour
• Rescue Unit $208.83/hour
• Firefighting Units $281.56/hour
• An Administrative Fee based on CITY Ordinance No.
10237 requiring a charge of $12.00 per person per day.
• Charges may be changed based upon contract agreement
between the City of Miami and Miami 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
21
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
be for a maximum of twelve (12) months. Price will be determined
should the actual need arise.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
APPENDIX II
INSPECTION SERVICES
A. The CITY, when available and resources permit, 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, when available and resources permit, will
provide during normal business hours Monday through Friday
from 8:00 A.M. until 5:00 P.M. 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 by the fire officer in charge of the scene to be
of a suspicious or undetermined nature, all fire bombings,
23
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
all attempted fire bombings, all explosions where there is
a fire related death and all deaths resulting from fire
related injuries.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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 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.
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:
I. The District Chief is relieved of Command by a
Miami Officer of higher rank.
24
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
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.
3. The incident can be turned over to the appropriate
authority of the Village of KEY BISCAYNE FIRE RESCUE
DEPARTMENT.
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
RESOLUTION NO. 2021-49
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
AN AGREEMENT WITH THE CITY OF MIAMI FOR FIRE,
RESCUE, AUTOMATIC AID, AND ANCILLARY SERVICES
AT AN ANNUAL COST OF $573,144.00; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne ("Village") Fire Department requires certain
fire, rescue, automatic aid, and ancillary services (the "Services") to augment the fire protection
and related services provided by the Village Fire Rescue Department; and
WHEREAS, the City of Miami ("Miami") desires to continue providing the Services
offered by its Fire Rescue Department to the Village on a contractual basis at an annual cost of
$573,144.00; and
WHEREAS, the Village Council desires to approve the Agreement with Miarni for the
Services in substantially the form attached hereto as Exhibit "A" ("the Agreement") and authorize
the Village Manager to execute the Agreement; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above -stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval That the Village Council hereby approves the Agreement, in
substantially the form attached hereto as Exhibit "A," for the Services at an annual cost of
$573,144.00.
Page 1 of 2
Docusign Envelope ID: 05C86C11-3669-8482-824C-5A55DF623551
Section 3. Authorization. That the Village Manager is hereby authorized to execute
the Agreement, in substantially the form attached hereto as Exhibit "A," subject to the approval of
the Village Attorney as to form, content, and legal sufficiency.
Section 4. I lementation. That the Village Manager is hereby authorized to take all
actions necessary to implement the purposes of this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 12th day of October , 2021.
ATTEST:
P")
.I�LYN B. CH
VILLAGE CLERK
MICHAEL W. DAVEY, MAY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of 2
Olivera, Rosemary
From: Acle-Menendez, Ana
Sent: Thursday, May 14, 2026 8:32 AM
To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Cc: Hevia, Robert; Plasencia, Adrian; Diaz, Christopher; Perez, Steve; Alexandre, Marc;
Ramlal, Vishwani
Subject: Signed Extension Agreement with Key Biscayne Fire Rescue
Attachments: Extension_Agreement_with_KBFR.pdf
Good morning, Members of the Office of the City Clerk,
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an
original agreement for your records. (Pages 2 and 3 contain the actual agreement.)
Please let me know if I may be of further assistance.
Thank you kindly,
Ana Acle-Menendez, MBA
Assistant to Fire Chief Robert Hevia
City of Miami Fire -Rescue
1151 NW 7th Street, 3rd Floor
Miami, FL 33136
Office: 305-416-5427
Email: anaacle@miamigov.com
"EceOCence Through Seroice!"
This e-mail and any attachments may contain confidential information. If you are not the intended recipient, please
notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use
of this information by a person other than the intended recipient is unauthorized.
1