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HomeMy WebLinkAbout23732AGREEMENT INFORMATION AGREEMENT NUMBER 23732 NAME/TYPE OF AGREEMENT VILLAGE OF KEY BISCAYNE DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/FIRE, RESCUE, AUTOMATIC AID & ANCILLARY SERVICES/FILE ID: 9501/R-21- 0381/MATTER ID: 21-1859K/#22 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 12/10/2021 DATE RECEIVED FROM ISSUING DEPT. 12/15/2021 NOTE ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria 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? El YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? El YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT X PROFESSIONAL SERVICES AGREEMENT GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ['LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT El MAINTENANCE AGREEMENT El INTER -LOCAL AGREEMENT El LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY: 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-21-0381 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: UTING:INFORMATION'" " "' "' .: ' Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11/142l PRINT: i-; t7c(,4», SIGNATURE: ,/�� SUBMITTED TO RISK MANAGEMENT 4/ )/ 2'/ PRINT: ANN ARI HARPE SIGNA R-E�: SUBMITTED TO CITY ATTORNEY b. tit \ 1 PRINT:`V I.CT;ORIA MENDEZ , SIGNAT APPROVAL BY ASSISTANT CITY MANAGER PRIN��� SIGNATURE: RECEIVED BY CITY MANAGER frt W PRINT: ART NO A SIGNATURE: 1) ONEORIGINAL'TQCITY;CLERK; ,.__,__... 2) ONE COPY TO_CITY AEYTTORNS;OFFICE; 3) ,REMAININEORIGlNAL(S) TO,ORIGINATING DEPARTMENT _..... _.._ PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 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 9/25/2003, 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 9/8/2016, 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 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 Leon 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 int„e tutleex. R_ i, t City of Miami Legislation Resolution Enactment Number: R-21-0381 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9501 Final Action Date:9/23/2021 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: 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: 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. 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 day of , 20 , 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 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. 4,11 -1145 be sufficient and appropriate for the specific 2 Through J., means that which has been determined to 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. 3 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 (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. '14 01. 0 , -„0,0 -°/e 6,2 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 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. 6 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 7 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 8 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 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 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 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 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 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. 12 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 - VILLAGE MANAGER Steve Williamson 88 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. 13 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 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 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. 15 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 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 il to comply with each and VNA- every term and conditionof: this..,Agreement or fails to perform any of the terms and a&aitig contained herein, then the VILLAGE, at its sole option on 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 October 1, 2016 shall continue until September 30, 2021. 17 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be authorized officials, signed in their names by the duly attested by their respective CITY and VILLAGE Clerk on the day and year first herein above written. Village oBiscayne, A mu c' •: , orporation of t 14 ::/ of Florida S 1 ve tilliamson illage Manager Village of Key Biscay ATTEST: 3. Kos, Jo lyn B Koch Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney Village of Key Biscayne 18 City of Miami, A municipal corporation of the Stde of Florida Arthur V. Noriega City Manager ty of Miami Todd Hannoi City Clerk 72 <APPROVD 0 FORM AND LEGUFFIC NCY: f t rVicttiria Mendez C,iety Attorney City of Miami APPROVED AS TO INSURANCE REQUIREMENTS:i, Ann -Marie Sharpe, Director Dept. of Risk Management 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 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 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 be for a maximum of twelve (12) months. Price will be determined should the actual need arise. 22 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 all attempted fire bombings, all explosions where there is a fire related death and all deaths resulting from fire related injuries. 24 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: 1. The District Chief is relieved of Command by a Miami Officer of higher rank. 24 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. 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 Miami 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 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. Implementation. 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: 9O T . kL JLYNN B 1 CH VILLAGE CLERK MICHAEL W. DAVEY, MAY APPROVED AS TO FORM AND LEGAL SUFFICIENCY:`ttat t WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of 2