HomeMy Public PortalAbout2010-14 Approving agreement with City of Miami Fire Rescue Department for Automatic AideRESOLUTION NO. 2010-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
AGREEMENT BETWEEN THE VILLAGE OF KEY
BISCAYNE AND THE CITY OF MIAMI FOR FIRE, RESCUE,
AUTOMATIC AIDE AND ANCILLARY SERVICES AT THE
VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR
CONTINUED SERVICES TO BE PROVIDED BY THE CITY
OF MIAMI TO THE VILLAGE OF KEY BISCAYNE FOR
AUGMENTATION OF FIRE RESCUE AND RELATED
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has requested certain fire, rescue and fire inspection services be
performed by the City of Miami Fire Department to augment the fire protection services provided
by the Village Fire Rescue Department; and
WHEREAS, the City of Miami is desirous of continuing to provide such services for the
Village on a contractual basis; and
WHEREAS, the Village Council finds that approval of the attached Agreement between the
Village of Key Biscayne and the City of Miami is in the best interests of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Agreement between the Village of Key
Biscayne, Florida and the City of Miami for Fire, Rescue, Automatic Aide and Ancillary Services
at the Village of Key Biscayne, Florida (the "Agreement") in substantially the form attached hereto,
is hereby approved and the Village Manager is hereby authorized to execute the Agreement on behalf
of the Village, once approved as to form and legal sufficiency by the Village Attorney.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
necessary action to implement this Resolution and the Agreement.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 27th day of April, 2010.
MAYOR ROBERT L. VERNON
AT
,d/ifif°
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICI
VILLAGE ATTORNEY
103.001/Resolutions/Resolution for Agreement Between Village and Miami Re Fire Rescue 4.13.10
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City of Miami
Master Report
Resolution R-10-0100
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID #: 10-00184
Version: 1
Enactment Date: 3/11/10
Controlling City Commission Status: Passed
Body:
Title: 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 (THE "VILLAGE")
TO PROVIDE FIRE RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES TO THE VILLAGE, FOR
A PERIOD OF FIVE YEARS, COMMENCING APRIL 1, 2010 THROUGH MARCH 31, 2015.
Reference:
Name: Execute Agmt-Key Biscayne -Ancillary Services
Introduced: 2/16/10
Requester: Department of Cost: Final Action: 3/11/10
Fire -Rescue
Notes:
Sections:
Indexes:
Attachments: 10-00184 Legislation.pdf, 10-00184 Exhibit.pdf, 10-00184 Summary Form.pdf
Action History
Ver. Acting Body Date
Action Sent To Due Date Returned Result
1
1
1
1
Office of the City 3/3/10 Reviewed and
Attorney Approved
City Commission 3/11/10 ADOPTED
A motion was made by Richard Dunn II, seconded by Wifredo (Willy) Gort, that this matter be ADOPTED. The
motion carried by the following vote:
Aye: 5 - Frank Carollo, Wifredo (Willy) Gort, Marc David Sarnoff, Francis Suarez and Richard Dunn II
Office of the Mayor
3/18/10 Signed by the Mayor Office of the City
Clerk
Office of the City Clerk 3/18/10 Signed and Attested by
City Clerk
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City of Miami
Page 1 Printed on 3/22/2010
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00184 Final Action Date:
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 (THE "VILLAGE") TO PROVIDE FIRE
RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES TO THE VILLAGE, FOR
A PERIOD OF FIVE YEARS, COMMENCING APRIL 1, 2010 THROUGH MARCH
31, 2015.
WHEREAS, pursuant to Resolution No. 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 for the Village for a period of five (5) years commencing October
1, 1998 through September 30, 2003; and
WHEREAS, pursuant to Resolution No. 03-1053, adopted September 25, 2003, the City
entered into a First Amendment Agreement with the Village dated September 25, 2003, to extend the
contract on a month -to -month basis, not to exceed six (6) months, from October 1, 2003 through
March 31, 2004, to continue providing such services for the Village while the City's Department of
Fire -Rescue negotiated a new contract; and
WHEREAS, pursuant to Resolution No. 04-132, adopted March 1, 2004, the City entered into
an Agreement with the Village to provide Automatic Aid and Ancillary Fire Services to the Village for a
period of five (5) years commencing on April 1, 2004 through March 31, 2009; and
WHEREAS, the City and the Village have found this to be a mutually beneficial relationship,
and both parties have met all obligations of the previous contract; and
WHEREAS, it is necessary to extend said Agreement for a period of five (5) years commencing
April 1, 2010, to engage the City to implement such services on a contractual basis until such time as
the Agreement may be cancelled by either party in the manner provided for;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, 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 April 1, 2010 through March 21,
2015.
City of Miami Page 1 of 2 File Id: 10-00184 (Version: 1) Printed On: 2/19/2010
File Number: 10-00184
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:$'
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
{2} If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 10-00184 (Version: 1) Printed On: 2/19/2010
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
, 201 , 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
cTh,9vio-may
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
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
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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.
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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.
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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 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, 2010, and terminating on
March 31, 2015. 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.
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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, 2010 (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
automatically accrue on delinquent invoices from the ninety
first (91) day after invoicing until they are paid.
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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
FIREFIGHTERS operating each Rescue and Fire Boat, 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:
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" I n s p e c t o r $ 4 5 . 0 0 / h o u r
" R e s c u e U n i t $ 1 0 0 . 0 0 / h o u r
" F i r e f i g h t i n g U n i t s $ 1 7 0 . 0 0 / h o u r
" A d m i n i s t r a t i v e F e e $ 1 2 . 0 0 / p e r p e r s o n a s s i g n e d
S E C T I O N V
I N D E M N I F I C A T I O N .
T h e V I L L A G E s h a l l i n d e m n i f y a n d s a v e h a r m l e s s t h e C I T Y f r o m
a n y a n d a l l c l a i m s , l i a b i l i t y , l o s s e s a n d c a u s e s o f a c t i o n
a r i s i n g o u t o f t h e n e g l i g e n c e o f V I L L A G E ' s a g e n t s , o f f i c e r s o r
e m p l o y e e s , t o t h e e x t e n t o f t h e l i m i t a t i o n s i n c l u d e d w i t h i n
F l o r i d a S t a t u t e s , S e c t i o n 7 6 8 . 2 8 .
T h e C I T Y s h a l l i n d e m n i f y a n d s a v e h a r m l e s s t h e V I L L A G E f r o m
a n y a n d a l l c l a i m s , l i a b i l i t y , l o s s e s a n d c a u s e s o f a c t i o n
a r i s i n g o u t o f t h e n e g l i g e n c e o f C I T Y ' s a g e n t s , o f f i c e r s , o r
e m p l o y e e s , t o t h e e x t e n t o f t h e l i m i t a t i o n s i n c l u d e d w i t h i n
F l o r i d a S t a t u t e s , S e c t i o n 7 6 8 . 2 8 .
S E C T I O N V I
A C C E S S , F I R E C O D E , F I R E I N S P E C T I O N .
A . A C C E S S
T h e V I L L A G E h e r e b y c o n f i r m s t h a t i t s h a l l p r o v i d e
u n e n c u m b e r e d i n g r e s s a n d e g r e s s t o C I T Y p e r s o n n e l , v e h i c l e s ,
b o a t s a n d h e l i c o p t e r s e n t e r i n g o r d e p a r t i n g t h e V I L L A G E f o r t h e
p u r p o s e s o f e x e c u t i n g t h e p r o v i s i o n s o f t h i s A g r e e m e n t ,
i n c l u d i n g , b u t n o t l i m i t e d t o , m e d i c a l e m e r g e n c i e s , f i r e
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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
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.
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
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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 loo between appraisals.
SECTION IX
TECHNOLOGICAL IMPROVEMENTS.
All technological improvements adopted and implemented by
the MIAMI FIRE -RESCUE DEPARTMENT shall be offered to the KEY
BISCAYNE FIRE RESCUE DEPARTMENT. If the KEY BISCAYNE FIRE RESCUE
DEPARTMENT chooses to take advantage of these improvements, the
VILLAGE's portion of the cost of these improvements shall be
borne by the KEY BISCAYNE FIRE RESCUE DEPARTMENT.
SECTION X
CANCELLATION.
This Agreement shall expire on March 31, 2015 provided,
however, that on any fiscal year during the term of this
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Agreement, either party may terminate, without cause, only upon
written notice served upon the non canceling party on or before
the 31st day of July of such year. Cancellation will be at the
discretion of the City Manager on behalf of the CITY and Village
Manager on behalf of the VILLAGE. In the event of such
cancellation, the CITY shall be paid fees for all services
provided prior to the effective date of such cancellation.
SECTION XI
AMENDMENTS.
This Agreement may be amended only upon the written
agreement of the parties. No amendments to this Agreement shall
be binding on either party unless in writing and approved by the
CITY's Commission and the VILLAGE's Council.
SECTION 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
Pedro Hernandez
444 S.W. 2nd Avenue
Miami, Florida, 33130
FOR THE VILLAGE - VILLAGE MANAGER
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Genaro Iglesias
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.
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
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provisions of this Agreement shall remain unmodified and in full
force and effect.
SECTION XIV
OWNERSHIP OF DOCUMENTS.
VILLAGE agrees that all documents maintained and generated
pursuant to this contractual relationship between CITY and
VILLAGE shall be subject to all provisions of the Public Records
Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that
any information, writings, maps, contact documents, reports or
any other matter whatsoever which is given by CITY to VILLAGE
pursuant to this Agreement shall at all times remain the
property of the CITY and shall not be used by the VILLAGE for
any other purposes whatsoever without the written consent of the
CITY.
SECTION XV
NONDELEGABILITY.
The obligations undertaken by the CITY pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless the VILLAGE shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
SECTION XV1
AUDIT RIGHTS.
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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.
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.
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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.
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
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lack of funds, or authorization, reduction of funds, and/or
change in regulations.
SECTION XXII
DEFAULT PROVISION
In the event that CITY shall fail to comply with each and
every term and condition of this Agreement or fails to perform
any of the terms and conditions contained herein, then the
VILLAGE, at its sole option, upon ninety (90) day written notice
to the CITY, may cancel and terminate this Agreement.
SECTION XXIII
ENTIRE AGREEMENT
Except as specified below, this instrument and its
attachments constitute the sole and only Agreement of the
parties hereto relating to the subject hereof and correctly sets
forth the rights, duties, and obligations of each to the other
as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect, except that the Agreement of April 1, 2010
shall continue until March 31, 2015.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by the duly
17
authorized officials, attested by their respective CITY and
VILLAGE Clerk on the day and year first herein above written.
Village of Key Biscayne
a municipal Corporation
of thi State lof Florida
Village ManaVr
Village of Key Biscayne
Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Village Attorney j
Village of Key Biscayne
APPROVED AS TO INSURANCE
REQUIREMENTS:
City of Miami, a municipal
Corporation of the State
of Flor a
Carlos A. Migoya
City Manager
City of Miami
ATTEST:
Priscilla A. Thomp on
City Clerk 3 _ 3e i t>
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Julie- Y. Bru
City Attorney
City of Miami
c,LeeAnn Brehm, D.tector
Department of Risk Management
le
APPENDIX I
FEE SCHEDULE
A. For normal automatic aid and ancillary service to
augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT, a monthly fee
(the MINIMUM FEE) for the following years is established. This
fee covers personnel and material as necessary in accordance
with City of Miami Standard Operating Procedures.
1. April 1, 2010 through March 31, 2011
$44,772 per month.
2. April 1, 2011 through March 31, 2012
$44,772 per month.
3. April 1, 2012 through March 31, 2013
$44,772 per month.
4. April 1, 2013 through March 31, 2014
$44,772 per month.
5. April 1, 2014 through March 31, 2015
$44,772 per month.
The CITY will provide a monthly invoice with appropriate
documentation as required. The VILLAGE shall make payment within
thirty (30) days after mailing by the CITY of the invoice with
the exception of Paragraph C, Section IV. Interest at the rate
of twelve percent (120) per annum shall automatically accrue on
delinquent invoices until they are paid.
B. For Major Emergencies, as defined in Section 1A,
Definition 6, 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. $1,159 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, 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, and 4 above,
and three (3) CITY FIREFIGHTERS operating equipment listed in
items 5 and 6. In the event fewer CITY FIREFIGHTERS are
provided, the charge will be reduced proportionately.
For the purposes of this Agreement, a "Major Emergency" is
defined as those incidents that involve automatic aid multi -
company dispatches and extend longer than one (1) hour in
duration. These incidents are considered out of control. Not
20
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 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 based upon time and one-half at their hourly
rate.
2. MIAMI FIRE -RESCUE DEPARTMENT Paramedics rate of pay
is based upon time and one-half at their hourly
rate.
3. MIAMI FIRE -RESCUE DEPARTMENT Fire Inspectors rate of
pay is based upon time and one-half at their hourly
rate.
4. An Administrative Fee based on CITY Ordinance 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
provide its own fire rescue services, the CITY agrees to provide
21
full fire rescue service to the VILLAGE on a monthly basis until
such time as the KEY BISCAYNE FIRE RESCUE DEPARTMENT is again
fully operational. The term of this interim Agreement for full
fire rescue service, as reflected in SECTION II of this
Agreement and substituting CITY equipment material and personnel
for VILLAGE equipment, material and personnel, would be for a
maximum of twelve (12) months. Price will be determined should
the actual need arise.
22
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 by the fire officer in charge of the scene to be
of a suspicious or undetermined nature, all fire bombings,
all attempted fire bombings, all explosions where there is
23
a fire related death and all fire 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.
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.
Date: 2/812010
AGENDA ITEM SUMMARY FORM
FILE ID: - —400 ticV
Requesting Department: Fire -Rescue
Commission Meeting Date:.3 tin /0 District Impacted: Al 1
Type: X Resolution 0 Ordinance [3 Emergency Ordinance El Discussion Item
El Other
Subject: Contract Agreement with The Village of Key Biscayne for Ancillary Fire services
Purpose of 1tem:
1tIt is respectfrdly recommended that the City Commission adopt the attached Resolution authorizing:
he City Manager to enter into an Agreement with the Village of Key Biscayne (the "Village") to
provide Automatic Aid and Ancillary Fire Services to said VILLAGE, for a period of five (5) years
commencing Apra 1, 2010 through March 31, 2015. This contract will continue to bring in revenue
for the City of Miami, in the amount of 3537,264 yearly, which is 358,104 more per year than the.
previous contract.
Background Information:
Law Department
Matter 111 No.
10-494 .
(EE ATTACHED)
Budget Impact Analysis
YES Is this item related to revenue? exte-1;200. 4388900
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No.
C1'Project No:
NO D this item funded by Homeland DefenselNeigb%orbood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact: 3537.264.00 f ycarIy)
Ymal Approvals
tS1GN AND DAM
c Budget
If or R m funds
Grants Risk Manageme
4FC
FurcL Dept. Directo
Chief t% M .' ,
s rLltio
City Man
Page Iofl
Background Information: (continued)
On June 9, 1998, the City Commission adopted Resolution No. 98-555, which authorized the City
Manager to enter into an Agreement with Village of Key Biscayne ("the VILLAGE") to provide
Automatic Aid and Ancillary Fire 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.
Pursuant to Resolution No. 03-1053, adopted on September 25, 2003, the City of Miami entered into a
First Amendment Agreement dated September 25, 2003 with the VILLAGE to extend the contract on
a month -to -month basis, not to exceed six (6) months, from October 1, 2003 through March 31, 2004,
to provide Automatic Aid and Ancillary Fire Services to the VILLAGE. The extension Agreement
was necessary to continue to bring in revenue to the City of Miami, in the amount of $229,998 while
the Department of Fire -Rescue negotiated a new contract.
Pursuant to Resolution No. 04-132, adopted March 1, 2004, the City of Miami entered into an
Agreement with the VILLAGE to provide Automatic Aid and Ancillary Fire Services to the
VILLAGE for a period of five (5) years commencing on April 1, 2004 through March 31, 2009. This
contract will continue to bring in revenue for the City of Miami, in the amount of $479,160 yearly,
which is $19,164 more per year than in the previous contract.
Since 1993, the Department of Fire -Rescue has provided the VILLAGE with various services which
include, but are not limited to: automatic dispatch of personnel and equipment for fire suppression
and emergency medical purposes; as well as material and personnel for fire inspection, plans
examination, investigation purposes, and ongoing training of VILLAGE personnel. The City of
Miami and the VILLAGE have found this to be a mutually beneficial relationship, and both parties
have met all obligations of the previous contract. Continuing to participate in this Agreement will
allow the Department of Fire -Rescue to continue providing such services on a contract basis and bring
in revenue to the City of Miami in the amount of $537,264 yearly or $58,104 more per year than in
the previous contract, from $479,160 yearly to $537,264 yearly.
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