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HomeMy Public PortalAbout2003 First Amendment to the Agreement to Provide Automatic AideOEitg of Alzami WILLIAM W. BRYSON Fire Chief JOE ARRIOLA City Manager December 30, 2003 John C. Gilbert Director of Public Safety Village of Key Biscayne Department of Fire -Rescue 560 Crandon Boulevard Key Biscayne, Florida 33149 RE: First Amendment to Existing Agreement between the City of Miami and Village of Key Biscayne Dear Chief Gilbert: I am please to enclose a fully executed original First Amendment Agreement to the existing Agreement between the City of Miami and the Village of Key Biscayne dated September 1998, for fire, rescue, automatic aid and ancillary services at the Village of Key Biscayne. If you have any questions or concerns, please feel free to contact the undersigned at (305) 416-1672. Sincerely, ulia Martin Administrative Assistant I /jam Encl. c: Priscilla A. Thompson, City Clerk Iris V. Escarra, Assistant City Attorney Maurice L. Kemp, Deputy Fire Chief Files DEPARTMENT OF FIRE -RESCUE 444 S.W. 2nd Avenue Miami, FL 33130 / (305) 416-1600 / Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MIAMI AND VILLAGE OF KEY BISCAYNE FOR FIRE, RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES AT THE VILLAGE OF KEY BISCAYNE, FLORIDA This first amendment is entered into this A S day of , 2003, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY"), and the Village of Key Biscayne, a municipal corporation of the State of Florida (the "VILLAGE"). RECITALS: WHEREAS, the CITY and VILLAGE have entered into an Agreement dated September 22, 1998 to provide Fire, Rescue, Automatic Aid and Ancillary Services at the Village of Key Biscayne (the "Agreement"); and WHEREAS, the original teuu of the Agreement shall be for a period of five (5) years commencing on October 1, 1998, and terminating on September 30, 2003; and WHEREAS, the amendments of the 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; and WHEREAS, the parties at this time desire to amend and extend the tell u of the Agreement on a month -to -month basis, not to exceed six (6) months, commencing on October 1, 2003 to 3(j, 2004. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained in this agreement, the CITY and VILLAGE hereby agree to amend the Agreement as follows: Section "III. TERM" is deleted in its entirety and amended to read: 5. TERM: Subject to the cancellation provision set forth in Section X of the original contract dated September 22, 1998, the term of this Agreement shall be extended on a month -to -month basis, not to exceed six (6) months, commencing on October 1, 2003, and terminating on Ap 41 3 0 2004. Section "XII. NOTICE" is deleted in its entirety and amended to read: XII. 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: Page 1 of 3 FOR THE CITY — CITY MANAGER Joe Arriola 444 S.W. 2nd Avenue Miami, Florida 33130 FOR THE VILLAGE — VILLAGE MANAGER Jacqueline Menendez 85 West McIntyre Street Key Biscayne, Florida 33149 Except as specifically provided herein, all of the terms and conditions of the Agreement, shall remain in force and effect throughout the extended term of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. ATTEST: Priscilla A. Thompson; -City Clerk ATTEST: Village Clerk FOR THE CITY OF MIAMI, a Municipal C ora 'on of t State of Florida: By oe Arriola, City Manager VILLAGE OF KEY BISCAYNE, a Municipal Corporation of the State of Florida: acqueline Men(' ez age Manager lage of Key Biscayne Page 2 of 3 APPROVED AS TO FORM AND APPROVED AS TO INSU CORRECTNE .. REQUIREMENT PPKB Vilarello, City Attorne Village Attorney Village of Key Biscayne Dania.Carrllo Risk Management Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 3 of 3 CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 25, 2003 Page No. 7 ITEM 28 A MOTION TO DEFER FOR 45 DAYS DISCUSSION CONCERNING CITY LICENSING PRACTICES WITH INSTRUCTIONS TO THE COMMUNITY DEVELOPMENT ADMINISTRATION TO WORK WITH NEIGHBORS AND NEIGHBORS ASSOCIATION TO HELP IMPLEMENT THE TERMS OF THE GRANT AND COME BACK WITH A RECOMMENDED TIMELINE AND WORK PLAN; FURTHER APPROVING AN EXTENSION OF A PREVIOUS REQUEST OF THE COMMISSION TO MOTION 03-1051 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ LIBERALIZE ENFORCEMENT CITYWIDE PENDING CLARIFICATION OF THESE LICENSING ISSUES. ITEM 30 A RESOLUTION OF THE MIAMI CITY RESOLUTION 03-1052 COMMISSION (subject matter: INCREASE OF MOVED: SANCHEZ $168,000 TO THE SCAVENGER BOAT CONTRACT SECONDED: REGALADO FOR THE WATER WAY CLEANING SYSTEM). ABSENT: WINTON NON A RESOLUTION OF THE MIAMI CITY RESOLUTION 03-1053 AGENDA COWL -MISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO MOVED: SANCHEZ SECONDED: GONZALEZ EXECUTE AMENDMENT NO. 1 TO AN EXISTING ABSENT: WINTON AGREEMENT, IN A FORM. ACCEPTABLE TO THE CITY ATTORNEY, WITH VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE SERVICES TO THE VILLAGE OF KEY BISCAYNE, AND APPROVING TO EXTEND THE TERM OF SAID AGREEMENT ON A MONTH -TO -MONTH BASIS, NOT TO EXCEED SIX (6) MONTHS, FROM OCTOBER 1, 2003 THROUGH APRIL 30, 2004.. )ILLRGE KEY BISCRYNE ID 305-355-5556 RPR 14 93 7 2E No 002 P 02 EDWARD G GULDFS STEPHENJ H£LFMAN GII.BERTO PA5TORIZA ELLEN NO EN SAUL JOSEPH H SERDTA ROBERTTISCHENKEL R CHARD JAY WEISS WEISS SEROTA & HnFMAN, P A. AITORNEVS AT LAW 2E65 SOUTH DAYSHORE DRIVE SUITE 204 MIAMI FLORIDA J33 a TELEPHONE (305J 654 -ciao° TELECOPINP (305) $54 2323 April 13, 1993 SPOWA !D QFFIC 500 SOUMHt YST 0 STREET Stmt. POO FORT LAUOCROALF FLORIDA 3ASO, TELEPHONE (305) 763 1169 Mr C Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Key Biscayne, FL 33149 Re Draft Agreement between the Village of Key Biscayne and the City of Miami for Fire and Rescue Services (the "Agreement") Dear Sam I have reviewed the draft of the captioned Agreement you sent to me and find it to be legally sufficient as a matter of law in the State of Florida Sincerely, tEsts Richard Jay ei RJW/ne 103 001 Enclosure CIF? OF M1AhMi F.ORIDA INTER OFFICE MEMORANDUM o William C Huddleston, Deputy Chief Fire Department rmen L Leon sistant City Attorney JA SUBJECT Apiil 14, 1993 FILE A-92-0 Agreement Between the Village of Key Biscayne and City QE _ VC S ENCLOSURES Enclosed please find the captioned Agreement which has been properly executed by the City Attorney and approved as to form and correctness If you have any further questions, please feel free to contact me at Extension 6700 CLL ra enclosure WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS J-93-302 4/15/93 RESOLUTION NO 93- 269 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF HEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICES TO SAID VILLAGE BS IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA Section 1 The City Manager is hereby authorized`/ to enter into an agreement in a form acceptable to the City Attorney between the City of Miami and the Village of Key Biscayne to provide automatic aid and ancillary fire rescue services to said village Section 2 This Resolution shall become effective immediately upon its adoption CST CO/MISSION MEETING OF APR 1 51993 Besolution No. 93- 269 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 PASSED AND ADOPTED this 15th day of ATTE MATT! HIRAI CITY CLERK PREPARED AND APPROVED BY CARMEN L LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS / ;4-, R, A QIN'O S III CITY ATTs- 'Y CLL ask H3572 XAVIER SIIAREZ MAYOR 93- 269 -2- r 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 THIS AGREEMENT, entered into this 1',' day of 1993 by and between the Village of Key Biscayne, a vmunicipal 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 providing 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 cancelled 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 DEPARTMENT means the CITY s Department of Fire, Rescue and Inspection Services - 1 - �r" 2 KEY BISCAYNE FIRE 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 Department job descriptions 4 VILLAGE FIREFIGHTER means full-time, fully paid State Certified Fire Fighter/Paramedics, Firefighter/EMTs or Officers, according to Village of Key Biscayne job descriptions which are equivalent to or exceed MIAMI FIRE DEPARTMENT job descriptions 5 FIRE APPARATUS means an apparatus meeting the appropriate requirements as set forth in NFPA Standard 1901 and NFPA Standard 1904 6 ADVANCED LIFE SUPPORT RESCUE APPARATUS means an apparatus meeting the requirements as set forth in the State of Florida Department of Health and Rehabilitative Services Administration Code Chapter 10D-66 7 Appropriate equipment, material and personnel , as used in SECTION II, SCOPE OF SERVICE paragraph A through J , means that which has been determined to be sufficient and appropriate for the specific situation by joint agreement of the City Manager or his designee and the Village Manager of his designee 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 - 2 - SECTION II SCOPE OF SERVICE The CITY agrees, in accordance with the terms of this Agreement, to provide the following services to the VILLAGE providing that the VILLAGE establishes and maintains a fire - rescue service consisting of an on -duty force of at least one FIRE APPARATUS staffed with four fully paid VILLAGE FIREFIGHTERS and one ADVANCED LIFE SUPPORT RESCUE APPARATUS staffed with three fully paid VILLAGE FIREFIGHTERS A Automatic dispatch of appropriate equipment, material and personnel for fire suppression purposes to augment Key Biscayne Fire Department resources as set forth in Appendix II attached hereto and made a part hereof B Automatic dispatch of appropriate equipment, material and personnel for emergency medical purposes to augment Key Biscayne Fire Department resources as set forth in Appendix II attached hereto and made a part hereof C Material and personnel for fire inspection, plans examination and investigation purposes as set forth in Appendix III attached hereto and made a part hereof D Material and personnel for initial and ongoing training for the VILLAGE s State Certified Fire Fighters, EMTs and Paramedics E Material and personnel for VILLAGE apparatus and equipment maintenance due to normal wear and tear F Material and personnel for VILLAGE 800 MHz Communications equipment maintenance due to normal wear and tear - 3 - G Material and personnel for VILLAGE computer system maintenance due to normal wear and tear 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 DEPARTMENT units as set forth in Appendix IV attached hereto and made a part hereof SECTION III TERM The term of this Agreement shall be for a period of five (5) years commencing on October 1, 1993 and terminating on September 30, 1998 SECTION IV COMPENSATION A The CITY will charge the minimum monthly fee set forth in the fee schedule labelled Appendix I, attached hereto and made a part hereof, commencing on October 1, 1993 (the Minimum Fee ) This charge for fire, rescue services shall be for equipment and personnel required to augment routine Key Biscayne Fire Department services and protection, as necessary, in accordance with MIAMI FIRE DEPARTMENT Standard Operating Procedures 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 - 4 - to the VILLAGE For the purposes of this Agreement, a Major Emergency is defined as those incidents that involve automatic aid multi -company dispatches and extend longer than one (1) hour in duration These incidents are considered out of control and would be evidenced by the announcement of a Code 1 by the first arriving units Not considered Major Emergencies are minor fires, rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past, elsewhere in the CITY, 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 (12t) per annum shall automatically accrue on delinquent invoices from the ninety first (91) day after invoicing until they are paid D The charges as set forth in the attached fee schedule, Appendix I shall be the maximum hourly rates for equipment and personnel with the time for such charges to be calculated from the time of the alarm to the time the responding MIAMI FIRE DEPARTMENT units return to service The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each Aerial, Quint, Haz Mat Apparatus and Pumper and three (3) CITY FIREFIGHTERS operating each Rescue and one (1) CITY FIREFIGHTER operating each Air Truck, Foam Pumper and District Chief listed in the major - 5 - 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 (12s) per annum shall automatically accrue on delinquent invoices from the thirty-first (31) day after invoicing until they are paid F The fee schedule shall not be used to determine charges for firewatches Charges for firewatches shall be the same for firewatches elsewhere in the CITY handled by its Fire Department in accordance with standard operating procedures 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 its 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 its agents, officers, or employees to the extent of the limitations included within Florida Statutes, Section 768 28 - 6 - 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 South Florida Fire Prevention Code and any additional appropriate 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 DEPARTMENT to enforce the South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE as set forth in Appendix III It is further understood that all revenue that is generated by these inspections shall be the property of the VILLAGE SECTION VII CANCELLATION This Agreement may be cancelled by either party upon written notice to the other party no later than July 31 of each year - 7 - 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 VIII 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 IX NOTICES 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 Cesar H Odio 3500 Pan American Drive Miami, Florida 33133 FOR THE VILLAGE - VILLAGE MANAGER C Samuel Kissinger 85 West McIntyre Street Key Biscayne, Florida 33149 SECTION X GENERAL CONDITIONS A Title and Paragraph headings are for convenient reference and are not part of this Agreement - 8 - 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 paragraphs, sentences, words or phrases 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 provisions, paragraphs, sentences, words or phrases 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 me deemed severable and, in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect SECTION XI 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 - 9 of CITY and shall not be used by VILLAGE for any other purposes whatsoever without the written consent of CITY SECTION XII NONDELEGABILITY The obligations undertaken by CITY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless VILLAGE shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm SECTION XIII AUDIT RIGHTS CITY and VILLAGE reserves the right to audit the records of each other, as said records relate to this Agreement, at any time during the performance of this Agreement and for a period of one (1) year after final payment is made under this Agreement SECTION XIV 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 XV CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida - 10 - SECTION XVI SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs executors legal representatives, successors, and assigns SECTION XVII CONFLICT OF INTEREST A VILLAGE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in the CITY VILLAGE further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed Any such interests on the part of VILLAGE or its employees, must be disclosed in writing to CITY B. VILLAGE is ware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11 1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws SECTION XVIII 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 Ordinances of VILLAGE, or any rights generally afforded classified or unclassified employees, further he/she 11 - shall not be deemed entitled to the Florida Workers Compensation benefits as an employee of VILLAGE SECTION XIX 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 of 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 XX CONTINGENCY CLAUSE Funding for this Agreement is contingent on 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 XXI DEFAULT PROVISION In the event that VILLAGE 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 CITY, at its sole option, upon ninety (90) day written notice to VILLAGE may cancel and terminate this Agreement - 12 - ftimemtif SECTION XXII ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant 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 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly 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 o£ the State of Florida C - Samuel Kissinher Village Manager Village of Key Biscayne ATTEST Village APPROVED AS TO FORM AND LEGAL SUFFICIENCY erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Village Attorney Village of Key Biscayne APPROV_ REQ 4 Suj an S Sabra Risk Management Department - 13 - City of Miami, a municipal Corporation f the State of Florida Cesar H Odio, City Manager City of Miami City Clerk City of ms City of � mi APPENDIX I FEE SCHEDULE A For normal or routine Automatic Aid and ancillary service to augment a KEY BISCAYNE FIRE 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 October 1, 1993 through September 30, 1994 $33,500 00 per month 2 October 1, 1994 through September 30, 1995 $33,500 00 per month 3 October 1, 1995 through September 30, 1996 $33,500 00 per month 4 October 1, 1996 through September 30, 1997 $33,500 00 per month 5 October 1, 1997 through September 30, 1998 $33,500 00 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 (12%) per annum shall automatically accrue on delinquent invoices until they are paid B For Major Emergencies, as determined by the City of Miami Fire Chief, the following fee schedule, in addition to the normal monthly fee is established 1 $1,200 00 per hour per Aerial/Quint Company - 14 - 2 $900 00 per hour per Pumper Company 3 $600 00 per hour per Advanced Life Support Rescue Company 4 $300 00 per hour per Air Truck 5 $900 00 per hour per Haz Mat Truck 6 $600 00 per hour per Foam Pumper Truck 7 $200 00 per hour per person for Special Equipment (Fire Boat, District Chief Safety Officer, etc ) 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 DEPARTMENT responding units return to 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, and 5 above, and three (3) CITY FIREFIGHTERS listed in item 3 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 and would be evidenced by the announcement of a Code 1 by the first arriving units Not considered Major Emergencies are minor fires, rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past elsewhere - 15 - in the CITY by its Fire Department, by routine custom and practice C For firewatches, 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 DEPARTMENT Fire Fighters rate of pay is based upon time and one-half at their hourly rate 2 MIAMI FIRE DEPARTMENT Paramedics rate of pay is based upon time and one-half at their hourly rate 3 MIAMI FIRE 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 #10237 requiring a charge of $10 00 per person per day 5 Charges may change based on contract agreement between the City of Miami and Fire Fighters Local 587 D If for unforeseen reasons, the VILLAGE is unable to provide its own KEY BISCAYNE FIRE DEPARTMENT on October 1, 1993, the CITY agrees to provide full fire rescue service to the VILLAGE on a monthly basis until such time as the KEY BISCAYNE FIRE DEPARTMENT is fully operational The scope of this interim full fire rescue service would be the same as is reflected in SECTION II of this Agreement, substituting CITY equipment, material and personnel for VILLAGE equipment, material and personnel The term of this interim Agreement for full fire rescue service would be for a maximum of twelve months - 16 - The CITY will charge the VILLAGE a monthly fee of $260,000 00 for this interim full fire rescue service For the purpose of invoicing, the VILLAGE will make payment as specified in SECTION IV Paragraph E of this Agreement The monthly charges shall be prorated for fractional parts of a month with days being the smallest increments Except as specified in Appendix I Paragraph D of this Agreement, all provisions of this Agreement will apply to the provision of a CITY interim full fire rescue service to the VILLAGE - 17 - APPENDIX II SITUATION CODES All incidents in the VILLAGE involving the following situation codes will receive the indicated apparatus response The situations listed will follow a priority sequence of first dispatching appropriate available KEY BISCAYNE FIRE DEPARTMENT apparatus and then dispatching MIAMI FIRE DEPARTMENT apparatus to either augment VILLAGE units or substitute Miami units for VILLAGE units when VILLAGE units are out of service for any reason (Listed below is an explanation for the apparatus abbreviations A = Aerial or Quint, AMB = Ambulance, BL = Basic Life Support, C = District Chief, DT = Dive Team E Engine, HM = Haz Mat, JL = Jaws of Life, P = Pumper, R = Rescue) CODE SITUATION APPARATUS 10 UNKNOWN TYPE PROPERTY FIRE 11 2 STORY OR LESS RESIDENTIAL PROPERTY FIRE 12 3 STORY OR MORE RESIDENTIAL PROPERTY FIRE 13 LARGE ASSEMBLY PROPERTY FIRE 14 2 STORY OR LESS OFFICE OR STORE PROPERTY FIRE 15 3 STORY OR MORE OFFICE OR STORE PROPERTY FIRE 16 FACTORY OR STORAGE PROPERTY 17 EDUCATIONAL PROPERTY FIRE 18 PATIENT OR INMATE PROPERTY 19 FIRE WITHIN TENTED BUILDING 19 HAZARDOUS PROPERTY FIRE 19 IF HAZ MATERIAL OR PROPERTY INVOLVED 19 FIRE SERVICE STATION 20 OTHER/UNCLASSIFIED PROP FIRE 21 GRASS, BRUSH, TREE FIRE 22 POSTAL MAIL BOX FIRE 23 POT ON STOVE 24 INVESTIGATE SMOKE IN AREA 25 FIRE OUT / ROUTINE 26 TRASH, DUMPSTER, RUBBISH FIRE 30 AIRCRAFT CRASH (ANY/ALL) 2P, 1A, 1R, 1C 2P, 1A, 1R, 1C 3P, 2A, 1R, 1C 3P, 2A, 1R, 1C 2P, 1A, 1R, 1C 3P, 2A, 1R, 1C 2P, 1A, 1R, IC 3P, 2A, 1R, 1C 3P, 2A, 1R, 1C 2P, IA, 1R, IC, E3, HM3 2P, 1A, 1R, 1C, E3, HM3 2P, IA, 1R, 1C, E3, HM3 2P, 1A, 1R, IC, E3, HM3 1P 12 12 12 12 1P 12 3P, 2A, 1R, 1C, E3, HM3 - 18 - 31 AIRCRAFT CRASH IN THE WATER 3P, 2A, 1R, 1C, E3, HM3, DT 40 ASSIST CITIZEN,INVALID / ROUTINE 1(BL) 41 ASSIST PD FORCE ENTRY, LADER < 25 FT LA 42 ASSIST PD ROOF SEARCH, LIGHTS OR BODY RECOVERY / ROUTINE LA 43 ASSIST PD STANDBY FOR SWAT MS 1R 44 ASSIST OTHER GOVERNMENT AGENCY 12 46 PUBLIC SERVICE CALL / ROUTINE 12 50 AUTOMATIC FIRE ALARM 12, 1A 51 AUTOMATIC ALARM FROM ALARM CO 1P, LA 52 AUTOMATIC ALARMS FROM SECURITY IA 53 AUTOMATIC WATER FLOW ALARM 1P, LA 60 BOAT SINKING TAKING ON WATER IP 61 VEHICLE FIRE OR BOAT ON STREET 1P 62 BOAT FIRE IN STORAGE YARD 2P, LA, 1R, 1C 63 SHIP FIRE ON WATERWAY > 65 FT 2P, 2A, 1R, 1C, E3, HM3 64 HAZ MAT TRANSPORT TANKERS 2P, 1A, 1R, 1C, E3, HM3 70 EXPLOSION, POSS BOMB DETENTION 2P, 1A, 1R, 1C, E3, HM3 71 BOMB SEARCH ASSIGNMENT 2P, 1A, IR, 1C 72 BOMB STANDBY ASSIGNMENT 1P, 1A, 1R, 1C 80 BLDG FUMIGATION SMELL/ODOR 1P, E3, HM3 81 BLDG FUMIGATION PERSON INSIDE 12, IR, E3, HM3 90 HAZ MAT SMELL IN AREA - NOI 1P 91 HAZ MAT (MINOR) SPILL 12 92 HAZ MAT (MAJOR) SPILL 2P, 1A, 1R, 1C, E3, HM3 93 HAZ MA7 ON WATER 1P, 1R 1C, E3, HM3, FB2 94 HAZ MAT RUPTURED CONTAINER 1P 95 DRY MATERIAL SPILL (NON)HAZARDOUS 1P 100 BLDG COLLAPSE(MINOR)PLASTER FELL LA 101 BLDG COLLAPSE(MAJOR)STUCT FAIL 3P, 2A, 1R, 1C 110 LIVE WIRES DOWN/ARCING-SPARKING 1P 111 ELECT HAZ SIT SMELL -ODOR IN AREA 12 112 ELECT HAZ SIT (NOI) 1P 113 POLE FIRE 1P 120 ELEVATOR PERSON STUCK / ROUTINE 1A 120 ELEV PERSON INSIDE SICK OR INJ IA (EL) 130 HYDRANT LEAKING / ROUTINE 12 131 WATER MAIN OR HYDRANT TURNED OFF 1P 132 WATER LEAK / ROUTINE 1A 140 ISLAND FIRE / NO LAND ACCESS 12 160 LOCKED IN/OUT, INVALID, CHILD IA 170 METRORAIL/MOVER FIRE/DERAILMENT 2P, 2A, 1R, 1C, E3, HM3 200 VEHICLE FIRE 1P 201 BOAT FIRE ON THE STREET 12 202 FUEL LEAKING FROM VEHICLE 1P 210 SMELL OF GAS/INVESTIGATION 1P 211 GAS LEAK 12 212 MAJOR GAS LEAK/CUT PIPE 2P LA, 1R, 1C, E3, HM3 EMS 300 ABDOMINAL PAIN (A P ) 1R 301 A P - FAINT OR DIZZY, VOMITING BLOOD 1R - 19 - 302 A P - IN BACK, HX OF ULCERS 1R 303 A P - ASSOC W/HEART SYMPTOMS 1R 304 A P - VAGINAL BLEEDING, PREGNANT 1R 305 A P - ASSOC W/SEVERE TRAUMA 1R 306 A P - ASSOC W/SICKLE CELL ANEMIA 1R 307 A P - SEVERE PAIN, UNEXPLAINED ONSET 1(BL) 308 A P - NAUSEA, CHILLS,CRAMPS,FOOD POIS AMB 309 A P - NO FURTHER INFO AMB 310 INDUSTRIAL ACCIDENT (I A ) 1R 311 I A - FACTORIES, CONSTRUCTION ETC 1R 320 ACCIDENT/TRAFFIC (A T ) 1R 321 A T - PEDESTRIAN HIT 1R 322 A T - VICTIM EJECTED,OR PT UNCON 1R 323 A T - CYCLIST HIT 1R 324 A T - VEHICLE OVERTURNED IR, 12 325 A T - VEHICLE VS FIXED OBJECT 1R 326 A T - HEAD INJURY W/MORE INFO 1R 327 A T - VEHICLE VS VEHICLE 1(BL) 328 A T - POLICE REQUEST AMBULANCE AMB 329 A T - VEHICLE IN WATER IR, 12, 1A, 1C DT 330 ACCIDENT 1R, 1P, JL 331 ACCIDENT - PERSON TRAPPED 1R, 12, JL 340 ALLERGIC REACTIONS (A R ) 1R 341 A R - HX OF ALLERGIC REACTIONS 1R 342 A R - DIFF BREATHING IR 343 A R - SWELLING OF EYES,FACE,TONGUE 1R 344 A R - A M S ,DIZZY,SEIZ,CONVULSIONS IR 345 A R - ITCHING HIVES NO OTHER SYMPT 1(BL) 346 A R - EXPOSED > 8 HRS, NO OTH SYMPT 1(BL) 350 ALTERED MENTAL STATUS (A M S ) 1R 351 A M S - UNCONS 1R 352 A M S - SEMICONSCIOUS, FAINTED 1R 353 A M S - CONFUSED, DISORIENTED 1R 354 A M S - AMS NOT DUE TO ALCOHOL INTOX 1R 355 A M S - CVA SYMPTTOMS 1R 356 A M S - SEIZURE SYMPTOMS 1R 360 AMPUTATED PART 1R 361 AMPUTATED PART - ANY/ALL 1R 370 ANIMAL BITES (A B ) 1R 371 A B - LARGE OR VIOLENT ANIMAL 1R 372 A B - HEAD,NECK,CHEST,ABDOM IR 373 A B - ASSOCIATED W/FRACTURE IR 374 A B - ALLERGIC SYMPTTOMS, D B 1R 375 A B - AMPUTATION OF BODY PART IR 376 A B - POISONOUS ANIMAL, INSECT 1R 377 A B - SIMPLE BITE TO ARMS, HANDS ETC AMB 378 A B - HUMAN BITE AMB 379 A B - BEE OR SPIDER W/NO ALLERGIC AMB 380 ASSAULT 1R 381 ASSAULT - PERSON SHOT 1R 382 ASSAULT - 2 PEOPLE SHOT 2R 383 ASSAULT - MULTIPLY SHOOTING 3 OR > 3R 384 ASSAULT - PERSON STABBED 1R 385 ASSAULT - 2 PEOPLE STABBED 2R - 20 - 386 ASSAULT - MULTIPLE STABBING 3 OR > 3R 387 ASSAULT - INJ VITAL PART BY OBJECT 1R 390 ASSAULT 1(BL) 391 ASSAULT - INJ EXTREMITY BY OBJECT 1(BL) 392 ASSAULT - INJ VITAL PART BY FIST,KICK 1(BL) 393 ASSAULT - INJ HANDS,FINGERS,FEET,TOES AMB 394 ASSAULT - EXTREMITY BY FIST, KICK AMB 410 AUTOMATIC MEDICAL ALARM 1(BL) 411 AUTOMATIC MEDICAL - NO OTH INFO AVAIL 1(BL) 420 BACK PAINS (B P ) 1R 421 B P - CAUSED BY FALL FRM HIGH PLACE 1R 422 B P - CAUSED BY DIVING INTO WATER 1R 423 B P - NUMBNESS, TINGLING, PARALYSIS 1R 424 B P - SHOCK SYMPTOMS PALE ETC 1R 425 B P - ASSOC W/OTHER CRITERIA 1R 426 B P - PULLED BACK, AFTER HEAVY LIFT AMB 427 B P - PAIN URINATING HX OF STONES AMB 428 B P - WOKE UP W/BACK PAIN OR NOI 1R 440 BLOOD IN URINE/STOOL (B U/S ) 1R 441 B U/S - DIZZY,OR FAINT, A M S 1R 442 B U/S - VOMITING BLOOD 1R 443 B U/S - PAIN IN BACK OR SHOULDERS 1R 444 B U/S - BLEEDING ULCERS 1R 445 B U/S - FEM PREGNANT, NON MENSTRUAL 1R 446 B U/S - CAUSED BY TRAUMA 1R 447 B U/S - BURN SENSATION ON URINATION AMB 448 B U/S - PAIN IN KIDNEY REGION AMB 449 B U/S - NO OTHER INFO AMB 460 DIFFICULTY BREATHING (D B ) 1R 461 D B - GASPING FOR BREATH 1R 462 D B - MAKING NOISES WHILE BREATHING 1R 463 D B - PALE SUDDEN ONSET 1R 464 D B - CAN T SPEAK NORMALLY 1R 465 D B - BREATHING TUBE,HOME VENTILATOR 1R 466 D B - ASTHMA ATTACK, EMPHYSEMA 1R 467 D B - SECONDARY TO TRAUMA 1R 468 D B - A M S SLEEPINESS lR 469 D B - SLOW ONSET, COLD 1R 470 RESPIRATORY ARREST 1R 471 RESPIRATORY ARREST NOT BREATHING 1R 472 RESPIRATORY ARREST BUT NOW BREATHING 1R 480 BURNS IR 481 BURNS - TO UPPER PART(S) OF BODY 1R 482 BURNS - ELECTRICAL OR LIGHTING 1R 483 BURNS - CHEMICAL BURNS 1R 484 BURNS - 2 OR MORE EXTREMITIES 1R 485 BURNS - ASSOC W/SMOKE, STEAM 1R 486 BURNS - CLOTHES WERE ON FIRE 1R 487 BURNS - RADIOACTIVE BURNS 1R 488 BURNS - MINOR BURN TO ARM OR LEG 1(BL) 489 BURNS - MINOR BURN TO FINGERS ETC AMB 490 CARDIAC ARREST 1R 491 CARDIAC ARREST 1R 500 CHEST PAIN (C P ) lR - 21 - 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 520 521 522 523 524 525 540 541 542 543 544 545 546 547 550 551 552 553 570 571 572 580 581 582 600 601 620 621 622 623 624 625 626 630 631 632 C P C P C P C P C P C P C P C P - DIFFICULTY BREATHING C P - PULSE > 130-10 MIN < 50 AMS CHILD BIRTH (C B ) C B - PART OF BABY VISIBLE C B C B C B C B C B C B C B CHOKING CHOKING - NOT BREATHING NOT TALKING CHOKING - NOT ABLE TO CRY (BABY) CHOKING - ALTER MENTAL STATUS CHOKING - UNCONSCIOUS, PASSED OUT CHOKING - WAS CHOKING CAN NOW SPEAK DIABETIC DIABETIC - UNCONSCIOUS, A M S DIABETIC - SHORT OF BREATH,DEEP BREATH DIABETIC - PALE, BLUE, OR SWEATY DIABETIC - HOT,DRY SKIN ACETONE BREATH DIABETIC - SEIZURES, CONVULSIONS DIABETIC - ASSOC W/OTHER SYMPT CARDS DIABETIC - HX OF DIABETIC BUT NO SYMPT DIALYSIS DIALYSIS - ASSOC W/OTHER SYMPTOMS DIALYSIS - SEVERE BLEEDING FRM/SHUNT DIALYSIS - SCHEDULED APPT DIVING ACCIDENT (D A ) DA - D B , AMS, PAIN IN JOINTS D A - SKIN RASH, WEAKNESS, ITCHING DROWNING DROWNING - OUT OF WATER / ON SHORE DROWNING - IN OPEN WATER ELECTROCUTION ELECTROCUTION - PERSON ELECTROCUTED PERSON FELL PERSON FELL - FRM HIGH PLACE > 10 FT PERSON FELL - DOWN 10 OR MORE STEPS PERSON FELL - AND PASSED OUT PERSON FELL - ASSOC W/INJ FOR RESCUE PERSON FELL - ASSOC W/AMS OR D B PERSON FELL - NO OTHER INFO FEVER / HEAT STROKE FEVER - A M S ,CONFUSED,SEIZ,CONVUL FEVER - TEMP > 103F OR 38C - PRESSURE, TIGHTNESS - PAIN IN BACK,ABDOMEN,NECK ETC - SUDDEN ONSET - PAIN PERSISTS AFTER MEDICATION - HEART POUNDING - HX OF HEART PROBLEMS - SUDDEN ONSET AND SWEATING - 1ST BABY,CONTRACTIONS < 2 MIN - 2ND OR MORE CONT < 5 MIN - BLOOD OR WATER COMING OUT - SUSPECTED MISCARRIAGE - BLEEDING,FEVER WITHIN 30 DAYS - ABDOMINAL TRAUMA PREGNANT - NOT COVERED ON OTHER CATG 1R 1R 1R 1R 1R 1R 1R 1R IR 1R 1R 1R 1R 1R 1R 1R 1R AMB 1R 1R 1R 1R 1R 1R 1R 1R 1R 1R 1R 1R 1R 1(BL) 1R 1R 1R AMB 1R 1R 1R 1R 1R 1R, 1A, 1R 1R 1R 1R 1R 1R 112 1R 1(BL) 1R 1R 1R 1C, 1(BL), DT - 22 - 633 634 640 641 642 643 644 645 660 661 662 663 664 665 666 667 680 681 682 683 690 691 692 693 694 695 696 697 698 710 711 712 713 714 715 716 717 718 730 731 732 733 734 735 736 737 740 741 742 743 744 745 750 751 FEVER - AFTER PHYSICAL EXERTION FEVER - CHILD W/FEVER < 103F, 38C FRACTURES/DISLOCATIONS FRACTURES FRACTURES - FRACTURES - FRACTURES - FRACTURES - HEADACHE HEADACHE HEADACHE HEADACHE HEADACHE HEADACHE HEADACHE HEADACHE HYPERTENSION HYPERTENSION - HYPERTENSION - HYPERTENSION - IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT IMPALED OBJECT LACERATIONS LACERATIONS LACERATIONS LACERATIONS LACERATIONS LACERATIONS LACERATIONS - VITAL BODY PART(S) COMPOUND FRACTURES TO ARM OR LOWER LEGS FINGERS, TOES HANDS, ETC LOSS OF CONS OR HEAD INJ - AMS, PERSONALITY CHANGE - HX HYPERTENSION, NOSEBLEED - FEVER, STIFF NECK - NUMBNESS STROKE SYMPTOMS - BUT NEVER GETS HEADACHE - HX OF MIGRAINES REQ XPT - NO OTHER SYMPTOMS BP > 200/120 W/AMS SYMPTOMS ALL OTHER CASES - TO VITAL PART - W/FRACTURE - W/SEVERE BLEEDING - TO ARM OR LEG - HANDS,FINGERS,ETC - RECTUM,VAGINA,PENIS - OBJECT IN NOSE OR EAR - SMALL OBJECTS - HEAD, NECK - CHEST, ABDOMEN, OR BACK - GROIN - BONE SHOWING - SELF-INFLICTED - ARM,HANDS,WRIST,OR LEG LACERATIONS - HAND,FINGERS,FEET,TOES LACERATIONS - MINOR MISCARRIAGE (MISCAR ) MISCAR - STATES HAVING MISCAR MISCAR - HX OF BABY/MISCAR <= 3DAYS MISCAR - HX OF MISSED PERIODS MISCAR - NONMENS VAGINAL BLEEDING MISCAR - BURNING DURING URINATION MISCAR - PERSON THINKS THEY HAVE V D MISCAR - MNTHLY CRAMPS, HOT FLASHES NOSE BLEED NOSE BLEED NOSE BLEED NOSE BLEED NOSE BLEED NOSE BLEED OVERDOSE OVERDOSE - FRM SEVERE BLOW W/OBJECT - AMS STROKE, HYPERTENSION - SPONTANEOUS,DOESNOT STOP - OTHERS - ACCIDENTLY HIT NOSE - 23 - 1R AMB 1R 1R 1R 1(BL) AMB 1R 1R 1R 1R 1R 1R 1R AMB AMB 1R 1R lR AMB lR 1R 1R 1R 1(BL) AMB AMB AMB AMB 1R 1R 1R 1R 1R 1R 1(BL) AMB AMB 1R 1R 1R 1R 1R AMB AMB AMB 1R 1R 1R 1R 1(BL) 1(BL) 1R 1R 1 760 PACEMAKER PROBLEMS 1R 761 PACEMAKER PROBLEMS 1R 770 PERSON DOWN 1(BL) 771 PERSON DOWN - NO OTHER INFO 1(BL) 772 AMBULANCE TRANSPORT TO HOSPITAL AMB 780 POISONING (POISON) 1R 781 POISON - INHALED, INGESTED 1R 782 POISON - CONTACT POISON/RESC CRITERIA 1R 783 POISON - CONTACT POISON/NO RES SYMPT AMB 784 POISON - INTENTIONAL 1R 790 PSYCHIATRIC EMERGENCY 1R 791 PSYCHIATRIC EMERG - W/RESC CRITERIA 1R 792 NERVOUS AMB 800 SEIZURE 1R 801 SEIZURE - ACTIVE SEIZURE 1R 802 SEIZURE - POST ITCTAL, HAD SEIZURE 1R 803 SEIZURE - REPEATED SEIZURES 1R 804 SEIZURE - CHILD WITH HIGH FEVER 1R 805 SEIZURE - FEELS LIKE HAVING A SEIZURE AMB 810 STROKE SYMPTOMS lR 811 STROKE - FACE, BODY SAGGING WEAK 1R 812 STROKE - SLURRED SPEECH ABNRM PERSNALI 1R 813 STROKE - VISUAL,HEARING DISTRUBANCE 1R 814 STROKE - HX DIABETES, HYPERTENS ETC 1R 815 STROKE - CHILD WITH FEVER 1R 816 STROKE - SEIZURES, CONVULSIONS 1R 817 STROKE - TIA 1R 818 STROKE - AMS, DIZZY CONFUSED 1R 819 STROKE - HX OF STROKES NO NEW SYMPTOM AMB 820 SUICIDE 1R 821 SUICIDE - GSW,LACERA ,JUMPED, HANGING 1R 822 SUICIDE - DRUGS, POISONING 1R 823 SUICIDE - POTENTIAL JUMPER 1R, 1A, 1C 830 TUBES 1R 831 TUBES - BREATHING TUBE 1R 832 TUBES - IV TUBE W/SEVERE BLEEDING 1R 833 TUBES - FEEDING TUBE MALFUNCTION AMB 834 TUBES - BLADDER TUBE MALFUNCTION AMB 835 TUBES - IV TUBE WITH NO BLEEDING AMB 840 UNCONSCIOUS PERSON 1R 841 UNCONSCIOUS PERSON 1R 850 VOMITING 1R 851 VOMITING - BLOOD,AND/OR COFFEE GROUNDS 1R 852 VOMITING - CAUSED BY INGESTED POISON 1R 853 VOMITING - NO BLOOD AMB 854 VOMITING - NO SHOCK SYMPTOMS AMB 855 VOMITING - DRY HEAVES AMB 880 EMS OTHER 1R 881 TRANSPORT FOR AIR RESCUE 1R 882 SWAT MISSION FOR MPD 1R - 24 - APPENDIX III 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 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 requested by the VILLAGE a qualified Plans Examiner from the MIAMI FIRE DEPARTMENT Fire Prevention Division 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 DEPARTMENT Fire Prevention Division 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 a fire related death and all fire deaths resulting from fire related injuries - 25 - APPENDIX IV MAJOR EMERGENCY COMMAND STRUCTURE All incidents in the VILLAGE requiring the dispatch of a MIAMI FIRE DEPARTMENT District Chief will be commanded by the Miami District Chief upon his/her arrival and until relieved of command by a Miami Fire Officer of higher rank or until the incident can be turned over to the appropriate authority of the KEY BISCAYNE FIRE DEPARTMENT This command structure will be followed whether the units involved in the incident are solely MIAMI FIRE DEPARTMENT units or a combination of MIAMI FIRE DEPARTMENT units and KEY BISCAYNE FIRE DEPARTMENT units - 26 - THU 1 a *S T P 0 2 J-98-581 5/29/98 RESOLUT/ON NO 98- 555 A RESOLUTION WITH ATTACHMENT AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN SUBSTANTIALLY THE ATTALuED FORM BETWEEN THE CITY 08 MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO SAID VILLAGE, PROVIDING FOR A FIVE YEAR CONTRACT WITH A REPEALER AND SEVERABILITY CLAUSE WHEREAS, the Village has requested certain fire rescue and fire inspection services be performed by the City of Miami to augment the fire protection provided by the Village which services are the responsibility of the Village to provide, and WHEREAS, the City of Miami is desirous of providing such services for the Village on a contractual basis and has thus negotiated this agreement and WHEREAS, the Village desires to engage to City of Miami to implement such services on a contractual basi4 until such time as said agreement may be canceled by either party in the manner set forth in said agreement, and 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 hereby adopted by reference ATTACHMENT (S) CONTAINED CITY COMMISSION MEETING UP JUN 0 9 1998 enaoIut, n Na 98- 555 J7JL- 9-'91R HU 1 4 P 0 thereto and incorporated herein as if fully set forth in this Section Section 2 This Resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 9th day of June , 1998 JOE CAROLLO MAYOR In accordance with Miami Code Sec 2-36, since the Mayor dld not indicate approv^1 of this legislation by signing it in the designated place provided said leglsta on y J becomes effective wlth the elapse of ten OD) days from the date of Cymmias cn ecV 1 regarding same without the Mayor exerasupg veto. ATTEST WALTER J BOEMAN CITY CLERK BUDGET AND GEMENT ANALYSIS REVIEW D/PAK PARE 1IRECTOR REVIEWED BY 10 JULIE 0 BRU ASSISTANT CITY ATPo APPRO LLO O =Y 98 BSS 443 AND CORRECTNESS - 2 - 98- 555 CONTRACT REVIEW AND ANALYSIS FORM Ducebons 1 lease Attach supporting documents All sections must be completed excluding CRC Comments DATE 7/27/98 (a d Ss.i kers lss i DEPARTMENT/DIVISION FIRE RESCUE ADMINISTRATION CONTACT PERSON/CONTACT NUMBER Paul M Ketz 416 1672 A^ CONTRACTING ENTITY Village of Key Biscayne RESOLUTION NUMBER BID/PROJECT NUMBER (IF APPLICABLE) P ( IT f t'ANAGERS OFFICE 98 It 27 PM 3 15 BUDGETARY INFORMATION Are funds budgeted' YES ® NO ❑ If Yes TOTAL DOLLAR AMOUNT $460 000 00 0 EXPENSE ® REVENUE SOURCE OF FUNDS Village of hey Biscayne ACCOUNT CODE(S) If grant funded, is there a City match requirement' YES ❑ NO ® AMOUNT Are matching funds Budgeted' YES ❑ NO ❑ Account Code(s) TERMS OF CONTRACT Effective Date Escalating Clause if any Contract Period (s) Penalties (if any) for termination Payment terms If grant funded list restrictions/requirements if applicable. SUMMARY/DESCRIPTION OF CONTRACT OR AGREEMENT Is this an extension' YES (23 NO ❑ Reason for Extension Renewal of Agreement under new terms If YES actual expenditures m previous contract Year Summary/Descnption of Contract or Agreement. An agreement with the Village of Key Biscayne to provide Automatic Aid and Ancilhary Fire Services for a term of five years, at an annual revenue of $460,000 00 JUSTIFICATION FOR CONTRACT OR AGREEMENT (Include why it is needed consequences if not authonzed or approved and time constraints if any ) The predecessor to this contract was ongmally entered mto on April 15 1993 for a term of five years In that time the City of Miami and Key Biscayne have found this to be a mutually beneficial relationship, and all obligations of the previous contract have been met by both parties The City provides Key Biscayne with various services which mclude but are not limited to the automatic dispatch of personnel and equipment for fire suppression and emergency medical purposes, as well as material and personnel for fire mspection, plans examination, mvestigation purposes and ongoing training of Key Biscayne Personnel METHOD OF PURCHASE (If applicable) ❑ Telephone quotes ❑ Wntten quotes ❑ Negotiated purchase ❑ Sole Source (include documentation) ❑ Bid Waiver (include documentation) PREVIOUS AWARDS OF BIDS (IF APPLICABLE) From most recent 2 3 CRC COMMEN S fi ❑ Formal Bid/Proposal (include bid tabulation/proposal ranking) ❑ Smgle Purchase ❑ Short Term contract ❑ Term of Contract ❑ Lease (Type ) Approval Date onald Approva �7 �� L��if-��`/ Date Financial versight Board 1 JUL-27-88 M O H 15 08 P 02 J-98-581 5/29/98 RESOLUTION NO 9E1— 555 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO SAID VILLAGE PROVIDING FOR A FIVE YEAR CONTRACT WITH A REPEALER AND SEVERABILITY CLAUSE WHEREAS the Village has requested certain fire, rescue and fire inspection services be performed by the City of Miami to augment the fire protection provided by the Village which services are the responsibility of the village to provide and WHEREAS, the City of Miami is desirous of providing such services for the Village on a contractual basis and has thus negotiated this agreement, and WHEREAS, the Village desires to engage the City of Miami to implement such services on a contractual basis until such time as said agreement may be canceled by either party in the manner set forth in said agreement, and 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 hereby adopted by reference ATTACHMENT 0) CONTAINED CITY COe 8SiON NEETINd or JUN 0 9 1998 &ewludan Na -I r rst 98~ N55 JUL-2T-98 M O N 15 09 P 03 thereto and incorporated herein as if fully set forth in this Section Section 2 This Resolution shall become effective Immediately upon its adoption PASSED AND ADOPTED this 9th day of June 1998 JOB CAROLLO, MAYOR In accordance wlih Miami Code sec 246 since the Mayor did not indicate approval of this legislaaon by Signing d in the designated place provided said legislation .4 becomes effective with the elapse of ton (10) days from the date of C,Qmmiss cn &et 1 regarding same, without the Mayor exercisupg,@ Ito ATTEST WALTER J POEMAN CITY CLERK BUDGET AND GEMENT ANALYSIS REVIEW 616 DIPAK PARE IRBCTOR REVIEWED BY 5/7 iza JULIE 0 BRU ASSISTANT CITY ATTO APPRO Y 98 BSS LLO AND CORRECTNESS amen City Clerk Y J - 2 98- 555 CITY OF MIAMI FLORIDA INTER OFFICE MEMORANDUM CA -6 TO Honorable Mayor and FROM Members of the City Commission Dona Warshaw City Manager DATE SUBJECT REFERENCES ENCLOSURES May 11 1998 Contract Agreement with Key Biscayne for Ancillary Fire Services FILE RECOMMENDATION It is respectfully requested that a resolution be passed accepting the contract to provide Automatic Aid and Ancillary Fire Services to Key Biscayne This contract will bring in $460 000 yearly in revenue for the City of Miami which is $58 000 more per year than in the previous contract BACKGROUND The predecessor to this contract was ongtnally entered mto on Apnl 15 1993 for a term of five years In that time The City of Miami and Key Biscayne haw found this to be a mutually beneficial relationship and all obligations of the previous contract have been met by both parties Thy Cm provides Key Biscayne with vanous services which include but are not limited to the automatic dispatch of personnel and equipment for fire suppression and emir, cncv medical purposes as well as matenal and personnel for fire inspection, plans «amination investigation purposes and ongomg training of Key Biscayne personnel JGP/CAG/ML,K/pmk CoverKeyBacaync doc thereto and incorporated herein as if fully set forth in this Section Section 2 This Resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this day of 1998 JOE CAROLLO MAYOR ATTEST WALTER J FOEMAN CITY CLERK BUDGET AND MANAGEMENT ANALYSIS REVIEW DIPAK PARBKH, DIRECTOR REVIEWED BY /F3 JULIE 0 BRU ASSISTANT CITY ATTO APPRO ' D AS ,- 0 0 AND CORRECTNESS VI rn' LLO 0• Y 98 BSS - 2 - RESOLUTION NO 98-I3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED FIVE YEAR AGREEMENT BEGINNING OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2003 BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY FIRE RESCUE SERVICES, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE FLORIDA, AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the anarhed agreement, in substantially the form attached hereto and made a part hereof, on behalf of the Village with the City of Miamt to provide automatic aid and ancillary fire rescue services for the Village of Key Biscayne Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of Apnl , I998 YOR JOHN F FESTA oaatiATTESTay CONCHITA K ALVAREZ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY __ RICHARD J WEISS VILLAGE ATTORNEY 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 THIS AGREEMENT entered into this day of 1998 by and between the Village of Key Biscayne a municipal corporation of the State of Florida (the "VILLAGE") and the City o Miami a municipal corporation of the State of Flonda (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 contmumg 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 cancelled by either party m the manner provided for herem. NOW THEREFORE in consideration of the mutual premises and covenants herem contained it is agreed as follows SECTION I DEFINITION AND PURPOSE A. DEFINITIONS I 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 FIREFIGHTERS and one ADVANCED LIFE SUPPORT RESCUE APPARATUS staffed with three tully paid VILLAGE FIREFIGHTERS and all required equipment A Automatic dispatch of appropriate equipment matenal and personnel for fire suppression purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according tc the KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch cntena using MIAMI FIRE RESCUE DEPARTMENT situation codes B Automatic dispatch of appropnate equipment matenal and personnel for emergency medical purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch cntena, using MIAMI FIRE - RESCUE DEPARTMENT situation codes C Matenal and personnel for fire inspection, plans examination and investigation purposes as set forth m APPENDIX II attached hereto and made a part hereof D Material and personnel for imtuil and ongoing training for the VILLAGE s State Certified Fire Fighters, EMT s, Paramedics and Inspectors E Matenal and personnel for VILLAGE apparatus and equipment maintenance due to normal wear and tear F Matenal and personnel for VILLAGE 800 MHz Commumcations equipment maintenance due to normal wear and tear G Matenal and personnel for maintenance of Computer Aided Dispatch System utlilized by the Village of Key Biscayne Fire Rescue Department H Matenal and personnel for the provision of VILLAGE firefighting and medical expendable supplies used as a result of emergency operations and required training I Matenal 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 3 D The charges as set forth in the attached fee schedule APPENDIX I shall be the maximun 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 smalles increments Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each Aenal Quint, Haz Mat Apparatus and Pumper three (3) CITY FIREFIGHTERS operating each Rescue and one (1) CITY FIREFIGHTER operating each Air Truck Foam Pumper and District Chief listed in the major emergency fee schedule In the event fewer CITY FIREFIGHTERS are provided, the change will be reduced proportionately E The CITY will provide a monthly mvoice for routine services and protection, with appropnate documentation as required The VILLAGE shall make payment within thirty (30) days after mazhng by the CITY of the mvoice for services. Interest at the rate of twelve percent (12%) per annum shall automatically accrue on delinquent mvozces from the thirty-first (31) day after invoicing until they are paid F Charges for firewatches shall be as follows • Inspector $35 00/hour • Rescue Umt 5100 00/hour • Firefighting Units $170 00/hour • Admzmstiauve Fee $10 00/per person assigned SECTION V INDEMNIFICATION The VILLAGE shall indemnify and save harmless the CITY from any and all claims liability losses and causes of action arising out of the negligence of Village s agents officers or employees to the extent of the limitations Included within Honda Statutes Section 768 28 5 with that of thc, exchan6e Department Likewise these Paramedics will be able to offer insi6ht into their own system as seen from this perspective SECTION VIII RIGHT OF FIRST REFUSAL The MIAMI FIRE RESCUE DEPARTMENT shall have the Right of First Refusal purchase opportunity on all KEY BISCAYNE FIRE RESCUE DEPARTMENT vehicles when they are to be sold by the Village Two appraisals shall be obtained and paid for by the Village to arrive at fair market value The CITY shall pay the average pnce detemuned 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 BISCAYNE FIRE RESCUE DEPARTMENT If the KEY BISCAYNE FIRE RESCUE DEPARTMENT chooses to take advantage of these Improvements the VILLAGE s portion of the cost of these improvements shall be borne by the KEY BISCAYNE FIRE RESCUE DEPARTMENT SECTION X CANCELLATION This Agreement shall expire on September 30 2003 provided, however that on any fiscal year during the term of this Agreement either party may terminate without cause only upon wntten notice served upon the non canceling party on or before the 3ln day of July of such year Cancellation wall 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 pnor to the effective date of such cancellation 7 D Should anv provision paragraphs sentences words or phrases contained in tht 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 provisions paragraphs sentences words or phrases shall be deemed modified to the extent necessary in order to conform wit/ - such laws or if not modifiable to conform with such laws then same shall be deemed severable and in either event the remauung 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 mamtamed and generated pursuant to this contractual relationship between CITY and VILLAGE shall be subject to all provisions of the Public Records Law Chapter 119 Flonda Statutes It is further understood by and between the parties that any information, wnengs 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 wntten 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 m writing to the performance or assignment of such service or any part thereof by another person or firm SECTION XVI AUDIT RIGHTS CITY and VILLAGE reserve the nght to audit the records of each other as said records relate to this Agreement at any time during the performance of this Agreement and for a period of one (1) year 9 SECTION XXI CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authonzatior for program activities and is subject to amendment or termination due to lack of funds or authonzation 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 termmate this Agreement. SECTION XXIII ENTIRE AGREEMENT Except as specified below this mstrument and its attachments constitute the sole and only Agreement of the parties hereto relatmg to the subject hereof and correctly sets forth the rights duties and obligations of each to the other as of its date Any pnor agreements promises, negotiations or representations not expressly set forth m this Agreement are of no force or effect, except that the Agreement of Apnl 19 1993 shall continue until September 30 1998 IN WITNESS WHEREOF the parties hereto have hereunto caused these presents to be signed in their names by their duly authonzed officials attested by their respective CITY and VILLAGE Clerk on the day and year first herein above wntten_ Village of Key Biscayne City of Miami a mumctpal a municipal Corporation Corporation of the State of the State of Fionda of Flonda C Samuel Kissinger Village Manager Village of Key Biscayne Jose Garcia -Pedrosa City Manager City of Miami 11 APPENDIX I FEE SCHEDULE A For normal or routine automatic aid and ancillary service to augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT a monthly fee (the MINIMUM FEE) for the following years 1 established This fee covers personnel and matenal as necessary in accordance with City of Miam Standard Operating Procedures 1 October 1 1998 through September 30 1999 $ 38 333 per month 2 October 1 1999 through September 30 2000 $ 38,333 per month 3 October 1 2000 through September 30 2001 $ 38 333 per month 4 October 1, 2001 through September 30 2002 $ 38,333 per month 5 October 1 2002 through September 30 2003 $ 38 333 per month The CITY will provide a monthly mvoice with appropnate documentation as required The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice with the exception of Paragraph C Section IV Interest at the rate of twelve percent (12%) per annum shall automatically accrue on delinquent invoices until they are paid B For Major Emergencies as defined m Section IA Definition 8 the following fee schedule in addition to the normal monthly fee is established 1 $ 1 380 per hour per AenaUQuint Company 2 $ 1 035 per hour per Pumper Company 3 S 690 per hour per Advanced Life Support Rescue Company 4 $ 600 per hour per Advanced Life Support Squad Company 13 person per day 5 Charges may change based on contract agreement between the City of Miami and Fire Fighters Local 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 aV 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 matenal and personnel for VILLAGE equipment, matenal and personnel would be for a maximum of twelve (12) months Price will be determined should the actual need arise 15 APPENDIX I1I MAJOR EMERGENCY COMM AND 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 I 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 2 Officers of Unequal Rank When Officers on an incident from the Village of Kev Biscayne Fire Rescue Department and Miami Fire Rescue Department are of unequal ranks the highest ranking Officer will be in charge of the incident. 3 District Chiefs Mianu 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 A The District Chief is relieved of Command by a Miami Officer of higher rank. B The District Chief is relieved by the Chief or the Deputy Chief of the Village of Key Biscayne Fire Rescue Department The Distract Chief will then be in charge of Operations C The incident can be tumed over to the appropriate authonty of the Village of Key Biscayne Fire Rescue Department 17 J tJL— 9-9 i T HU 1 4 „S 7 e 0 2 J-98-587 5/29/98 RESOLUTION NO 98- 555 A RESOLUTION WITH ATTACHMENT AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID AND ANCILLARY RESCUE SERVICES TO SAID VILLAGE PROVIDING FOR A FIVE YEAR CONTRACT WITH A REPEALER AND SEVERABILITY CLAUSE WHEREAS the Village has requested certain fire rescue and fire inspection services be performed by the City of Miami to augment the fire protection provided by the Village which services are the responsibility of the Village to provide, and WHEREAS, the City of Miami is desirous of providing such services for the Village on a contractual basis and has thus negotiated this agreement and WHEREAS, the Village desires to engage the City of Miami to implement such services on a contractual basis until such time as said agreement may be canceled by either party in the manner set forth in said agreement and - 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 hereby adopted by reference ATTACHMENT (S) CONTAINED CITY COMICSSION MEETTNd OF JUN 0 9 1998 Rn olutpn Na 98- 555 J U L- 9- 9 8 T H U 1 4 $$ 0 3 thereto and incorporated herein as if fully set forth in this Section Section 2 This Resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 9th day of June , 1998 JOE CAROLLO MAYOR In accordance with Miami Code Sec. 2 38 since the Mayor did not indicate approv^t of this legislation by signing rt in the designated place provided, sold iegisia ion ^� r becomes effective wrlh the elapse of ten (10) days from the date of Cymmtss'cn sch^n regarding same without the Mayor exercisu�g.� eta ATTEST WALTER J FOEMAN CITY CLERK BUDGET AND GEMENT ANALYSIS REVIEW h , ARE �{{YYIWRSvCT DIPAK P OR REVIEWED BY t/ 443 JULIE 0 BRU ASSISTANT CITY ATTO APPRO =' AS , 0 O• AND CORRECTNESS VI ILO 98 258 - 2 - 98- 555 AUTOMATIC AID AND ANCILLARY SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND 1'HE CITY OF MIAMI INDEX SECTION I DEFINITION AND PURPOSE PAGE 1 SECTION II SCOPE OF SERVICE PAGE 3 SECTION III TERM PAGE 4 SECTION IV COMPENSATION PAGE 5 SECTION V INDEMNIFICATION PAGE 7 SECTION VI ACCESS FIRE CODE FIRE INSPECTION PAGE 7 SECTION VII SWITCH WITH ANOTHER PARAMEDIC (SWAP) PAGE 8 SECTION VIII RIGHT OF FIRST REFUSAL PAGE 8 SECTION IX TECHNOLOGICAL IMPROVEMENTS PAGE 9 SECTION X CANCELLATION PAGE 9 SECTION XI AMMENDMENTS PAGE 9 SECTION XII NOTICE PAGE 10 SECTION XIII GENERAL CONDITIONS PAGE 10 SECTION XIV OWNERSHIP OF DOCUMENTS PAGE 11 SECTION XV NONDELEGABILITY PAGE 11 SECTION XVI AUDIT RIGHTS PAGE 12 SECTION XVII AWARD OF AGREEMENT PAGE 12 AUTOMATIC AID AND ANCILLARY SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI INDEX SECTION XVIII CONSTRUCTION OF AGREEMENT PAGE 12 SECTION XIX INDEPENDENT CONTRACTOR PAGE 13 SECTION XX NONDISCRIMINATION PAGE 13 SECTION XXI CONTINGENCY CLAUSE PAGE 13 SECTION XXII DEFAULT PROVISION PAGE 14 SECTION XXIII ENTIRE AGREEMENT PAGE 14 SIGNATURE SHEET PAGE 15 APPENDIX I FEE SCHEDULE APPENDIX II INSPECTION SERVICES 11 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- X0 day of /99', l 1999 by and between the Village of Key Biscayne a municipal corporation of the State of Florida (the VILLAGE ) and the City of Miami a municipal corporation of the State of 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 TRFTNTTIONS 1 MIAMI FIRE -RESCUE DEPARTMENT ' means the CITY s Department of Fire -Rescue 2 - KEY BISCAYNE FIRE RESCUE DEPARTMENT ' means the VILLAGE s Department of Fire Rescue 3 - CITY FIREFIGHTER means full-time fully paid State Certified Fire Fighters officers EMTs or Paramedics according to Miami Fire -Rescue Department job descriptions 4 -VILLAGE FIREFIGHTER ' means full-time fully paid State Certified Fire Fighter/Paramedics Fire Fighter/EMTs or Officers according to Village of Key Biscayne job descriptions which are equivalent to or exceed MIAMI FIRE -RESCUE DEPARTMENT job descriptions 5 ' FIRE APPARATUS" means an apparatus meeting the appropriate requirements as set forth in NFPA Standard 1901 6 "ADVANCED LIFE SUPPORT RESCUE APPARATUS" means an apparatus meeting the requirements as set forth by the State of Florida 7 "Appropriate equipment material and personnel ' as used in SECTION II SCOPE OF SERVICE paragraph A Through J means that which has been determined to be sufficient and appropriate for the specific situation by joint agreement of the City Manager or his designee and the Village Manager or his designee 8 "Major Emergency means those incidents that involve automatic aid multi -company dispatches and extend longer than one (1) hour in duration These incidents are considered out of control and would be evidenced by the announcement of a Code 1 by the first arriving units B pTTRPO,SRR The purpose of this Agreement is to state the terms and conditions under which the CITY will provide fire rescue and ancillary services to augment the VILLAGE s fire rescue service as set forth in SECTION II of this Agreement SECTION II SCOPE OF SERVICE The CITY agrees in accordance with the terms of this Agreement to provide the following Fire -Rescue services to the VILLAGE providing that the VILLAGE maintains a fire rescue service consisting of an on -duty force of at least one FIRE APPARATUS staffed with four fully paid VILLAGE FIREFIGHTERS and one ADVANCED LIFE SUPPORT RESCUE APPARATUS staffed with three fully paid VILLAGE FIREFIGHTERS and all required equipment A Automatic dispatch of appropriate equipment material and personnel for fire suppression purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to the KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch criteria using MIAMI FIRE -RESCUE DEPARTMENT situation codes B Automatic dispatch of appropriate equipment material and personnel for emergency medical purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to KEY BISCAYNE FIRE RESCUE DEPARTMENT dispatch criteria using MIAMI FIRE -RESCUE DEPARTMENT situation codes 3 C Material and personnel for fire inspection plans examination and investigation purposes as set forth in APPENDIX II attached hereto and made a part hereof D Material and personnel for initial and ongoing training for the VILLAGE s State Certified Fire Fighters EMT s Paramedics and Inspectors E Material and personnel for VILLAGE apparatus and equipment maintenance due to normal wear and tear F Material and personnel for VILLAGE 800 MHz Communications equipment maintenance due to normal wear and tear G Material and personnel for maintenance of Computer Aided Dispatch System utilized by the Village of Key Biscayne Fire Rescue Department H Material and personnel for the provision of VILLAGE firefighting and medical expendable supplies used as a result of emergency operations and required training I Material and personnel for EMS quality assurance J Material and personnel for command and control of incidents involving MIAMI FIRE -RESCUE DEPARTMENT units as set forth in APPENDIX III attached hereto and made a part hereof SECTION III TERM Subject to the cancellation provision set forth in Section X hereof the term of this Agreement shall be for a period of five (5) years commencing on October 1 1998 and terminating on September 30 2003 4 SECTION IV COMPENSATION A The CITY will charge the minimum monthly fee set forth in the fee schedule labeled APPENDIX I attached hereto and made a part hereof commencing on October 1 1998 (the -Minimum Fee ) This charge for fire rescue services shall be for equipment and personnel required to augment routine Key Biscayne Fire Rescue Department services and protection as necessary in accordance with MIAMI FIRE -RESCUE DEPARTMENT Standard Operating Procedure B In the event of a Major Emergency as further described in this section in addition to the MINIMUM FEE an additional Major Emergency fee as set forth in APPENDIX I shall be charged to the VILLAGE For the purposes of this Agreement a "Major Emergency ' is defined as those incidents that involve automatic aid multi -company dispatches and extend longer than one (1) hour in duration These incidents are considered out of control and would be evidenced by the announcement of a Code 1 by the first arriving units Not considered Major Emergencies are minor fires rescue runs small hazardous materials incidents and those incidents that have been routinely handled in the past elsewhere in the CITY and the VILLAGE by its Fire Department by routine custom and practice C For the purpose of invoicing when Major Emergencies occur the VILLAGE will make payment within ninety (90) days after mailing by the CITY of the invoice for services Interest at the rate of twelve percent (12-) per annum shall automatically 5 accrue on delinquent invoices from the ninety first (91) day after invoicing until they are paid D The charges as set forth in the attached Lee schedule APPENDIX I shall be the maximum hourly rates for equipment and personnel with the time for such charges to be calculated from the time of the alarm to the time the responding MIAMI FIRE - RESCUE DEPARTMENT units return to City service The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each Aerial Quint Haz Mat Apparatus and Pumper three (3) CITY FIREFIGHTERS operating each Rescue and one (1) CITY FIREFIGHTER operating each Air Truck Foam Pumper and District Chief listed in the major emergency fee schedule In the event fewer CITY FIREFIGHTERS are provided the charge will be reduced proportionately E The CITY will provide a monthly invoice for routine services and protection with appropriate documentation as required The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice for services Interest at the rate of twelve percent (12-) per annum shall automatically accrue on delinquent invoices from the thirty-first (31) day after invoicing until they are paid F Charges for fire watches shall be as follows • Inspector $ 35 00/hour • Rescue Unit $100 00/hour • Firefighting Units $170 00/hour • Administrative Fee $ 10 00/per person assigned 6 1 SECTION V INDEMNIFICATION The VILLAGE shall indemnify and save harmless the CITY from any and all claims liability losses and causes of action arising out of the negligence of VILLAGE s agents officers or employees to the extend of the limitations included within Florida Statutes Section 768 28 The CITY shall indemnify and save harmless the VILLAGE from any and all claims liability losses and causes of action arising out of the negligence of CITY s agents officers or employees to the extent of the limitations included within Florida Statutes Section 768 28 SECTION VI ACCESS FIRE CODE FIRE INSPECTION A 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 PTRR (-imp The South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE shall apply to the VILLAGE 7 C FTRR INSPFCTTON.S The CITY agrees to provide as needed and when requested fire inspection services on VILLAGE property and the VILLAGE further agrees to authorize the MIAMI FIRE -RESCUE DEPARTMENT to enforce the South Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE as set forth in APPENDIX II It is further understood that all revenue that is generated by these inspections shall be the property of the VILLAGE SECTION VII SWITCH WITH ANOTHER PARAMEDIC (SWAP) The CITY and VILLAGE agree to continue the —Switch With Another Paramedic ' (SWAP) Program as an interdepartmental exchange program designed to compare and evaluate other emergency medical and firefighting systems and operations Paramedics will be able to compare their own system with that of the exchange Department Likewise these Paramedics will be able to offer insight into their own system as seen from this perspective SECTION VIII RIGHT OF FIRST REFUSAL The MIAMI FIRE -RESCUE DEPARTMENT shall have the Right of First Refusal purchase opportunity on all KEY BISCAYNE FIRE RESCUE DEPARTMENT vehicles when they are to be sold by the VILLAGE Two appraisals shall be obtained and paid for by the VILLAGE to arrive at fair market value The CITY shall pay the 8 average price determined by these two appraisals if fair market value does not vary by more than 10- betwee- appraisals SECTION IX TECHNOLOGICAL IMPROVEMENTS All technological improvements adopted and implemented by the MIAMI FIRE -RESCUE DEPARTME1TI' shall be offered to the KEY BISCAYNE FIRE RESCUE DEPARTMENT If the KEY BISCAYNE FIRE RESCUE DEPARTMENT chooses to take advantage of these improvements the VILLAGE s portion of the cost of these improvements shall be borne by the KEY BISCAYNE FIRE RESCUE DEPARTMENT SECTION X CANCELLATION This Agreement shall expire on September 30 2003 provided however that on any fiscal year during the term of this Agreement either party may terminate without cause only upon written notice served upon the non canceling party on or before the 319t 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 Donald H Warshaw 422 S W 2nd Avenue Miami Florida 33130 FOR THE VILLAGE - VILLAGE MANAGER C Samuel Kissinger 85 West McIntyre Street Key Biscayne Florida 33149 SECTION XIII GENERAL CONDITIONS A Title and Paragraph headings are for convenient reference and are not part of this Agreement B In the event of conflict between terms of this Agreement and any terms or conditions contained in any attached documents the terms of this Agreement shall rule C No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing 10 D Should any provision(s) paragraph(s) sentence(s) word(s) or phrase(s) conta_ned 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 SECTION XV NONDELEGABILITY The obligations undertaken by the CITY pursuant to this Agreement shall not be delegated or assigned to any other person 11 or firm unless the VILLAGE shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm SECTION XV1 AUDIT RIGHTS CITY and VILLAGE reserve the right to audit the records of each other as said records relate to this Agreement at any time during the performance of this Agreement and for a period of one (1) year after final payment is made under this Agreement SECTION XVII AWARD OF AGREEMENT VILLAGE warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay paid or agreed to pay any person employed by the CITY any fee commission percentage brokerage fee or gift of any kind contingent upon or resulting from the award of this Agreement SECTION XVIII CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Miami -Dade County 12 SECTION XIX INDEPENDENT CONTRACTOR CITY and its employees and agents shall be deemed to be independent contractors and not agents or employees of VILLAGE and shall not attain any rights or benefits under the Civil Service or Pension Ordnance of VILLAGE or any rights generally afforded classified or unclassified employees further CITY employees shasi not be deemed entitled to the Florida Workers Compensation benefits as an employee of the VILLAGE SECTION XX NONDISCRIMINATION VILLAGE agrees that it shall not discriminate as to race sex color creed national origin or handicap in connection with its performance under this Agreement Furthermore that no otherwise qualified individual shall solely by reason or his/her race sex color creed national origin or handicap be excluded from participating in be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance SECTION XX1 CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization reduction of funds and/or change in regulations 13 SECTION XXII DEFAULT PROVISION In the event that CITY shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein then the VILLAGE at its sole option upon ninety (90) day written notice to the CITY may cancel and terminate this Agreement SECTION XXIII ENTIRE AGREEMENT Except as specified below this instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the subject hereof and correctly sets forth the rights duties and obligations of each to the other as of its date Any prior agreements promises negotiations or representations not expressly set forth in this Agreement are of no force or effect except that the Agreement of April 19 1993 shall continue until September 30 1998 IN WITNESS WHEREOF the parties hereto have hereunto caused these presents to be signed in their names by the duly authorized officials attested by their respective CITY and VILLAGE Clerk on 14 the day and year first herein above written Village of Key Biscayne a municipal Corporation of the State of Florida C Samuel Ki4_Inger Village Manager Village of Key Bisca City of Miami a municipal Corp ation of the State of F rida Dona lU H Warshaw City Manager City of Miami ST i 4 / ATTEST 1 age Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vill&e Attorney Village of Key Biscayne APPROVED AS TO INSURANCE REQUIREMENT, Risk Management Department ?City APPROVED LEGAL AND 15 APPENDIX I FEE SCnEDULE 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 October 1 1998 through September 30 1999 $38 333 per month 2 October 1 1999 through September 30 2000 $38 333 per month 3 October 1 2000 through September 30 2001 $38 333 per month 4 October 1 2001 through September 30 2002 $38 333 per month 5 October 1 2002 through September 30 2003 $38 333 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 (12-) per annum shall automatically accrue on delinquent invoices until they are paid B For Major Emergencies as defined in Section 1A Definition 8 the following fee schedule in addition to the normal monthly fee is established 1 $1 380 per hour per Aerial/Quint Company 2 $1 035 per hour per Pumper Company 3 $690 per hour per Advanced Life Support Rescue Company 4 $600 per hour per Advanced Life Support Squad Corrpnny 5 $1 035 per hour per Haz Mat Truck 6 $690 per hour per Foam Pumper Truck 7 $230 per hour per person for Special Equipment (Fire Boat District Chief Safety Officer etc ) 8 $345 per hour per Air Truck The charges as set forth above shall be the hourly rates for ecuipment and personnel with the t_me for s c'^=res 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 and 5 above and three (3) CITY FIREFIGHTERS operating equipment listed in item 3 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 and would be evidenced by the announcement of a Code 1 by the first arriving units Not considered Major Emergencies are minor fires rescue runs small hazardous materials incidents and those incidents that have been routinely handled in the past elsewhere in the CITY and the VILLAGE by its Fire Department by routine custom and practice 2 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 $10 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 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 4 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 requested 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 a fire related death and all fire deaths resulting from fire related injuries 1 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