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Item H6 BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: October 20, 2004 Division: County Administrator Bulk Item: Yes No --.X..... Department: Fire Rescue AGENDA ITEM WORDING: Approval of Contract Addendum with The Big Pine Key Volunteer Fire Department, Inc., amending the vehicle allowance to $550.00 per month. ITEM BACKGROUND: Under the fire service contract with The Big Pine Key Volunteer Fire Department, Inc., there is a vehicle allowance of $450.00 per month to cover the purchase or lease and associated and/or related operating expenses of a motor vehicle to be used by the corporation primarily for response to fire rescue related incidents and to support incident command activities at the scene. This amount has been unchanged since October 1992 and considering the rising costs of purchasing and maintaining a vehicle, this amount needed to be adjusted accordingly. At the July 23,2004 budget meeting, the board approved adding $100.00 to this allowance bringing it up to $550.00 per month. PREVIOUS RELEVANT BOG ACTION: On August 19, 1997, the Board approved a new basic service agreement with The Big Pine Key Volunteer Fire Department, Inc. On September 18, 2002, the Board approved extending the agreement on a month-to-month basis pending the execution of a new service agreement. During the Fiscal Year 2005 budget process, at the July 23,2004 budget meeting, the Board approved adding $100.00 to this allowance bringing it up to $550.00 per month. On September 21, 2004, the Board approved the Fiscal Year 2005 budget, including this increase. CONTRACT/AGREEMENT CHANGES: Paragraph 1: TERM OF AGREEMENT: The effective date of this Contract Addendum is October 1, 2004 and shall continue on a month-to-month basis pending execution of a new service agreement. Paragraph 17: Command Vehicle: Amended to increase by $100.00, making the new vehicle allowance $550.00. ST AFF RECOMMENDATIONS: Approval. TOTAL COST OF INCREASE: $1.200.00 BUDGETED: Yes X No SOURCE OF FUNDS: Ad valorem taxes. REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty Yes anagement Yes FIRE CHIEF APPROVAL: DIVISION DIRECTOR APPROVAL: James L. Roberts DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # H ~ DISPOSITION: Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The Big Pine Key Contract #_ Volunteer Fire Department, Inc. Effective Date: 10/01/04 Expiration Date: ongoIng Contract Purpose/Description: Contract Addendum increasing the vehicle allowance from $450.00 to $550.00 per month. Contract Manager: Susan Hover 6088 Fire Rescue, Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/04 Agenda Deadline: 10/05/04 CONTRACT COSTS Total Dollar Value of Contract: $ not to exceed budgeted amount Account Codes: 11500-530-340-_-_ Current Year Portion: $ Budgeted? YeslZl Grant: $ County Match: $ NoD - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director 1-)..;--1{ YesD No Risk Management ruC.t1 YesD No/:J O.M.B./Purchasing ~esD NO~ ~ County Attomey ~<{ YesDNo~ ~~/ Date Out Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT ADDENDUM THIS CONTRACT ADDENDUM is made and entered into this day of , 2004, between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "DISTRICT", and The Big Pine Key Volunteer Fire Department, Inc., hereinafter referred to as "CORPORATION", in order to amend the agreement between the parties dated August 19, 1997 as follows: 1. TERM OF AGREEMENT: This CONTRACT ADDENDUM shall become effective on October 1, 2004 and shall continue on a month-to-month basis pending execution of a new service agreement. 17. COMMAND VEHICLE: The DISTRICT shall provide $550.00 per month to the CORPORATION for the purchase or lease and associated and/or related operating expenses of a motor vehicle to be used by the CORPORATION primarily for response to fire rescue related incidents and to support incident command activities at the scene. Said vehicle shall be either leased to or registered to and licensed by the CORPORATION. In all other respects, the agreement between the parties dated August 19, 1997 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 Mayor/Chairman Deputy Clerk (SEAL) ATTEST: THE BIG PINE KEY VOLUNTEER FIRE DEPARTMENT, INC. Secretary President / "~70N 2.: ,:<:!S c.' , ~{'?~;:;...TJRNEY --- .. 1/'1- 7V ., BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: September 18. 2002 Division: County Administrator Bulk Item: Yes No -X- Department: Fire Rescue AGENDA ITEM WORDING: Approval to extend the The Big Pine Key Volunteer Fire Department, Inc. service agreement, which expires on September 30, 2002, on a month-to-month basis pending execution of a new service agreement. ITEM BACKGROUND: The last contract to be executed was on August 19, 1997, which upon expiration was extended on a month-to-month basis pending the negotiation and execution of a new service agreement. After two years of existing on a month-to-month basis, on November 20,2001 a contract addendum was approved to increase each volunteer reimbursement by $50.00, and to set an expiration date of September 30, 2002. At this time, with the new Chief aboard, efforts are being made to negotiate a new service agreement, and we anticipate that this will be accomplished within six months, resulting in the execution of a new agreement. PREVIOUS REVELANT BOG ACTION: On August 19, 1997, the Board approved a new basic service agreement with The Big Pine Key Volunteer Fire Department, Inc. On October 13, 1999, the Board approved extending the agreement on a month-to-month basis pending the execution of a new service agreement. On November 20, 2001, the Board approved a Contract Addendum to increase each volunteer reimbursement by $50.00. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Not to exceed budgeted amount. BUDGETED: Yes -X- No COST TO COUNTY: Not to exceed budgeted amount. REVENUE PRODUCING: Yes No ----X- AMOUNT PER MONTH_ Year APPROVED BY: County Atty N/ A FIRE CHIEF APPROVAL: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included DISPOSITION: ot~~. Revised 2/27/01 To Follow Not Required X AGENDA ITEM # H & AGREEMENT AGREEMENT made this 19l.(- day of fLlA..r7~_}997 by and between the Board of Governors, Lower & Middle keys Fire and Ambulance District hereafter known as DISTRICT ("DISTRICT") and The Big Pine Key VC~_"L"'_{ Fire Department, Inc. hereafter known as CORPORATION ("CORPORA TIO?\"). RECITALS WHEREAS, The Monroe County Board of County Commissioners has pursuant to the authority granted to it in Chapter 125, Laws of Florida, and Article 7, Section 9 (b) of the Florida Constitution, established the Lower and Middle Keys Fire and Ambulance District and Municipal Service Taxing District 6 for the purpose of providing fire protection and other related municipal services primarily for the benefit of the taxpayers residing within said Districts, and WHEREAS, Corporations have been organized for the purpose of providing Fire Rescue Services within the Districts, and WHEREAS, Fire Rescue Services constitute essential services necessary for the health and safety of residents and visitors of Monroe County, and WHEREAS, the Monroe County Board of County Commissioners has provided funding appropriations within the budgets of the Districts for the reimbursement of certain expenses incurred by the various Corporations in providing Fire Rescue Services, and WHEREAS, the firefighters and rescue personnel of the Corporations are available, to respond to emergencies, and WHEREAS, the parties desire to enter into an AGREEMENT for the provision of Fire Rescue Services. NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable considerations the parties agree as follows: 1. TERM OF AGREEMENT . The tenn of this AG~EMENT sh11 be for a period of two (2) y~ars, commencing on I () 1,1 q '7 and expmng on Cj:3 0 I'll unless term mated earlier under provisions specified herein. Upon expiration, if necessary the contract may continue on a month to month basis until re-negotiated. 2. TERMINATION Either party may tenninate this AGREEMENT without cause by giving sixty (60) days written notice to the other indicating its desire to tenninate same. All equipment and facilities of the DISTRICT or Monroe County and used by the CORPORA nON to provide Fire Rescue Services shall be returned to the DISTRICT when requested upon expiration or termination of this AGREEMENT. During the interim period which might exist between expiration of this AGREEMENT and the execution of a new AGREEMENT, the CORPORATION may be authorized to continue use of the equipment and facilities. 3. SERVICES TO BE PROVIDED The CORPORATION shall be the primaI:y provider of Fire Rescue Services within their assigned geographical service area; that being: from the east end of Kemp Channel Bridge (approx. MM 23) to the west end of the Seven Mile Bridge (approx. MM 40), and provide mutual aid in accordance with established policies and procedures to any department or agency upon request, if equipment and personnel resources are available without leaving its service area unattended. Fire Rescue Services shall include, as a minimum, but not limited to the following: fire suppression, rescue, first responder level basic life support emergency medical services (non- transport), and other related emergency services within the CORPORATION's capability. Additionally, the CORPORATION shall provide hazardous material response in accordance with the current Monroe County Hazardous Material Emergency Plan and perform :fire rescue services related emergency support functions for local emergency management efforts in accordance with the current Monroe County Peacetime Emergency Plan or Monroe County Comprehensive Emergency Plan, Monroe County Hurricane Preparedness, Evacuation, Shelter and Refuge of Last Resort PlDn, Monroe County Fire Rescue Hurricane Plan, Turkey Point Emergency Procedure, Monroe County Mass Immigration Emergency Plan and other emergency plans and procedures which may be applicable to a particular service area. The CORPORATION shall conduct its business operations and provide Fire Rescue Services in accordance with applicable laws, rules, regulations, policies, procedures, protocols, and standards. 4. LEVEL OF SERVICE The CORPORATION shall provide Fire Rescue Services in accordance with ATTACHMENT "A", which establishes standards for the minimum number of appropriately trained personnel, the minimWTI number and type of motor vehicles and equipment, and the, maximum response time for initial responses to various kinds of incidents requiring Fire Rescue Services; it is not intended to be all inclusive. The actual allocation of fire rescue resources by the CORPORA nON to' a particular incident should be based upon and proportionate to its magnitude. Additionally, automatic aid and mutual aid should be used appropriately to ensure the provision of effective Fire Rescue Services. The CORPORATION shall immediately respond to emergency calls for Fire Rescue Services within its assigned geographical service area. A record shall be made of any situation where the CORPORATION cannot respond when dispatched. A record shall also be made of those instances where more than four (4) minutes elapsed between the initial dispatch of the CORPORATION to an emergency call and its response. Additionally, any delay in which over ten (10) minutes elapsed from the initial dispatch of the CORPORATION to the arrival of its essential resources at the scene of an emergency call shall be recorded. All records of such incidents shall include complete documentation of the circumstances which either prevented or delayed the response. The above mentioned response records shall be kept on file by the CORPORATION and a copy of each shall be sent to the Fire Rescue Coordinator's Office for examination. Nothing in this section creates, or is intended to create, any duty, obligation or liability on behalf of the fire department to any third party based on the department's failure to respond within the time parameters described in this section. 5. PERSONNEL The CORPORATION shall use volunteer and/or paid personnel to provide Fire Rescue Services on a twenty-four (24) hour day basis. Scheduling and assignment of personnel shall be arranged to utilize volunteer personnel to the maximum extent possible. The CORPORATION shall provide an accurate and complete membership roster of volunteers to the DISTRICT quarterly. The membership roster shall contain, as a minimum, the names of all of the CORPORATION's volunteers. The roster shall be dated and submitted to the DISTRICT so as to anive at the Fire Rescue Coordinator's Office on October 15, January 15, April 15, and July 15. 6. CORPORATION'S PAID EMPLOYEES Part time and full time personnel may be employed by the CORPORATION to provide Fire Rescue Services or to meet administrative staffing needs only if the CORPORATION and the DISTRICT mutually deem it necessary. The CORPORATION shall submit to the DISTRlCT a request to employ such part-time or full-time employees needed to provide Fire Rescue Services. The DISTRICT shall review then approve or deny such request within 30 days. If the DISTRICT denies such a request, a letter stating the reasons shall be provided to the CORPORA TION and may include alternative solutions. Part-time or full-time employees of the CORPORATION shall be compensated by the CORPORATION at a rate commensurate with that of other similarly trained and experienced personnel employed within Monroe County. The DISTRICT shall reimburse to the CORPORATION on a regular monthly basis all costs, charges, or expenditures relating to the paid employees of the CORPORATION, from funds budgeted for such purposes. 7. MINIMUM STANDARDS AND TRAINING The CORPORATION shall require that all volunteer personnel that engage in providing Fire Rescue Services comply within one (1) year with the minimum training, education and performance requirements listed in AITACHMENT "B". Paid firefighters shall at time of employment meet minimum State qualification standards for .such firefighters or achieve same within one (1) year from date of hire. The CORPORATION and DISTRICT shall maintain accurate and current training and proficiency records for all personnel evidencing compliance with this provision. Additionally, the CORPORATION shall establish and maintain a training and continuing education program designed to ensure that a high degree of competency and skills are maintained by all volunteer and paid fire rescue personnel. The CORPORATION shall also encourage and facilitate attendance by all volunteer and/or paid fire rescue personnel "at proficiency training programs provided by the CORPORATION and/or the DISTRICT. The cost of registration fees, tuition, lab fees, books, manuals, supplies and travel expenses directly related to training activities and conducting the business of the CORPORATION shall be reimbursable by the DISTRICT in accordance with applicable laws. rules and regulations, upon receipt of proper invoices and other supporting documentation and in a sum not to exceed the budgeted allocation for such purposes. The DISTRICT shall provide basic Fire Rescue Services training programs at various locations throughout the County. 8. EQUIPMENT AND FACILITIES The DISTRICT shall provide the equipment and facilities described in AITACHMENT "e" for the CORPORATION's use in providing Fire Rescue Services. The CORPORATION shall ensure that such equipment and facilities are at all times maintained in proper operational condition for the intended service and used accordingly. Equipment shall be maintained as a minimum in accordance with the manufacturers' recommended maintenance schedules. Equipment that is not functioning properly or whose operational condition is questionable shall not be used until it has been thoroughly inspected, repaired and/or tested for proper operation. Maintenance and repairs of motor vehicles shall be performed through the DISTRICT's maintenance contractor(s). The CORPORATION shall be responsible for notifying the DISTRICT when maintenance, repairs and certifications are needed and shall assist in making arrangements for those services. The DISTRICT shall arrange for annual pump tests and testing and certification of aerial devices. Copies of test results and certifications shall be maintained by both the DISTRICT and the CORPORATION. The CORPORAl'ION shall perform routine weekly equipment checkout and senicing in accordance with the schedule in AITACHMENT "D". Additionally, the CORPORATION shall perfonn applicable periodic testing of equipment and devices in its possession, in accordance with nationally recognized indu~try standards. The DISTRICT shall have the right to inspect the equipment and facilities at any reasonable time. 9. PROPERTY CONTROL The CORPORATION shall provide a system for property control of the DISTRICT's equipment and facilities in its possession. The CORPORATION shall assist in the performance of the DISTRICT's annual inventory of same. 10. SUBCONTRACTS The CORPORATION may with prior approval of the DISTRICT and/or Monroe County subcontract its services. The CORPORATION may utilize the DISTRICT's equipment and facilities in conjunction with such subcontracts provided that no unreasonable reduction in the level of service to their respective service area results. Notice of intent to subcontract, when the DISTRICT's equipment and facilities will be used, must be provided to the DISTRICT prior to execution of said subcontract in order to allow for proper review, comment, and action concerning same. A signed copy of all subcontracts shall be provided to the DISTRICT. 11. DISTRICT INSURANCE A. The DISTRICT and/or Monroe County on behalf of the DISTRICT shall provide the following insurance coverage on and for the volunteers of the CORPORATION. a. Workers' Compensation Insurance as required by Florida Statutes Chapter 440, including minimum S5oo,000 Employer's Liability coverage. If Monroe County provides the Workers' Compensation Insurance for volunteers, then the volunteers will be subject to Monroe County's Workers' Compensation Drug-Free Workplace Policy. b. General Liability Insurance, with minimum limits of $5,000,000. c. Automobile Liability Insurance with minimum limits of S5,000,000 including Physical Damage Insurance on all vehicles owned or leased by the DISTRICT or Monroe County and used by the CORPORATION. The policy shall provide secondary liability coverage on private vehicles only during such time as they are operated in response to a call, and ending, either ,at such time as the volunteer returns to his/her home, or to the first location to which a volunteer stops on the way home, after completion of participation in the emergency services that were subject to the call, whichever occurs first. B. The DISTRICT and/or Monroe County on behalf of the DISTRICT shall provide the following insurance coverage on all facilities owned and/or leased by the DISTRICT and used in providing Fire Rescue Services by the CORPORATION. a. Fire, Wind, Flood, and liability in accordance with Monroe County policy for such coverage for all County buildings. C. All DISTRICT liability insurance policies shall name the CORPORATION as an additional insured. Proof of all insurance in a fonn acceptable to the CORPORATION shall be provided by the DISTRICT upon request. 12. CORPORATION INSURANCE A. The CORPORATION shall provide the following insurance on all part-time and full- time employees of the CORPORATION: a. Workers' Compensation Insurance in compliance with Florida Statutes Chapter 440 including minimum $500,000 Employer's Liability coverage. b. Unemployment Compensation in compliance with Florida Statutes Chapter 443. c. General Liability Insurance with minimum limits of $300,000 Combined Single Limit. B. The CORPORATION may provide the following insurance on all Volunteers and/or part-time and full-time employees of the CORPORATION: a. Disability income insurance for a minimum of three hundred dollars (S3OO.00) weekly upon total disability for the first thirty (30) days and thereafter, in an amount up to six hundred dollars ($600.00) weekly, not to exceed the volunteer's regular salary. Said benefit shall continue until the volunteer can return to his regular work duties. b. Death benefit insurance with a minimum amount of fifty thousand (SSO,OOO) death/permanent disability benefit for the volunteer while engaged in the performance ofhislher duties. C. The vehicles listed on ATTACHMENT "E" are either owned by or leased to the CORPORATION. The DISTRICT agrees that they can be used by the CORPORATION to provide Fire Rescue Services. The CORPORATION shall provide the following insurance on them. a. Automobile Liability Insurance with minimum limits of $300,000 Combined Single Limit. Additionally, the CORPORATION shall keep in full force and effect auto physical damage insurance to full replacement cost value of the vehicles. D. All liability policies are to name both the DISTRICT and Monroe County as additional insured, and shall provide for no less than thirty (30) days notice of cancellation, non- renewal, or reduction in coverage. Proof of all insurance in a form acceptable to the DISTRICT shall be provided by the CORPORATION upon request. 13. INSURANCE REIMBURSEMENT The costs of insurance policies described under the provisions of Section 12 of this AGREEMENT shall be a cost, charge, or expenditure of the CORPORATION for which the DISTRICT, upon receipt of proper invoices and applicable documentation, shall reimburse the CORPORATION in an amount not to exceed the budgeted allocation. 14. PRIVATE VEIDCLE INSURANCE All CORPORATION personnel shall keep in full force and effect a policy of liability insurance on hislher private vehicle(s) in at least such minimum amounts of coverage as are required under Florida Law. Proof of in.Surance in a form acceptable to the DISTRICT shall be provided by each volunteer and maintained on file in the business office of the CORPORATION. The CORPORATION shall provide copies of proof of insurance to the DISTRICT upon request. 15. VOLUNTEER PERSONNEL REIMBURSEMENT OF EXPENSES ALLOWANCE A. The DISTRICT shall provide a reimbursement of expenses allowance to the CORPORATION for volunteer personnel in accordance with Section 2-261 of the Monroe County Code and in the following amounts: a. For each eligible volunteer, a minimum of one hundred dollars ($100.00) per month. b. For each eligible volunteer Assistant and/or Deputy Fire Chief, a minimum of one hundred seventy five dollars ($175.00) per month. c. For each eligible volunteer Fire Chief, a minimum of two hundred fifty dollars ($250.00) per month. B. The CORPORATION shall have the right to establish its own eligibility requirements for the reimbursement of expenses allowance based on participation in CORPORATION activities. The CORPORATION shall provide a copy of such eligibility requirements to the DISTRICT. DISTRICT funding of these costs shall not exceed the budgeted allocation for such purpose. The above amounts may be changed or adjusted by written approval of the DISTRICT and the CORPORATION, during the term of this AGREEMENT by an agreement addendum. 16. LENGTH OF SERVICE A WARD PROGRAM (LOSAP) - It is the intent of Monroe County to develop and institute a LOSAP during the term of this contract for the volunteer :firefighters who provide emergency services within Monroe County. The LOSAP shall be instituted provided that an analysis finds the proposed program to be viable, feasible, and within the capability of Monroe County to fund. 17. COMMAND VEHICLE The DISTRICT shall provide $450.00 per month to the CORPORATION for the purchase or lease and associated and/or related operating expenses of a motor vehicle to be used by the CORPORATION primarily for response to fire rescue related incidents and to support incident command activities at the scene. Said vehicle shall be either leased to or registered to and licensed by the CORPORATION. 18. RECORDS The CORPORATION is responsible for the following, as a minimum; A. Keeping an accurate and current inventory of all equipment and facilities used by the CORPORATION. B. Maintaining detailed, accurate, and current records of all maintenance and repairs performed by the CORPORATION on equipment and facilities, including documentation of any testing of equipment and devices. C. Maintaining accurate and current records of training, testing, and certification of all volunteers and part-time and full-time employees. D. . Preparing and filing with the DISTRICT in a timely fashion, an incident report for each response by the CORPORATION for Fire Rescue Services, mutual aid or other type calls. E. Preparing and filing a NOTICE OF INJURY FORM with the DISTRICT within 24 hours of any reportable injury involving volunteer personnel. A Monroe County Accident Inwstigation Report shall be submitted to the DISTRICT within ten (10) working days of the accident. F. Preparing and maintaining complete and accurate records of the CORPORATION's activities including, but not limited to, telephone logs, fuel logs, and supply requisitions. 19. MEDICAL REQUIREMENTS FOR FIRE FIGHTERS The CORPORATION shall ensure and document in its personnel records that all new personnel of the CORPORATION submit to a medical examination evidencing good physical condition prior to engaging in the actual provision of Fire Rescue -Services. Additionally, the CORPORATION, shall ensure and document in its personnel records that all of its personnel who are actively engaged in providing Fire Rescue Services have an annual medical evaluation which may include a medical examination. Medical evaluations and examinations shall be given by a physician or surgeon licensed to practice in the State of Florida pursuant to Chapter 458, Florida Statutes, or an osteopathic physician or surgeon licensed to practice in the State of Florida pursuant to Chapter 459, Florida Statutes. The physician should have in his possession a copy of the Standard on .Wedical Requirementsfor Fire Fighters 1992 Edition as outlined in NFPA 1582, for reference during a medical evaluation and examination, and the results of a medical examination shall be reported to the CORPORATION on completed Fonn MEF-l entitled "Medical Examination Fonn". A copy of both NFPA 1582 and Form MEF-l are included in ATTACHMENT "F". The DISTRICT shall reimburse the CORPORATION for the reasonable and customary charges of the medical evaluation and examination upon receipt of proper documentation and in a sum not to exceed the budgeted allocation for such costs. 20. ACCOUNTAB~ITY The CORPORATION shall be accountable to the DISTRICT as required by this AGREEMENT. The CORPORATION shall elect or appoint a Fire Chief for its respective service area. The Fire Chief, subordinate officers and Firefighters of the department, whether appointed or elected, shall meet the requirements in "ATTACHMENT B" or have other documented training and experience which is equal to or better than that provided by Monroe County. The Fire Chief shall appoint subordinate officers accordingly. The Fire Chief, subordinate officers and members of the CORPORATION shall perfonn their duties in a lawful, professional and responsible manner at all times. The . Monroe County Fire Rescue Coordinator shall have the authority to direct, coordinate, and control all Fire Rescue Services during a State of Local Emergency in conjunction with Emergency Management of Monroe County. Additionally, the Monroe County Fire Rescue Coordinator may direct, coordinate, and control Fire Rescue Services during major incidents which require the response and interaction of multiple Fire Rescue Service providers and resources. The DISTRICT shall provide administrative and technical assistance, within its capability to the CORPORATION, as requested, in matters relating to the operation of Fire Rescue Services. Representatives of both the DISTRICT and the CORPORATION shall meet on a regular basis for discussions regarding the operation of the Fire Rescue Services contemplated within this AGREE.MENT and other related matters; meeting dates to be jointly agreed upon. All administrative correspondence shall be sent to: To the DISTRICT: Monroe County Fire Rescue Coordinator's Office 490 63 rd St., Suite 160 Marathon, Fl 33050 To the CORPORATION: 21. COMMUNICATIONS SYSTEM The DISTRICT and/or Monroe County shall provide a communications system for the dispatching of all emergency and non-emergency calls. Dispatch and coordination of all Fire Rescue Services' resources responding to an incident shall be in accordance with the .lfonroe County Public Safety Division DisJHlIch Protocol. The DISTRICT shall ensure that copies of the current Dispatch Protocols are provided to the CORPORATION, and shall schedule and conduct meetings when necessary to revise them to improve the efficiency and effectiveness of the response system. 22. PROCUREMENT The CORPORATION shall procure goods and services, for which the DISTRICf is financially responsible, in accordance with current Procurement Policies for Monroe County . The CORPORA nON may orally request a purchase order through the Fire Rescue Coordinator's office for such supplies, equipment, and/or services required to provide Fire Rescue Services and for which the DISTRICT has allocated funds in the current budget. However, a "Request to Purchase" form shall be completed and forwarded to the Fire Rescue Coordinator's Office for purchases exceeding $500. The Fire Rescue Coordinator's Office shall act on the request to purchase in a timely manner. The procurement of goods and services occurring after normal business hours or during weekends by the CORPORATION shall be limited to only those emergency situations in which case such procurement was necessary in order to av~id interruption of services or to maintain current service levels during such period, with notification of said obligation to the Fire Rescue Coordinator's Office the next business day. 23. PAYMENT Reimbursement requests will be submitted monthly to the DISTRICT through the Fire Rescue Coordinator's Office, in accordance with ATTACHMENT "G", Reimbursement Procedures. Reimbursable expenses will be reviewed for appropriateness by the County Clerk's Finance Department and processed accordingly. Evidence of payment by the CORPORATION shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement as well as a Corporate official's signature. An example of a reimbursement request cover letter is included as ATTACHMENT "'H". After the Clerk of the Board examines and approves the request for reimbursement, the DISTRICT shall reimburse the CORPORATION. However, the total of said reimbursable expense payments in the aggregate sum shall not exceed the total budgeted allocation during the tenn of this agreement. 24. DISTRICT BUDGET The DISTRICT budget, as adopted, provides funding for personal, operating and capital expenses necessary or incidental to the provision of the Fire Rescue Services contemplated within this AGREEMENT. The Monroe County Fire Rescue Coordinator's Office, on behalf of the DiS:ro~T, shall be respoDSi~le for mana~g th,:"e funds. !\1gul'lle ~:;u:~ ~;~~~:P:; aDd obligation to pay under thiS contract. IS contlDgent upon an an I r .. the BOCC. 25. TRIAL BALANCES The DISTRICT shall provide a trial balance report to the CORPORATION each month, to apprise the CORPORATION of budgeted appropriations and the status of expenditures. Other financial reports will be provided upon request. . 26. BUDGET REQUEST Upon request of the DISTRICT, the CORPORATION shall submit a proposed budget appropriations request, by line item account, for the forthcoming fiscal year. When deemed necessary, based on statistical analysis of usage, mileage, serviceability, and/or level of service, the DISTRICT shall consider a budget appropriations request for refurbishment, replacement, or purchase of additional vehicles. In such cases, the CORPORATION shall prepare and submit minimum vehicle and associated and related equipment requirements to the DISTRICT for review and concurrence. The DISTRICT shall then prepare specifications and procure the vehicles in accordance with its procurement policies and procedures. The CORPORATION shall be involved in monitoring all phases of refurbishing or purchasing of vehicles to be used by the CORPORATION. 27. ANNUAL AUDIT REPORT The CORPORATION shall present a copy of its annual audit report, prepared by a certified public accountant licensed to do business in the State of Florida, to the DISTRlCT. The report shall be presented to the DISTRICT within thirty (30) days of its receipt by the CORPORATION. The CORPORA nON shall comply with this requirement for each audit year concurrent in whole or in part with the tenn of this AGREEMENT. The cost of such audit shall be a cost, charge, or expenditure of the CORPORATION for which the DISTRICT, upon receipt of proper invoices and other applicable documentation, shall reimburse the CORPORATION in a sum not to exceed the budgeted allocation for same. 28. INDEMNIFICATION The CORPORATION to the fullest extent permitted by law, shall indemnify and forever hold hannless the DISTRICT and Monroe County, their officers, agents, and employees, from all claims of any sort whatsoever that may arise from negligence, acts, or omissions of the paid-part time and/or full-time employees of the CORPORATION, not related to the provision of Fire Rescue Services and/or related administrative services. 29. NOTICES The DISTRICT shall give proper notice to the CORPORATION at any time during the term of this agreement if the CORPORATION defaults under any provisions specified herein, or violates any standard specified in the AGREEMENT, or violates any other law, regulation or standard applicable to furnishing of Fire Rescue Services in Monroe County. In such eyent, the County Administrator or designee shall furnish the CORPORATION written notice of any such default or violation and the CORPORATION shall have thirty (30) days from receipt of said notice to correct or remedy such default or violation. If such violation is not corrected or such default is not remedied within said thirty (30) day period, or is of such nature that it can not be corrected or remedied, this AGREElvIENT shall be considered tenninated. Any notice required or permitted to be given hereinafter shall be deemed properly given at the time it is personally delivered or mailed, properly addressed and postmarked to the respective address specified below or to such other addresses as may be specified in writing. To the DISTRICT: Office of the County Administrator Public Service Building, Wing II 5825 College Rd. West Key West, Fl 33040 To the CORPORATION: -8.,1 ~O~_~~'1lJ.L. ~g~;:~. ~ lvp-" ;;:'1) f=l '3 30. INVALIDITY If any section, subsection, sentence, clause, or provision of this AGREEMENT is held invalid, the remainder of this AGREE.'\1ENT shall not be affected by such invalidity. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written. ,~; /'~' \ BOARD OF GOVERNORS OF THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT, MONROE COUNTY, FLORIDA /' /1 /.~ I .. . (SEAL)'." . / "':;.'"~~,"=.;;;:...'Y/ Attest: Danny L. Kolhage, Clerk .fbJ-d c. ~~ The Big Pine Key Volunteer Fire Department, Inc. (CORPORATE SEAL) ~~~ PreSIdent Allest: y{)~/7-~ Secretary . -