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FY1993 10/07/1992 Agreement J)annp J1.. i\olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. \305\ 743.9036 CLERK OF THE CIRGUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL, (305) 294.4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 M E M 0 RAN DUM From: Reggie Paros, Director Division of Public Safety Rosalie COnnOllY,~ Deputy Clerk To: Date: November 17, 1992 ===========~===================================================== On October 7, 1992, the Board of County commissioners approved and authorized execution of an Agreement with Big pine Volunteer Fire Department. Attached for return to Big pine is a duplicate original of the subject Agreement which has now been fUlly-executed by all parties. cc: County Attorney county Administrator wlo document Risk Management Director wlo document Finance Director File AGREEMENT AGREEMENT made this 7th day of October 1992 by and fJ:j~f~enf t.Jrte-(iPC Board of Governors of the Lower and Middle Keys Fire and Ambulance District, Monroe County, Florida, hereinaft~ known as ("District") and Big Pine Volunteer Fire Depart~ntNDV Unctm :02 hereinafter known as ("Department"). ....., t WJNR(), tllN: { i I : 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, for the purpose of providing fire protection, fire suppression, rescue services, and control of hazardous si tuations herein after called "Fire Rescue Services" primarily for the benefit of the taxpayers residing within said District, and RECITALS WHEREAS, within the District fire organized as non-profit corporations providing Fire and Rescue Services within departments have been for the purpose of the District, and WHEREAS, such Fire services necessary to residents, and and Rescue Services constitute essential the health and safety of Monroe County WHEREAS, the Monroe county Board of County Commissioners has provided by ordinance for the reimbursement of expenses incurred by the various departments for said services from funds strictly within the budget for the District, and WHEREAS, the personnel within alert, and various volunteer the District are fire fighters available and and rescue on constant WHEREAS, the parties desire to enter into an AGREEMENT for the reimbursement of expenses relating to the services provided by the department and other related matters. 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 term of this AGREEMENT shall be for a period of one (1) year, commencing on October 1, 1992 and expiring on September 30, 1993 unless terminated earlier and hereafter provided. Upon expiration, if necessary the contract may continue on a month to month basis until renegotiated. 2. TERMINATION The DISTRICT may terminate this AGREEMENT at any time during its term if the DEPARTMENT defaults under any provisions specified herein, or violates any standard specified in this AGREEMENT, or violates any other law, regulation or standard applicable to furnishing of Fire and Rescue Services in Monroe County. In such event, the Administrator of the County shall furnish the DEPARTMENT written notice of any such default or violation and the DEPARTMENT shall have thirty (30) days from receipt of said notice to correct or remedy such fault or violation. If such violation is not corrected or such default is not remedied wi thin said thirty (30) day period, or is of such nature that it can not be corrected or remedied, this AGREEMENT shall be considered void. The DEPARTMENT may terminate this AGREEMENT without cause by giving sixty (60) days written notice indicating its desire to terminate same. 3. RESPONSE AREA AND MUTUAL AID The DEPARTMENT shall be the primary provider of Fire Rescue Services and secondary provider of Basic Life Support Services within their response area. The DEPARTMENT shall also provide mutual aid response to any other department upon request and/or in accordance with existing protocol, applicable laws, rules, regulations and standards. 4. PERSONNEL The DEPARTMENT shall maintain volunteer and/or paid personnel so as to ensure a complement of personnel to provide Fire and Rescue Services on a twenty four (24) hour basis to the DISTRICT. Scheduling and assignment of personnel shall be arranged so as to utilize, to the maximum extent possible, volunteer personnel. Only in the event the DEPARTMENT deems it necessary to maintain coverage or to meet administrative needs shall paid part-time or full-time employees be employed. 5. MINIMUM STANDARDS AND TRAINING The DEPARTMENT shall require that all volunteer personnel engaged in Fire and Rescue Services comply with the minimum training, education and performance requirements of the State of Florida for volunteer fire fighters and the Standard on Monroe County Fire Rescue Occupational Safety and Health Program adopted by the DEPARTMENT, the Monroe County Fire Chief's Association, and the DISTRICT. Full-time paid fire fighters shall meet minimum State qualification standards for paid fire fighters or achieve same within one (1) year from date of hire. The DEPARTMENT shall establish and maintain a training and continuing education program designed to maintain a high degree of competence and skill on the part of all volunteer and/or paid fire rescue personnel. The DEPARTMENT shall also facilitate and encourage attendance by all volunteer and/or paid fire rescue personnel at proficiency training programs provided by the DEPARTMENT and/or the Monroe County Fire Marshal's Office. The DEPARTMENT shall maintain current and accurate training and proficiency records for all volunteer and/or paid fire rescue 2 personnel evidencing compliance with this provision. The costs of such programs and other training classes, or drills including travel expenses, shall DISTRICT in accordance with applicable regulations, and upon submission of documentation. seminars, meetings, be funded by the laws, rules, and proper supporting 6. PAID EMPLOYEES The DEPARTMENT may employ such part-time or full-time employees as it determines is necessary to carry out its Fire and Rescue Services. Part-time or full-time employees of the DEPARTMENT shall be compensated by the DEPARTMENT at a rate commensurate with that of other similarly trained and experienced personnel employed wi thin Monroe County. The DISTRICT shall reimburse to the DEPARTMENT on a regular monthly basis all costs, charges, or expenditures relating to paid employees of the DEPARTMENT. 7. VEHICLES, EQUIPMENT, AND FACILITIES The DISTRICT shall provide to the DEPARTMENT sufficient vehicles, equipment, and facilities to enable the DEPARTMENT to carry out its Fire and Rescue Services within the DISTRICT as provided for in the Monroe County Master Public Fire Defense Plan or any other plans or documents relating to Fire and Rescue Services that are adopted by Monroe County. The DISTRICT shall be responsible for the general maintenance and repair of the vehicles, equipment, and facilities owned and/or leased by the DISTRICT as well as, required periodic testing and certification of all equipment, as necessary, used by the DEPARTMENT in connection with its Fire and Rescue Services. The DEPARTMENT shall be responsible for proper control of all assigned vehicles, equipment, and facilities. The DEPARTMENT shall be responsible for notifying the Monroe County Fire Marshal's Office of needed repairs for vehicles, equipment, and facilities and shall assist in arrangements for said repairs. The Fire Marshal's Office shall have the right to inspect the vehicles, equipment, or facilities at any reasonable time. B. PROPERTY CONTROL The DEPARTMENT shall provide a system for property control of the vehicles and equipment owned and/or leased by the DISTRICT or Monroe County, and used by the DEPARTMENT to provide Fire and Rescue services. The DEPARTMENT shall assist in the performance of the annual inventory of the vehicles and equipment. 9. SUBCONTRACTS The DEPARTMENT may subcontract its services when such Subcontracts are determined to be beneficial to the DEPARTMENT, the DISTRICT or Monroe County, and/or the community. The DEPARTMENT may utilize equipment and vehicles owned and/or leased 3 by the DISTRICT or Monroe County in conjunction with the above subcontractors provided that no reduction in the level of service to their respective service area results from the utilization of said equipment for subcontractual services. Notice of intent to subcontract, when District equipment and/or vehicles will be used, must be provided to the DISTRICT at least 30 days prior to execution of said subcontract in order to allow for proper review and comment concerning same. A signed copy of all subcontracts shall be provided to the DISTRICT. 10. DISTRICT INSURANCE The DISTRICT and/or Monroe County on behalf of the DISTRICT shall provide the following insurance coverage on and for the volunteers of the DEPARTMENT: A. Workers Compensation Insurance as required by Florida Statutes Chapter 440, including minimum $500,000 Employer'S Liability coverage. B. General Liability Insurance, with minimum limits of $2,000,000. C. Automobile Liability Insurance with minimum limits of $2,000,000 including Physical Damage Insurance on all vehicles owned or leased by the DISTRICT or Monroe County and used by the DEPARTMENT. The policy shall provide secondary 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. All District liability insurance DEPARTMENT as an additional insured. form acceptable to the DEPARTMENT DISTRICT upon request. policies shall name Proof of all insurance shall be provided by the in a the 11. DEPARTMENT INSURANCE The DEPARTMENT shall provide the following insurance on all part-time and full-time employees of the DEPARTMENT: 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. D. Disability income insurance for a minimum of three hundred dollars ($300.00) weekly upon total disability for the first thirty (30) days and thereafter, in an amount up to six hundred dollars ($600.00) weekly, not 4 to exceed the employee's net income. Said benefit shall continue until the employee can return to his regular work duties. E. Death benefits insurance with a minimum amount of fifty thousand ($50,000.00) death/permanent disability benefit for the employee while engaged in the performance of his/her duties. The Department shall provide the following insurance on all volunteers of the Department: A. Disability income insurance for a minimum of three hundred dollars ($300.00) 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 benefits insurance with a minimum amount of fifty thousand ($50,000.00) death/permanent disability benefit for the volunteer while engaged in the performance of his/her duties. The Department shall provide the following insurance on all vehicles owned and/or leased by the Department and used in providing Fire and Rescue Services within the District: A. Automobile Liability Insurance with minimum limits of $300,000 Combined Single Limit. 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 DEPARTMENT upon request. 12. INSURANCE REIMBURSEMENT The costs of insurance policies required of Section 11 of this AGREEMENT shall be expenditure of the DEPARTMENT for which receipt of proper invoices and applicable reimburse the DEPARTMENT. under the prov1s1ons a cost, charge, or the DISTRICT, upon documentation, shall 13. PRIVATE VEHICLE INSURANCE All DEPARTMENT personnel shall keep in full force and effect a policy of liability insurance on his/her private vehicle(s) in at least such minimum amounts of coverage as are required under Florida law. Proof of insurance in a form acceptable to the DISTRICT shall be provided by each volunteer and maintained on file in the business office of the DEPARTMENT. The DEPARTMENT 5 shall provide copies of proof of insurance to the DISTRICT upon request. 14. LENGTH OF SERVICE AWARDS PROGRAM The DEPARTMENT shall cause to be issued and kept in full force a Length of Service Awards Program for the volunteer personnel of the DEPARTMENT. Said program shall provide retirement benefits for the volunteer personnel. Exact coverage and benefits of the Length of Service Awards Program shall be approved by the Monroe county Fire Chief's Association. Said coverage and benefits may be changed or adjusted during the term of this AGREEMENT without cause to void, cancel, or violate this AGREEMENT. Volunteer personnel who meet eligibility requirements adopted and approved by the Monroe County Fire Chief's Association shall benefit from said program. The cost of the above mentioned Length of Service Awards Program shall be a cost, charge, or expenditure for which the DISTRICT, upon receipt of proper invoices and applicable documentation, shall pay in a sum not to exceed the budgeted allocation for such costs, charges, or expenditures. This Length of Service Awards Program shall be contingent upon budgeted funding. 15. VOLUNTEER PERSONNEL REIMBURSEMENT The DISTRICT shall reimburse the DEPARTMENT for volunteer personnel in accordance with Section 2.261 of the Monroe County Code and in the following amounts: A. For each eligible Volunteer, one hundred dollars ($100.00) per month. B. For each Assistant and/or Deputy Fire Chief, one hundred seventy five dollars ($175.00) per month. C. For Fire Chief, two hundred fifty dollars ($250.00) per month. Each DEPARTMENT shall have the right to establish its own eligibility requirements for disbursement of reimbursement based on participation of DEPARTMENT activities. DISTRICT funding for the reimbursement of volunteers shall not exceed the budgeted allocation for such reimbursement. Said amounts may be changed or adjusted by approval of the DISTRICT and the DEPARTMENT, during the term of this AGREEMENT without cause to void, cancel, or violate this AGREEMENT. 16. DEPARTMENT VEHICLE ALLOWANCE The DISTRICT shall fund to the DEPARTMENT four hundred fifty ($450.00) per month for Chiefs/Command/Support vehicle allowance. 17. MAINTENANCE AND RECORDS CUSTODIAN 6 The DEPARTMENT is responsible for, and part-time or full-time basis an individual include but are not limited to the following: may employ on a whose duties may A. Maintenance and minor repair of all vehicles and equipment used by the DEPARTMENT. B. Keeping an accurate and current inventory of all vehicles and equipment used by the DEPARTMENT. C. Maintaining detailed, accurate, and current records of all maintenance and repairs performed on all vehicles and equipment used by the DEPARTMENT. D. Ensuring that all required testing and certification of f ire rescue, emergency, and medical equipment is performed in a timely fashion and that detailed, accurate, and current records of such testing and certification are maintained by the DEPARTMENT. E. Maintaining accurate and current records of training, testing, and certification of all volunteer personnel and part-time and full-time employees. F. Preparing and filing with the Fire Marshal's Office in a timely fashion, and incident report for each response by the DEPARTMENT to all fire rescue, mutual aid or other miscellaneous calls. G. Preparing and filing with the Fire Marshal's Office a first report of injury within 48 hours of any reportable injury involving volunteer personnel. H. Preparing and maintaining complete and accurate records of the DEPARTMENT'S activities including, but not limited to, telephone logs, fuel logs, and supply requisitions. The maintenance and records custodian shall be compensated by the DEPARTMENT as a reimbursable expense by the DISTRICT in an amount commensurate with the compensation of employees in similar positions within Monroe County provided, however, that such amount shall not exceed the budgeted allocation for such position. 18. FIRE DEPARTMENT PHYSICIAN The DISTRICT shall contract with Florida licensed physician(s) to serve as the Fire Department Physician to provide a non-mandatory annual physical examination and other medical expertise as required by Section 8-1 and 8-4 of the Standard on Monroe County Fire Rescue Occupational Safety and Health program. 19. ACCOUNTABILITY The DEPARTMENT shall be accountable to the DISTRICT as required by this AGREEMENT. The Monroe County Fire Marshal's Office shall have the authority to coordinate and control all Fire and Rescue Services during a State of Local Emergency and/or in conjunction with Emergency Management of Monroe County. The Monroe County Fire Marshal's Office shall also have the authority to coordinate and control Fire Rescue Services during other major 7 incidents if requested by the DEPARTMENT having jurisdiction or under any authority granted to the Monroe County Fire Marshal's Office by any applicable laws and/or ordinances or under any protocols, rules, regulations, standards, plans, policies, and/or procedures approved by the Monroe County Fire Chief's Association. The DEPARTMENT shall have the duties and responsibilities in its respective service area which are applicable to Fire and Rescue Services and are specified in any applicable laws and/or ordinances or under any protocols, rules, regulations, standards, plans, policies, and/or procedures approved by Monroe County and/or the DISTRICT, dependent upon resources availability. The Monroe County Fire Marshal's Office shall provide administrative and technical assistance, as requested, to the DEPARTMENT in matters relating to the operation of the Fire Rescue Services. Representatives of both the DISTRICT and the DEPARTMENT shall meet on a regular basis for discussions regarding the operation of the Fire Rescue Services contemplated within this AGREEMENT and other related matters; meeting dates to be jointly agreed upon. All Administrative correspondence shall be sent to: To the DISTRICT: Monroe County Fire Marshal's office 490 63rd st., Suite 160 Marathon, FL 33050 To the DEPARTMENT: 20. COMMUNICATIONS SYSTEM Monroe County shall provide for an exclusive central communications system for the dispatching of all emergency and non-emergency calls within the service area. Said system shall consist of the vehicles used by the DEPARTMENT, the fire stations, the central dispatch centers of the County, and the two-way radios installed in the respective vehicles and locations. The DEPARTMENT shall have the right to establish a complement of response equipment and vehicles to meet the needs of a particular call. The central dispatchers of the county shall have the right to dispatch the DEPARTMENT and to receive immediate confirmation of the status and location of all in-service units. It is hereby recognized and acknowledged that the right of the central dispatchers to dispatch and confirm status is paramount in order to effectively coordinate the provision of both emergency and non-emergency Fire and Rescue Service wi thin Monroe County. In circumstances in which the DEPARTMENT is unable to respond to an emergency call, regardless of reason, the central dispatchers of the County shall follow established procedures for such conditions. The Monroe County 8 Fire Marshal's Office shall provide copies of current dispatching procedures for fire, rescue, and ambulance services to the DEPARTMENT and shall schedule and conduct meetings when necessary to revise said procedures to improve the efficiency and effectiveness of the response system. 21. PROCUREMENT The DEPARTMENT shall procure goods and services, for which the DISTRICT shall be financially responsible, in accordance with current Procurement Policies for Monroe County, Section IV, Level "A" requesting authority. The DEPARTMENT may directly transmit a "Request to Purchase" to the Purchasing Department for such supplies, equipment, and/or services required to provide Fire and Rescue Services and for which the DISTRICT has allocated funds in the current budget. The Chief of the DEPARTMENT or his/her designee, in writing, shall have signature authority applicable to such Level "A" procurements. A "Request to Purchase" form shall be completed and forwarded to the Fire Marshal's Office for purchases exceeding Level "A" dollar limits. The Fire Marshal's Office shall review and then forward such requests through the Public safety Division to the Purchasing Department for further processing. The Purchasing Department shall in conjunction with the Fire Marshal's Office, purchase or approve the purchase by the Fire Marshal's office of the equipment, supplies, or other support material required by the DEPARTMENT to provide Fire Rescue Services and for which the DISTRICT has allocated funds in the current budget. The procurement of goods and services occurring after normal business hours or during weekends by the DEPARTMENT shall be limited to only those emergency situations in which case such procurement was necessary in order to avoid interruption of services or to maintain current service levels during such period. The DEPARTMENT shall notify the Fire Marshal's Office at the beginning of the next business day to obtain a purchase order for such procurement. 22. EXPENSE REQUEST The DEPARTMENT shall provide a Request for Expense Reimbursement Form, by line item accounts and with applicable documentation attached, to the Monroe County Fire Marshal's Office. The DISTRICT shall reimburse the DEPARTMENT for said expenses within 30 days of receipt of said Request for Expense Reimbursement form as provided for in this AGREEMENT. 23. BUDGET/AGREEMENT The DISTRICT budget, as adopted, provides funding for utilities and other internal costs, charges, or expenditures necessary or incidental to the operation of the Fire Rescue Services contemplated within this AGREEMENT, which have not been previously specified herein, i.e. County/DISTRICT provided insurance, Risk Management, Workers compensation, fuel from 9 County pumps, Information Systems, etc. The Monroe County Fire Marshal's Office on behalf of the DISTRICT shall be responsible for providing the necessary accountability and controls for these funds. 24. TRIAL BALANCES The DISTRICT shall provide to the DEPARTMENT each month a trial balance with a detailed distribution list of the DISTRICT'S funds allocated and expenses so as to apprise the DEPARTMENT of budgeted appropriations and the status of expenditures. 25. BUDGET REQUEST Upon request of the DISTRICT, the DEPARTMENT 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 refurbish, replacement or additional apparatus provided to the DEPARTMENT by the DISTRICT. The DEPARTMENT shall prepare and submit minimum vehicle and equipment requirements to the DISTRICT for review and concurrence. The DISTRICT shall then prepare specifications and procure the apparatus in accordance with applicable policies and procedures. The DEPARTMENT shall be involved in monitoring all phases of refurbishing or purchasing of apparatus to be used by the DEPARTMENT. 26. ANNUAL AUDIT REPORT The DEPARTMENT shall allow the DISTRICT to conduct an annual audit report, certified by a certified public accountant licensed to do business in the state of Florida. The DISTRICT will be responsible to procure the services of the audit. The report shall be presented to the DEPARTMENT within thirty (30) days of receipt by the DISTRICT of its annual audit report. The DEPARTMENT shall comply with this requirement for each audit year concurrent in whole or in part with the term of this AGREEMENT. The cost of such audit shall be a cost, charge, or expenditure of the DISTRICT. 27. INDEMNIFICATION The DEPARTMENT to the fullest extent permitted by law, shall indemnify and forever hold harmless 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 DEPARTMENT, not related to the provision of Fire Rescue Services. 10 28. NOTICES Any notice required or permitted to be given hereunder 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, 5100 College Rd. Key West, FL 33040 To the DEPARTMENT: All vehicles and equipment owned and/or leased by the DISTRICT or Monroe county and used by the DEPARTMENT to provide Fire Rescue Services shall be returned to the DISTRICT when requested upon expiration or termination of this AGREEMENT. During the interim period between expiration of this AGREEMENT and the execution of a new AGREEMENT, the DEPARTMENT shall be authorized to use the vehicles and equipment for continued provision of Fire Rescue Service. 29. INVALIDITY If any section, subsection, sentence, clause, or provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT 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, LOWER AND, MIDDLE KEYS FIRE AND AMBULANCE DISTRICT, MONROE COUNTY, FLORIDA (SEAL) 'v.~ ., trI ~~.. 6 - ~ ~ 1\-.. . -- ~~ Mayor 1016. RN to VOLUNTEER FIRE DEPARTM~. ' INC... ~ i.__ President ' (CORPORATE SEAL) Jest: Cu . l^)~ ~~cretary APproved~to form and legal sufficie 1 J By: ,~ County Attorney's Office 11