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R-587-75 • r RESOLUTION NO. 587 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN DADE COUNTY AND MIAMI SHORES VILLAGE TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL RESCUE SERVICES WHEREAS, the Village Manager has presented to this Council a proposed Agreement between Dade County and Miami Shores Village wherein Dade County agrees to assume the responsibility of providing fire protection and emergency medical rescue services for the residents of the said Municipality and WHEREAS, the Village Manager has requested this Council to approve said Agreement and to authorize its execu- tion, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MIAMI SHORES VILLAGE, that this Council approves the Agreement between Dade County and Miami Shores Village, a copy of which is attached hereto and made a part of this Resolution, and the Mayor and the Village Clerk are authorized to execute said Agreement on behalf of Miami Shores Village, Florida, the same to become effective on execution by Dade County, Florida. PASSED AND ADOPTED, this 19th day of June 1975. C D nald W. McIntosh Mayor ATTEST: Village Clerk /s . r A G R E E M E N T THIS AGREEMENT made and entered into this 1st day of October 19751 by and between DADE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and MIAMI SHORES VILLAGE, a municipal corporation, hereinafter called the "Municipality" . WHEREAS, the Municipality desires the services of a uniform system for fire protection provided by the Dade County Fire Department as authorized in the Metropolitan Dade County Charter, Article I, Section 101A (4) and Article XXI, Chapter 2 of the Metropolitan Code; and WHEREAS, the Municipality desires to continue the availability of Emergency Medical Rescue Services (EMRS) for its citizens; and WHEREAS, the Board of County Commissioners of Dade County has authorized the Fire Department to provide Emergency Medical Rescue Services; and WHERE.-%S, the Municipality desires to be relieved of the increasing cost of maintaining separate fire and rescue services for the protection of its citizens and their property; NOW, THEREFORE, it is agreed and understood that in consideration of the mutual promises herein contained, the sums of money to be paid under this Agreement, and other good an valuable considerations, the Municipality and the County desire tc :.-fine their mutual responsibilities for providing an o:—,Z:rly transfer of fire protection and rescue services of the municipality ---o the County as part of a uniform system of fire protection and r6sc.ue service for the citizens of the Municipality, to-wit: 1. The Municipality shall transfer title and possession of all Municipal firefighting apparatus, emergency medical rescue equipment and supplies , including the Municipal fire hydrants, all station furnishings and air-conditioners, owned by the Municipality on the effective date of this Agreement to Dade County at no cost to the County and without obligation thereon or debt incurred by the Municipality prior to the date of the transfer. The Municipality shall furnish on or before the effective date of this Agreement, an inventory of all items to be transferred to the County. Upon return to Municipality of the premises hereinafter described in Paragraph 9 , all furnishings and personal property therein (or replacements thereof) , will revert to the Municipality and County shall transfer title to and possession thereof to the Municipality. The Municipality shall furnish on or before the effective date of this Agreement, an inventory of furnishings and personal property to be returned to Municipality upon return of the aforementioned premises. 2. The County will accept all regular firefighting personnel of the Municipality. For clarification to such personnel, the rate of pay to be paid -to each employee upon transfer will be determined as follows : a) The pay rate for each Municipal employee will be determined by dividing the employee' s total pay per week, as of the last pay period prior to merger excluding overtime, differentials and allowances but including longevity supplement prorated on a weekly basis, by fifty-six (56) hours. b) If the rate calculated in (a) above, is not equal to a pay step within the County's pay range then the Municipality employee ' s pay rate will be adjusted to the next highest pay step in the County' s pay range; 2 - c) The salary anniversary date for each Municipality employee shall be the date of the last merit pay increase, longevity pay increase or promotion received from the Municipality, which- ever occurred* last; d) Grant a one-step in range increase if the salary anniversary date established in (c) above was October 1, 1974 or earlier and if the employee was placed below the maximum step in the County's range. The receipt of a one-step in range increase shall establish a new salary anniversary date of October 1, 1975. e) The time-in-grade longevity pay step shall be awarded only if the employee 's rate in (d) above is either the maximum pay step in the County range or the first time-in-grade longevity step and the employee has no increase described in (c) above for five (5) years or more; f) If the pay rate calculated in (b) above is greater than the maximum pay step in the County's pay range and the employee does not meet the criteria for a time-in-grade longevity pay step described in (e) above, then the employee's pay rate shall be frozen (i.e. , red circled) until such time that the employee' s pay rate falls within the County's pay range or he becomes eligible for a time-in-grade longevity pay step. g) Subsequent to transfer, each employee will be eligible to receive a merit and time-in-grade longevity increases after serving the requisite time in the pay step pursuant to County policy. 3 - . t 3. The County guarantees the right of each Municipal employee transferred to select either the pension plan for fire- fighters of the Municipality or the Florida Retirement System. The selection of pension plan must be made no later than the date of transfer. From and after the date of the transfer, the County will finance the employer contribution to the pension plan selected and in effect as of the date of the transfer. The County will not pay or be responsible for any' benefits not in effect at the time that this Agreement is ratified by either party to the Agreement. 4. The County guarantees to each Municipal employee, that their respective seniority dates shall be the most recent date of hire as a firefighter for the Municipality. The County further guarantees that all prior full-time, paid continuous Municipal service shall be credited towards the County's fifteen (15) year longevity bonus award as described ih Dade County Administrative Order 7-10. 5. The County will credit all unused sick leave which is not payable upon separation from the Municipality to the account of each individual employee which leave may then be used by the employee in accordance with County Personnel Rules and Regulations. 6. The Municipality agrees to compensate its employees for all services or benefits incurred prior to the effective date of the transfer including, but not limited to, accumulated annual leave, compensatory time, and holiday leave except as otherwise provided in this Agreement. 7. Upon transfer, all Municipal employees shall be subject to Dade County ordinances, resolutions, Personnel Rules and Regulations, pay plans, and applicable collective bargaining agreements. 4 - 8. Municipal employees shall certify in writing their individual acceptance of job classification and pay rate to be assigned by County prior to the effective date of this Agreement. 9. the Municipality agrees to lease to the County at a rental of one dollar a year, for three years, subject to the provisions of paragraph 19 herein, those parts of the Village Town Hall designated as a two jay fire station with existing offices and related living quarters and parking spaces for a minimum of five (5) personnel on duty as long as they are utilized by the County for fire protection services. Upon termination of said lease, County shall return said premises in the same condition as of the commencement date of said lease, ordinary wear and tear excepted. 10. The County agrees to provide interior maintenance and alterations as required by Dade County to said leased property without cost to the Municipality and will pay the cost of all utilities and telephone services utilized by the County after the effecive date of this Agreement. The Municipality agrees to maintain the basic structure and exterior portions of the fire station, including the roof, without cost to the County, provided any alterations to the same, required by County or damage to the same caused by employees of the County shall be paid by the County. In the event expansion of the building is required to provide more living quarters and/or more room for storage and/or engine bay area, such expansion shall be made at County expense, and any such improvements at the termination of the lease shall become the property of the Municipality without cost to it. No alterations or expansions shall be made unless approved by the Village Council. 11. The County agrees to operate and maintain the fire station, fire and rescue apparatus and equipment and hydrants , or any replacements thereof in good working condition without cost to the Municipality, and to furnish at its own expense adequate - 5 - insurance, including liability insurance in compliance with existing policies of the Board of County Commissioners. In all events, on and after the effective date of this Agreement, County shall indemnify and save harmless the Municipality from any and all claims or actions of any nature whatsoever arising •qut of or in connection with the operation and maintenance of the fire station, fire and rescue apparatus and equipment and hydrants. 12. The parties agree that the fire protection and emergency rescue services to be provided under this Agreement are intended primarily for use of the Municipality and adjacent areas, and the County hereby agrees that the level of fire protection and emergency medical rescue services to be provided under this Agreement shall be equal to, or will exceed that which is now provided by the Municipality. The rescue unit and the fire apparatus shall not exceed a response territory of three miles, except"in an emergency. In such event, the County shall provide adequate coverage with other units. At no time shall emergency medical equipment from the Miami Shores units or equipment from the Miami Shores units or equipment furnished by the Municipality to North Shore Hospital be removed and re-assigned without replacement of like equipment. The Municipality at its option, may provide additional fire and medical services at no cost to the County. 13 . If the provisions of this Agreement, to be performed by the County are not fully complied with or abided by County the Municipality, may at its option, and in lieu of any other remedies allowable by law, re-establish its Fire Department whereupon the County shall return to the Municipality all of the equipment and items, free and clear, contributed by it (or replacements of the equipment and items so contributed) in the 6 - same condition as received, ordinary wear and tear excepted and wil� return to the Municipality the property particularly described in Paragraph 9. 14 . Within three years from the date of conveyance of a fire station site suitable to both parties, acquired by and at the cost of the Municipality and deeded to the County, the County agrees to construct a fire station at no cost to the Municipality, to serve the Municipality under thi.s Agreement. At the time of conveyance, the fire station site shall be properly zoned by and at the expense of the Municipality for a Fire Station. Miami Shores Village reserves the right to be consulted on and to approve the architecural features of any construction, in the event con- struction is within the municipal limits of the Municipality. In the event the Fire Department is taken back by the Municipality as hereinabove provided, any property deeded to the County together with all improvements thereon shall be re-conveyed to the Municipality provided the Municipality pay to the County the appraised value of the improvements (land excluded) . In the event the County and the Municipality cannot agree upon a value, the value shall be determined as follows: a) The Municipality and the County shall both cause, each at its own expense, a MAI appraisal to be made of the. improvements. b) The appraised value shall be the sum total of the values estimated by both MAI appraisals divided by two so that the value shall be estimated by the compromise of the two 'vlAI appraisals which have been obtained, provided the difference between the two appraisals is not greater than ten percent of the higher appraisal. c) If the difference between the two appraisals is greater than ten percent of the higher appraisal, then the two appraisers shall appoint a third MAI appraiser and the average of the three (3) appraisals shall be final and binding on the parties hereto. - 7 - If the Fire Station is erected within the Municipality limits of Miami Shores Village, the Village agrees to provide trash and garbage collection service without cost to the County. In the event the County should discontinue use of the property as a fire station, then said property shall at the option of the Municipality rever to the Municipality subject to payment for improvements as hereinabove provided and the deed to the County shall so provide. 15. County agrees to pay its prorata share of utility charges with respect to the property leased by Municipality to the County, more particularly described in Paragraph 9. County agrees to provide at no cost to the City, a direct line (P.L. line) from the Miami Shores Police Station to the Dade County alarm office, until such time as other suitable arrangements for citizens reporting is provided. ' 16. The County will not establish a special taxing district for fire services provided to Miami Shores Village or any portion thereof unless such special taxing district is established in accordance with the now existing provisions of Article 1, of Chapter 10 of the Code of Metropolitan Dade County, Florida, or unless the County is directed to do so by a court of competent jurisdiction. 17. This Agreement shall become effective on or before October 1, 1975 , subject to the conditions specified herein; provided however, that upon receipt of a statement of necessary expenses incurred by the Municipality for fire protection services after the effective date of this Agreement, The County shall reimburse the Municipality for the same. 18. Municipality shall have the right to recommend two -medical advisors to the Dade County Fire Medical Advisory Board and the right to recommend from time to time their replacements. 8 - 19 . It is the intention of the parties that a new fire station will be erected within three years from the date of conveyance of a fire. station site suitable to both parties. When so completed, lease on the premises heretofore described in Paragraph 9 , shall terminate. If a new said fire station has not been completed and in operation within said time, but is in the process of construction, then the lease of existing facilities as described in Paragraph 9 , shall continue until said station is in operation, subject to the -provisions of Paragraph 13, of this Agreement. IN WITNESS WHEREOF, the parties -have hereunto caused these presents to be duly executed by their respective officers on the day and year first above written. METROPOLITAN DADE COUNTY, FLORIDA ATTEST: By: County Manager County Clerk MIAMI SHORES VILLAGE ATTEST: By Mayor Village C1 k 9 -