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Here’s The Scoop…#1….VFD-LBTS 2008 Contract…With 2000 Contract Comparisons….

Full text copies available through Town Hall…

Dear Readers…

The following is the Sept. 25,2008 VFD-LBTS Contract…with some comparisons to the Feb. 8,2000 VFD-LBTS Contract….some big difference in the lack of content in the 2008 version compared to the 2000 agreement..vague …rather than specific…leaving much room for interpretation…many items were removed….raising some questions for all 3 parties involved…the Town/VFD and Town Attorney.

Did the new Town Attorney have the 2000 agreement prepared by the previous Town Attorney when this version was drawn up? If so …why was it so pared down…excluding of course the obvious and necessary deletions of any references to working with BSO Fire/EMS…

I have also requested any addendum items that might not have been produced with the 2 contracts received thus far…from the Town, and will post at the conclusion of the contract…

The 9/25/08…Agreement…

Whereas, ….

1. the VFD and the Town enter into this agreement tp provide fire protection and fire services by the VFD within the municipal boundaries.

2. the Town desires the maintenance of a high level competent professional fire protection and fire prevention service in conjunction and harmony with its fiscal policies of sound, economical management.

3. ‘the Town and the VFD have determined that it is mutually beneficial and in the best interests of the public to enter into this agreement.

Now Therefore…

inconsideration of the mutual covenants, promises, terms and conditions set forth herein, the VFD and the Town do hereby agree as follows:’

Article 1….

Background; Purpose and Intent…

1.1 the above recitals are true and correct and incorporated herein as set forth in full hereunder

1.2 It is the purpose and intent of this agreement for the VFD and the Town to provide for a means by which each entity may exercise cooperatively its respective powers and privileges in order to further a common goal.

1.3 The VFD and the Town find a method of delivery of fire protection and fire prevention services set forth in this agreement is in the best interests of the public and can best be accomplished through coordination of the provision of such services as set forth herein.

Article 2

General Operating Conditions…

2.1 The VFD shall provide comprehensive fire protection and fire prevention services within the municipal boundaries of the Town. The VFD shall not utilize a third party provider for the provision of services referenced in this agreement unless approved by the Town in its sole and absolute discretion.

2.2 Additional Services in addition to the forgoing comprehensive fire protection and fire prevention services, the VFD shall provide the following specialized services,

2.2.1 The VFD shall respond to emergency calls relating to the accidental spill or leak of hazardous materials. The VFD shall secure any site until technical HAZMAT support arrives on the scene.

2.2.2 The VFD shall provide fire investigation services, including arson investigation assistance.

2.2.3 The VFD shall offer public education programs, designed to reduce the risk of property damage, injury, or loss of life from fire.

2.2.4. The VFD shall provide an annual fire safety inspection for all commercial buildings and offices located within the TOWN service area (the “Inspections”).

BCbythesea…BEACH PATROL SECTION…

2.2.5 The VFD shall provide a beach patrol division, operating on a part time basis to promote safety and fire prevention and provide surveillance of the public beaches of the Town.

2.2.5.1 The VFD shall patrol the beach and water front for emergency situations according to a schedule approved by the Town, during special events, or upon the request of the Town Adminnistration.

2.2.5.2 The VFD beach patrol shall provide emergency first aid service as needed.

2.2.5.3 The VFD beach patrol shall inform the public of dangerous swimming conditions.

2.2.5.4 The VFD beach patrol division shall operate and maintain two (2) all terrain vehicles (ATVs) for the express purpose of providing emergency services upon all beaches within the Service Area.

BCbythesea…’providing emergency services upon all beaches within the Service Area’…no description of what this entails…leaving the door open for broad interpretation…and liability to the Town?…

2.3 Mutual Aid Agreement: It is understood that the Town has entered into a Mutual Aid Agreement with several local governments located in Broward County. VFD shall fulfill all obligations to the Town under the Mutual Aid Agreement, so as to ensure the availability of certain specified services which VFD is not qualified to provide (Hazmat response, Technical Rescue, etc.)

Article 3

Employment Responsibility and Staffing

3.1 All fire protection and fire prevention personnel and other persons employed by the VFD in the performance of such services, functions, and responsibilities as described and contemplated herein for the Town shall be and remain employees of the VFD.

3.2 The VFD shall have at minimum 1 Fire Chief, 1 Deputy Fire Chief, 1 Battalion Chief, 1 Fire Administrator,1 Safety Officer,1 Fire Inspector and 1 Training Officer.

BCbythesea…Who is the present Battalion Chief…Fire Inspector….if there is none…is the VFD in breach of the contract?…

We were told the VFD does not need to have a fire inspector until January…that is not specified in the contract….

2008…cont.

3.3 VFD shall maintain a sufficient roster of certified firefighters to respond to emergency in a timely manner.

3.4 It is understood that all VFD personnel shall maintain all appropriate and necessary certifications at all times during the term of this agreement.

3.5 Qualifications of VFD Membership: all VFD members shall meet the following minimum qualifications;

3.5.1.1 All VFD shall be a minimum of 18 years old, and shall have a high school diploma or the equivalent thereof.

3.5.1.2 All members of the VFD shall undergo a thorough background investigation. No member of the VFD shall have been convicted of a felony, or of a misdemeanor directly related to the volunteer’s position in the VFD, or pled nolo contender to any felony charge within the previous 4 years.

3.5.1.3 All VFD firefighters shall be in good physical condition as certified by a medical doctor.

BCbythesea…The Feb 8,2000 VFD- LBTS contract…for comparison on physical condition of firefighters…

7.5 All new applicants to the VFD shall submit to a complete physical, either at his or her personal physician or a physician of the choice of the VFD prior to acceptance by the organization. In addition, all members shall receive a physical no less than once every 2 years. The VFD shall provide for the costs of these annual physicals within its annual budget submitted to the Town. Any member whose physical examination reveals a medical condition that could adversely affect his or her performance of his or her duties as a firefighter shall be removed from active duty until such time as a medical doctor certifies in writing that the condition has been remedied to the extent that the individual is medically capable of completing the tasks of a firefighter.

BCbythesea…that is quite a difference…….the VFD is claiming they have a year to provide medical exams…..questions should be asked…

2008…cont.

3.5.1.4 Within 2 years of the effective date of this agreement , no less than 50% of the membership of the VD shall be certified firefighters who have completed, or are in the process of completing a state certified basic firefighter training program. By the 3rd anniversary of the agreement, no fewer than 75% of the VFD membership shall have completed the FF state certification program.

3.5.2 Driver/Engineer qualification; All drivers of the fire service vehicles and/or apparatus shall have a valid Florida driver’s license with emergency vehicle endorsement.

BCbythesea…The Feb. 8, 2000 VFD-LBTS contract for comparison Driver/Engineer Qualifications…

7.4 Within 6 months of the effective date of this agreement, all drivers of the Fire Service Vehicles and/or apparatus will have completed the EVOC course and will have a valid Florida driver’s license with emergency vehicle endorsement.

BCbythesea…why take out the 6 month requirement?….

2008…cont.

3.5.2 The VFD shall operate under the Certificate if Public Convenience and Necessity issued by Broward County to the Town.

3.5.4 The VFD must maintain all applicable licenses, certification, or similar regulatory approvals necessary for the Town to maintain the Broward County Certificate of Public Convenience and Necessity and Florida Health and Rehabilitative Service License.

Article 4

Fire Protection Vehicles and Equipment

4.1 Equipment; The VFD shall under a separate agreement, lease from the Town 4 fire protection vehicles which shall include 2 engines ; 1 engine/arial device; 1 command vehicle, as well as all necessary apparatus for the sum of $10 per year. Additional equipment may be leased, under separate lease agreement.

BCbythesea… The Feb.8,2000 VFD-LBTS contract …for comparison….

No equipment article for leasing from the Town…

2008…cont.

4.2 Maintenance; The VFD shall be solely responsible for ensuring that all equipment, vehicles, hoses and fire apparatus are maintained in accordance with the National Fire Protection Assoc. and ISO standards, as well as with applicable the Florida Suppression Schedule (FSRS) criteria.

4.3 Dispatch; Communications equipment shall be compatible with the present and existing communication system operated by Broward County Fire Rescue Division, as may be modified from time to time. The VFD shall work with the Town to acquire an interface with the Broward County Computer Dispatch System (CAD).

BCbythesea…The Feb.8,2000 VFD-LBTS contract…for comparison dispatch and communication…

5.11 The VFD shall be responsible for providing, and maintaining, through its annual budget all necessary dispatch and communications facilities for itself and its members, including without limitation radio and “911” dispatch and beepers for notification of members.The VFD currently uses Broward County dispatch services and shall not cancel such service, or change dispatch service providers, without prior written approval from the Town.

2008….cont.

4.4 Exclusivity; Except for the provision of mutual aid, VFD shall not use Town equipment to provide fire protection and/or fire prevention services outside of the Town without the express permission of the Town Commission.

Article 5

Fire Protection Facility

5.1 Fire Station Facility; The VFD shall establish its base of operations at the facility.

5.2 The Town owns the Facility and shall be responsible for major repairs necessary to keep the facility in proper working order. VFD shall be responsible for the daily maintenance of the facility and shall maintain the Facility in good condition.

Article 6

Town Contribution

6.1 During the Term of this Agreement, the Town will make an annual contribution (the “Town Contribution”) to the VFD in order to offset the cost of providing fire prevention and protection service to the Town. The Town Contribution shall be made to the VFD in equal monthly installments beginning Oct.1,2008 and due by the 15th of each month thereafter. The Town Contribution for the first year of this Agreement shall be $844,000. Town Contribution shall increase 4% each subsequent year for the duration of this Agreement.

BCbythesea…The Feb 8,2000 contract…for comparison in funding the VFD…

6.0 …Obligations Of The Town…

6.1 Funding the VFD; During the term of this Agreement, subject to 6.1.3, the Town shall fund the VFD for the services provided pursuant to this agreement as provided herein. Each year during the term of this Agreement , as part of the Town’s annual budget process, the VFD shall submit to the Town Manager a proposed detailed and itemized budget for personal service, operating expenditures and capital outlay, as those terms are defined in the Florida State Uniform Accounting System, to fund its operations and expenses. The Town Manager, during the term of this Agreement, shall then submit a budget recommendation to provide funds for the VFD.

61.1 The VFD, when submitting its proposed budget provided in section 6.1 shall specifically identify the amount of funding requested for each category, and items therein.

6.1.2 Once funds are appropriated by the Town Commission, the use of funds by the VFD shall be restricted to the specific budget category as provided in this section 6.1, for which they were identified in the budget, and cannot be transferred to other categories without the express approval of the Town Commission. Any sums not expended by the VFD shall be the property of the Town.

6.1.3 The Provisions of this article 6.0 are subject to the annual budget appropriations of the Town Commission, and nothing in this Agreement shall restrict or inhibit the discretion of the Town Commission to appropriate any amount of funds.

2008…cont…

6.2….50% of the revenue collected by the VFD for the performance of the Inspections shall be remitted to the Town. Funds received by the Town shall be designated as a Reserve Fund for Vehicle and Equipment.

6.3 Volunteer Firefighter Pension Fund; Town shall comply with the provisions of sec.2-140 of the Town’s Code of Ordinances pertaining to the VFD Firefighters’ Pension Plan. The Town is responsible for only the unfounded liability portion of the VFD pension plan per Chapter 175 as determined by the State. The VFD Pension Plan is subject to annual audits performed by the Town’s auditors.

BCbythesea…Feb. 8,2000 VFD-LBTS contract….comparison….pension fund…

No mention of the VFD Pension Fund….. only…6.2 Workers Comp and Disability Ins.

more to come….

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