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Here’s The Scoop…#2..VFD- LBTS 2008 Contract….With Comparisons to VFD-LBTS 2000 Contract…

Full text available upon request from Town Hall…

Dear Readers this is the second part …(#1 is below or in scoops/vfd categories) of the 2008 VFD-LBTS Contract Sept. 25,2008 with some comparisons to the Feb 8, 2000 VFD-LBTS Contract…

As in the first part comparisons are shown …this writer is working with the Public Information Request Contracts provided by the Town…any missing addendum items have been requested.

9/25/08 Agreement…cont…..

Article 7

Standards Of Service

7.1 The Fire Chief, the Deputy Chief, or a Battalion Chief will remain on duty on a 24 hours a day,7 days a week basis during the entire term of this Agreement with NO EXCEPTIONS.

7.2 A command vehicle, transporting the Fire Chief, the Deputy Fire Chief, or a Battalion Chief shall respond within 7 minutes to a minimum of 90% of all 911 calls each month. Response time shall be measured from the time of dispatch to the time the vehicle arrives on the scene.

7.3 The first fire apparatus shall respond within9 minutes to a minimum of 90% all emergency 911 calls in each month. The crew for the first fire apparatus shall include a minimum of 3 personnel, at least 2 of whom shall be Firefighter Certified by the State of Florida.

7.4 It is understood that Town regular members of the VFD, as defined in Sec. 2-136 of the LBTS Coded of Ordinances, must respond to 20% of all emergency calls within 20 minutes.

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

8.0 Standards of Service

8.1 Structure Fires …At 90% of all reported structure fires, no less than 4 certified fire fighters and a fire apparatus equipped with not less than the requirements described in the NFPA Standard 1901 for Automatic Fire Apparatus, 1996 Edition, Chapter 3, “Pumper Fire Apparatus” shall arrive at the street address within 5 minutes of notification of the VFD by its dispatcher.

At 90% of all reported structure fires, not less than 11 fire fighter, including an incident commander, 2 fire apparatus, each equipped with not less than the requirements described in the NFPA Standard 1901 for Automotive Fire Apparatus, 1996 Edition, Chapter 3 “Pumper Fire Apparatus” and a third fire apparatus equipped with not less than the requirements described in NFPA standard 1901 for Automotive Fire Apparatus, 1996 Edition, Chapter 6, Aerial Fire Apparatus shall arrive at the street address within 10 minutes of notification of the VFD by its dispatcher.

8.2 Non-Structure Fires….At 90% of all reported non- structure fires, and other miscellaneous incidents, excluding motor vehicles incidents, not less than 4 certified fire fighters and fire apparatus equipped with not less than the requirements described in NFPA Standard 1901 for Automotive Fire Apparatus, 1996 Edition, Chapter 3 “Pumper Fire Apparatus” shall arrive at the street address within 5 minutes of notification of the VFD.

8.3 Motor Vehicle Incidents…Recognizing that most motor vehicle incidents do not involve fires, fuel spills, or extrication, the VFD shall develop a policy to minimize response to those motor vehicle not involving fires, fuel spills, or extrication.

8.4 Fire Chief Authority at Scene…The Fire Chief and line officers above the rank of Lieutenant shall have police authority as permitted by law at all Fires, crashes, and natural or caused disasters, and shall be in charge of the territory immediately adjacent to place of said event consistent with the terms of the Interlocal Agreement.

BCbythesea…The time response difference must be answered…one reason…if the 2000 does not allow for the annexed in area of the north side of town…

There is no reference in the 2008 contract how many VFD need to respond to a structure fire..VS a non- structure fire…in 2000 structure fire requires not less than 11 fire fighters/non- structure fire 2000 contract requires not less than 4 fire fighters…the 2008 contract requires a minimum of 3 with at least 2 being certified…

2008…cont…

Article 8

Indemnification

8.1 To the extent permitted by law, the VFD shall indemnify, defend, and hold the Town, its officials, agents, servants, and employees, harmless from any and all liability, actions, causes of action, suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or omissions of the VFD, its employees, agents, servants and the VFD shall indemnify the Town, its officials, agents, servants, and employees, might suffer in connection with or as a result of intentional or negligent acts of the VFD, its employees, agents, or servants.

BCbythesea…The Feb 8, 2000 VFD-LBTS contract includes no Indemnification Article…

2008…cont…

Article 9

Insurance

9.1 Prior to the commencement of this Agreement, the VFD shall secure a General Liability Insurance policy with a minimum general aggregate liability coverage amount of 2 million dollars, an Automotive Insurance Policy covering each of the vehicles leased from the Town in the minimum combined single limit amount of 1 million dollars, excess liability “umbrella” coverage in a minimum amount of 4 million dollars per occurrence and 8 million dollars in the aggregate, Employer’s Liability Insurance in the minimum amount of 1 million dollars per accident or disease, and Workers Compensation and providing coverage of all members of the VFD in at least the minimum amount required by statute.

BCbyythesea…Feb 8, 2000…VFD-LBTS contract….for comparison…Worker Comp.

6.2 Workers Compensation and Disability Insurance….The Town will provide for Workers Compensation insurance and disability insurance to cover all members of the VFD as required by Florida law. The Town has the sole discretion to review its coverage and carriers for Workers Compensation and Disability Insurance…

BCbythesea…is it a Florida State law that the Town pay for Workers Comp….if so why are the VFD required in the 2008 to pay for it themselves?….

2008…cont…

9.2 The Town shall be listed as an additional incurred on all insurance policies secured by the VFD.

9.3 Upon request, the VFD shall present the Town with certificates of insurance evidencing all policies remain in full force and effect for the duration of the agreement.

9.4 The VFD shall attempt to improve the Town’s Insurance Service Office (ISO) rating to a 3 or better no later than Oct. 1, 2010.

Article 10

Term

10.1 The initial term of this agreement shall be 5 years, commencing on Oct. 1,200 (the “Term”). The Term may be extended upon the mutual consent of both parties.

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

4.0 Term…This Agreement shall be effective upon execution by the last party to sign, and shall remain in effect for an initial period of 5 years, unless terminated as provided within this Agreement. This Agreement shall automatically renew up to 5 additional year periods, unless either party provides notice of its intent not renew no later than 1 year prior to the end of the current year.

2008….cont….

Article 11

Termination

11.1 Termination for Convenience; Each party may terminate this Agreement at any time without cause and at its sole discretion upon 180 days written notice via certified letter to the other party.

11.2 Termination for Cause; Each party may terminate this Agreement upon the material breach of this Agreement by the other if such breach is not cured within 30 days of written notice via certified letter thereof to the other party.

11.3 Automatic Termination; To the extent permitted by law, termination shall occur automatically should the Town or VFD file or consent to filing of a petition for reorganization and or bankruptcy or become otherwise insolvent.

11,4 Termination Consent; Termination shall be done by Town Commission.

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

11.0 Termination

11.1 Termination by Town Commission for cause….This Agreement may be terminated by the Town Commission at any time for cause. For purposes of this paragraph, cause shall include material breach of this Agreement.

11.2 If the Town Commission determines that the cause for termination constitutes an immediate threat to the health, safety, and welfare of the residents, citizens and visitors of the Town, the Town Commission may terminate this Agreement, without an opportunity to cure, by oral notification to the Fire Chief followed by timely written notification, effective upon the oral notification.

11.3 For any other cause, the Town Commission shall provide no less than 30 days notice to VFD and the VFD shall have an opportunity to cure the breach identified in the notice. In the event the VFD fails to cure the breach to the satisfaction of the Town Commission, this Agreement shall be terminated effective on the date of notice to the VFD.

11.4 Termination by Town Commission for Convenience…Notwithstanding any other provision of this Agreement, the Town Commission may terminate this Agreement for convenience at any time during the initial term or any extension or renewal hereof, provided that it provides the VFD no less than 1 year advance notice of the Town Commission’s intent to terminate for cause. The VFD shall be paid the sum of $10 as adequate and full consideration for the Town Commission’s rights pursuant to this subsection.

11.5 Termination for Lack of Funding…Notwithstanding any other provisions of this Agreement, the Town Commission’s failure to appropriate funds as provided in Article 6.0 shall constitute grounds for termination of this Agreement by the VFD.

11.6 Termination by the VFD… The VFD may terminate this Agreement for cause upon 30 days notice to the Town. The Town shall have the opportunity to cure the breach, and failure to do so will permit the VFD to terminate this Agreement; provided however, that the VFD shall continue to provide services to the Town puruant to this Agreement until such times as the Town is able to secure another provider for fire services.

11.7 Effect of Termination…Upon termination of this agreement, the VFD shall vacate the Fire Station Facility and return possession of all fire vehicles, equipment and apparatus purchased with public funds to the Town. The Fire Station Facility and vehicles, equipment and apparatus shall be in good and workable condition. All funds owed the VFD shall be paid to the VFD upon its vacating of the Fire Station Facility and return of possession of the items listed herein to the Town.

BCbythesea…the 2000 contract termination does say that the the termination will be dated back to the date of notice to the VFD……2008 contract takes much away from the Town Commission…. does not include the return of Town property..and does not include that if the VFD decides to terminate the contract…they are obligated to protect the Town until the Town enlists another provider….

2008-cont…

Article 12

Specific Performance

12.1 Notwithstanding a party’s right to terminate this Agreement as set forth in Article 11 above, if the Town or VFD fails to cure a material breach of this Agreement for a period of 10 days after the receipt of a written, certified letter notice of such default from the other party, the party giving notice of default may, but shall not be required,to seek specific performance of this Agreement. Failure of any party to exercise its rights in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed too have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. Such waiver shall be limited to terms contained within. This article shall be without prejudice to the rights of any party to seek legal remedy for any breach of the other party as may be available in law or equity.

Article 13

Miscellaneous

13.1 Joint Preparation; The preparation of this Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other.

13.2 Merger/Amendment; This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration, or modification in a written document executed with the same formality and of equal dignity herewith by all parties to this Agreement.

13.3 Assignment…The respective obligations of the parties set forth in this Agreement shall not be assigned or transferred in whole or in part, except as expressly agreed to in writing by the Town.

13.4 Records…The Town and the VFD shall maintain their own respective records and documents associated with this agreement in accordance with the requirements for the records retention set forth in Chapter 119, Florida Statutes. The VFD shall make available, at no charge all records of building inspections, financial records, bank statements, payroll records, fire investigation records, and any other information or records created in connection with services provided pursuant to the contractual agreement, or as defined as “public records according to Florida law.

BCbythesea…This writer has been denied a “public records” request made in mid-Sept.

13.5 The VFD shall maintain and provide a monthly report to the Town Manager and the Town Clerk detailing all calls for service and the staff roster responding to those calls within the Service Area.

13.6 It is understood that the VFD shall be responsible for a;ll State and Federal reporting requirements. The VFD shall submit to the Town Manager an annual audit conducted by an independent audit firm selected by the Town.

13.7 Recordation/Filing; The VFD, after approval of this Agreement by the governing body of the Town, and after execution thereof by the duly qualified and authorized officers of each of the parties hereto, shall file this Agreement with the Clerk of Broward County, Florida as required by Florida Statutes.

13.8 Governing Law and Venue…This agreement shall be governed, construe and controlled according to the laws of the State of Florida. Any claim, objection or dispute arising out of terms of this Agreement shall be litigated in the17th Judicial Circuit in and for Broward County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. If either party is required to enforce this Agreement by court proceedings, or otherwise, whether or not formal action is required, each party shall pay its own attorney fees and costs.

13.9 Severability…In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provision shall continue to be effective.

13.10 Notices; Whenever either party desires to give notice to the other, such notice must b in writing and sent by U S mail, return receipt requested, courier, evidenced by delivery receipt or by an overnight express delivery service addressed to the party for whom it is intended at the place specified; and the place for giving notice shall remain such until it shall have been changed by written notice in compliance with provisions of this paragraph. For the present , the parties designate the following as respective places for giving of notice. Notice shall be effective upon delivery.

13.11 Third party Beneficiaries; Neither the Town nor the VFD intend any that any person shall have a cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that is not their intent to create any rights or obligations in any third person or entity under this Agreement.

13.12 Priority of Provisions; If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision contained in Articles 1-13 of this Agreement shall prevail and be given effect.

13.13 Compliance With Laws; The parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement.

13.14 Multiple Originals; This Agreement may be fully executed in 5 copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document.

Signed and witnessed…Town of LBTS….Mayor Roseann Minnet/ LBTS-VFD… President Judson Hopping/Attest; LBTS-Town Clerk June White/ Approved as to form…Town Attorney Dan Abbott/ witnesses…Karen Gates…Marta Isla…Attest Secretary left blank.

What else is missing…from the 2008 version of the agreement…that is in the Feb8,2000 agreement…

5.20 LBTS -VFD Constitution…In addition to the terms and conditions of this agreement, the VFD shall adhere to the terms and obligations set forth within the organization’s Constitution. In the event that the terms of this Agreement are inconsistent with the Constitution, the terms of this Agreement shall prevail. The VFD shall not amend its Constitution in the future in such a manner as to be inconsistent with terms and intent of this Agreement.

7.2 The VFD warrants and represents that its Constitution and/or rules and procedures are consistent with the requirements of applicable Florida law and regulations and the organization and its individual members.

As previously posted this writer is in receipt of the VFD Constitution that appears to be an earlier version than the 2004 Constitution the VFD is working under…will post later…

more to come….

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