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HomeMy WebLinkAboutBCFR First Responder Program 2013 AGREEMENT This Agreement entered into this I ---1411lay of M A , 2013 by and between the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County has authorized a portion of the revenue received from the County's General Fund for the purpose of funding emergency medical services be utilized to assist Primary First Responders with delivery of emergency medical care; and WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic Aid Agreements; and WHEREAS, the First Responder funding provided to each agency will assist in the improvement and quality of Emergency Medical First Response Service; and WHEREAS, the First Responder Program provides an incentive for Primary First Responder pi Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons { awaiting ambulance transport; and WHEREAS, it has been roven that early y intervention by highly trained first responders greatly improves a patient's chance of survival. WHEREAS, this Agreement shall be considered an Interlocal Agreement pursuant to the authority of Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the sum of$47,442.95, the receipt and sufficiency of which is hereby acknowledged by the City and the County, the parties hereto do hereby enter into 1 this Agreement under the terms and conditions set forth herein. 1 9 SECTION 1. RECITALS: The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part hereof SECTION 2. DEFINITIONS: Primary First Responder- Paid Fire Fighters who have the primary responsibility of providing First Responder Services. Advanced Basic Life Support- The utilization of Certified Emergency Medical Technicians who are trained and equipped with Automatic External Defibrillators and Advanced Airway Devices and can perform all aspects of Basic Life Support care. Advanced Life Support - The utilization of Certified Paramedics who are trained and equipped to perform all aspects of Advanced Life Support care. SECTION 3. TERM: This Agreement shall be effective for Fiscal Year 2012/2013. This Agreement shall be filed with the Brevard County Clerk of Court upon execution. SECTION 4. SERVICES PROVIDED: The City agrees to provide First Response Emergency Medical Services to all persons in need of medical assistance within their area of jurisdiction and in accordance with any Automatic or Mutual Assistance Agreement the City may have with another jurisdiction. Service shall be provided utilizing tj I qualified, certified and equipped Advanced Life Support First Responders. SECTION 5. EMPLOYEE STATUS: Persons employed by a party for the performance of services and functions pursuant to this Agreement shall have no claim on the other party for pension, worker's compensation, unemployment compensation, civil service, or any other employee benefit, right or privilege granted by operation of law, or otherwise, to the officers and employees of the other party to this Agreement. This Agreement does not create any third party beneficiary status for any employee, officer or agent of either party or the public. 2 SECTION 6. COMPENSATION/PAYMENT: The County agrees to provide to the City of Cape Canaveral Volunteer Fire Department, first responder funding in the amount of$47,442.95. Payment for First Responder services will be processed when all contracts have been executed and approved by the Brevard County Board of County Commissioners. SECTION 7. POINT OF CLARIFICATION: For the purposes of this Agreement, a first response unit must be an engine or squad which has { permanently assigned personnel on each shift who provides first response services 24 hours per day, 7 days per week. A unit which utilizes or depends on or "shares" personnel assigned to other units (engines, specialty vehicles, etc.) is not recognized as a first response unit and will not be authorized to receive first responder funding. SECTION 8. TERMINATION OF AGREEMENT: This Agreement may be terminated by the City or the County for any reason upon providing thirty (30) days written notice to the other party. The County has the sole authority to approve of an acceptable level of care which must be provided by the City. If the County determines that the service levels provided by the City have declined below the established acceptable level of care, the County may, at its option, provide the City with notice of the decline and an opportunity to cure, or immediately terminate this Agreement upon written notice. In the event of any termination by the County or City pursuant to this Section, the City agrees to return a pro-rated amount of First Responder funding to the County from the effective date of termination through September 30, 2013. SECTION 9. NOTIFICATION: Notifications should be sent to the following personnel and addresses: David Greene, City Manager Larry Collins, Fire Chief City of Cape Canaveral Brevard County Fire Rescue P 0 Box 326 1040 S. Florida Avenue Cape Canaveral, FL 32920 Rockledge, Florida 32955 3 SECTION 10. ATTORNEY'S FEES AND COSTS: In the event any litigation between the parties arises out of this Agreement, each party shall bear its own attorney's fees and costs. SECTION 11. SEVERABILITY: If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held by a Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Agreement. SECTION 12. LIABILITY: Each party to this Agreement will be responsible for their own negligence and will maintain appropriate insurance as necessary to meet any incurred liability under Section 768.28, F.S. Nothing in this Agreement shall be construed to waive sovereign immunity or alter the limited liability conferred to both parties to this Agreement under Section 768.28, F.S. SECTION 13. LIABILITIES AND RESPONSIBILITIES OF PARTIES: (a) Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party or the other party's officers, employees, or agents. (b) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, Workers' Compensation and other benefits which apply to activity of the officers, employees, or agents of a party when performing their respective functions on behalf of the respective party shall also apply to the same degree and extent to the performance of such functions and duties when accomplished pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel and for loss or damage of equipment shall be assumed by the party employing such personnel and owning such equipment. 4 4 ' (d) Patient pre-hospital emergency medical care for both agencies shall be in accordance with Brevard Regional Emergency Medical Services Standing Orders. SECTION 14. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs, or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. 3 { SECTION 15. ASSIGNABILITY: The City shall not assign any portion of this Agreement without the written permission of the County. SECTION 16. JURISDICTION,VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. SECTION 17. NOT A JOINT VENTURE OR AGENCY: Nothing contained in this Agreement is intended, or shall be construed, to create any joint venture between the parties or constitute either party as the agent or representative of the other party for any purpose whatsoever, nor shall this Agreement be deemed to make the City a "business associate" of 5 County for the purposes of requiring the city to meet administrative requirements under the Health Insurance Portability and Accountability Act of 1996, or regulations promulgated there under. SECTION 18. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing executed by all parties and filed with the Brevard County Clerk of Court. SECTION 19. AUTHORIZATION/EFFECTIVE DATE: Effective date of this Agreement will be October 1, 2012. IN WITNESS WHEREOF,the parties have executed this Agreement the date and year written above. 1 ATTEST: By: Allifflik By Scott Ellis, Cler Andy Anderson, Chairman AS APPROVED BY THE BOARD ON 05- Reviewed for legal form and conte• A - ATTEST: CITY OF CAPE CANAVERAL By i'Af( ■ By: (.0 David Green Manager City of Cape Canaveral 6 ®P4% cBrevarcf County Fire .,,_-AMY a C 1 Timothy J. Mills Fire Rescue Center Phone—(321) 633-2056 %ow° COUNTY 1040 S. Florida Avenue Fax—(321) 633-2057 2057 Rockledge, Florida 32955 { TO: DAVID GREENE, CITY MANAGER CITY OF CAPE CANAVERAL FROM: CARRIE COTTER, SPECIAL PROJE C RDINATOR BREVARD COUNTY FIRE RESCUE SUBJ: FIRST RESPONDER AGREEMENT DATE: MAY 20, 2013 Enclosed for your records, please find one fully-executed copy of the First Responder Agreement between Brevard County and the City of Cape Canaveral. If you have any questions, please feel free to contact me at (321) 633-2056 or by e-mail at carrie.cotterabrevardcounty.us. We look forward to a continued successful association with the City of Cape Canaveral. :cc Enclosure (1)