R24-183 1 RESOLUTION NO. R24-183
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT PROVIDING
5 FIRE RESCUE SERVICES IN THE VILLAGE OF GOLF BY THE CITY OF BOYNTON
6 BEACH.; AND FOR ALL OTHER PURPOSES.
7
8 WHEREAS, the Village of Golf("Village") presently does not maintain a Fire Protection and
9 Fire Rescue Department with firefighting, emergency medical equipment, and personnel, and
10 desires the City to provide fire and rescue services to the Village; and
11 WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department
12 and desires to provide fire and rescue services to the Village; and
13 WHEREAS, the City will maintain or improve the standards of fire and rescue services to
14 the Village as currently provided by the City within its municipal limits; and
15 WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue,
16 Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
17 WHEREAS, the City and Village previously entered into an Interlocal Agreement dated
18 August 4, 2015, for the City to provide Fire Rescue Services to the Village from October 1, 2015
19 through September 30, 2025; and
20 WHEREAS, the City and Village desire to enter into a new cooperative arrangement
21 providing fire and rescue services benefiting public safety and local government commencing
22 October 1, 2024, which will replace and supersede the prior agreement between the parties; and
23 WHEREAS, section 163.01, Florida Statutes, permits public agencies to enter into interlocal
24 agreements with each other to jointly exercise any power, privilege, or authority which such
25 agencies share in common and which each might exercise separately; and
26 WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the
27 express purpose of cooperating in the provision of fire and rescue services without regard to
28 territorial boundaries, which shall benefit mutually and equally the citizens of each party; and
29 WHEREAS, the City will provide fire and rescue services to the Village in conformance with
30 City and Palm Beach County Fire Code Ordinances; and
31
32 WHEREAS, the City will provide fire and rescue equipment and personnel to ensure that
33 the Village will receive the same or improved standards of fire and rescue services; and
34 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
35 best interests of the city's citizens and residents to approve an Interlocal Agreement providing
36 Fire Rescue Services in the Village of Golf by the City of Boynton Beach.
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
39 BEACH, FLORIDA, THAT:
40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
41 being true and correct and are hereby made a specific part of this Resolution upon adoption.
42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
43 approve an Interlocal Agreement providing for Fire Rescue Services in the Village of Golf by the
44 City of Boynton Beach (the "Interlocal Agreement"), in form and substance similar to that attached
45 as "Exhibit A."
46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
47 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to
48 execute any ancillary documents required under the Agreement or necessary to accomplish the
49 purposes of the Agreement and this Resolution.
50 SECTION 4. Upon execution by all parties, the City Clerk is hereby directed to file the
51 fully executed original Amendment with the Clerk of the Circuit Court of Palm Beach County,
52 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements.
53 SECTION 5. The City Clerk shall retain the recorded original of the Interlocal Agreement
54 as a public record of the City. A copy of the recorded Interlocal Agreement shall be provided to
55 Kori Grant and Chief Bruder to provide to the Village.
56 SECTION 6. This Resolution shall take effect in accordance with law.
57 [signatures on the following page]
58
59
60 PASSED AND ADOPTED this )17 day of J uS-3- 2024.
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63 Mayor-Ty Penserga f'r)Se".-F'
64 /
65 Vice Mayor-Aimee Kelley ./
66
67 Commissioner-Angela Cruz
68 ,/
69 Commissioner-Woodrow L. Hay
70
71 Commissioner-Thomas Turkin
72
73 VOTE 9 —C7
74 ATTEST: I ,
75 76 • 0 A).__.
//I
77 Maylee De Je• ,, PA, M , Ty Penserg. 0
78 City Clerk V Mayor
79
80 .t APPROVED AS TO FORM:
pj�O�,g�POR•4/
81 (Corporate Seal) '
82 r .
83 6 SEAL '•=''s A/pa, . d(C/.+�YI�J
84 f S INCORPORATED; . Shawna G. Lamb
85 e'. •.• 1920 / : City Attorney
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FLORID
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CFN 20141004800001
OR BK PG
INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IP1v ' F' Y '
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CITY OF BOYNTON BEACH F1e:i: �_ri1Yr', _rm
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This Agreement, made and entered into thiswe day of 2024 by and between the
City of Boynton Beach, Florida, a municipal corporation, hereinafter ref rred to as "City," and the Village
of Golf, Florida, a municipal corporation, hereinafter referred to as "Village."
WITNESSETH:
WHEREAS, the Village presently does not maintain a Fire Protection and Fire Rescue Department
with firefighting, emergency medical equipment, and personnel, and desires the City to provide fire and
rescue services to the Village; and
WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and
desires to provide fire and rescue services to the Village; and
WHEREAS,the City will maintain or improve the standards of fire and rescue services to the Village
as currently provided by the City within its municipal limits; and
WHEREAS,the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach
Fire Rescue,and Boca Raton Fire Rescue; and
WHEREAS, the City and Village previously entered into an Interlocal Agreement dated August 4,
2015, for the City to provide Fire Rescue Services to the Village from October 1, 2015 through September
30, 2025; and
WHEREAS,the City and Village desire to enter into a new cooperative arrangement providing fire
and rescue services benefiting public safety and local government commencing October 1, 2024, which
will replace and supersede the prior agreement between the parties; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal
agreements with each other to jointly exercise any power, privilege, or authority, which such agencies
share in common and which each might exercise separately; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express
purpose of cooperating in the provision of fire and rescue services without regard to territorial
boundaries, which shall benefit mutually and equally the citizens of each party; and
WHEREAS, the City will provide fire and rescue services to the Village in conformance with City
and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue equipment and personnel to ensure that the
Village will receive the same or improved standards of fire and rescue services; and
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 1
INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN THE VILLAGE OF GOLF BY THE
CITY OF BOYNTON BEACH
This Agreement, made and entered into this.,204day of 4-- 2024 by and between the
City of Boynton Beach, Florida, a municipal corporation, hereinafter ref rred to as "City," and the Village
of Golf, Florida, a municipal corporation, hereinafter referred to as"Village."
WITNESSETH:
WHEREAS, the Village presently does not maintain a Fire Protection and Fire Rescue Department
with firefighting, emergency medical equipment, and personnel, and desires the City to provide fire and
rescue services to the Village; and
WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue Department and
desires to provide fire and rescue services to the Village; and
WHEREAS,the City will maintain or improve the standards of fire and rescue services to the Village
as currently provided by the City within its municipal limits; and
WHEREAS,the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach
Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City and Village previously entered into an Interlocal Agreement dated August 4,
2015, for the City to provide Fire Rescue Services to the Village from October 1, 2015 through September
30, 2025; and
WHEREAS,the City and Village desire to enter into a new cooperative arrangement providing fire
and rescue services benefiting public safety and local government commencing October 1, 2024, which
will replace and supersede the prior agreement between the parties; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal
agreements with each other to jointly exercise any power, privilege, or authority, which such agencies
share in common and which each might exercise separately; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express
purpose of cooperating in the provision of fire and rescue services without regard to territorial
boundaries, which shall benefit mutually and equally the citizens of each party; and
WHEREAS, the City will provide fire and rescue services to the Village in conformance with City
and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue equipment and personnel to ensure that the
Village will receive the same or improved standards of fire and rescue services; and
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 1
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties
hereto, hereby agree as follows:
SECTION 1. PURPOSE
(a) This Agreement constitutes an interlocal agreement authorized by Section 163.01,
Florida Statutes, being a joint exercise of power shared in common, which any City could exercise
separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida.
(b) The purpose of this Agreement is to provide fire protection, fire rescue, and advanced
life support within the municipal limits of the Village by the City Fire Rescue Department. Fire Rescue shall
include advanced life support as that term is defined by section 401.23 Florida Statutes. Fire protection
shall include plan review, fire code enforcement, building inspection, fire suppression, and fire
investigation.
(c) This Agreement supersedes, cancels, and replaces the August 4, 2015, Agreement for
Fire Rescue Services between the parties.
SECTION 2. TERM OF AGREEMENT
This Agreement shall be for ten (10) years commencing October 1, 2024, and ending September
30, 2034, unless sooner terminated as provided herein.This Agreement shall be renewable for additional
predetermined periods upon the written agreement of both parties.
SECTION 3. SERVICES RENDERED/RESPONSIBILITIES OF THE PARTIES
The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire
inspection, fire investigation, and advanced life support services 24 hours per day, 365 days per year,
within the municipal limits of the Village throughout the term of this Agreement.
(a) Fire Prevention Services. The City shall provide the following fire prevention services:
Conduct fire inspections on applicable buildings and structures located within the incorporated
boundaries of the Village in accordance with the Florida Fire Prevention Code and City of Boynton Beach
Local Amendments thereto, as adopted by the Village pursuant to Section 3(f) of this Agreement,
(hereinafter, collectively referred to as the "Fire Code"), all as may be amended from time to time. City
shall provide to the Village annually a list of the names of all businesses or occupancies that have been
inspected by the City during that period.
Provide new construction plans review and new construction inspections. Not less than 90%of
all plans submitted to City shall be reviewed and returned within seven (7) working days after their
receipt. City shall endeavor to complete, on a daily basis, all new construction inspections required by
the Village's permitting process when scheduled by 8:30 AM. City also agrees to work with the Village
to expedite review of individual plans that may be time sensitive.
Conduct fire/arson investigations within the Village in cooperation and consultation with the
Village's Police Department, and the State Fire Marshall's office, where appropriate, to determine
cause and origin and will respond to subpoenas regarding same and provide testimony if needed in
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 2
code enforcement cases or in any other type of legal proceedings, including quasi-judicial or
administrative hearings, relating to the services provided hereunder. Fire Rescue will coordinate with
the Village's Police Department on any subsequent investigations that require law enforcement
assistance.
(b) Emergency Medical Services. Emergency medical services provided by the City pursuant
to this Agreement shall be in accordance with Chapter 13,Article II, Division I of the Palm Beach County
Code, and the rules and regulations promulgated thereunder, all as may be amended from time to time.
The Village shall take any and all action necessary to facilitate the delivery of EMS services by City
hereunder, including but not limited to the transfer or assignment of its Certificate of Public Convenience
and Necessity (COPCN), if any, to City for the provision of ALS and/or BLS services. Should City not be
granted the necessary COPCNs to provide the contemplated services within the Village boundaries at
any time during the term of this Agreement, then the City shall have the right to terminate this
Agreement in whole or in part consistent with the COPCNs or lack thereof, without penalty, damages or
recourse to either party, and any further related obligations under this Agreement shall be considered
null and void.
(c) Control of Services and Dispatch. This Agreement shall not be construed to impose any
obligation,duty, or responsibility whatsoever on the City to provide any specific types, kinds, or numbers
of emergency personnel or apparatus at any fire station of the City or at any emergency scene within the
Village boundaries at any specific time.The City will dispatch and assign the closest,appropriately staffed,
and available vehicle(s)to emergencies within the Village consistent with the level of resources available
to the City and the level of service provided to City residents.
(d) Availability of Resources. The parties hereto further understand and agree that a
possibility exists that the City of Boynton Beach Fire Department may receive simultaneous calls for
separate accidents, fires, and other public safety problems. In the event of a simultaneous occurrence of
emergencies, the judgment of the Fire Chief of the City or the senior Fire Department Officer on duty at
the time as to which should receive first priority response shall be binding upon the parties hereto. If the
City cannot respond to a call for assistance due to multiple calls and/or alarms in progress,all reasonable
efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction
cooperating with the City through various mutual aid agreements in effect at the time.
(e) Authority. The Fire Chief of the City of Boynton Beach shall have full and complete
authority through the normal chain of command over the operation of the City of Boynton Beach Fire
Department personnel, vehicles, and equipment while in the Village of Golf. The City Fire Department
shall have complete authority and control over the use and deployment of any and all apparatus and
equipment acquired by the Village for its use and to support this Agreement during its term.
(f) Adoption of Fire Code. The Parties understand and agree that this Agreement is
contingent upon the Village maintaining an ordinance for the duration of this Agreement that adopts the
Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended, including NFPA I Fire
Prevention Code (current edition) and NFPA Life Safety Code (current edition), in addition to any local
amendments adopted by the City in accordance with section 633.0215, Florida Statutes.
The Village has established and shall maintain its own code enforcement board or special master
to hear Fire Code violations within the Village. However, notwithstanding anything herein that might be
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 3
construed to the contrary, any board, special master, or enforcement system established by the Village
shall defer to the City's Fire Chief for all interpretations of the Fire Code as applied within the Village.
Interpretations of the Fire Code shall remain the function and responsibility of the City's Fire Chief.
(g) Non-Interference with City Services. The Village officials, employees, residents, and
citizens shall not interfere with the direction, management, and deployment of the City Fire Department,
its personnel, or equipment at any time during firefighting or other emergency situations.
(h) Street/ Road Closures. The Village shall report all street and road closures/openings to
the City's Fire Department: (i) a minimum of three (3)days' in advance if planned by the Village, and (ii)
if unplanned, immediately upon Village becoming aware of the street or road closure/opening.
(i) Emergency Preparedness. Village is responsible for all emergency preparedness
planning and program implementation for the Village.The City assumes no responsibility for the Village's
emergency preparedness planning and program implementation.
(j) Hazardous Materials.The City will provide the same level of service to the Village relative
to hazardous materials incidents as it provides to its own residents. The City's hazardous materials
response is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of
1998 as it may be amended from time to time ("County Haz-Mat Ordinance"), which is incorporated
herein and made a part hereof by reference. As set forth in the County Haz-Mat Ordinance, recovery of
all costs associated with a discharge or threatened discharge of hazardous substances will be sought
against the persons responsible for causing or allowing a discharge or threatened discharge.To the extent
that costs are actually incurred by the City in responding to a hazardous material incident within the
corporate limits of the Village and the City (or the County on behalf of the City), using its best efforts, is
unable to recover such costs from the responsible persons or the Federal Government in accordance with
Section 7 of the County Haz-Mat Ordinance, the Village shall reimburse the City for certain expended
supplies and consumables, namely, chemical absorbents, hazardous materials vapor suppressions,
chemical testing agents, and hazardous materials recovery drums and/ or other containers used by the
City Fire Rescue Department
(k) Changes to City Ordinances or Policies Regarding Services.The City shall promptly provide
the Village with copies of all new legislation adopted by the City, including but not limited to ordinances,
resolutions, policies, or procedures that may be enacted by the City, related to the City's provision of the
services, including but not limited to changes to Chapter 2.5, entitled "Alarm Systems," and/ or Chapter
9, entitled "Fire Protection and Prevention," of the City of Boynton Beach Code of Ordinances. All
legislation applicable to this Agreement shall be applied in the same manner to the Village as it is to City's
residents.
(I) Additional Fees; Invoicing. The City may invoice directly for certain fees and services in
accordance with Section 4(e) below.The City shall be responsible for all invoicing and collections of fees.
(m) HIPAA Compliance. Under this Agreement, the City may have access to protected health
information ("PHI")subject to 45 C.F.R. Parts 160, 162, and 164 requirements and related regulations. To
the extent applicable, the City shall comply with the Health Insurance Portability and Accountability Act
of 1996("HIPAA")or the Health Information Technology for Economic and Clinical Health Act ("HITECH").
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 4
The requirement to comply with this provision, HIPAA, and HITECH shall survive this Agreement's
expiration or earlier termination.
SECTION 4. PAYMENT
(a) Base Fee. In consideration of the City providing the services set forth in Section 3, the
Village agrees to pay the City Three Hundred Seven Thousand Five Hundred Eighty-Nine and 96/100
Dollars($307,589.96) during the first year of this Agreement, payable in two equal, annual installments
on January 15 and April 15.
(b) Additional Increases.Commencing October 1, 2025,the City's annual compensation for
fire rescue services to be rendered to the Village shall be adjusted annually. Per the parties' mutual
agreement, such compensation may be adjusted to offset any increased costs of providing the
enumerated services and programs due to unfunded mandates of the Federal, State, or County
government, and to address any unforeseen events or contingencies.The adjustments contemplated in
this subsection shall be in addition to the annual adjustment set forth below.
(c) Annual Base Fee Adjustment. Before July 1, 2025, and annually before July 1 of each
succeeding year of this Agreement, the initial compensation payable by the Village to the City
($307,589.96) shall be adjusted effective October 1, 2025, and as of October 1 of each succeeding year
of this Agreement. The annual adjusted compensation commencing October 1, 2025, and for each
succeeding year of this Agreement shall be determined by incorporating the May All Urban Consumer
Price Index (CPI) in accordance with the Department of Labor - Department of Statistics or an increase
of four percent (4%), whichever is greater.
(d) Method of Payment.Adjusted compensation for fire rescue services shall be paid by the
Village to the City in two equal installments annually on January 15 and April 15 throughout the term of
this Agreement.
(e) Other Revenue. The Parties acknowledge and agree that the City may invoice, collect,
and retain all revenue from the following:
1. All companies or persons directly receiving hazardous materials mitigation services or
benefitting from them, in accordance with the County Haz-Mat Ordinance;
2. Fees for non-emergency services provided within the Village's boundaries, including, but
not limited to,fire inspection fees, plan review fees for new development, redevelopment,and
existing structures, and false alarm fees, in accordance with the City's Code of Ordinances, or
such other fee resolution adopted by the City Commission; and
3. Fees for persons receiving emergency transport services in accordance with the City's
Code of Ordinances or such other fee resolution adopted by the City Commission.
The Village shall take all actions necessary to ensure that the City is lawfully empowered to
invoice and collect the fees described above.
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 5
SECTION 5. NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be mailed by certified mail, return
receipt requested, with a contemporaneous copy via email, to the following addresses, respectively
(payments should be sent via certified mail and need only be sent to the City Manager):
City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33435
Email: duggerd@bbfl.us
Fire Chief
City of Boynton Beach
2080 High Ridge Road
Boynton Beach, FL 33426
Email: bruderh@bbfl.us
Village Manager
Village of Golf
21 Country Road
Village of Golf, FL 33436
Email:
SECTION 6. FIRE PREVENTION CODE/CITY ORDINANCES
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended,
including NFPA 1 Fire Prevention Code and NFPA 101 Life Safety Code, in addition to any local
amendments adopted by the City in accordance with section 633.202,Florida Statutes,shall apply within
the Village's municipal limits.
Chapter 2.5 and amendments hereafter of the City Code of Ordinances, "Alarm Systems," shall be
incorporated herein by reference in this Agreement, and shall be applicable to the City's services
provided within the Village's municipal limits.
SECTION 7. ADMINISTRATION; NO TRANSFER OF POWERS; INDEMNIFICATION
All written rules, regulations, policies, and procedures of the City of Boynton Beach Fire Rescue
Department shall apply to the Village pursuant to this Agreement.
Nothing contained in this Agreement shall be construed to constitute a transfer of municipal
powers in any way whatsoever. This Agreement is solely an interlocal agreement to provide fire rescue
services as authorized by Chapter 163 Florida Statutes.The Village and City Councils(Commissions)shall
each retain total legislative authority with regard to their respective municipalities. All of the privileges
and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief,
disability, worker's compensation, and other benefits that apply to the activity of officers, agents, or
employees of any public agency when performing their respective functions within the territorial limits
for their respective agencies shall apply to the same degree and extent to the performance of such
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 6
functions and duties of such officers,agents,or employees extra-territorially under the provisions of any
such interlocal agreement. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of any state, county, City, or Village officials.
Each party is an entity subject to Section 768.28, Florida Statutes. Each party represents that it is
insured and/or self-insured with coverage limits in accordance with state law. Each party will provide
the other party with written verification of liability protection in accordance with state law upon request
throughout the term. Each party to this Agreement will remain liable for its own negligence and any and
all negligent actions undertaken by its employees and agents in the performance of the obligations
hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign
immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes.
SECTION 8. DISPUTES
If the Village has a dispute with respect to the City's performance hereunder, the Village Manager
shall notify the City Manager in writing, advising of the disputed matter. If the disputed matter is not
resolved to the satisfaction of the Village arid the City, the dispute shall be submitted to an arbitrator
mutually agreed to by the parties. If an agreement is not reached on the appointment, either party may
submit to the American Arbitration Association for an appointment. The decision of the arbitrator shall
be binding.
If any legal action or other proceeding is brought for the enforcement of this Agreement, the
prevailing party will be entitled to recover from the other party reasonable attorneys' fees and costs,
including fees and costs incident to appeals, incurred in that action or proceeding, in addition to any other
relief to which such party may be entitled.
SECTION 9. TERMINATION
Either party may terminate this Agreement, with or without cause, upon a minimum of one (1)
year's written notice to the other party,such termination to be effective at the end of the first complete
fiscal year (September 30) after receipt of written notice to terminate this Agreement. For example, if
either party gives written notice to the other party to terminate this Agreement any time after October
1, 2024, and prior to September 30, 2025,this Agreement shall be terminated on September 30, 2026.
SECTION 10. AMENDMENT TO AGREEMENT
This Agreement may not be amended or modified except in writing, executed by the parties,
and approved by resolution of each party's governing body.
SECTION 11. MISCELLANEOUS PROVISIONS
(a) Each person signing this Agreement on behalf of either party individually warrants that
they have full legal power to execute this Agreement on behalf of the party for whom they are signing,
and to bind and obligate such party with respect to all provisions contained in this Agreement.
(b) The captions and section designations herein are for convenience only and shall have no
substantive meaning.
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 7
(c) If any terms or provisions of this Agreement, or the application thereof to any person or
circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or
the application of such term or provision, to any person or circumstance other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
(d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce or arising out of this Agreement shall be held exclusively in Palm Beach
County, Florida.
(e) This Agreement represents the entire understanding of the parties and supersedes all
other negotiations, representations, or agreements, either written or oral, relating to this Agreement,
including, but not limited to, the August 4, 2015 agreement between the parties. None of the provisions,
terms, and conditions contained herein may be added to, modified, superseded, or otherwise altered
except by a written instrument executed by the parties hereto.
(f) This Agreement and subsequent amendments thereto shall be filed by the City with the
Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida
Statutes.
(g) Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2-421 - 2-440, as may be amended. To the extent permitted by law, the Inspector
General's authority includes but is not limited to the power to review past, present, and proposed County
contracts, transactions, accounts, and records, to require the production of records, and to audit,
investigate,monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists to
ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with
the Inspector General or interfering with or impeding any investigation shall violate Palm Beach County
Code, Section 2-421 - 2-440, and be punished pursuant to Section 125.69, Florida Statutes, in the same
manner as a second-degree misdemeanor.
(h) Except as otherwise provided in this Agreement, City shall not be deemed in default or in
breach of this Agreement to the extent it is unable to perform due to an event of Force Majeure. For the
purpose of this Agreement, Force Majeure shall mean and include any act of God,accident, lockout,strike
or other labor dispute, riot or civil commotion, act of a public enemy, enactment, rule, order, or of
government or governmental instrumentality (whether domestic or international and whether federal,
state or local, or the international equivalent thereof), or any other cause of any nature whatsoever
beyond the control of the City, which was not avoidable in the exercise of reasonable care and foresight.
(i) The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not,solely as a matter of judicial constraint, be construed more severely against
one of the Parties than the other.
(j) This Agreement does not and shall not be construed to make any officer or employee of
City an officer or employee of the Village for any purpose whatsoever, nor any officer or employee of
the Village an officer or employee of City for any purposes whatsoever. Neither Party is authorized to
make or enter into any contract,agreement,or warranty for or on behalf of the other, unless the parties
to this Agreement have entered into a written agreement expressly authorizing such.
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 8
(k) Neither City nor Village intends to directly or substantially benefit a third party by this
Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this
Agreement and that no third party shall be entitled to assert a right or claim against either of them based
upon this Agreement.
(I) Each requirement,duty,and obligation set forth herein was bargained for at arm's-length.
Each requirement, duty, and obligation set forth herein is substantial and important to the formation of
this Agreement, and each is, therefore, a material term. Any Party's failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this Agreement.
(m) This Agreement may be executed in multiple originals and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed an original, but
all of which, taken together, shall constitute one and the same Agreement.
(Signatures on Following Page)
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 9
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written.
City of Boynton Beach, Florida
1
1 1 � �
ATTEST: ,/ /,:` -- By: ` J,\A 'J — �I l I
City Clerk 4 1051, Ty Penserga Mayor /
Date: GI .20 1 .. 0.2,1
Approved as to Form and
Legal Sufficiency:
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By: „A/da J1.
Shawna G. Lamb, City Attorney i v SEAL :•I\/
INCORPORATED: i
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Village of Golf,-'4 ,rid•�i••
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ATTEST: .,l A. /1. ,.a By: I / 114>4--'cam`
Village Clerk I Peter B. Hamilton, Mayor
Date: 611162124
Approved as to Form and
Legal Sufficiency:
By:_ / _i.., ,j.
Claudia McKenna, Village Attorney
ILA-Fire Rescue Services Boynton Beach—Golf(SRW 8.8.24) 10