HomeMy WebLinkAboutR26-127 RESOLUTION NO. R26-127
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AN EMERGENCY SERVICES
3 AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
4 BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY
5 BEACH, FLORIDA, FOR A TEN (10) YEAR TERM COMMENCING
6 OCTOBER 1, 2026,AND ENDING SEPTEMBER 30, 2036;PROVIDING AN
7 EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
10 Act of 1969," authorizes local governments to make the most efficient use of their powers by
11 enabling them to cooperate with other localities on a basis of mutual advantage; and
12 WHEREAS, Section 252.40, Florida Statutes, authorizes political subdivisions of the State
13 of Florida to enter into mutual aid agreements for the rendering of assistance in emergencies and
14 provides for the extension of governmental powers, privileges, immunities, and benefits during
15 such assistance; and
16 WHEREAS,the City of Boynton Beach and the City of Delray B' _:. each presently maintain
17 a Fire-Rescue Department with fire rescue equipment, firefighting Jersonnel, emergency medical
18 equipment, emergency medical personnel, and other em, , _y capabilities; and
19 WHEREAS, it is mutually advantageous for the City of Boynton Beach and the City of
20 Delray Beach to enter into an agreement providing for mutual assistance and automatic aid in
21 times of emergency where the need created may be too great for either party to address
22 unassisted, or where a closest unit response is agreeable and in the public interest, or where non-
23 emergency assistance and logistical support may be helpful to the parties; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation
25 of staff, has determined that it is in the best interests of the health, safety, and welfare of the
26 citizens and residents of the City to approve the Agreement with the City of Delray Beach for
27 mutual assistance and automatic aid.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
29 BEACH, FLORIDA, THAT:
30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption.
RESOLUTION NO. R26-127
32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
33 approve the Emergency Services Agreement for Mutual Assistance and Automatic Aid between
34 the City of Boynton Beach and the City of Delray Beach, Florida, providing for mutual assistance
35 and automatic aid between the parties' Fire-Rescue Departments,for a term commencing October
36 1, 2026, and ending September 30, 2036, in form and substance similar to that attached as Exhibit
37 A.
38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
39 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
40 ancillary documents required under the Agreement or necessary to accomplish the purposes of
41 the Agreement, including any term extensions as provided in the Agreement, provided such
42 documents do not modify the financial terms or material terms.
43 SECTION 4. The Mayor-executed Agreement shall be forwarded to Fire Chief Hugh
44 Bruder to obtain execution of the Agreement by the City of Delray Beach. Fire Chief Hugh Bruder
45 shall be responsible for ensuring that the Recorded Agreement is returned to the City, to be
46 provided to the Office of the City Attorney for forwarding to the City Clerk for retention as a public
47 record.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
RESOLUTION^� NO. R26-127
51 PASSED AND ADOPTED this o5 day of GL,.c&4 S T 2026.
N
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor- Rebecca Shelton ..,-
55 55
56 Vice Mayor-Thomas Thurkin COO (2--s. -\-
57
58 Commissioner-Angela Cruz ✓
59
60 Commissioner- Mack McCray ✓
61
62 Commissioner-Aimee Kelley ✓
63
64 VOTE LZ'
65 ATTEST:
66
67 .0..42r4L, QQ(--- ,.>(or‘"S--'
68 Tammy Stanjone Rebecca Shelton
69 City Clerk Mayor
70 %OYNTO, %
71 i-O G�� P�R4t•e\^^7 II APPROVED AS TO FORM:
72 (Corporate Seal) SEAL••_'•,
t 0:73 i • INCORPORATED; , 44 (,
74 1 • 1920 Shawna G. Lamb
75 1�% �''••••••''• City Attorney
t‘,.FLORID.. :
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this o� day of CL'L i �-, 2026
by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation
located in Palm Beach County(hereinafter"Delray Beach"), by and through its City Commission
and the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation located in
Palm Beach County,Florida(hereinafter"Boynton Beach").Each hereinafter individually referred
to as a"party"and collectively as the"parties".
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing
for mutual assistance/automatic aid in times of emergency where the need created may be too great
for either party to deal with unassisted or where a closest unit response is agreeable and in the
public interest; or non-emergency assistance and logistical support may be helpful to the parties;
and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governments to make the most efficient use of their
power by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
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WHEREAS,Section 252.40,Florida Statutes,authorizes political subdivisions of the State
of Florida to enter into mutual aid agreements for the rendering of assistance in emergencies and
provides for the extension of governmental powers, privileges, immunities, and benefits during
such assistance.
NOW,THEREFORE,it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and
conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid or
non-emergency assistance or logistical support will be given when properly requested so long as
rendering the aid and assistance requested will not place the assisting party in undue jeopardy.
Notwithstanding anything herein that may be construed to the contrary,the parties understand and
agree that it is not the intention of the parties to subsidize the normal day-to-day operations or
shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid
provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the
extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs
pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following
information at the time the request is made:
a. The general nature, type and location of the emergency, non-emergency or
logistical support; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications
center. The following officials of the participating parties are authorized to request aid and
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assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or
Incident Commanders.
Section 2. Representative and Contract Monitor: Delray Beach's representative and
contract monitor during the performance of this Agreement shall be the Assistant Chief of
Operations whose telephone number is 561-243-7400. Boynton Beach's representative and
contract monitor during the performance of this Agreement shall be the Fire-Rescue Chief, whose
telephone number is 561-742-6326.
Section 3. Command Authority: In the event of an emergency which requires additional
assistance,the Fire Chief of the jurisdiction in which the incident is located, or in his/her absence,
the Assistant or Deputy Fire Chief or the Incident Commander,will direct the activities at the scene
where the emergency exists,but personnel responding to the call will remain under the command
of their own officers at all times.
Each party shall retain control over its personnel and the rendition of services, standards of
performance,discipline of officers and employees,and other matters incidental to the performance
of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of
response, when the Fire Chiefs have determined that improved response times or other forms of
efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire
Chiefs are also authorized to promulgate necessary administrative regulations and orders to
implement and administer these plans and procedures.
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Command and control of emergency incidents shall be exercised in accordance with the
National Incident Management System (NIMS) and the Incident Command System (ICS), as
applicable.
Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole
judgment, compliance with the request would jeopardize the protection of its own jurisdiction.
However,notwithstanding anything herein to the contrary,either party may refuse to provide non-
emergency assistance or logistical support for any reason or no reason.
Section 5. Employee Functions: No employee of either party to this Agreement shall
perform any function or service, which is not within the employee's scope of duties as defined or
determined by his employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either
party shall, in connection with this Agreement or the performance of services and functions
hereunder, have a right to or claim any pension, workers' compensation, unemployment
compensation, civil service, or other employee rights, privileges, or benefits granted by operation
of law or otherwise except through and against the entity by whom they are employed. No
employee of either party shall be deemed the employee of the other, for any purpose, during the
performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent
or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver
of sovereign immunity under Section 768.28, Florida Statutes.
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Section 8. Liability for Injury: All the privileges and immunities from liability,
exemptions from law, ordinance and rules, and all pensions and relief, disability, workers'
compensation and other benefits which apply to the activity of the officers or employees of either
party 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 functions and duties
extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be
borne by the party employing such personnel, and owning or possessing such equipment.
Section 9. Remuneration: All costs associated with providing mutual
assistance/automatic aid services under this Agreement shall be the responsibility of the agency
rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs
associated with the rendering of mutual assistance/automatic aid services from the other agency.
The parties further agree that the agency rendering aid/assistance may request
reimbursement for any expenditure of goods or services directly from the persons, parties, or
company involved in, causing, or responsible for, the incident at the sole discretion of the agency
rendering aid or assistance. The agency rendering aid/assistance for emergency medical services
that requires transport service may request reimbursement for the transport service from the
patient. The agency rendering service will handle insurance claims and collection in accordance
with their policies and procedures and shall be in accordance with the latest Federal Medicare
guidelines, if applicable.
If the rendering agency invoices the responsible party for the incident for reimbursement
of the goods and services provided, a copy of such invoice may be forwarded to the requesting
agency as a matter of courtesy, provided however that the parties will not be required to provide
copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected
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Health Information ("PHP') or Electronic Protected Health Information ("e-PHP') except as
permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations
promulgated thereunder, and any other applicable laws and regulations, all as may be amended
from time to time.
Section 10. Effective Date and Term: This Agreement shall take effect on October 1,
2026, and shall remain in full force and effect for a period of no less than ten (10)years, expiring
on September 30, 2036, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty(60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at
all.
Section 12. Assignment of Rights:Neither party shall assign,transfer or convey,in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 13. Modification and Amendment: No modification, amendment, or alteration
in the terms or conditions of this Agreement shall be effective unless contained in a written
document executed with the same formality and equality of dignity herewith.
Section 14. Entirety of Agreement: 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.
Section 15. Equal Opportunity: Each party represents and warrants that it will not
discriminate in the performance of services hereunder and that its employees and members of the
general public benefiting from services hereunder will be treated equally and without regard to
race, color, religion, national origin or ancestry, sex, sexual orientation, gender identity or
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expression,marital status,age,disability or any other characteristic or basis protected under federal
or state law.
Section 16. Annual Appropriations: Each party's performance and obligation under this
Agreement is contingent upon an annual budgetary appropriation by its respective governing body
for the purposes hereunder.
Section 17. Remedies: This agreement shall be construed by and governed by the laws
of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held
in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy and each and every remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
Section 18. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement as required by Chapter 119, Florida Statutes. Each party shall
maintain records associated with this Agreement, including, but not limited to, all accounts,
financial and technical records,research or reports, in accordance with Florida law.
Section 19. Joint Preparation: The preparation of this Agreement has been a joint effort
of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
Section 20. Notice of Suits: Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or
action arising out of, or related to, the aid or assistance rendered under this agreement.
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Section 21. Notices: All written notices required under this Agreement shall be sent by
certified mail,return receipt requested, and if sent to Delray Beach shall be mailed to:
Delray Beach Fire Rescue
Fire Chief
501 West Atlantic Avenue
Delray Beach, FL 33444
and if sent to Boynton Beach shall be mailed to:
Boynton Beach Fire Rescue
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
Shawna Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010
Facsimile: (561) 742-6090
Each party may change its address upon notice to the other.
Section 22. Captions: The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 23. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 24. Indemnification: Each party shall be liable for its own actions and negligence
and, to the extent permitted by law, Delray Beach shall indemnify, defend and hold harmless
Boynton Beach against any actions, claims or damages arising out of Delray Beach's negligence
in connection with this Agreement, and Boynton Beach shall indemnify,defend and hold harmless
Delray Beach against any actions, claims, or damages arising out of Boynton Beach's negligence
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in connection with this Agreement. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28,nor shall the
same be construed to constitute agreement by either party to indemnify the other party for such
other party's negligent, willful or intentional acts or omissions.
Section 25. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees)associated with the enforcement of the terms and conditions of this Agreement shall be borne
by the respective parties; provided, however, that this clause pertains only to the parties to this
agreement.
Section 26. Delegation of Duty: Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 27. No Third Party Beneficiary: No provision of this Agreement is intended to,
or shall be construed to, create any third party beneficiary or to provide any rights to any person
or entity not a party to this Agreement, including but not limited to any member of the general
public and/or any employee of either party to this Agreement.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and effect.
Section 29. Survival: Sections 7, 8, 9, 18, 20, 24, and this Section shall survive the
expiration or termination of this Agreement.
[Remainder of page left blank intentionally]
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IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
signed by their duly authorized officers on the day and year first written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
Alexis Givings, City Clerk Thomas F. Carney, Jr., Mayor
Approved as to legal form
and sufficiency:
Lynn Gelin, City Attorney
ATTEST: CITY OF B YNTON BEACH,
FLORIDA
Q/!7 Cl_ By:
Tammy Stan 'one, City GlexlRebecca Shelton, Mayor
Approved as to legal form of BO `�
Y
and sufficiency: ��.••' coRPopTO, 1.1
.
i , NCO�4 ' +li
f/�C1 � % :•
u4)41-4.
Shawna G. Lamb, City Attorney '� ,�•.• 0 •
It ��RIDA
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