HomeMy WebLinkAboutR26-128 RESOLUTION NO. R26-128
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 BOCA
5 RATON, 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 Boca Raton each presently maintain
17 a Fire-Rescue Department with fire rescue equipment, firefighting personnel, emergency medical
18 equipment, emergency medical personnel, and other emergency capabilities; and
19 WHEREAS, it is mutually advantageous for the City of Boynton Beach and the City of Boca
20 Raton to enter into an agreement providing for mutual assistance and automatic aid in times of
21 emergency where the need created may be too great for either party to address unassisted, or
22 where a closest unit response is agreeable and in the public interest, or where non-emergency
23 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 Boca Raton for mutual
27 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. R26-128
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 Boca Raton, Florida, providing for mutual assistance and
35 automatic aid between the parties' Fire-Rescue Departments, for a term commencing October 1,
36 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 Boca Raton. 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. R26-128
51 PASSED AND ADOPTED this a S day of C�c.`� =� 2026.
t
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor— Rebecca Shelton
55
56 Vice Mayor—Thomas Thurkin .13
57
58 Commissioner—Angela Cruz ✓
59
60 Commissioner— Mack McCray
61
62 Commissioner—Aimee Kelley ✓
63
64 VOTE Lk "C:7
65 ATTEST:
66
67 0_Ail igeIL(4V J
�
68 Tammy Stan one Rebecca Shelton
69 City Clerk Mayor
70
71 APPR VED AS TO FORM:
72 (Corporate Seal)
73 tear b
74 Shawna G. Lamb
75 OYNTp��, City Attorney
O,.•' POR �1
•
SEAL
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EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF BOYNTON BEACH AND THE CITY OF BOCA RATON
THIS AGREEMENT is made and entered into this O5 day of c Lc,_g t..AN-2026 by and
between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation located in Palm
Beach County,Florida(hereinafter"Boynton Beach"),by and through its City Commission and the CITY
OF BOCA RATON, a Florida municipal corporation located in Palm Beach County, Florida(hereinafter
"Boca Raton"). 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
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.
1
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 assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Representative and Contract Monitor: The Boynton Beach representative
and contract monitor during the performance of this Agreement shall be the Fire-Rescue Chief whose
telephone number is 561-742-6326. The Boca Raton representative and contract monitor during the
performance of this Agreement shall be the Assistant Chief of Administration, whose telephone number
is 561-982-4000.
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
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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.
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
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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.
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.
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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 Health Information ("PHI")
or Electronic Protected Health Information ("e-PHI") 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,
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religion, national origin or ancestry, sex, sexual orientation, gender identity or 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.
6
Section 21. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to Boynton Beach shall be mailed to:
Boynton Beach Fire Rescue
Fire Chief
2080 High Ridge Road
Boynton Beach, FL 33426
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
and if sent to the Boca Raton shall be mailed to:
Boca Raton Fire Rescue
Fire Chief
6500 Congress Avenue, Suite 200
Boca Raton, FL 33487
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, Florida.
Section 24. Indemnification: Each party shall be liable for its own actions and negligence
and,to the extent permitted by law,Boynton Beach shall indemnify,defend and hold harmless Boca Raton
against any actions, claims or damages arising out of the Boynton Beach's negligence in connection with
this Agreement, and Boca Raton shall indemnify, defend and hold harmless the Boynton Beach against
any actions,claims,or damages arising out of Boca Raton's negligence in connection with this Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
7
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.
CITY OF BOYNTON BEACH, FLORIDA,
ATTEST: BY ITS CITY COMMISSION
BY: i'ii‘ii.'. I& By:
Tammy Stanzio e, City Cl ebecca Shelton, Mayor
yNT ON eF%,t
0 �eoRa rE. '•qty ti
APPROVED AS TO FORM AND f0 6)
LEGAL SUFFICIENCY 1C.‹.1 05)
's J• �NcO ' 2- ••
By: AAA& Q/' _° •
Shawna G. Lamb, City Attorney
CITY OF BOCA RATON, FLORIDA,
ATTEST: BY ITS CITY COUNCIL
By: By:
City Clerk City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
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