Loading...
HomeMy WebLinkAboutR26-129 RESOLUTION NO. R26-129 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AN EMERGENCY SERVICES 3 AGREEMENT FOR MUTUAL ASSISTANCE BETWEEN THE CITY OF 4 BOYNTON BEACH AND PALM BEACH COUNTY, FOR A TEN (10) YEAR 5 TERM COMMENCING OCTOBER 1, 2026,AND ENDING SEPTEMBER 30, 6 2036; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into 10 agreements to make the most efficient use of their powers by enabling them to cooperate on a ii basis of mutual advantage and thereby to provide services and facilities in a manner that will best 12 accord with geographic, economic, population, and other factors influencing the needs and 13 development of local communities; and 14 WHEREAS, each of the parties to this Agreement presently maintains a fire-rescue 15 department with fire rescue equipment, firefighting personnel, emergency medical equipment, 16 emergency medical personnel, and other emergency capabilities; and 17 WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing 18 for mutual assistance in times of emergency where the need created may be too great for either 19 party to deal with unassisted, where agreeable and in the public interest; and 20 WHEREAS, the City and County desire to enter into this Agreement as a means to further 21 enhance the fire-rescue services that they currently provide within their respective jurisdictions; 22 and 23 WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation 24 of staff, has determined that it is in the best interests of the health, safety, and welfare of the 25 citizens and residents of the City to approve the Emergency Services Agreement for Mutual 26 Assistance between Palm Beach County and the City commencing on October 1, 2026, through 27 September 30, 2036. 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. R26-129 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve the Emergency Services Agreement for Mutual Assistance between Palm Beach County 34 and the City commencing on October 1, 2026,through September 30, 2036, in form and substance 35 similar to that attached as Exhibit A. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 38 ancillary documents required under the Agreement or necessary to accomplish the purposes of 39 the Agreement, including any term extensions as provided in the Agreement, provided such 40 documents do not modify the financial terms or material terms. 41 SECTION 4. The Mayor-executed Agreement shall be forwarded to Fire Chief Hugh 42 Bruder to obtain execution of the Agreement by the County. Fire Chief Hugh Bruder shall be 43 responsible for ensuring that the Recorded Agreement is returned to the City, to be provided to 44 the Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 45 SECTION 5. This Resolution shall take effect in accordance with the law. 46 [SIGNATURES ON THE FOLLOWING PAGE] 47 RESOLUTION NO. R26-129 48 PASSED AND ADOPTED this a, day of_Cc c� 2026. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 Mayor- Rebecca Shelton ✓ 52 53 Vice Mayor-Thomas Thurking_,'� 54 55 Commissioner-Angela Cruz 56 57 Commissioner- Mack McCray 58 59 Commissioner-Aimee Kelley 60 61 VOTE 4 -o 62 ATTEST: 63 64 .i d �yY) - 65 Tammy Stanz'ne v Rebecca Shelton 66 City Clerk Mayor 67 68 i�, yQORgT..... APPROVED AS To FO:M: •.�� F.•C�9 69 (Corporate Seal) ;, ; � '.ny�c, 7�' / 6 • SEM-4• ,� � MED; 71 �,U 1Nc 192 Shawna G. Lamb 72 # •' City Attorney ,tt FLOR\VP- EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). Each hereinafter may be individually referred to as a "party" and collectively as the "parties". WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into agreements to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage and thereby to provide services and facilities in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and 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 in times of emergency where the need created may be too great for either party to deal with unassisted, , where agreeable and in the public interest; and WHEREAS, the City and County desire to enter into this Agreement as a means to further enhance the fire-rescue services that they currently provide within their respective jurisdictions. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County and the City do hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE Section 1. Request for Assistance: The County and the City agree to provide emergency mutual assistance to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement. The assistance provided for by this Agreement shall extend to areas served by the parties through service agreements or ordinances. Emergency mutual assistance will be given when properly requested 1 unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that it is unable to respond. The party requesting assistance shall provide the following information at the time the request is made: A. The general nature, type and location of the emergency; 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 party's emergency communications center. The following officials of the participating parties are authorized to request assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. 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 or 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 or designee to meet with the other party's Fire Chief or designee and develop mutual assistance plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response. Such mutual assistance plans and procedures, if any, shall be set forth in a Letter(s) of Understanding. The Fire Chiefs are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Remuneration: Unless stated in the Letter(s) of Understanding, all costs associated with providing mutual assistance under this Agreement shall be the responsibility of the party rendering assistance and neither party shall seek reimbursement of costs associated with rendering mutual assistance from the other party. The parties further agree that the party rendering 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 party rendering assistance. If the party rendering assistance for emergency medical services provides transport service, then that transporting party may request reimbursement for the transport service from the patient to the extent permitted by law. The 2 party rendering service will handle billing, insurance claims and collection in accordance with their policies and procedures and any applicable laws and regulations, including the latest Federal Medicare guidelines, if applicable. If the rendering party invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting party as a matter of courtesy, provided however that the parties shall not provide copies of transport fee invoices to the other party or 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"), as amended, and the regulations promulgated thereunder (collectively "HIPAA"), and any other applicable laws and regulations, all as may be amended from time to time. Section 4. Ability to Respond: Each party may refuse to respond to a request for assistance in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. 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 provided hereunder is intended to be mutual in nature. Section 5. Laws and Regulations: Services provided by either party shall be governed by all applicable laws, rules and regulations, as they may be amended from time to time. Notwithstanding anything herein to the contrary, should any of the services contemplated by this Agreement require a COPCN, then the responding party agrees to take all necessary actions to obtain and maintain such. ARTICLE II: GENERAL CONTRACT TERMS Section 1. Preambles: The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator, whose telephone number is (561) 616-7001. The City representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is (561) 742-6331. Section 3. 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 the employee's employer. 3 Section 4. Relationship of Employee: 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, 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. Section 5. 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 6. 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, except as may be otherwise provided for in this Agreement. Section 7. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this Agreement and the City shall indemnify, defend and hold harmless the County against any actions, claims or damages arising out of the City's negligence 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. The provisions of this section shall survive the termination or expiration of this Agreement. Section 8. Effective Date and Term: The term of this Agreement is for ten (10) years and shall commence on October 1, 2026, through September 30, 2036, unless sooner terminated as provided herein. Section 9. Notice of Termination: Either party to this Agreement may, upon ninety (90) 4 days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 10. Capital Improvement Plans: On an annual basis, the City shall provide the County with Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within its jurisdictions and/or service area. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 11. 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 12. 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 13. Entirety of Agreement: This Agreement, and any Letter(s) of Understanding entered into between the Fire Chiefs as authorized in this Agreement, represent the entire understanding of the parties and, except as provided in Section 30 hereunder, supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective assigns and successors in interest. Section 14. Nondiscrimination: The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2025-0748, as may be amended, the City warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. Section 15. 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 16. Remedies: This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located 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 5 equity, 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 17. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least five (5) years. Each party shall maintain, and make available to the other party at no cost upon request and within a reasonable period of time, all records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by a party or at that party's expense will be kept confidential by the receiving party and will not be disclosed to any other party, directly or indirectly, without the disclosing party's prior written consent unless required by applicable law, including Chapter 119, Florida Statutes. All drawings, maps, sketches, programs, database, reports and other data developed, or purchased, under this Agreement for or at a party's expense shall be and remain that party's property and may be reproduced and reused at that party's discretion, unless otherwise required by applicable law, including Chapter 119, Florida Statutes. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. Section 18. Palm Beach County Office of the Inspector General Audit Requirements: 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. The Inspector General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 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 6 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 services 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 services rendered under this Agreement. Section 21. Notices: All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service, telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by messenger, courier services, or national overnight delivery service (provided in each case a receipt is obtained), or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before 5 P.M. on a business day and on the next business day if transmitted after 5 P.M. or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the County at: Palm Beach County Fire Rescue Attn: Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 with a copy to: Palm Beach County Attorney's Office Attn: Fire Rescue Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 Telephone 561-355-2225 (b) If to the City at: City of Boynton Beach Fire Chief 2080 High Ridge Road Boynton Beach, FL 33426 with a copy to: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other party. Section 22. Captions: The captions and section appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. 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. Delegation of Duty: This Agreement is an Interlocal agreement for the provision of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 25. HIPAA Compliance: All parties acknowledge and agree that their respective fire-rescue departments are covered entities under HIPAA, as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA, then the parties shall promptly amend such provision as necessary to comply with HIPAA. Should the parties fail to promptly do so, then either party may terminate this Agreement upon written notice to the other, without any recourse, penalty, or damages of any type against the terminating party arising from such termination. Section 26. Severability: If any term of this Agreement or the application thereof to any person or circumstances is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 27. Survivability: Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this 8 Agreement, shall survive the expiration or earlier termination of this Agreement. Section 28. Conflict Resolution: Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective contract monitors. The contract monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. Section 29. 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 citizen or employees of the County and/or City. Section 30. Renewal of Letters of Understanding: Notwithstanding anything herein to the contrary, any existing duly authorized Letters of Understanding between the parties that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed and continued upon the effectiveness of this Agreement. Said Letters of Understanding shall continue and remain in effect until amended or rescinded as authorized hereunder. Section 31. E-VERIFY - Employment Eligibility: Each party warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended, and that it, and any of its subcontractors performing under this Agreement, has registered with and uses, and shall continue to use, the E-Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If either party has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. Section 32. Force Majeure: Neither party shall 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 strike, lockout, civil commotion, war-like operation, natural disaster, invasion, rebellion, pandemic, military power, sabotage, government regulations or controls over which the affected party has no amendatory powers, inability to obtain any material, utilities, service or financing, through Acts of God or other cause beyond the reasonable control of the affected party. Furthermore, neither party shall have any liability to the other for any delay in performance, failure to perform, damages, or injuries to the extent resulting from an event of Force Majeure. Section 33. Counterparts: This Agreement may be executed in one or more counterparts, all of 9 which shall constitute collectively but one and the same Agreement. The County may execute the Agreement through electronic or manual means. City shall execute by manual means only, unless the County provides otherwise. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 10 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: MICHAEL A. CARUSO PALM BEACH COUNTY, FLORIDA CLERK OF THE CIRCUIT BY ITS BOARD OF COUNTY COMMISSIONERS COURT & COMPTROLLER By: By: Deputy Clerk Sara Baxter, Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Fire-Rescue ATTEST: CITY O BOYNTON BEACH, FLORIDA, BY ITS TY OMMISSION By: i i Z — By: City Clerk/ Rebecca Shelton, Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: AaA 176 By: City Attorney Boyntok9each Fire Chief OF 60YIV 0%'1 i�� .'G0RPOR••2 11 • q 1 S TF � 1 E 7� 19ifvcol • •C7 1111 • 192c TED: . ,� 11