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RESOLUTION NO. R04- O-/q
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE TOWN OF BRINY BREEZES,
PROVIDING FOR FIRE SUPPRESSION, EMERGENCY
MEDICAL AND FIRE LIFE SAFETY SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Town of Briny Breezes is desirous of entering into a twelve
(12) year cooperative agreement with the City for comprehensive Fire Rescue services
effective October 1, 2004 through September 30, 2016; and
WHEREAS, the Fire Rescue Department has analyzed the operational and
administrative impact of this relationship and is able to effectively handle the current
generated call volume, and will use revenue generated from this Agreement to fund future
additional personnel and other necessary resources to ensure adequate fire rescue
coverage to Briny Breezes as well as complement services offered to the citizens of
Boynton Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the City Manager to execute an Interlocal Agreement
between the City of Boynton Beach and the Town of Briny Breezes, providing for Fire
Suppression, Emergency Medical and Fire Life Safety services, which Agreement is
S:\CALRESOXAgreementsklnterlocalskBBFD Interlocal - Briny Breezes.doc
attached hereto and made a part hereof.
Section 3.. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this t8 day of May, 2004.
ATTEST:
.JClerk
CITY OF BOYNTON BEACH, FLORIDA
~a_~ ~c_/--'~C°mmissi~ ~
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Commissione[_~2 ~-'-~ -'. ~- /'~.~ .... ~
S:\CA~RESOXAgreementsXlnterlocals~BBFD Interlocal - Briny Breezes.doc
oq-o'Tq
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF BRINY BREEZES
AND THE CITY OF BOYNTON BEACH FOR THE PROVISION OF FIRE
RESCUE AND EMERGENCY MEDICAL SERVICES
This Agreement for the provision of fire rescue and emergency medical
services (the "Agreement"), made and entered into this 18 day of
~"~P~I ,2004 by and between the City of Boynton Beach, Palm
Beach County, Florida, a municipal corporation, hereinafter referred to as "City",
and the Town of Briny Breezes, Palm Beach County, Florida, a municipal
corporation, hereinafter referred to as "Town".
WITNESSETH:
WHEREAS, the Town desires the City to provide fire rescue and
emergency medical services to the Town; and
WHEREAS, the City desires to provide fire rescue and emergency
medical services to the Town; and
WHEREAS, the City will maintain the standards of fire and rescue
services to the Town consistent with the services 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 will provide fire and rescue services to the Town in
conformance with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue personnel to ensure that
the Town will receive the same standard of fire and rescue services; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
hereinafter set forth, the parties hereto, hereby agree as follows:
SECTION 1.
PURPOSE
The purpose of this Agreement is to provide fire suppression, protection
and prevention, and Emergency Medical Services, including advanced life
support transport, within the municipal limits of the Town by the City Fire Rescue
Department. Fire protection shall include plan review, fire code enforcement,
building inspection, fire suppression, and fire investigation. The parties
acknowledge that the City assumes no responsibility for emergency
preparedness planning and program implementation for the Town; or site clean
up or product/soil removal resulting from a chemical spill or other form of
hazardous materials incident occurring within the Town.
briny Breezes. IA 04/01/04 1
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) years
commencing October 1, 2004 and ending September 30, 2016. The parties
agree that dudng the term of this Agreement that every four years, (in the month
of August 2008, and August 2012) the parties will, in good faith, review the
Agreement in order to conduct a performance evaluation and to amend, if
appropriate, the Annual Fee payable to the City, as defined herein.
SECTION 3.
A.
SERVICES RENDERED
The City, through its Fire Rescue Department, shall provide fire
protection, fire rescue, fire inspection, fire investigation, and
emergency medical services 24 hours per day, 365 days per year,
within the municipal limits of the Town throughout the term of this
Agreement.
The City will provide the same level of service to the Town 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 ("County Haz-Mat Ordinance"). 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 discharged. To the extent that costs are
actually incurred by the City in responding to a hazardous material
incident within the corporate limits of the Town, 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 Town shall reimburse the City for certain expended
supplies and consumables, namely, chemical absorbents,
disposable personal protective clothing and equipment, hazardous
materials vapor suppressions, chemical testing agents, and
hazardous materials recovery drums and/or other containers used
by the City's Fire Rescue Department.
SECTION 4.
A.
PAYMENT
In consideration of the City providing the services Set forth in
Section 3 of this Agreement, the Town agrees to pay the City
$220,768 during the first year of this Agreement, ("Annual Fee"),
payable in twelve equal monthly installments per year beg,.inning on
or before October 15, 2004, and on or before the 15"' of each
bdny Breezes. IA 04/01/04 2
succeeding month throughout the term of this Agreement, as may
be amended from time to time.
The parties agree to negotiate in good faith an adjustment to the
Annual Fee which may be necessary to offset any increased costs
incurred by the City for providing the services and programs
pursuant to this Agreement, due to unfunded mandates specifically
directed toward the provision of fire rescue services, of the Federal,
State, or County government and to address any unforeseen
events or contingencies. The City shall provide the Town with the
amount of the adjustment resulting from unfunded mandates no
later than May 1, 2005, and each year thereafter during the term of
the Agreement. Any adjustments to the Annual Fee pursuant to
this subsection shall be effective on October 1,2005 and each year
thereafter. The adjustments contemplated in this subsection shall
be in addition to the annual adjustment set forth below.
In addition to the adjustments to the Annual Fee provided in
subsection 4B of this Agreement, no later than May 1, 2005 and
each year thereafter dudng the term of this Agreement, the Annual
Fee payable by the Town to the City shall be adjusted effective
October 1, 2005 and as of October 1 of each succeeding year of
this Agreement. The annual adjusted compensation commencing
October 1, 2005 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.
The City is permitted to invoice residents of the Town for
appropriate emergency medical service and fire inspection fees
under the same terms and conditions as those for residents of the
city.
The City's fee for inspection services, in accordance with Chapter
2.5 and Chapter 9 of the City of Boynton Beach Code of
Ordinances, and plan review of existing and new development or
redevelopment within the Town shall be charged directly to the
owner of the existing and new development or redevelopment in
accordance with the applicable City Ordinance.
briny Breezes. IA 04101/04 3
SECTION 5. NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be mailed by
certified mail, return receipt requested, and/or fax 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 Boynton Beach Boulevard
Boynton Beach, FL 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Town Manager
Town of Briny Breezes
6450 N. Ocean Boulevard
Ocean Ridge, FL 33435
SECTION 6.
CODE
The City Fire Code, which adheres to National Fire Protection
Association (N.F.P.A.) standards, and Chapters 2.5 and 9 of the City's
Code of Ordinances, as amended from time to time and to the extent
permitted by law, shall apply within the Town municipal limits.
Bo
City Code of Ordinance Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5-
13, as may be amended from time to time, entitled "Alarm Systems"
shall be incorporated herein by reference in this Agreement. The
Town acknowledges that the City has the authority to enforce the
provisions of its Code of Ordinances referred to herein against
residents and businesses within the Town in the same manner as
the City enforces its ordinance provisions against City residents
and businesses. Following execution of this Agreement, the Town
shall notify alarm users within the Town of the City's ability to
collect charges, the amount of charges due pursuant to the City's
ordinances, and the City's authority to request payment thereof
pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm
Systems". In the event that a Town resident or business files a suit
or claim against the City challenging the City's authority to collect,
impose, or enforce its Alarm System ordinance provisions within
the Town, the Town agrees to pay the City's reasonable attorney's
fees and costs, including paralegal expenses at both the trial and
appellate levels.
briny Breezes. IA 04/01/04 4
Co
The City shall promptly provide the Town with copies of all new
legislation, including but not limited to ordinances, resolutions,
policies, or procedures which may be enacted by the City that may
affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9
entitled "Fire Protection and Prevention" of the City of Boynton
Beach Code of Ordinances.
SECTION 7.
ADMINISTRATION
All written rules and regulations, policies and procedures of the City
of Boynton Beach Fire Rescue Department shall apply to the Town
pursuant to this Agreement.
Nothing contained in this Agreement shall be construed to
constitute a transfer of municipal powers. This Agreement is an
Intedocal Agreement to provide fire rescue services as authorized
by Chapter 163 Florida Statutes. The Town and City Councils shall
each retain total legislative authority with regard to their respective
municipalities.
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
In the event that the Town has a dispute with respect to the City's
performance hereunder, the Town Manager shall notify the City
Manager in writing, advising of the disputed matter. In the event
that the disputed matter is not resolved to the satisfaction of the
Town and the City, the dispute shall be submitted to an arbitrator
mutually agreed to by the parties. If agreement is not reached on
appointment, either party may submit to the American Arbitration
Association for appointment. The decision of the arbitrator shall be
binding.
briny Breezes. IA 04/01/04 5
SECTION 9. TERMINATION
Ao
Either party may terminate this Agreement 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 wdtten notice to terminate this Agreement. For
example, if either party gives written notice to the other party to
terminate this Agreement anytime after October 1, 2005 and prior
to September 30, 2006, this Agreement shall be terminated on
September 30, 2007. In the event that this agreement is terminated
pdor to September 30, 2014, the City will retain control of all funds
designated for future vehicle replacement, if applicable.
SECTION 10.
AMENDMENT TO AGREEMENT
Ao
This Agreement shall not be amended or modified except in writing
executed by the parties, and approved by resolution of the
governing body of each party.
SECTION 11.
MISCELLANEOUS
This Agreement and any amendments thereto shall be filed and
recorded by the City with the Clerk of Court of Palm Beach County,
Florida, in conformance with Section 163.01(11), Florida Statutes.
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 in Palm Beach County, Florida.
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
be deemed valid and enforceable to the extent permitted by law.
This Agreement represents the entire understanding of the parties,
and supercedes all other negotiations, representations, or
agreements, whether wdtten or oral, related to this Agreement.
None of the provisions, terms and conditions contained herein may
be added to, modified, superseded or otherwise altered, except by
wdtten instrument executed by the parties hereto.
briny Breezes. IA 04/01/04 6
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
TOWN OF BRINY BREEZE
MAYOR
TOWN~bLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
TOWN ATTORNEY
CITY OF BOYNTON BEACH
,,~~IT'~ ATTORNEY
briny Breezes. IA 0~,/01/04 7