R11-019
Return to: (enclose self-addressed stamped envelope) 11111..1111111111111111
N-.ne: CFN 201100'35678
Address: OR BK 24418 PG 1051
~ I T Y 0 F 8 n 'nIT c It (; [ A C H RECORDED 03/21/2011 13:51:29
CITY CLER~:S CFTiCE Pal. Beach County, Florida
11 MAR 30 M:II: 16 Sharon R. Bock,CLERK & COKPTROLLER
Pgs 1051 - 1059; (9pgs)
1 RESOLUTION Rll- O,q
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
5 TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO
7 PROVIDING FIRE AND RESCUE SERVICES; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City Of Boynton Beach currently has an Interlocal Agreement for
11 Fire and Rescue Services with the Town of Hypoluxo which expires September 30,2011, and;
12 WHEREAS, the Interlocal Agreement, which commences on October 1, 2011,
13 provides for the Town of Hypoluxo to pay the City $331,432.00 during the first year of the
14 Agreement with an adjustment formula of CPI or 4%, whichever is greater, for subsequent
15 years; and
16 WHEREAS, staff has reviewed the Interlocal Agreement, a copy of which is attached
17 hereto and made a part hereof.
18 WHEREAS, the City Commission of the City of Boynton Beach upon
19 recommendation of staff, deems it to be in the best interest of the citizens of the City of
20 Boynton Beach to approve and authorize the Mayor and City Clerk to execute the Interlocal
21 Agreement with the Town of Hypoluxo for the provision of fire and rescue services by the
22 City of Boynton Beach for a period of seven (7) years.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confim1ed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
S\CA\RESO\Agreements\RESO - ILA for Fire Rescue with Hypoluxo.doc
II
I
1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby approve and authorize the Mayor and City Clerk to execute an Interlocal Agreement I
3 between the City of Boynton Beach and the Town of Hypoluxo for fire and rescue services by
4 the City of Boynton Beach for a period of seven (7) years, which Interlocal Agreement is
5 attached hereto and made a part hereof.
6 Section 3 That this Resolution shall become effective immediately upon passage.
sr
7 PASSED AND ADOPTED this L day of February, 2011.
8
9 JF BOYNTON BEACH, F DA
10
11
12
13 -
14
15
16
17
18
19
20
21
22
23
24 ........~
25
26 ATTEST:
27
28 1r}.~
29
30
31
32
33 ,..' "",
':'~~; ~<'~<~~':"'!";'I>:t. ,". .'."
34 (G~~~S~~~~'.
35 .:ir' ,", t~;/ '4~~:
36 '.,,1.
/:~:ii
;' .~:;.; .;
S:\CA\RESO\Agreements\RESO - ILA for Fire Rescue with Hypoluxo.doc
I
Rll-01't
INTERLOCAL AGREEMENT
FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY
BOYNTON BEACH
(',
This Agreement, made and entered into this ~ay of \'l. C^-.Aj~9-.,
2011, by and between the City of Boynton Beach, Palm Beach County, Florida, a
municipal corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm
Beach County, Florida, a municipal corporation, hereinafter referred to as "Town."
WITNESSETH:
WHEREAS, the Town presently does not maintain a Fire Protection and Fire
Rescue Department with fire fighting and emergency medical equipment and personnel,
and desires the City to provide fire and rescue services to the Town; and
WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue
Department and desires to provide fire and rescue services to the Town; and
WHEREAS, the City will maintain or improve the standards of fire and rescue
services to the Town as currently provided by the City within its municipal limits; and
WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire
Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City and Town desire to enter into a cooperative arrangement
providing fire and rescue services benefiting public safety and local government; 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 Town in
conformance with City and Palm Beach County Fire Code of Ordinances; and
WHEREAS, the City will provide additional fire and rescue equipment and
personnel to ensure that the Town will receive the same or improved standards of fire
rescue services that are currently being received by the Town.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set
forth, the parties hereto, hereby agree as follows:
1
SECTION 1. PURPOSE
(a) This Agreement constitutes an interlocal agreement authorized by Section
163.01, Florida Statues, 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 and fire rescue
within the municipal limits of the Town 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, fire inspection and fire investigation.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of seven (7) years commencing
October 1, 2011 and ending September 30, 2018, unless sooner terminated as provided
herein.
SECTION 3. SERVICES RENDERED
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 Town throughout the term of
this Agreement.
(a) This Interlocal 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 Town boundaries at any specific time. The City will
dispatch and assign the closest, appropriately staffed and available vehicle(s) to
emergencies within the Town consistent with the level of resources available to the City
and the level of service provided to City residents.
(b) 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 judgement of the Fire Chief of the City, or the senior Fire
Department Officer on duty at the time, as to which call 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.
(c) 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
2
Boynton Beach Fire Department personnel, vehicles and equipment while in the Town of
Hypoluxo.
(d) 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 Town for
its use and to support this Agreement during its term.
(e) The Town 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 fire fighting or other emergency situations.
(f) The Town shall report all street and road closures/openings to the City
Fire Department immediately.
(g) The City assumes no responsibility for emergency preparedness planning
and program implementation for the Town.
(h) The City will provide the same level of service to the Town as it provides
to City residents with respect to hazardous material response in accordance with the Palm
Beach County Regional Hazardous Materials Response Ordinance of 1998 ("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 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, hazardous materials vapor suppressions,
chemical testing agents, and hazardous materials recovery drums and/or other containers
used by the City Fire Department.
(i) The City is permitted to invoice residents of the Town for appropriate
emergency medical service fees under the same terms and conditions as those for
residents of the City.
SECTION 4. PAYMENT
In consideration of the City providing the services set forth in Section 3, the Town
agrees to pay the City the sum of Three Hundred Thirty-One Thousand Four Hundred
Thirty- Two Dollars and 00/1 00 ($331,432) during the first year of this Agreement,
payable in two equal, semi-annual installments on January 15,2012 and April 15, 2012.
Commencing October 1, 2012, the annual compensation for fire rescue services to
be rendered by the City to the Town shall be adjusted annually. Per mutual agreement of
the parties, such compensation may be adjusted to offset any increased costs of providing
3
the enumerated services and programs due to unfunded mandated of the federal, state, or
County government and to address any other unforseen events or contingencies. The
adjustments contemplated in this subsection shall be in addition the annual adjustment set
forth below.
Before July 1, 2012, and annually before July 1 of each succeeding year of this
Agreement, the initial compensation payable by the Town to the City ($331,432) shall be
adjusted effective October 1, 2012, and as of October 1 of each succeeding year of this
Agreement. The annual adjusted compensation commencing October 1, 2012 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.
Adjusted compensation for fire rescue services shall be paid by the Town to the
City in two equal semi-annual installments on January 15 and April 15 throughout the
term of this Agreement.
The City's fee for inspection and plan reVIew of new development,
redevelopment, and existing structures within the Town shall be charged directly to the
owners of such new development, redevelopment, and existing structures in accordance
with the applicable City ordinance.
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
and Mayor):
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Fire Chief
City of Boynton Beach
2080 High Ridge Road
Boynton Beach, Florida 33426
Mayor
Town of Hypoluxo
7580 South Federal Highway
Hypoluxo, Florida 33462-6034
4
SECTION 6. CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be
amended, including NFP A 1 Fire Prevention Code (2002 edition) and NFP A Life Safety
Code (2006 edition), in addition to any local amendments adopted by the City in
accordance with section 633.0215, Florida Statutes, shall apply within the Town's
municipal limits.
Sections 2.5-8.2.5-9,2.5-11,2.5-12, and 2.5-13 and amendments hereafter of the
City Code of Ordinances, "Alarm Systems," shall be incorporated herein by reference in
this Agreement. The City shall remit false alarm charges to the Town. The Town shall
notify alarm users of the charges due, requesting payment thereof pursuant to Section
2.5-13 of the City Code of Ordinances, "Alarm Systems." That section imposes a fine for
more than three (3) false alarms in any twelve-month period, exclusive of false alarms
caused by acts of God or other natural forces.
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, polices and procedures of the City of Boynton
Beach Fire Rescue Department shall apply to the Town and are hereby incorporated
herein by reference 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 Statues.
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 shall notify the City Manager in writing, advising of disputed
matter. In the event that the disputed matter is not resolved to the satisfaction of the
5
Town or and the City, the Town shall request the City Manager schedule the disputed
matter to be heard at the next scheduled City Commission meeting.
SECTION 9. TERMINATION
Either party may terminate this Agreement by giving no less than 180 days
written notice to the other party that the cancelling party elects to cancel the Agreement
effective the end of the fiscal year. For example, if a decision is made to terminate this
Agreement September 30, 2014, the cancelling party must give notice no later than April
3,2014.
SECTION 10. AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing executed by
the parties, and approved by resolution ofthe governing body of each party.
SECTION 11. MISCELLANEOUS PROVISIONS
(a) Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the
other party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
(b) The captions and section designations herein set forth are for convenience
only and shall have no substantive meaning.
(c) If any terms or provision of this Interlocal Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal 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
Interlocal 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 Interlocal Agreement
shall be held in Palm Beach County, Florida.
(e) This Interlocal Agreement represents the entire understanding of the
parties, and supersedes all other negotiations, representations or agreements, either
written or oral, relating to this Interlocal Agreement. None of the Provisions, terms and
conditions contained herein may be added to, modified, superseded or otherwise altered,
except by written instrument executed by the parties hereto.
6
(t) This Interlocal 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.
~TNESSES: TOWN OF HYPOLYXO, :LORIDA
I " / ,^
~..~ J. W/Aj,.-y.) By: /{~"'fCP-,Q~~ ' (u~'-r
M 1/
~..~. .yo)', .
. ~ Attest: .' #z~_ ;<Ai-.:~h.j~,
Town Clerk '
Approved as to form and
/Cienc~~
Leonard Rubin, Esq.
Assistant Town Attorney
WIlNESSES: ~ ' OF BO~!3~IDA
;:::t ~e. By: ..-'
e~~___ rlCi . ~
,/
S:ca/agmts/fire rescue services/Hypoluxo 2011-2018
7
CITY CLERK'S OFFICE
MEMORANDUM
TO: Amy McDeavitt
Fire Department
FROM: Janet M. Prainito
City Clerk
DATE: February 8, 2011
RE: Rl1-019 Interlocal Agreement for Fire-Rescue Services to the
Town of Hypoluxo by the City of Boynton Beach
Attached for your handling are two (2) original agreements and the resolution
mentioned above. Once the documents have been executed, please return one original
document to the City Clerk's Office for Central File.
Please contact me if there are any questions.
Thank you.
~Yn. p~
Attachments
(2 Agreements & Resoluion)
cc: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011 \Andrew Mack Rll-018.doc
S:ICCIWPIAFTER COMMISSIONIDepartmental Transmittals\2011IAmy McDeavitt R11-019 doc