R16-113 1 RESOLUTION NO. R16 -113
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN
6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND THE TOWN OF OCEAN RIDGE FOR THE PROVISION OF
8 FIRE SUPPRESSION, EMERGENCY MEDICAL AND FIRE LIFE SAFETY
9 SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
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12 WHEREAS, the Town of Ocean Ridge ( "Town ") desires the City of Boynton Beach ( "City ")
13 to provide fire rescue and emergency medical services to the Town; and
14 WHEREAS, the City has the equipment, personnel and resources to extend its protection
15 service area to provide fire rescue and emergency medical services to the Town; and
16 WHEREAS, the City will maintain the standards of fire and rescue services to the Town
17 consistent with the services currently provided by the City within its municipal limits; and
18 WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue,
19 Delray Beach Fire Rescue and Boca Raton Fire Rescue; and
20 WHEREAS, the City will provide fire and rescue services to the Town in conformance with
21 City Code Ordinances and City fire rescue department protocols; and
22 WHEREAS, the City will provide fire and rescue personnel to ensure that the Town will
23 receive the same standard of fire and rescue services; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of
25 staff deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to
26 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach
27 and the Town of Ocean Ridge for Fire Rescue and Emergency Medical Services.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
30 Section 1. Each Whereas clause set forth above is true and correct and incorporated
31 herein by this reference.
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32 Section 2. The City Commission of the City of Boynton Beach hereby approves and
33 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the
34 Town of Ocean Ridge for Fire Rescue and Emergency Medical Services, a copy of the Interlocal
35 Agreement is attached hereto as Exhibit "A ".
36 Section 3. This Resolution shall become effective immediately upon its adoption.
37 PASSED AND ADOPTED this 2v' day of 3--"/"„ /" , 2016.
38 CITY OF BOYNTON BEACH, FLORIDA
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40 YES NO
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42 Mayor — Steven B. Grant
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44 Vice Mayor — Mack McCray
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46 Commissioner — Justin Katz
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48 Commissioner — Christina L. Romelus
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50 Commissioner — Joe Casello
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53 VOTE
54 ATTEST:
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57 /
58 J. • th A. Pyle, CMC /
59 erim City Clerk
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62 (Corporate Seal)
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INTERLOCAL AGREEMENT BETWEEN THE TOWN OF
OCEAN RIDGE 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 1 day of October, 2016 by and between
the City of Boynton Beach, Palm Beach county, Florida, a municipal corporation,
hereinafter referred to as "City ", and the Town of Ocean Ridge, 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.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) years commencing
October 1, 2016 and ending September 30, 2028. The parties agree that during the term
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of this Agreement that every four years, (in the month of August 2020, and August 2024)
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. SERVICES RENDERED
A. 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.
B. 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. PAYMENT
A. In consideration of the City providing the services set forth in Section 3 of this
Agreement, the Town agrees to pay the City $1,058,852.54 during the first year of
this Agreement, ( "Annual Fee "), payable in two equal, semi - annual installments
on. Or before, January 15, 2017 and April 15, 2017, and on or before January 15th
and April 15th of each succeeding year during the term of this Agreement, as may
be amended from time to time.
B. 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, 2017, 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, 2017 and each year
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thereafter. The adjustments contemplated in this subsection shall be in addition to
the annual adjustment set forth below. The parties agree that the Town shall not be
charged an amount greater than 5% of the annual fee on an annual basis due to
any unfunded mandate. The parties further agree that in no event shall any
increases due to unfunded mandates exceed ten percent in a three year period.
C. In addition to the adjustments to the Annual Fee provided in subsection 4B of this
Agreement, no later than May 1, 2017 and each year thereafter during the term of
this Agreement, the Annual Fee payable by the Town to the City shall be adjusted
effective October 1, 2017 and as of October 1 of each succeeding year of this
Agreement.
The annual adjusted compensation commencing October 1 2017 and for each
succeeding year of this Agreement shall be determined by incorporating the May
All Urban Consumer Price Index CPI for Miami -Fort Lauderdale region as
reported by the Department of Labor - Department of Statistics or an increase of
four percent (4 %), whichever is greater.
D. 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.
E. 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.
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
2080 High Ridge Road
Boynton Beach, FL 33426
Town Manager
Town of Ocean Ridge
6450 N. Ocean Boulevard
Ocean Ridge, FL 33435
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SECTION 6. CODE
A. The Town has adopted and will enforce the Florida Fire Prevention Code and
NFPA 1.
B. The Town designates the City of Boynton Beach Fire Chief as the Town's
"Authority having Jurisdiction" (AHJ) for the purpose of enforcing the Florida
Fire Prevention Code and NFPA 1.
C. 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 City may elect to defend the challenge at its own
expense or terminate this Agreement. If the City elects to terminate, the City will
give ninety (90) day notice to the Town.
D. 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
A. 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.
B. Nothing contained in this Agreement shall be construed to constitute a transfer of
municipal powers. This Agreement is an Interlocal 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.
C. 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
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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.
SECTION 9. TERMINATION
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 written notice to
terminate this Agreement. For example, if either party gives written notice to the
other party to terminate this Agreement any time after October 1, 2017 and prior
to September 30, 2018, this Agreement shall be terminated on September 30,
2019.
SECTION 10. AMENDMENT TO AGREEMENT
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
A. 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.
B. 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.
C. 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.
D. This Agreement represents the entire understanding of the parties, and supersedes
all other negotiations, representations, or agreements, whether written 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
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written instrument executed by the parties hereto.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
TOWN OF O ,EAN RIDGE CITY OF BOYNTON BEAC
M OR MAYOR
ATTRRT
:12
TOWN CLERK
APPROVED AS TO FORM AND
ATTEST
�1VTERIM CITY CLE � "
LEGAL SUFFICIENCY
TOWN ATTORNEY