Loading...
90-HHHHa .SOLU ION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN MUTUAL AID AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF PROVIDING MUTUAL AID IN TIMES OF EMERGENCY, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission ~f the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby ized and directed to execute that certain Agreement, a of which is attached hereto as Exhibit "1" Section 2. This Resolution shall ately upon passage. take effect PASSED AND ADOPTED'this ~ day of June, 1990. ~TY FLORIDA Commissioner Co~ssioner Commissioner • '�/' : _ - ' 10 . 0 /4# , •J,.,N ...r D:tJ•+.e:1..A.:i. R-, . .. EMERGENCY SERVICES MUTUALA �- . i 1 (r. .. This Agreement is entered into this &-e.4' day of `.:2- Ate , 1990 ., by and between the City of Boynton Beach, Florida and the City of Delray Beach, Florida. WHEREAS, the parties to this Agreement presently .maintain a Fire-Rescue Department with fire rescue equipment , fire fighting personnel, emergency medical equipment , emergency medical personnel, hazardous materials response equipment and trained technical personnel, and other emergency capabilities ; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual aid in times of emergency where the need created may be too great for either party to deal with unassisted, NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and service to the other under the following stipulations, provisions and conditions : 1 . Mutual aid and assistance will be given when properly requested so long as rendering the aid and assistance( requested will not place the assisting party in undue jeopardy. Y 2 . The person requesting mutual aid and assistance' shall give the following information at the time his request is made : a) The general nature, type and location of the emergency. • b) The type of equipment and/or personnel needed. 3 . Only 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 . 4 . In the event of an emergency occurrence which requires additional assistance, the Fire Chief of the jurisdiction in. which the incident is located, or in his absence, the Assistant or Deputy Fire Chiefs or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel on the mutual aid call will remain under the command of their own officers at all times. The rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services and control of personnel shall remain within the respective control of their own departments . 5 . Each participating party reserves the right to refuse a mutual aid call in the event it does not have the required equipment available or if, in its judgment , compliance with the request would jeopardize the protection of its own jurisdiction. 6 . No employee of either party to this Agreement shall perform any function or service which is not within the scope of the duties of that person within his/her own department . 7 Persons employed by either party shall not in connection with this Agreement or in the performance of services and functions pursuant hereto claim any right to pension, workmen' s compensation, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise except through and against the entity by which they are regularly employed. 1 8 . The parties to this Agreement and their respective officers and employees shall not be deemed to assume any \ liability for the act , omissions, and negligence of the other \party. Further, nothing herein shall be construed as a waiver of sovereign immuity, _ pursuant to Florida Statutes, Section 768. 28 . \ _ : ,, '_ „...„ . 6 2012 , ,�'s Office ORE. 6 4- 4 RP .,, 9 . Ail the privileges .andAmmunities from liability, 4 exemptions from law, ordinance and rules and all pensions and f relief, disability, workmen' s 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 pursuant to this agreement . Liability for injury to personnel, and for loss or damage of equipment , shall be borne by the party employing such personnel and owning such equipment . 10 . The cost of gasoline and other normal supplies used for mutual aid purposes shall be the responsibility ' of the party using such supplies, except that certain expendable supplies, such as foam or other specialty products, will be replaced by the agency requesting assistance. 11 . All compensation for personnel shall be borne by tiva employing party. 12 . The term of this Agreement is from May 1, 1990 to April 30 , 1995. . f 13 . Either party to this Agreement may, upon giving '._ sixty (60) days written notice to the governing body of the other t • party, terminate this Agreement and after the effective date of ' such notice both parties will be relieved of any further obligations under this Agreement. 14. This Agreement shall continue in full force and : effect for like terms as that set up in the original term of this contract , subject to the termination provisions of Paragraph 13 . 15 . A copy of this agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. 16. Both parties to this agreement , on an annual basis, shall exchange Capital Improvement Plans indicating projected location and anticipated time frames for construction of future fire stations within their respective jurisdictions . , It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals . IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this ,40-as day of43....%2Z0v45 , 1994, . ATTEST: CITY OF DELRAY0WACH- ..,' ,,,,'D. :.'.t°"•,,"'-‘,"- '' - EA , -,--,-; .•.- l A I AI' _ H Ltd if IA ,,r;I.- ---,, 7 :" '"'!71 ---,•'' „ v',,,'' ': *. 'j: ' . , City Clerk / i'4'14°r:1 ' -' - 42.::::- _,LL .. • ;:,,,,',,M';-7..' "--;;O :1-: Approve,0 i to form and, legal • -,,' , ,,,,„„, - suffic ylry: , , „r!- . , :,-, - ,- ,, m- . .,, ,-,,, ,,,:., ,,„ 0 l ,,. . ' - ity Attorney ATTEST: CITY 0 z:OYNTON BEACH ff City Clerk iv. t •proved as to form and legal . iiency: . , / 111i ' ' , \ •4077FirCity Attorne • ,,,, ,-,„,......,,,,t,:' REMAD MIRED CITY OF DELRAY BEACH '---- • • s ''''':',4,.'4'° `16 i'''. ,.''PALM BEACH COUNTY,RA JOHN S.DONNIE • CLERK CIRCUIT COURT -'"