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76-OORESOLUTION NO. 76-00 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENT WITH VARIOUS MUNICIPALITIES OF PALM BEACH COUNTY, FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, as follows: Section_ 1: Thai the City of Boynton Beach, Florida, enter into the Mutual Aid 'Agreement with various municipalities of Palm Beach County, Florida, whereby each city agrees to provide additional fire protection and safety lo their citizens through assistance to one another in the combating and supressing of fires and/or other emergency conditions and siiuations under the terms, conditions and provisions set forth in said Agreement. Section 2: That the Mayor and the City Clerk of the City of Boynton Beach, Florida, be and they are hereby authorized to act for the City in entering into and executing the said Agreement with the various municipalities of l~alm Beach County, Florida. Section 3: This Resolutioa shall take effect immediately upon adoption.:., PASSED AND ADOPTED this ,, .~/P day of July, A.D.. 1976. CITY OF BOYNTON BEACH, FLORIDA By: Council Co~n~Ti~e~nb er . -' ~ , AT TE ST: citz c 1 VI. LEGAL D. Other 2. MUTUAL AID AGREEMENT A MUTUAL AID AGREEMENT BETWEEN VARIOUS MUNICIPALITIES, POLITICAL SUBDIVISIONS, CORPORATIONS, AND THE OTHER SEVERAL FIREFIGHTING ORGANIZATIONS OF PALM BEACH COUNTY: PROVIDING FOR THE SUPPRESSING OF FIRES AND/OR OTHER EMERGENCY CONDITIONS AND SITUATIONS$ PROVIDING FOR MINIMUM REQUIREMENTS FOR PARTIES TO THE AGREEMENT; ESTABLISHING THE POSITION OF FIRE SERVICE COORDINATOR; PROVIDING A PROCEDURE FOR REQUESTING ASSISTANCES PROHIBITING PENALTIES FOR FAILING TO ASSISTs PROVIDING A SAVING CLAUSE FOR LIABILITYs PROVIDING AN EFFECTIVE DATEs SPECIFYING THE NUMBER OF PARTIES WHICH MAY BECOME SIGNATORS TO THIS AGREEMENT, I. SCOPE AND PURPOSE This covenant, entered into in good faith between the various Municipalities, Political subdivisions, Corporations, and the other several firefighting or- ganizations of Palm Beach County, Florida, is a reciprocal agreement for the purpose of providing additional fire protection and safety to the citizens of the aforementioned governmental agencies and firefighting organizations. All parties to this agreement hereby mutually covenant and agree to provide, to the best of their individual abilities, assistance to one another for the purpose of combatting and suppressing fires and/or other emergency conditions and situa- tions for the following: To aid one another in combatting major fires of whatever type or kind which are, or are likely to become, beyond the control of the individual fire departments of the aforementioned municipalities, political subdivisions, corporations, and other fire fighting organizations who are parties to this agreement. me To aid one another in combatting multiple fires which occur simultaneously and in such number that the individual fire departments of the aforementioned municipalities, political subdivisions, corporations, and other firefighting organizations do not have the equipment, personnel or capability to extinguish and suppress. 3. To aid one another at the scenes of disasters of whatever type and d~scription and whether fromman-made or natural causes. The preceeding described assistance shall be rendered to the requesting agency at the discretion of the Chief Fire Officer, his Assistant, or a Ranking Fire Officer of the fire department when such assistance can be rendered without significantly reducing the effectiveness of the assisting agency's fire fighting readiness to combat fires within it's own jurisdiction. II. MINIMUM REQUIREMENTS FOR PARTIES TO THIS AGREEMENT Municipalities, Political Subdivisions, Corporations, and other Firefighting organizations shall be eligible for membership in this agreement when they comply with the following minimum firefighting and communication provisos: The acquiring and permanent quartering within the boundaries of the municipality, political subdivision, Corporation, or other fire fighting organization a 500 GPM Class "A" rated fire department pumper of moder design and construction which shall be suitably maintained and equipped with the necessary fire fighting equip- ment kept in good order; and supplied with sufficient manpower familiar with and trained in the operation of the apparatus to provide an initial response of the equipment to the scene of the emergency. In no case shall less ~han two (2) men, paid or volunteer be available for response. -2- II. MINIMUM REQUIREMENTS FOR PARTIES TO THIS AGREEMENT (CONTINUED) The acquiring of a least one radio transceiver, either base or mobile, which is equipped to operate as both a transmitter and receiver on the County-wide inter-departmental Emergency Radio Frequency which is 154.265 Mhz. Said transceiver shall be licensed and maintained in accordance with the rules and regulations of the Federal Communications Commission, and shall be capable of maintaining two way communications with Civil Defense Headquarters located at 3723 Belevedere Road, WeSt Palm Beach, Florida, for a period of not less than two (2) hours continuous or standby operation. FIRE SERVICE COORDINATOR ESTABLISHED For the purpose of this agreement, there is established the position of Fire Service Coordinator for Palm Beach County. The Fire Service Coordinator shall be appointed by the duly elected President of the Fire Chief's Association of Palm Beach County at the beginning of his term in office. He shall serve without pay for a period of one year and shall be eligible to succeed himself. The President of the Fire Chief's Association shall also appoint an Assistant who shall act as the Fire Service Coordinator in his absence. His duties shall be as outlined elsewhere in this agreement and he shall have no other duties, .authority or responsiblility other than those listed herein. IV. PROCEDURE FOR REQUESTING ASSISTANCE Whenever it becomes apparent to the Chief Fire Officer, his Assistant Fire Chief, Deputy Fire Chief, or other ranking Officer in charge, of any party to this agreement that a fire or other emergency situation covered herein is beyond the capabilities of the resources of his department, he may request aid and assistance from as many of the parties to this agreement within his immediate geographical area as he may deem necessary. The assisting agencies shall respond with as much assistance as they deem possible without reducing their own readiness and effective- ness as described under SECTION I., SCOPE AND PURPOSE of this agreement. In the event that no immediately adjacent department responds; or in the event that a quantity of equipment not sufficient to control the emergency responds, the Chief Fire Officer, the Deputy Chief, the Assistant Chief, or the Ranking Fire Officer in Charge shall immediately contact the Fire Service Coordinator of Palm Beach County, who shall immediately contact sufficient other parties and agencies to this agree- ment to provide assistance capable of controlling the Emergency Situation. Ail parties to this agreement shall be notified annually by the President of the Palm Beach County Fire Chiefs Association in writing of the person who has been appointed as the FIRE SERVICE COORDINATOR and also the name of the person appointed as his Assistant. PENALITY FOR FAILURE TO ACT There shall be no penalty of any kind or type whatsoever assessed aginst any party to this agreement or it's failure to respond to a call for assistance from any other party to this agreement when such failure is within the "Good Faith" intent of this agreement. VI. LIABILITY Parties to this agreement, when requesting assistance from other parties to the agreement, shall not be liable for the salaries, fuel costs, supplies, equipment, apparatus, damage or injuries to any of the aforementioned or injuries to personnel. (Each agency subscribing to this agreement should endeavor to secure insurance to provide protection against such occurrences). EFFECTIVE DATE OF AGREEMENT This agreement shall remain in full force and effect for a period of five (5) years from the effective date hereof, and shall be automatically renewed for successive periods of three (3) years unless it is superseded by a later agreement between all parties to this agreement. Any party to the agreement may withdraw from the -3- VII. EFFECTIVE DATE OF AGREEMENT (CONTINUED) agreement by notifying the Fire Service Coordinator by Registered Mail of their intention to withdraw. The Withdrawing Party shall be relieved of any further liability under this agreement thirty (30) days after the receipt of the RegiStered Notice by the Fire Service Coordinator. VIII. NUMBER OF AGENCIES ~WHO MAY BECOME PARTIES TO THE AGREEMENT This instrument may be executed in any number of counterparts, all of which together shall be considered a single instrument. Ail 'counterparts shall be filed with the Office of the Fire Service Coordinator, Palm Beach County, Florida. Each party to the agreement shall be furnished a list of all other participating agencies to this agreement. IN WITNESS WHEREOF, THE FOLLOWING PARTIES HAVE SET THEIR HANDS AND SEAL THIS DAY OF 19 BY AND FOR (Name of Political Subdivision, City or Organization) BY TITLE BY TITLE BY TITLE (SEAL) BY TITLE BY TITLE