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76-J RESOLUTION NO. 76-:- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF MUTUAL AID FIRE AGREEMENT WITH CITY OF DELRAY BEACH~ FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, as fo[lows: Section 1: That the City of Boynton Beach, Florida, enter inlo the Mutual Aid Fire Agreement with lhe City of De[ray Beach, Florida, whereby each city agrees to render mutual fire fig~iing assistance to the other under ils stipulations, provisions and conditions sel forth in said Agreement, a copy of which is annexed hereto and hereby made a part hereof by reference. Section 2: That the Mayor ~nd the City Clerk of the City of Boynton Beach, Florida, be and lhey are hereby authorized lo act for the City in entering into and executing the said Agreemenl wilh the City of De[ray Beach F[orida. Section 3: This ResOlution shall lake effect immediaie[y upon. adoption. PASSED AND ADOPTED lhis ~ day of March, A.D., 1975. CITY OF BOYNTON BEACH, FLORIDA mbe r Council 1V~ e~be r ATTEST: City C Jerk MUTUAL AiD FIRE AGREEMENT This Agreement entered into this day of , 197~by and between Boynton Beach, Florida, a Florida ~lunicipal Corporation and Delray Beach, Florida, a Florida Municipal Corporation. WITNESSETH: WHEREAS each City presently maintains a Fire Department with firefighting equipment and firefighting personnel and, WHEREAS it is deemed mutually advantageous to enter into this Agreement providing for mutual aid in times of emergency or disaster relating to fire that may be too great for either City to deal with unassisted; N~; THEREFORE it is hereby agreed by and between the parties hereto that each will render mutual firefightlng assistance to the other under the following stipulations, provisions and conditions: 1.. In the event of structural or other fires within areas serviced by the City of Delray Beach and the City of Boynton Beach, mutual aid and assistance will be given when properly requested by a participating City, so e ' long as r nderlng the aid and assistance requested wi!l not place the assisting City in undue jeopardy. The following officials of the p~rticipating Cities are authorized to request aid and assistance u~nder this Agreement~ Fire Chief Assistant Fire Chief or Executive Officer c. City Manager d. Mayor 2. The Officer requesting mutual aid and assist- ance shall give the following information at the time the request is made b. The general nature and type of eme.rgency; The location of the fire and what is burning; and The life hazard involved and the tlrpe of equipment needed, 3. In the case of structural or other fires in OhS of the cities executing this Agreement, the Fire ~nief of the City ,in which the fire is located and in his absence the City's Assistant Fire Chief or other Officer in charge will in general' direct the activities in the area where the fire exists but personnel on a mutual aid call will remain under the' command of their own Officers at all times. As to the rendition of service, standards of performance, dis- cipline of officers and employees, and other matters incid- ent to the performance of services and control of personnel shall remain with the respective cities for their o~n depart- ments. 4. That no participating City will request aid while operating outside the corporate limits of such munic- ipality; requests for aid shali be directed to the nearest department having available the particular type of apparatus or equipment needed in the given emergency. Each participat- ing city reserves the right to refuse a mutual aid call and request in the event it does not have the required equipment available or if, in its judgment, c~mpliance -~ith the re~uest would jeopardize the protection of its o~ city. No department, Officer, or employee of either party to this Agreement, shall perform any function or ser- vice not within the scope' of the duties of such department, Officer or employee, in performing the same kind of services within their respective jurisdiction. 5. Persons employed by either City shall not in cor~nection with this Agreement or in the performance of ser- wices and functions pursuant hereto claim any right to pen- sion, ~orkmen's compensation, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise except through and against the City by %?nich they are regularly employed. 6. (a) The parties hereto, their respective Officers and employees, shall not be deemed to assume any _2_ liability for the acts, omissions, and negligence of the other party, and each party shall hold the other party harmless from and shall defend the other party and its Officers and employees against any claim for damages result- ing therefrom. (b) All of the privileges and in~munlties from liability, exemptions from laws, ordinances and rules, and all pensions ~nd relief, disability, ~ork~en's compensation and other benefits which apply to the activity of officers or employees of either party ~-hen performing their respect- ive functions within the territorial limits for their res- peck!ye agencies shall apply to the same degree and ex'cent to the performance of such functions and duties extra-ter- ritorially pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel, and for loss or damage of equipment shall be borne by the party employing such per- sor~nel and o%~ing such equ~ ipment, and all parties shall carry sufficient insurance to cover all such ii~bilities. (d) The cost of gasoline and other expendable supplies for continued operation shall be the responsibility of the party to which such equipment and supplies relate. (e) Ail compensation for persoD~el shall be borne by the party employing such personnel. 7. Th~ term of this Agreement is from April 1, 1976, to March 31, 1981 , and shall be effeckiYe upon receipt of written approval of the State of Florida Department of Legal Affairs and filing of a copy of this Agreement with the Clerk of the Circuit Court~o~ ~ ~ Palm Be_a~h County, Florida and State of Florida Department of Community Affairs. 8. Either party to this Agreement may upon giv- ing sixty (60) days written notice to the governing body of the other party terminate this Agreement and after the - 3 - effective date of such notice both parties will be r~lieved of any further obligations under this Agreement. 9. 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 P~ragr~ph 8. IN WITNESS WHEREOF the parties hereto have caused these presents to be signed by their duly authorized Officers on this day of . CITY OF-DELRA¥ BEACH ATTEST: CITY OF BOYNTON BEACH By ~ City Clerk Mayor APPROVED AS TO FORM AND CONTENT C i~ Attorney