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