R02-123RESOLUTION NO. R02- /53
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THREE (3) FIRE RESCUE
MUTUAL AD AGREEMENTS BETWEEN THE CITY
OF BOYNTON BEACH AND CITY OF BOCA RATON,
CITY OF DELRAY BEACH AND PALM BEACH
COUNTY FIRE RESCUE DEPARTMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and
Emergency Medical responses from outside agencies for assistance during call volume
overload and major incidents, as well as routine operations; and
WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with
Boca Raton, Delray Beach and Palm Beach County for several years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute three (3) Mutual Aide
Agreements, which are attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ ~day of August, 2002.
FLORIDA
Commissioner
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT ismade and entered into this ~ ~'- ~~$~
day of 002, by and
between the CITY OF DELRAY BEACH, a Florida mtmicipal corporation, by and through its City
Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted; or where a closest unit response is agreeable and in the public
interest; or non-emergency assistance and logistical support may be helpful to the parties; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic
aid/logistical support will be given when properly requested so long as rendering the aid and assistance
requested will not place the assisting party in undue jeopardy. The party requesting aid and/or
assistance shall provide the following information at the time the request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications center.
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.
Section 2. Representative and Contract Monitor: The City of Delray Beach's
representative and contract monitor during the performance of this Agreement shall be the Assistant
Chief of Operations, whose telephone number is 561-243-7400. The City of Boynton Beach's
representative and contract monitor during the performance of this Agreement shall be the Deputy Chief
of Administration, whose telephone number is 561-742-6332.
Section 3. Command Authority: In the event of an emergency 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 Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their own
officers at all times. Each party shall retain control over its personnel and the rendition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency within
their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized
to promulgate necessary administrative regulations and orders to implement and administer these plans
and procedures.
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Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole judgment,
compliance with the request would jeopardize the protection of its own jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall
perform any function or service which is not within the employee's scope of duties as defined or
determined by his employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party
shall, in connection with this Agreement or the performance of services and functions hereunder, have a
right to or claim any pension, workers' compensation, unemployment compensation, civil service, or
other employee rights, privileges, or benefits granted by operation of law or otherwise except through
and against the entity by whom they are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section T. No AssumptionofLiability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of
sovereign immunity.
Section 8. Liability forlnjury: All the privileges and immunities fi.om liability,
exemptions fi'om law, ordinance and rules, and all pensions and relief, disability, workers' 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.
Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party
employing such personnel, and owning or possessing such equipment.
Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual
assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that
certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or
other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the
agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance
may request reimbursement for any expenditure of goods or services directly from the persons, parties,
or company involved in, causing, or responsible for, the incident. All compensation for personnel shall
be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by
the party owning or possessing the equipment.
Section 10. Effective Date and Term: This Agreement shall take effect on October 1,
2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on
September 30, 2009, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time
frames for construction of future fire stations within their respective jurisdictions and/or service areas. It
is understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in
the terms or conditions of this Agreement shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of
the parties and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement.
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Section l6. Equal Opportunity: Each party represents that it will not practice
discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual
orientation, color, religion, disability, age, marital status, national origin or ancestry.
Section 17. Annual Appropriations: Each party's performance and obligation under
this Agreement is contingent upon an annual budgetary appropriation by its respective governing body
for the purposes hereunder.
Section 18. Remedies:
the State of Florida.
This agreement shall be construed by and governed by the laws of
Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County.
Section 19. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. Each ~arty Shall~aintain
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or action
arising out of, or related to, the aid or assistance rendered under this agreement.
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Section 22. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the City of Delray Beach shall be mailed to:
Delray Beach Fire Rescue
Fire Chief
501 West Atlantic Avenue
Delray Beach, FL 33444
and if sent to the City of Boynton Beach shall be mailed to:
Boynton Beach Fire Rescue
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Each party may change its address upon notice to the other.
Section23. Captions: The captions and section
designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 25..Indemnffieation~i:~ ;~..~Eaeh party Shall be liable fOr its own aelaons and
Beach's negligence in connecti°n;~With.~ ent,. and theCityOfBoynton Beach Shall ind~fy,
defend and hold.harmless the CitY 0f DelraY~BeaChI a~fiom, ct~,:°r damages ~ing out
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fees) assoeiated ~th me enforcement 0f ~e!erms and ~ndi~0ns °f ~s A~eement s~~be borne bY
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
signed by their duly authorized officers on the day and year first written above.
ATTEST:
Barbara Garito, City Clerk
By~~
City Clerk
CITY OF DELRAY BEACH, FLORIDA,
BY ITS CITY COMMISSION
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~,City Attorney q O~/O'~/OZ-
ATTEST:
By:
CITY OF BOYNTON BEACH, FLORIDA,
BY ITS CITY COUNCIL
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City A/tomey
[ITY OF IDELRI:IV 9ER[H
DELRAY BEACH
AII-AmedcaCity
1993
2001
CITY' CLERK
September 6, 2002
Janet Prainito, City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33436
561
Re: Emergency Services Agreement
Dear Ms. Prainito:
For your records, please find attached one (1) fully executed copy of the
Emergency Services Agreement for Mutual Aid and Assistance for the City of
Boynton Beach. An original agreement has been sent to Palm Beach County for
recording. Please let us know if we can be of additional assistance to you. I can
be reached at (561)243-7059.
Sincerely,
Chevelle D. Nubin
Executive AssistantJAgenda Coordinator
Attachment
To: Terrill Pybum, Assistant City Attorney
CC: Janet Prainito, City Clerk of Boynton Beach
File
From: Chevelle Nubin, Agenda Coordinator ~,~
Date: 9/5~2002
Re: Emergency Services Agreement
Please find one (1) fully executed copy of the Boynton Beach Emergency Service
Agreement; An original agreement has been sent to Palm Beach County for
recording and a recorded copy will be sent to you and Janet Prainito when we
receive it, Please call me at 243-7059 if you have any questions.
Thanks
CN/cn
Attachment
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
· ~ BETWEEN
~!~i'~ l i: ~E CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this ~ ~
and between the CITY OF BOCA RATON, a Florida municipal corporation, by and through its City
Council and the CITY OF BOYNTON BEACH, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted or where a closest unit response is agreeable and in the public
interest; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969," authorizes local governments to make the most efficient use of their power by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will
be given when properly requested so long as rendering the aid and assistance requested will not
place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide~
the following information at the time the request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications
center. ' 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.
Section 2. Representative and Contract Monitor: The City of Boca Raton's
representative and contract monitor during the performance of this Agreement shall be the Deputy
Chief of Administration, whose telephone number is 561-367-6708. The City of Boynton Beach's
representative and contract monitor during the performance of this Agreement shall be the Deputy
Chief of Administration, whose telephone number is 561-742-6332.
Section 3. Command Authority: In the event of an emergency 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 Chief or the Incident Commander, will direct the activities at the scene
where the emergency exists, but personnel responding to the call will remain under the command of
their own officers at all times. Each party shall retain control over its personnel and the rendition of
services, standards of performance, discipline of officers and employees, and other matters
incidental to the performance of services.
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Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop,
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency
within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also
authorized to promulgate necessary administrative regulations and orders to implement and
administer these plans and procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the required equipment available or if, in its sole
judgment, compliance with the request would jeOpardize the protection of its own jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall
perform any function or service which is not within the employee's scope of duties as defined or
detenuined by his employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either
party shall, in connection with this Agreement or the performance of services and functions
hereunder, have a right to or claim any pension, workers' compensation, unemployment
compensation, civil service, or other employee rights, privileges, or benefits granted by operation of
law or otherwise except through and against the entity by whom they are employed. No employee of
either party shall be deemed the employee of the other, for any purpose, during the performance of
services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees, shall be deemed to have assumed any liability for the negligent or
Further, nothing herein shall be construed as a waiver of
wrongful acts or on'fissions of the other.
sovereign immunity.
Section 8. Liability for lnjury: All the privileges and immunities from liability,
exemptions from law, ordinance and rules, and all pensions and relief, disability, workers'
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. Liability for injury to personnel, and for loss or damage of equipment, shall be
borne by the party employing such personnel, and owning or possessing such equipment.
Section 9. Remuneration: The cost of gasoline and other normal supplies used for
mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies,
except that certain expendable supplies including, but not limited to, foam, hazmat suits,
containment barrels, or other specialty products will be replaced by the agency requesting assistance,
at the sole discretion of the agency rendering aid or assistance. The parties further agree that the
agency rendering aid/assistance may request reimbursement for any expenditure of goods or services
directly from the persons, parties, or company involved in, causing, or responsible for, the incident.
All compensation for personnel shall be borne by the employing party. All cost of maintenance and
upkeep of equipment shall be borne by the party owning or possessing the equipment.
Section 10. Effective Date and Term: This Agreement shall take effect on October 1,
2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring
on September 30, 2009, hnless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60).
days prior written notice to the other, temfinate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans:
annual basis, shall exchange Capital Improvement Plans
Both parties to this Agreement, on an
indicating projected location(s) and
anticipated time frames for construction of future fire stations within their respective jurisdictions
and/or service areas. It is understood that these plans may be modified subsequent to submission
and said plans are subject to subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification andAmendment: No modification, amendment, or
alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding
of the parties and supersedes all other negotiations, representations, or agreements, either written or
oral, relating to this Agreement.
Section 16. Equal Opportunity: Each party represents and warrants that it will not
discriminate in the performance of services hereunder and that its employees and members of the
general public benefiting from services hereunder will be treated equally and without regard to race,
sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry.
Section 17. Annual Appropriations: Each parties' performance and obligation under
this Agreement is conting, ent upon an annual budgetary appropriation by its respective governing
body for the purposes hereunder.
Section 18. Remedies: This agreement shall be construed by and governed by the laws
of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in
Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
Section 19. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. Each party shall maintain
records associated with this Agreement, including, but not limited to, all accounts, financial and
technical records, research or reports, in accordance with Florida law.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort
of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or
action arising out of, or related to, the aid or assistance rendered under this agreement.
Section 22. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to:
Boca Raton Fire-Rescue Statices Department
Fire Chief '
2333 West Glades Road
Boca Raton, FL 33431
and if sent to the City of Boynton Beach shall be mailed to:
City of Boynton Beach
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Each party may change its address upon notice to the other.
Section 23. Captions: The captions and section designations herein set forth are for
convemence only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 25. Indemnification: Each party shall be liable for its own actions and
negligence and, to the extent permitted by law, the City of Boca Raton shall indemnify, defend and
hold harmless the City of Boynton Beach against any actions, claims or damages arising out of the
City of Boca Raton's negligence in connection with this Agreement, and the City of Boynton Beach
shall indemnify, defend and hold harmless the City of Boca Raton against any actions, claims, or
damages arising out of the City of Boynton Beach's negligence in connection with this Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement
by either party to indemnify the other party for such other party's negligent, willful or intentional
acts or omissions.
Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the tm'ms and conditions of this Agreement shall be borne
by the respective parties; provided, however, that this clause pertains only to the parties to this
agreement.
Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provisiOn hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
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IN WITNESS WHEREOF, the undersigned parties have caused these presents to be.
signed by their duly authorized officers on the day and year first written above.
ATTEST:
THE CITY OF BOCA RATON,
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By :l[~~m~e y~
CITY OF BOYNTON BEACH,
Mayor
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RESOLUTION NO. 3.30-2002
A RESOLUTION OF THE CITY OF BOCA 'RATON
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID WITH
THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF
PROVIDING AND RECEIVING EMERGENCY FIRE
RESCUE SERVICES ASSISTANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Boca Raton desires to enter into an Emergency Services
~,greement for mutual assistance and automatic aid with the City of Boynton Beach for the
purpose of providing and receiving emergency fire rescue services assistance; and
WHEREAS, such an agreement has been prepared and a copy thereof is attached
hereto; now therefore
RATON:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA
Section 1. That the Mayor and City Clerk be authorized to execute the Emergency
Services Agreement for Mutual Assistance and Automatic Aid with the City of Boynton Beach, a
copy of which is attached hereto.
Section 2. If any section, subsection, clause or provision of this resolution is held
invalid, the remainder shall not be affected by such invalidity.
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Section 3. All resolutions or parts of resolutions in conflict herewith shall be and
hereby are repealed.
Section 4. This resolution shall take effect 10 days after adopti~3n.
PASSED AND ADOPTED by the City Council of the City of Boca Raton this
,
CITY Of BOCA RATON, FLORIDA
ATTEST:
~har'ma CarannEnte, City Clerk
· ~ ' '~ ........... COUNCIL~VOTE
MAYOR STEVEN L. ABRAMS
DEPUTY MAYOR SUSAN HAYNIE
,,COUNCIL MEMBER DAVE FREUDENBERG
COUNCIL MEMBER BILL HAGER
COUNCIL MEMBER CAROL G. HANSON
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R2002 so,0m i1
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this /-~
day of ~_~ 7/'', 2002, by
and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF
BOYNTON BEACH, a Florida
(hereilatft.er ~e
WHEREAS, each of the parties
Department with fire rescue equipment,
municipal corporation located in Palm Beach County, Florida
to this Agreement presently maintains a Fire-Rescue
fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted or where a closest unit response is agreeable and in the public
interest; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969," authorizes local governments to make the most efficient use of their power by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide services
and facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local conununities.
NOW, THEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will
be given when properly requested so long as rendering the aid and assistance requested will not place
the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the
following information at the time the request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications
center. The following CiffiCials o'f 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.
Section 2. Representative and Contract Monitor: The County representative and
contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations,
whose telephone number is 561-616-7008. The City representative and contract monitor during the
performance of this Agr,eement shall be the Deputy Chief of Administration, whose telephone number
is 561-742-6332.
Section 3. Command Authority: In the event of an emergency 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 Chief or the Incident Commander, will direct the activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their
own officers at all times. Each party shall retain control over its personnel and the rendition of
services, standards of performance, discipline of officers and employees, and other matters incidental
to the performance of services.
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Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency
within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also
authorized to promulgate necessary administrative regulations and orders to implement and administer
these plans and procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for
aid/assistance in the event it does not have the rcquired equipment available or if, in its sole judgment,
compliance with the request wOuld jeOpardize the protection of its oTM jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall
perform any function or service which is not within the employee's scope of duties as defined or
determined by his employer.
Section 6. Employee Claims, Benefits, etc.:
party shall, in connection with this Agreement or the
No employee, officer, or agent of either
performance of services and functions
hereunder, have a right t.o or claim any pension, workers' compensation, unemployment compensation,
civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise
except through and against the entity by whom they are employed. No employee of either party shall
be deemed the employee of the other, for any purpose, during the performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligent or
wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of
sovereign immunity.
Section 8. Liability for Injury: All the privileges and immunities from liability,
exemptions from laW, ordinance and rules, and all pensions and relief, disability, workers'
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. Liability for injury to personnel, and for loss or damage of equipment, shall be
borne by the party employing such personnel, and owning or possessing such equipment.
Section 9. Remuneration: The cost of gasoline and o~er normal supplies used for
mutual assistanCe/automatic aid purposes shall be the respOnsibilitY of the Party using such suppli~,
except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment
bah'els, or other specialty products will be replaced by the agency requesting assistance, at the sole
discretion of the agency rendering aid or assistance. The parties further agree that the agency
rendering aid/assistance may request reimbursement for any expenditure of goods or services directly
from the persons, parties, or company involved in, causing, or responsible for, the incident. All
compensation for personnel shall be borne by the employing party. All cost of maintenance and
upkeep of equipment shall be borne by the party owning or possessing the equipment.
Section 10, Effective Date and Term: This Agreement shall take effect on October 1, 2002
and shall remain in full force and effect for a period of no less than seven (7) years, expiring on
September 30, 2009, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60)
days prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time
4
frames for construction of future fire stations within their respective jurisdictions and/or service
areas. It is understood that these plans may be modified subsequent to submission and said plans are
subject to subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration
in the terms or conditions of this Agreement shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
SeCtion i5. Enti~rety of Agreenlent: This Agreement represents the entire understanding
of the parties and supersedes all other negotiations, representations, or agreements, either written or
oral, relating to this Agreement.
Section 16. Equal Opportunity:
Each party represents and warrants that it will not
discriminate in the performance of services hereunder and that its employees and members of the
general public benefitting from services hereunder will be treated equally and without regard to race,
sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry.
Section 17. Annual Appropriations: Each parties' performance and obligation under
this Agreement is contingent upon an annual budgetary appropriation by its respective governing body
for the purposes hereunder.
Section 18. Remedies: This agreement shall be construed by and governed by the laws of
the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
5
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereOf.
Section 19. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least three (3) years. The County and City shall
maintain records associated with this Agreement, including, but not limited to, all accounts, financial
and technical records, research or reports, in acCordance with Florida law.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort
of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the
initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance
provided by the other party. Each party will cooperate with the other in the defense of any suit or
action arising out of, or related to, the aid or assistance rendered under this agreement.
Section 22. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the County shall be mailed to:
Palm Beach County Fire Rescue
Fire Rescue Administrator
50 S. Military Trail, Suite 101
West Palm Beach, FL 33415
and if sent to the City shall be mailed to:
City of Boynton Beach
Fire Chief
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Each party may change its address upon notice to the other.
Section 23. Captions: The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 25. Indemnification: Each party shall be liable for its own actions and
negligence and, to the extent permitted by law, County shah indemnify, defend and hold harmless the
City against any actions, claims or damages arising out of County's negligence in connection with this
Agreement, and the City shall indemnify, defend and hold harmless the County against any actions,
cla~, or damages arising OUtof the CitY's negligence in connectiOn with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party's negligent, willful or intentional acts
or omissions.
Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's
fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne
by the respective parties; provided, however, that this clause pertains only to the panics to this
agreement.
Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or city officers.
Section 28. Severability: In the event that any section, paragraph, sentence, clause, or
provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
7
'.
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
signed by their duly authorized officers on the day and year first written above.
1 20.02
ATTEST:
DOROTHY H. WIL~¢CJ~Z
.~ ,.. -: ............. ~'%,
~-
Deputy CI~ ~~LO~iD~
LEGAL SUFFICIENCY
By:
Assistant County Attorney
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: ~/ff.~.~,"C.-~EP 10 2902
Warren-~e~vell, Chairman
/
APPROV~ AS TO TERMS AND
CONDITIONS
e}Re~cue
CITY OF BOYNTON BEACH, FLORIDA,
:,,,.,,xCi~,.q~//,~ BY ITS CITY COUNCIL
g,.,r..q_ ~.~,,"..."~ u ,,~ , .
.~ ~ (i~y~ By:
'.~~VED AS TO FORM AND
LEGAL SUFFICIENCY
Fire Rescue
Chief Herman W. Brice
50 S. Military Trail. Suite 10l
Dst Palm Beach. FL 33415-3198
(561) 616-7000
wwwpbcff, org
Palm Beach County
Board of ~ounty
Commissioners
~Varren H. Newell, Chairman
Carol A. Roberts, Vice Chair
F, aren T. Marcus
Mary McCarty
Burr Aaronson
Tony Masilotti
Addle L. Greene
County Administrator
Robert ~isman
'An Equal Opportunity
~ffrmative A cffon Employer
September 30, 2002
William L. Bingham, Fire Chief
City of Boynton Fire Department
100 E. Boynton beach Boulevard
Boynton Beach, Florida 33435
Re: Emergency Se~rvices Agreement for Mutual Assistance
Dear Chief Bingham:
On September 10, 2002, the Board of County Commissioners approved
an Emergency Services Agreement for Mutual Assistance and Automatic
Aid between the County and the City of Boynton Beach.
I am enclosing a copy of an executed agreement for your files. If you have
any questions please do not hesitate to contact me at (561) 616-7028.
Sincerely,
Ella Koehl,
Sr. Secretary
Administrative Services
Attachment/1
:ek;wpdbcc,agenda;emergsvcsagreeltr.
File copy