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R99-116 RESOLUTION NO. R99- A RESOLUTION OF THE CITY COMMISSION OF THE Cl-I'Y OF BOYNTON BEACH, FLORIDA, AUTHOR[Z[NG AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE ClTY OF BOYNTON BEACH AND THE TOWN OF BRINY BREEZES, PROVIDING FOR EMERGENCY MEDICAL SERVICES TO THE TOWN OF BRINY BREEZES BY THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECI-iVE DATE. WI-IERE.a~, the City of B°Ynton Beach has provided emergency medical services to the Town of Briny Breezes since 1991, and the Town of Briny Breezes desirous of entering into an Agreement with the City of Boynton Beach for an extended five (5) year period; and WHEREAS, the Fire Rescue Department has analyzed the operational impact of this relationship and is able to effectively handle the current generated :all volume with no anticipated additional resources; NOWf THEREFOREf BE IT RESOLVED BY THE c~rY COMMISSION ~F THE CITY OF BOYNTON BEACH~ FLORIDA~ THAT: Section :1. The City Commission of the City of Boynton Beach, Florida ereby authorizes and directs the Mayor and City Clerk to execute an Interlocal a, greement between the City of Boynton Beach and the Town of Briny Breezes, ~roviding for emergency medical services, said Agreement being attached ~ereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon ~assage. ATTEST: PASSED AND ADOPTED this __. day of September, 1999. Vice Mayor Mayor Pro Tern ~'o'~n~r INTERLOCAL AGREEMENT PROVIDING FOR EMERGENCY MEDICAL/RESCUE SERVICES TO THE TOWN OF BRINY BREEZES BY THE CITY BOYNTON BEACH This Agreement, made and entered into this lo day of ~ 1999, by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Briny Breezes, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town." WITNESSETH: WHEREAS, the Town presently does not maintain an Emergency Medical/Rescue Service, and desires the City to provide Emergency Medical/Rescue Services to the Town; and WHEREAS, the City does presently maintain Emergency Medical/Rescue Service and desires to provide Emergency Hedical/Rescue Services to the Town; and WHEREAS, the City will maintain or improve the standards of Emergency Medical/Rescue Services to the Town as currently provided by the City within its municipal limits; and WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing Emergency Medical/Rescue Services benefiting public safety and local government; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each m~ght exercise separately; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of Emergency Medical/Rescue Services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each party; and WHEREAS, the City will provide Emergency Medical/Rescue Services to the Town in conformance with City and Palm Beach County Standards and Ordinances. WHEREAS, the City will provide emergency medical/rescue equipment and personnel to ensure that the Town will receive the same standards of Emergency Medical/Rescue Services that are currently being received by the City. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: The foregoing "whereas" clauses are hereby ratified and confirmed as being true and incorporated herein by this reference. SECTION 1. PURPOSE (a) This Agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statues, being a joint exercise of Power shared in common which any City could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm Beach County, Florida. (b) The purpose of this Agreement is to provide Emergency Medical/Rescue Services and advanced life support (ALS) transport within the municipal limits of the Town by the City Fire Rescue Department. Emergency Medical/Rescue Services shall include advanced life support as that term is defined by section 401.23, Florida Statutes. SECTION 2, TERM OF AGREEMENT The term of this Agreement shall be for a period of five (5) years commencing October 1, 1999 and ending September 30, 2004, unless sooner terminated as provided herein. SECTION 3, SERVICES RENDERED The City, through its Fire Rescue Department, shall provide advanced life support services 24 hours per day, 365 days per year, within the mumcipal limits of the Town throughout the term of this Agreement. (a) This Interlocal Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City, or at any emergency scene within the Town boundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town consistent with the level of resources available to the City. 2 (b) The parties hereto further understand and agree that a possibility exists that the City of Boynton Beach Fire Rescue Department may receive simultaneous calls for separate accidents, fires and other public safety problems. Tn the event of a simultaneous occurrence of emergencies, the judgement of the Fire Chief of the City, or the senior Fire/Rescue Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto. Tf the City cannot respond to a call for assistance due to multi pie calls and/or alarms in progress, all reasonable efforts will then be made by the City to arrange for a suitable response from another agency or jurisdiction cooperating with the City through various mutual aid agreements in effect at the time. (c) The Fire Chief of the City of Boynton Beach shall have full and complete authority through the normal chain of command over the operation of the City of Boynton Beach Fire Rescue Department personnel, vehicles and equipment while in the Town of Briny Breezes. (d) Regardless of ownership, the City Fire Rescue Department shall have complete authority and may direct control over the use and deployment of any and all apparatus and equipment during a response in the Town. (e) The Town officials, employees, residents and citizens shall not interfere with the direction, management and deployment of the City Fire Rescue Department, its personnel or equipment at any time during an emergency situation. (f) The Town shall report all street and road closures/openings to the City Fire/Rescue Department immediately. (g) The City assumes no responsibility for emergency preparedness planning and program implementation for the Town. (h) The City is permitted to invoice residents of the Town for appropriate emergency medical service fees under the same terms and conditions as those for residents of the City. SECT[ON 4. PAYMENT Tn consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City the sum of thirty-five thousand, six hundred twenty-eight dollars ($35,628.00) during the first year of this Agreement, payable in two equal installments on ,lanuary 15, 2000, and April 15, 2000. 3 Commencing October 1, 2000, the annual compensation for fire rescue services to be rendered by the City to the Town shall be adjusted annually. Per mutual agreement of the parties, such compensation may be adjusted to offset any increased costs of providing the enumerated services and programs due to unfunded mandates of the federal, state, or County government and to address any other unforseen events or contingencies. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. Before July 1, 2000, and annually before July ! of each succeeding year of this Agreement, the initial compensation payable by the Town to the City ($35,628.00) shall be adjusted effective October 1, 2000, and as of October 1 of each succeeding year of this Agreement, as follows: (a) The term "Base Year" means the fiscal year ending September 30, 2000 and each successive fiscal year. (b) The term "Comparison Year" means each fiscal year after the Base Year. (c) The term "Consumer Price Index- United States All Items for Urban Consumer" published by the Bureau of Labor Statistics of the Department of Labor (Base Year 1982 = 100) ("CPT'g. (d) The annual adjusted corn pensation commencing October 1, 2000 and for each succeeding year of this Agreement shall be determined by dividing the Comparison Year CPT by the Base Year CPI and multiplying that sum by the amount of the initial annual compensation. (By way of example, if the Base Year CP! is 150 and the Comparison Year CPI is 160, the annual adjusted compensation shall equal 160/150 x $35,628=$38,003) (e) Adjusted compensation for emergency medical/rescue services shall be paid by the Town to the City in two equal installments on .lanuary 15 and April 15 throughout the term of this Agreement. SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 4 Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Mayor Town of Briny Breezes 5000 North Ocean Boulevard. Briny Breezes, Florida 33435 SECTION 6. ADMINISTRATION All written rules and regulations, polices and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town and are hereby incorporated herein by reference pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an Tnterlocal Agreement to provide emergency medical services as authorized by Chapter 163, Florida Statues. The Town and city Councils (Commissions) shall each retain total legislative authority with regard to their respective municipalities. Each party to this Agreement wil remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in section 768.28, Florida Statutes. SECTION 7. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town shall notify the City Manager in writing, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town and the City, the dispute shall be submitted to an arbitrator mutually agreed to ;y the parties. If agreement is not reached on appointment, either party may submit to the American Arbitration Association for appointment. The decision of the arbitrator shall be binding. 5 SECTION 8. TERMINATION Either party may terminate this Agreement upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of the written notice to terminate this Agreement. For example, if either party gives notice to the other party to terminate this Agreement anytime after October 1, 1999 and prior to September 30, 2000, this Agreement shall be terminated on September 30, 2001. SECTION 9. AMEN DMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. SECTION 10. MISCELLANEOUS PROVISIONS (a) Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the other party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. (b) The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. (c) If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or cIrcumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. (d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Intertocal Agreement shall be held in Palm Beach County, Florida. 6 r (e) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added to, mOdified, superseded or otherwise altered, except by written instrument executed by the parties hereto. (f) This Tnterlocal Agreement and subsequent amendments thereto shall be filed by the City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 163.01(11), Florida Statutes. IN WYFNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITN ESS~ Approved as to form and Legal sufficiency: TOWN OF BRINY BREEZES, FLORIDA By: ~7~//'Z:;~ ,, · Attest. ~ ~' I~ Town Attorney WTTNESSES: Approved as to form and Legal sufficiency: City Attorney / M ayo~ Attest: ffCit~erk 7