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.
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(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.
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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
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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.
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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.
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(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
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