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RESOLUTION R04- ~,:3 ~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
iNTER_LOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE TOWN OF HYPOLUXO
PROVIDiNG FIRE AND RESCUE SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Of Boynton Beach currently has an Interlocal
Agreement for Fire and Rescue Services with the Town of Hypoluxo, and;
WHEREAS, the Interlocal Agreement provides for the Town of
Hypoluxo to pay the City $249,553.20 during the first year of the Agreement
with an adjustment formula of CPI or 4%, whichever is greater, for subsequent
years; and
WHEREAS, staff has reviewed the Interlocal Agreement, a copy of
which is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
Section 2. Upon recommendation of staff, this Commission does hereby
authorize execution of this Interlocal Agreement between the City of Boynton
Beach and the Town of Hypoluxo, which Agreement is attached hereto and
made a part here.
S:\, ~RESOV~,greements\lnterlocals\lnterlocal Agreement for Fire Rescue Town of Hypo.doc
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Section 2 That
immediately upon passage.
this Resolution shall become
PASSED AND ADOPTED this /~'~_ day of March, 2004.
ATTEST:
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
(Corporate Seal)
ca/reso/agreements/interlocal/Fire
effective
Ireements\lnterlocals\lnterlocal Agreement for Fire Rescue Town of Hypo.doc
LAW OFFICES
BOOSE CASEY ClKLIN LUBn-Z MArteNS MCBANE ~ O'CONNELL
a PARTNERSHIP INCLUDINO PROFESSIONAL ASSOCIATIONS
NORTHSRIDOE TOWER I -- 19TM FLOOR
~l~ NORTH FLAOLER DRIVE
WEST PALH BEACH, FLORIDA 33401
MAILINO ADDRESS
P.O. BOX 4626
WEST PALH BEACH, FLORIDA 33402-4626
TELEPHONE: (561)832-5900
LEONARD G. RUBIN*
*BOARD CER]]FIED crfY, COUNTY AND LOCAL GOVERNHENT LAWYER
TELEPHONE:
TelECOpler:
(561)832-5900
(561)820-0381
March 1, 2004
William Bingham, Fire Chief
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Town of Hypoluxo/Interlocal Agreement for Fire-Rescue Services
Dear Chief Bingham:
Enclosed please find a copy of Town of Hypoluxo Resolution 04-292, in addition to two original
Interlocal Agreements, each executed by the Town. Once the City executes the Agreements, please
return a fully executed copy to Barbara Searls Ross, Town Clerk.
Should you have any que
contact me.
LGR/lcw
Enclosures
)n, please do not hesitate to
INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES TO THE
TOWN OF HYPOLUXO BY THE CITY BOYNTON BEACH
This, Agreement, made and entered into this /6 day of
~~"'c; l~ ,2004, by and between the City of Boynton Beach, Palm
Beach County, Florida, a municipal corporation, hereinafter referred to as "City';
and the Town of Hypoluxo, Palm Beach County, Florida, a municipal corporation,
hereinafter referred to as "Town."
WITN ESS ETH:
WHEREAS, the Town presenUy does not maintain a Fire Protection and
Fire Rescue Department with fire fighting and emergency medical equipment and
personnel, and desires the City to provide fire and rescue services to the Town;
and
WHEREAS, the City does presently maintain a Fire Protection and Fire
Rescue Department and desires to provide fire and rescue services to the Town;
and
WHEREAS, the City will maintain or improve the standards of fire and
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 fire and 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
might exercise separately; and
WHEREAS, it is deemed mutually advantageous to enter into this
Agreement for the express purpose of cooperating in the provision of fire and
rescue services without regard to territorial boundaries, which shall benefit
mutually and equally the citizens of each party; and
WHEREAS, the City will provide fire and rescue services to the Town in
conformance with City and Palm Beach County Fire Code of Ordinances; and
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WHEREAS, the City will provide additional fire and rescue equipment and
personnel to ensure that the Town will receive the same or improved standards
of fire rescue services that are currently being received by the Town.
NOW THEREFORE, in consideration of the mutual covenants hereinafter
set forth, the parties hereto, hereby agree as follows:
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 fire protection and fire
rescue within the municipal limits of the Town by the City Fire Rescue
Department. Fire rescue shall include advanced life support as that term is
defined by section 401.23, Florida Statutes. Fire protection shall include plan
review, fire code enforcement, building insPection, fire suppression, fire
inspection and fire investigation.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of seven (7) years
commencing October 1, 2004 and ending September 30, 2011, unless sooner
terminated as provided herein. This agreement shall be renewable for additional
seven (7) year periods upon the written agreement of both parties.
SECTION 3. SERVICES RENDERED
The City, through its Fire Rescue Department, shall provide fire protection,
fire rescue, fire inspection, fire investigation and advanced life support services
24 hours per day, 365 days per year, within the municipal 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
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of resources available to the City and the level of service provided to City
residents.
(b) The parties hereto further understand and agree that a possibility
exists that the City of Boynton Beach Fire 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 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 multiple 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 Department personnel, vehicles and equipment
while in the Town of Hypoluxo.
(d) The City Fire Department shall have complete authority and control
over the use and deployment of any and all apparatus and equipment acquired
by the Town for its use and to support this Agreement during its term.
(e) The Town officials, employees, residents and citizens shall not
interfere with the direction, management and deployment of the City Fire
Department, its personnel or equipment at any time during fire fighting or other
emergency situations.
(f) The Town shall report all street and road closures/openings to the
City Fire Department immediately.
(g) The City assumes no responsibility for emergency preparedness
planning and program implementation for the Town.
(h) The City will provide the same level of service to the Town as it
provides to City residents with respect to hazardous material response in
accordance with the Palm Beach County Regional Hazardous Materials Response
Ordinance of 1998 (''County Haz-Mat Ordinance"), which is incorporated herein,
and made a part hereof by reference. As set forth in the County Haz-Mat
Ordinance, recovery of all costs associated with a discharge or threatened
discharge of hazardous substances will be sought against the persons
responsible for causing or allowing a discharge or threatened discharge. To the
extent that costs are actually incurred by the City in responding to a hazardous
material incident within the corporate limits of the Town and the City (or the
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County on behalf of the City), using its best efforts, is unable to recover such
costs from the responsible persons or the Federal Government in accordance
with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the
City for certain expended supplies and consumables, namely, chemical
absorbents, hazardous materials vapor suppressions, chemical testing agents,
and hazardous materials recovery drums and/or other containers used by the
City Fire Department.
(i) 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.
SECTJ:ON 4. PAYMENT
In consideration of the City providing the services set forth in Section 3,
the Town agrees to pay the City the sum of Two Hundred Forty-Nine Thousand
Five Hundred Fifty-Three Dollars and 20/100 ($249,553.20) during the first year
of this Agreement, payable in two equal, semi-annual installments on .lanuary
15, 2005 and April 15, 2005.
Commencing October 1, 2005, 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 mandated 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 the annual adjustment set forth below.
Before July 1, 2005, and annually before July :t of each succeeding year of
this Agreement, the initial compensation payable by the Town to the City
($249.553.20) shall be adjusted effective October 1, 2005, and as of October :[
of each succeeding year of this Agreement. The annual adjusted compensation
commencing October 1, 2005 and for each succeeding year of this Agreement
shall be determined by incorporating the May ,4//Urban Consumer Pr/ce Zndex
(CPI:) in accordance with the Department of Labor - Department of Statistics or
an increase of four percent (4%), whichever is greater.
Adjusted compensation for fire rescue services shall be paid by the Town
to the City in two equal semi-annual installments on January 15 and April 15
throughout the term of this Agreement.
The City's fee for inspection and plan review of new development,
redevelopment, and existing structures within the Town shall be charged directly
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to the owners of such new development, redevelopment, and existing structures
in accordance with the applicable City ordinance.
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 and Mayor):
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Mayor
Town of Hypoluxo
7580 South Federal Highway
Hypoluxo, Florida 33462-6034
SECTION 6. CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as
may be amended, including NFPA I Fire Prevention Code (2000 edition) and
NFPA Life Safety Code (2000 edition), in addition to any local amendments
adopted by the City in accordance with section 633.0215, Florida Statutes, shall
apply within the Town's municipal limits.
Sections 2.5-8. 2.5-9, 2.5-11, 2.5-12, and 2.5-13 and amendments
hereafter of the City Code of Ordinances, "Alarm Systems," shall be incorporated
herein by reference in this Agreement. The City shall remit false alarm charges
to the Town. The Town shall notify alarm users of the charges due, requesting
payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances,
"Alarm Systems." That section imposes a fine for more than three (3) false
alarms in any twelve-month period, exclusive of false alarms caused by acts of
God or other natural forces.
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The City shall promptly provide the Town with copies of all new
legislation, including but not limited to ordinances, resolutions, policies, or
procedures which may be enacted by the City that may affect Chapter 2.5
entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and
Prevention" of the City of Boynton Beach Code of Ordinances.
SECTION 7. 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 interlocal Agreement to provide fire rescue services as authorized by Chapter
163, Florida Statues. The Town and City Councils shall each retain total
legislative authority with regard to their respective municipalities.
Each party to this Agreement will 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 8. 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 disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the Town or and the City, the Town shall request
the City Manager schedule the disputed matter to be heard at the next scheduled
City Commission meeting.
SECTION 9. TERMINAl-ION
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. For example, if a decision is made to terminate this Agreement anytime
after October 1, 2005 and prior to September 30, 2006, this Agreement shall be
terminated on September 30, 2007.
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SECTION 10. AMENDMENT 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 11. 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
Interlocal Agreement shall be held in Palm Beach County, Florida.
(e)
the parties, and supersedes all other negotiations, representations or
agreements, either written or oral, relating to this Interlocal Agreement.
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.
This Interlocal Agreement represents the entire understanding of
None of
(f) This Interlocal 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.
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TOWN OF HYPOLUXO, FLORIDA
By: . ~
Town Clerk
Approved as to form and
Legal sufficiency:
Leonard Rubin, Esq.
Assistant Town Attorney
W:[TNESSES:
CtTY OF BOYNTON BEACH, FLORIDA
City Clerk -
Approv.~:l ~1::o form and
S:ca/agmts/fire rescue services/hypoluxo
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