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R04-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 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 1 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 2 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 3 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 4 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. 5 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. 6 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. 7 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 8