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RESOLUTION R04- O'-/c:~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE TOWN OF OCEAN
RIDGE, PROVIDING FIRE SUPPRESSION,
EMERGENCY MEDICAL AND FIRE LIFE SAFETY
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Of Boynton Beach currently has an Interlocal
Agreement for Fire Suppression, Emergency Medical and Fire Life Safety
Services and Rescue Services with the Town of Ocean Ridge, and;
WHEREAS, the Interlocal Agreement provides for the Town of
Ocean Ridge to pay the City $655,296.00 during the first year of the
Agreement with an adjustment formula provided for the second and
subsequent years, ensuring a minimum of a 4% annual increase; and
WHEREAS, upon the recommendation of staff, the City Commission
does hereby approve the Interlocal Agreement between the City of Boynton
Beach and the Town of Ocean Ridge, 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. The City Commission does hereby authorize execution of this
S:~ A\RESO~Agreements\lnterlocals\Town of Ocean Ridge Fire Services Agr.doc
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Interlocal Agreement between the City of Boynton Beach and the Town of
Hypoluxo, which Agreement is attached hereto and made a part here.
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this t4 day of May, 2004.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
h~or / /~
Commissioner
(Corporate Seal)
S: ;A\RESO~&greements\lnterlocals\Town of Ocean Ridge Fire Services Agr. doc
'
INTERLOCAL AGREEMENT BETVVEEN THE TOWN OF OCEAN RIDGE AND
THE CITY OF BOYNTON BEACH FOR THE PROVISION OF FIRE RESCUE
AND EMERGENCY MEDICAL SERVICES
This Agreement for the provision of fire rescue and emergency medical
services (the "Agreement"), made and entered into this ~"~ day of
f'd ¢,~I ,2004 by and between the City of Boynton Beach, Palm
BeachCounty, Florida, a municipal corporation, hereinafter referred to as "City",
and the Town of Ocean Ridge, Palm Beach County, Florida, a municipal
corporation, hereinafter referred to as "Town".
WITNESSETH:
WHEREAS, the Town desires the City to provide fire rescue and
emergency medical services to the Town; and
WHEREAS, the City desires to provide fire rescue and emergency
medical services to the Town; and
WHEREAS, the City will maintain the standards of fire and rescue
services to the Town consistent with the services currently provided by the City
within its municipal limits; and
WHEREAS, the City has mutual aid agreements with Palm Beach County
Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City will provide fire and rescue services to the Town in
conformance with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue personnel to ensure that
the Town will receive the same standard of fire and rescue services; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
hereinafter set forth, the parties hereto, hereby agree as follows:
SECTION 1.
PURPOSE
The purpose of this Agreement is to provide fire suppression, protection
and prevention, and Emergency Medical Services, including advanced life
support transport, within the municipal limits of the Town by the City Fire Rescue
Department. Fire protection shall include plan review, fire code enforcement,
building inspection, fire suppression, and fire investigation. The parties
acknowledge that the City assumes no responsibility for emergency
preparedness planning and program implementation for the Town; or site clean
up or product/soil removal resulting from a chemical spill or other form of
hazardous materials incident occurring within the Town.
Ocean Ridge IA 03/10/04 1
SECTION 2.
TERM OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) years
commencing October 1, 2004 and ending September 30, 2016. The parties
agree that during the term of this Agreement that every four years, (in the month
of August 2008, and August 2012) the parties will, in good faith, review the
Agreement in order to conduct a performance evaluation and to amend, if
appropriate, the Annual Fee payable to the City, as defined herein.
SECTION 3.
A.
SERVICES RENDERED
The City, through its Fire Rescue Department, shall provide fire
protection, fire rescue, fire inspection, fire investigation, and
emergency medical services 24 hours per day, 365 days per year,
within the municipal limits of the Town throughout the term of this
Agreement.
The City will provide the same level of service to the Town relative
to hazardous materials incidents as it provides to its own residents.
The City's hazardous materials response is governed by the Palm
Beach County Regional Hazardous Materials Response Ordinance
of 1998 ("County Haz-Mat Ordinance"). 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 discharged. 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
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,
disposable personal protective clothing and equipment, hazardous
materials vapor suppressions, chemical testing agents, and
hazardous materials recovery drums and/or other containers used
by the City's Fire Rescue Department.
SECTION 4.
PAYMENT
In consideration of the City providing the services set forth in
Section 3 of this Agreement, the Town agrees to pay the City
$655,296 during the first year of this Agreement, ("Annual Fee"),
payable in two equal, semi-annual installments on. Or before,
January 15, 2005 and April 15, 2005, and on or before January 15th
Ocean Ridge IA 03/10/04 2
and April 15th of each succeeding year during the term of this
Agreement, as may be amended from time to time.
The parties agree to negotiate in good faith an adjustment to the
Annual Fee which may be necessary to offset any increased costs
incurred by the City for providing the services and programs
pursuant to this Agreement, due to unfunded mandates specifically
directed toward the provision of fire rescue services, of the Federal,
State, or County government and to address any unforeseen
events or contingencies. The City shall provide the Town with the
amount of the adjustment resulting from unfunded mandates no
later than May 1, 2005, and each year thereafter during the term of
the Agreement. Any adjustments to the Annual Fee pursuant to
this subsection shall be effective on October 1, 2005 and each year
thereafter. The adjustments contemplated in this subsection shall
be in addition to the annual adjustment set forth below.
In addition to the adjustments to the Annual Fee provided in
subsection 4B of this Agreement, no later than May 1, 2005 and
each year thereafter during the term of this Agreement, the Annual
Fee payable by the Town to the City shall be adjusted effective
October 1, 2005 and as of October 1 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 All Urban Consumer
Price Index (CPI) in accordance with the Department of Labor-
Department of Statistics or an increase of four percent (4%),
whichever is greater.
The City is permitted to invoice residents of the Town for
appropriate emergency medical service and fire inspection fees
under the same terms and conditions as those for residents of the
City.
The City's fee for inspection services, in accordance with Chapter
2.5 and Chapter 9 of the City of Boynton Beach Code of
Ordinances, and plan review of existing and new development or
redevelopment within the Town shall be charged directly to the
owner of the existing and new development or redevelopment in
accordance with the applicable City Ordinance.
SECTION 5
EMERGENCY VEHICLE / FIRE APPARATUS
The Town will provide one pumper (fire engine), fully equipped with
fire fighting and Advanced Life Support emergency medical
equipment, designed to the City's specifications for use by the City
during the term of this Agreement. Specifications and bidding
Ocean Ridge IA 03/10/04 3
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procedures for the acquisition of any new vehicle will be the City's
responsibility. The Town will be responsible for awarding and
entering into a contract for the acquisition of any new vehicle, as
well as financing and payment for the vehicle. Funding for all
necessary equipment and supplies, as well as vehicle replacement
costs, is included in the annual fee as identified in Section 4,
Subsection A of this agreement.
The Town shall gain and hold title for any vehicular apparatus or
other equipment paid for by the Town and acquired under this
Agreement, where titles are normally issued, when the Town
makes full and final payment for such apparatus or equipment, and
the title has been transferred.
The Town of Ocean Ridge shall acquire, by October 1, 2004, a
comprehensive insurance policy to provide for the repair and/or
replacement of the fire apparatus, defined above, and associated
equipment, should this vehicle be damaged in a vehicular accident,
storm, or similar other circumstance. In addition, this policy shall be
modified to include any additional equipment acquired by the Town
during the term of this Agreement. The face amount of said
insurance policy shall be equal to the original cost of the apparatus
and equipment to be insured, and the Town shall maintain the
insurance policy during the term of this Agreement, as may be
amended from time to time. In addition, the Town shall provide the
City with a copy of the certificate of insurance evidencing such
coverage, and the certificate shall name the "City of Boynton
Beach" as an additional insured under the policy.
SECTION 6
FIRE STATION FACILITIES
The City is under no obligation to staff the Town's Fire Station located
at 6450 North Ocean Boulevard on a regular basis, but is responsible
for prompt emergency response, regardless of where firefighting and
EMS staff is located. The City and the Town, upon mutual agreement,
will decide whether to staff the Town's Fire Station, as determined by
call volume and operational needs.
In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
understands that the City will vacate the fire station and the barrier
island in the event of an ordered evacuation due to hurricane.
Co
In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
agrees to conduct an architectural and engineering needs assessment
of the Town's current fire station facilities and systems with the
Ocean Ridge IA 03/10/04 4
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cooperation of the City within six (6) months of that determination.
The purpose of this assessment is to identify improvements which
may be needed to support assigned personnel and equipment, with
emphasis on personal and facility safety health standards, and all other
applicable federal, State and County standards. The parties mutually
agree to establish a reasonable and responsive schedule for any such
improvements to be made to the Town's Fire Station.
In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town
agrees to permit the City to use the Town's Fire Station, its systems
and related site improvements during the term of this Agreement, or
periods of renewal without license fees or utility fees for electricity,
water and sewer services, or storm water assessment fees. The Town
will be responsible for interior and exterior maintenance, as well as the
repair and maintenance of the water, sewer, electrical and air
conditioning systems servicing the Town's Fire Station. The Town will
contract and pay for, telephone service, CAD and computer links, and
use of LP gas for the Town's Fire Station.
In the event the City determines that occupancy of the Town's Fire
Station is reasonable from an operational perspective, the Town shall
provide a minimum of six (6) paved parking spaces at the Town's Fire
Station for use by assigned personnel on a 24-hour shift basis.
SECTION 7.
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, FL 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Town Manager
Town of Ocean Ridge
6450 N. Ocean Boulevard
Ocean Ridge, FL 33435
Ocean Ridge IA 03/10/04 5
SECTION 8.
CODE
A. The City Fire Code, which adheres to National Fire Protection
Association (N.F.P.A.) standards, and Chapters 2.5 and 9 of the City's
Code of Ordinances, as amended from time to time and to the extent
permitted by law, shall apply within the Town municipal limits.
City Code of Ordinance Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5-
13, as may be amended from time to time, entitled "Alarm Systems"
shall be incorporated herein by reference in this Agreement. The
Town acknowledges that the City has the authority to enforce the
provisions of its Code of Ordinances referred to herein against
residents and businesses within the Town in the same manner as
the City enforces its ordinance provisions against City residents
and businesses. Following execution of this Agreement, the Town
shall notify alarm users within the Town of the City's ability to
collect charges, the amount of charges due pursuant to the City's
ordinances, and the City's authority to request payment thereof
pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm
Systems". In the event that a Town resident or business files a suit
or claim against the City challenging the City's authority to collect,
impose, or enforce its Alarm System ordinance provisions within
the Town, the Town agrees to pay the City's reasonable attorney's
fees and costs, including paralegal expenses at both the trial and
appellate levels.
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 9.
ADMINISTRATION
All written rules and regulations, policies and procedures of the City
of Boynton Beach Fire Rescue Department shall apply to the Town
pursuant to this Agreement.
Nothing contained in this Agreement shall be construed to
constitute a transfer of municipal powers. This Agreement is an
Interlocal Agreement to provide fire rescue services as authorized
by Chapter 163 Florida Statutes. The Town and City Councils shall
Ocean Ridge iA 03/10/04 6
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 10.
DISPUTES
In the event that the Town has a dispute with respect to the City's
performance hereunder, the Town Manager 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 by 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.
SECTION 11.
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 written notice to terminate this Agreement. For
example, if either party gives written notice to the other party to
terminate this Agreement anytime after October 1, 2005 and prior
to September 30, 2006, this Agreement shall be terminated on
September 30, 2007. In the event that this agreement is terminated
prior to September 30, 2014, the City will retain control of all funds
designated for future vehicle replacement, if applicable.
SECTION 12.
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 13.
MISCELLANEOUS
Ocean Ridge IA 03/10/04 7
This Agreement and any amendments thereto shall be filed and
recorded by the City with the Clerk of Court of Palm Beach County,
Florida, in conformance with Section 163.01(11 ), Florida Statutes.
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 Agreement shall be held in Palm Beach County, Florida.
If any terms or provisions of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held
invalid or unenforceable, the remainder of this 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
be deemed valid and enforceable to the extent permitted by law.
D. This Agreement represents the entire understanding of the parties,
and supercedes all other negotiations, representations, or
agreements, whether written or oral, related to this 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.
IN W!,..TNESS THF_.~R'EOF, the parties hereto have caused this Agreement
to be execut'ed the day/~'nd year first above written.
TOWN~? 0~AN/~.!DG E
:::~i/ / ! ? MAYOR ,
ATTEST: -/~ ¢2.x-~¢~ ~-~ ~/_~1~,/~/"~-/~'
TOWN CLERK
ED~EGAL SUFFICIENCY
-I/O~N A-I=¢ORI~-E'¢[ !
CITY OF BOYNTON BEACH
ATTEST:
C CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Ocean Ridge IA 03/10/04 8
CITY ATTORNEY
Ocean Ridge IA 03/10/04 9