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R04-072 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 28 29 30 31 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 Co 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 Eo 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