R98-132 RESOLU-I~ON NO. R98-/,.~'~,~
A RESOLUTION OF THE CITY COMIVl]BSTON OF THE CITY
OF BOYNTON BEACH, FLOR[DA, AUTHOR[ZING AND
DIRECTING THE IVlAYOR AND CITY CLERK TO EXECUTE
AN [NTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE VILLAGE OF GOLF;
PROV:[DING FOR FIRE AND RESCUE SERVICES TO THE
VILLAGE OF GOLF BY THE CTTY OF BOYNTON BEACH;
AND PROVID]:NG AN EFFECTIVE DATE.
WHEREAS, the Village of Golf does not maintain a Fire Protection
and Fire Rescue Department with fire fighting and emergency medical equipment
and personnel and desires to have the City of Boynton Beach provide such
services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COt4t4TSSTON
O1: THE CTTY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the IVlayor and City Clerk to execute an Interlocal
Agreement between the City of Boynton Beach and the Village of Golf, providing
for fire and rescue services, said Agreement being attached hereto as Exhibit
"AIl i
Section 2.
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~ day of August, 1998.
CFI-Y OF BOYNTON BEACH, FLOR[DA
A-I-I-EST:
' Cit-~Cle r.k
Mayor
Mayor Pro Tem
Corr)~ssioner
Commissioner
INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN
THE VILLAGE OF GOLF BY THE CITY OF BOYNTON BEACH
This Agreement, made and entered into this and day of S
by and between the City of Boynton Beach, Palm Beach County, Florida, a
municipal corporation, hereinafter referred to as "City" and the Village of Golf,
Palm Beach County, Florida, a municipal corporation, hereinafter referred to as
"Village ".
WITNESSETH:
WHEREAS, the Village desires the City to provide fire and rescue services
to the Village; and
WHEREAS, the City desires to provide fire and rescue services to the
Village; and
WHEREAS, the City will maintain or improve the standards of fire and
rescue services to the Village as 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 Village in
conformance with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue equipment and personnel
to ensure that the Village will receive the same or improved standards 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 protection, fire rescue,
and advanced life support within the municipal limits of the Village by the City
Fire Rescue Department. Fire protection shall include plan review, fire code
enforcement, building inspection, fire suppression, and fire investigation.
SCAlO JAN 1 2 G 2
City Clerk ,- ,
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SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of seven (7) years
commencing October 1, 1998 and ending September 30, 2005.
SECTION 3. SERVICES RENDERED
1. 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 Village throughout the term of
this Agreement.
2. The City will provide the same level of service to the Village relative
to hazardous materials incidents as it provides to its own residents.
The City's hazardous materials response is govemed by 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 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 Village 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
Govemment in accordance with Section 7 of the County Haz -Mat
Ordinance, the Village 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 Rescue Department.
SECTION 4. PAYMENT
In consideration of the City providing the services set forth in Section 3,
the Village agrees to pay the City $92,500 during the first, second, and third year
of this Agreement, payable in two equal, annual installments on January 15 and
April 15 of each of the three years.
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• Commencing October 1, 2001, the annual compensation for fire rescue
services to be rendered by the City to the Village 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 govemment and to address
any unforeseen events or contingencies. The adjustments contemplated in this
subsection shall be in addition to the annual adjustment set forth below.
Before July 1, 2001 and annually before July 1 of each succeeding year of
this Agreement, the initial compensation payable by the Village to the City
($92,500) shall be adjusted effective October 1, 2001 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 Consumers" published by the Bureau of Labor
Statistics of the Department of Labor (Base Year 1982 =
100) ( "CPI ").
(d) The annual adjusted compensation commencing October 1,
2001 and for each succeeding year of this Agreement shall
be determined by dividing the Comparison Year CPI by the
Base Year CPI. The CPI for the Base Year and Comparison
Year shall be determined by averaging the monthly indices
for the Base Year as well as for the Comparison Year. ,
Adjusted compensation for fire rescue services shall be paid by the
Village to the City in two equal annual installments of January 15 and April
15 throughout the term of this Agreement.
The City is permitted to invc.;ce residents of the Village for
appropriate emergency medical service fees under the same terms and
conditions as those for residents of the City.
The City's fee for inspection and plan review of existing and new
development or redevelopment within the Village shall be charged directly
to the existing and new development or redevelopment in accordance with
the applicable City Ordinance.
3
SECTION 5. NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be
mailed by certified mail, retum 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, FL 33435
Fire Chief
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Village Manager
Village of Golf
21 Country Road
Village of Golf, FL 33436
SECTION 6. CODE
The City Fire Code, which adheres to National Fire Protection
Association (N.F.P.A.) standards, and Chapters 9 and 2.5 of the City's
Code of Ordinances, as amended from time to time, shall apply within the
Village municipal limits.
Sections 2.5 -8, 2.5 -9, 2.5 -11, 2.5 -12, 2.5 -13 and amendments
hereafter of the City Code of Ordinances, "Alarm Systems" shall be
incorporated herein by reference ir. this Agreement. The City shall remit
false alarm charges to the Village. The Village shall notify alarm users of
charges due, requesting payment thereof purs ..ant to Section 2.5 -13 of
the City Code of Ordinances, "Alarm Systems ".
The City shall promptly provide the Village 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
entitles "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and
Prevention" of the City of Boynton Beach Code of Ordinances.
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SECTION 7. ADMINISTRATION
All written rules and regulations, policies and procedures of the City
of Boynton Beach Firo Rescue Department shall apply to the Village
pursuant to this Agreement.
Nothing contained in this Agreement shall be construed to
constitute a transfer of municipal powers. This Agreement is an Inter -local
Agreement to provide fire rescue services as authorized by Chapter 163
Florida Statutes. The Village 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 Village has a dispute with respect to the City's
performance hereunder, the Village 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 Village 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 9. TERMINATION
Either party may terminate this Agreement upon a minimum of one
(1) year's written notice :o 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, 1998 and prior to September 30, 1999, this Agreement
shall be terminated on September 30, 2000.
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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 goveming body
of each party.
SECTION 11. MISCELLANEOUS
This Agreement and any amendments thereto shall be filed 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 govemed 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.
This Agreement represents the entire understanding of the parties,
and supersedes 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.
If any legal action or other proceeding is brought for
the enforcement of this Agreement, the prevailing party will
be entitled to r€ccver frcm the other party reasonable
attorneys' fees and costs, including fees and costs incident
to appeals, incurred in that action or proceeding, in addidtion
to any other relief to which such party may be entitled.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed
the day and year first above written.
WITNESSES: VILLAGE OF GOLF
6 -
MAY(SR
f e • 4 . ATTEST:. -� �,z-l�. c-f
`£ VILLAGE CL RK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
VILLAG •/ O' EY
WITNESSES: CITY OF BOYNTON BEACH
•
MAYOR
) 4, ATTEST.
CI CLERK
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APPROVE AS TO FORM AND LEGAL SUFFICIENCY = v I
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C1 ATTOR r Y
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OFFICE OF THE MAYOR
AND VILLAGE OFFICE
21 COUNTRY ROAD SECURITY DEPARTMENT
VILLAGE OF GOLF (561) 734 -2916
FLORIDA 33436 -5299 �• UTILITIES, WATER
(561) 732 -0236 Q L T5 AND SEWER
FAX (561) 732 -7024 (561) 737 -7995
February 26, 1998
Ms. Kerry Willis, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl 33436
Dear M . illl
The Village of Golf in 1991,entered into an agreement with the City of Boynton Beach
to provide Fire- Rescue services to the Village. The term of the agreement was for
seven (7) years and is scheduled to expire on September 30, 1998.
I would like to propose an extension of that agreement for a second seven (7) year
term, with the fee for this service in fiscal year 1998 -99 to be $92,500, and escalating
by the CPI annually after the end of that fiscal year, with the remaining terms of the
agreement not changing.
Please advise if you are interested in continuing this agreement for these services
under the above stated terms. If any additional information is needed to assist in
evaluating the situation, please give me a call. I would suggest that we need to
resolve this issue before July, when the budget needs to be finalized. Thank you,
Sincerely, �f /,
L tif c e T oef-A-
Carrie P. Hill
Village Manager
cc: Chief Bingham, Fire Chief R E CEIVFT)
Diane Reese, Finance Director
MAR 4 1998
CITY MANAGER'S 01 r i C
�
A Y 0
OFFICE OF THE MAYOR r• �„��ti�4�1 Fjj
AND VILLAGE OFFICE , `_ _ ,
21 COUNTRY ROAD SECURITY DEPARTMENT
VILLAGE OF GOLF (561) 734-2918
FLORIDA 33436 -5299 UTILITIES, WATER
(561) 732 -0236 %-715 AND SEWER
FAX (561) 732 -7024 (561) 737 -7995
September 11, 1998
Chief William Bingham
City of Boynton Beach Fire Department
100 East Boynton Beach Blvd.
Boynton Beach, Fl 33435
I1
Dear Chie • am:
The Village Council of the Village of Golf approved the interlocal agreement for Fire -
Rescue services on September 3, 1998. I am sending the fully executed original of
the agreement to the City Clerk's office with a copy for your file and a copy for the
Finance Department. I have kept a copy for our file. As per the agreement, we will
send our first payment on January 15, 1999. Thank you for all your assistance with
finalizing this agreement, and I am looking forward to working with you the next 7
years. If any other information is needed, please let me know.
Sincerely,
/2
Carrie P. Hill
Village Manager
cc: Sue Kruse w/ original
Diane Reese w/ copy