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R98-095RESOLUTION NO, R98-~,~" A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF HYPOLUXO PROVIDING FOR FIRE AND RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, and the Town of Hypoluxo 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 provides such services; NOW, THEREFORE, BE I'T RESOLVED BY THE CI'TY COMMI'SSI'ON OF THE CTTY OF BOYNTON BEACH, FLORTDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Hypoluxo, providing for fire and rescue services, Exhibit "A". Section 2. said Agreement being attached hereto as This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, :L998. Cog~issioner /~~ ~ Commissioner Jerk s · c~ \ r es o\~ g r .e~e~l~.~j~ ~ I~l~l)kl~bK-~r~ Services INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY OF BOYNTON BEACH This Agreement, made and entered into this ~ I ~ ¢ day of ~v~6k,x/ ,1998, bT and between the City of,,B, oynt,o,n Beach, Palm B~a~--~ounty, Florida, at municipal corporation, hereinafter referred to as City, and the Town of Hypoluxo, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town." WITNESSETH: WHEREAS, the Town presently does not maintain a Fire Protection and Fire Rescue .l~epartment 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 ~ xe 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, )elray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City and Town desire to enter into a cooperative arrangement providing fire nd rescue services benefiting public safety and local government; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal greements with each other to jointly exercise any power, privilege, or authority which such agencies hare in common and which each might exercise separately; and WHEREAS, it is deemed mUtually advantageous to enter into this Agreement for the express ~urpose of cooperating in the provision of fire and rescue services without regard to territorial ~oundaries, 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 ~ity and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide additional fire and rescue equipment and personnel to insure that the Town will receive the same or improved standards of fire and 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 Statutes, being a jcint exercise of power shared in common which any City could exercise s~parately and shall be filed with the Clerk of the 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 n~lvUnicipal limits of the Town by the City Fire Rescue Department. Fire rescue shall include anced life support as that term is defined by section 401.23, Florida Statutes. Fire protection .s~all 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, 998 and ending September 30, 2005, unless sooner terminated as provided herein. This agreement hall 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 aspection, fire investigation and advanced life support services 24 hours per day, 365 days per year, vithin 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 esponsibility whatsoever on the City to provide any specific types, kinds, or numbers of emergency ~ersonnel or apparatus at any fire station of the City, or at any emergency scene within the Town )oundaries at any specific time. The City will dispatch and assign the closest, appropriately staffed md available vehicle(s) to emergencies within the Town consistent with the level of resources tvailable to the City. (b) The parties hereto further understand and agree that a possibility exists that ~e City )f Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires and >ther public safety problems. In the event of a simultaneous occurrence of emergencies, the udgment of the Fire Chief of the City, or the senior Fire Department Officer on duty at the time, as :o which call should receive first priority response, shall be binding upon the parties hereto. If 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. -2- (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 eployment of any and all apparatus and equipment acquired by the Town for its use and to support tis Agreement during its term. (e) The Town officials, employees, residents and citizens shall not interfere with the irection, management and deployment of the City Fire Department, its personnel or equipment at ny 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 relative to hazardous naterial incidents as it provides to its own residents. The City's hazardous material response is governed by the Palm Beach ~ounty Regional Hazardous Materials Response Ordinance of 1998 "County Haz-Mat Ordinance' ), which is incorporated herein, and made a part hereof by reference. ~s set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or hreatened discharge of hazardous substances will be sought against the persons responsible for :ausing or allowing a discharge or threatened discharge. To the extent that costs are actually IoCUrred by the City in responding to a hazardous material incident within the corporate limits of the wn and the City (or the County on behalf of the City), using its best efforts, is unable to recover ch costs from the responsible persons'or the Federal Government in accordance with Section 7 of e County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and :onsumables, namely, chemical absorbents, hazardous materials vapor suppressions, chemical esting agents, and hazardous materials recovery dmms and/or other containers used by the City Fire ' )epartment. (i) The City is permitted to invoice residents of the Town for appropriate emergency nedical service fees under the same terms and conditions as those for residents of the City. SECTION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Town agrees to ?ay the City the sum of Two Hundred Thirty Thousand Dollars ($230,000.00) during each of the first md second years of this Agreement, payable in two equal, semi-annual installments on January 15, 1999, April 15, 1999, January 15, 2000, and April 15, 2000. -3- Commencing October 1, 2000, 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 mandates 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, 2000, and annuall'y before July 1 of each succeeding year of this Agreement, c e initial compensation payable by the Town to the City ($230,000.00) shall be adjusted effective tober 1, 2060, 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, 1999 and each successive fiscal year. (b) The term "Comparison Year" means each fisdal 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) el'he annual adjusted compensation commencing October 1, 2000 and for each succeeding year of this Agreement shall be determined by dividing the Comparison Year CPI by the c~aSe Year CPI and multiplying that sum by the amount of the initial annual compensation. (By way example, if the Base Year CPI is 150 and the Comparison Year CPI is 160, the annual adjusted mpensation shall equal 160/150 x $230,000.00 or $245,333.3 I) Adjusted compensation for fire rescue services shall be paid by the Town to the City in two equal 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 re~i, sting structures within the Town shall be charged directly to the owners of such new development, ' edevelopment, .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: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 -4- 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 City Fire Code, as amended from time to time, which adheres to the National Fire rotection Agency (N.F.P.A.) standards of Fire Rescue, shall apply within the Town's municipal mits. 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 eity shall remit false alarm charges to the Town. The Town shall notify alarm users of charges due, questing 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. Any Town resident who has paid fire alarm permit fees through the effective date of this e~fegreement is exempt from a new payment, provided however that all alarms installed after the ctive date of this Agreement shall be subject to the City's alarm permit requirements. 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 ay 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 Ali written roles and ~gulations, policies 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 eOWers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide fire scue services as authorized by Chapter 163, Florida Statutes. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. -5- 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, ~e Town 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 Town shall request the City Manager schedule the disputed matter to be heard at the next scheduled City Commission meeting. SECTION 9. 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 l~arty 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. 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 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 ~ther than those as to which it is held invalid or unenforceable, shall not be affected, and every other t~rm and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. -6- (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) This Interlocal Agreement represents the entire understanding of the parties, and supersedes all other negotiations, representations or agreements, either written or omi, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added t,), modified, superseded or otherwise altered, except by written instrument executed by the parties 1~ ereto. (f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the (:ity with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with Section 63.01 (11), Florida Statutes. -~---~TNESSES: Approved as to form and l~gal sufficiency: Rubin, Esq. ~.ssistant Town Attorney TOWN 'OF HYPOLUXO, FLORIpA Tow gITNESSES: Approved as to form and U:~LGRh~WI~OLUXOkAGRMTS~SC .BB CITY OF BOYNTON BEACH, FLORIDA Attest: ~ Clerk ' IIIIIIIIIillITTTT~' -7-