R05-103
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1 RESOLUTIONR05- f09
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND THE VILLAGE OF GOLF,
7 PROVIDING FIRE RESCUE SERVICES; AND
8 PROVIDING AN EFFECTIVE DATE.
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10 WHEREAS, the City Of Boynton Beach currently has an Interlocal
11 Agreement for Fire Rescue Services which has been in effect since October 1,
12 1998 with the Village of Golf; and
13 WHEREAS, the Village of Golf is interested in a ten (10) year cooperative
14 Agreement with the City of Boynton Beach; and
15 WHEREAS, the Interlocal Agreement provides for the Village of Golf to
16 pay the City $105,820.00 during the first year of the Agreement with an adjustment
17 formula provided for the second and subsequent years, ensuring a minimum of a
18 4% annual increase; and
19 WHEREAS, upon the recommendation of staff, the City Commission does
20 hereby approve the Interlocal Agreement between the City of Boynton Beach and
21 the Village of Golf, a copy of which is attached hereto and made a part hereof.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and
25 confirmed as being true and correct and are hereby made a specific part of this
26 Resolution upon adoption hereof.
27 Section 2. The City Commission does hereby authorize execution of
S:\CA\RESO\Agreements\lnterlocals\Village of Golf Fire Services Agr.doc
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1 this Interlocal Agreement between the City of Boynton Beach and the Village of
2 Golf, which Agreement is attached hereto and made a part here.
3 Section 2 That this Resolution shall become effective immediately
4 upon passage.
5 PASSED AND ADOPTED this ÆL day of June, 2005.
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7 CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\lnterlocalsWillage of Golf Fire Services Agr,doc
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R05-I03
INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN
THE VILLAGE OF GOLF BY THE CITY OF BOYNTON BEACH
a..- "
This Agreement, made and entered into thisd.1 day of ~2005
by and between the City of Boynton Beach, Palm Beach County, lorida, 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 presently does not maintain a Fire Protection and
Fire Rescue Department with firefighting and emergency medical equipment and
personnel, and desires the City to provide fire and rescue services to the Village;
and
WHEREAS, the City does presently maintain a Fire Protection and Fire
Rescue Department and 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 a mutual aid agreements with Palm Beach
County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue;
and
WHEREAS, the City and Village 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 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
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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 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, fire
rescue, and advanced life support within the municipal limits of the Village 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,
and fire investigation.
SECTION 2, TERM OF AGREEMENT
The term of this Agreement shall be for a period of ten (10) years
commencing October 1, 2005 and ending September 30, 2015, unless sooner
terminated as provided herein. This agreement shall be renewable for additional
predetermined 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 Village
throughout the term of this Agreement.
(a) This Interlocal Aqreement shall not be construed to impose any obliqation,
duty or responsibility whatsoever on the City to provide any specific types, kinds,
or numbers of emerqency personnel or apparatus at any fire station of the City,
or at any emerqency scene within the Villaqe boundaries at any specific time.
The City will dispatch and assiqn the closest, appropriately staffed and available
vehicle(s) to emerqencies within the Villaqe consistent with the level 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, In the event of a
simultaneous occurrence of emergencies, the judgment of the Fire Chief of the
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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. 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,
(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 Village of Golf.
(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 Village for its use and to support this Agreement during its term.
(e) The Village 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 Village shall report all street and road closures/openings to the
City Fire Department immediately, as well as report any hydrant and/or water
supply problems,
(g) The City assumes no responsibility for emergency preparedness
planning and program implementation for the Village.
(h) 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 governed 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
Government 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.
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(i) The City is permitted to invoice residents of the Village for appropriate
emergency medical 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 Village agrees to pay the City One Hundred Five Thousand Eight Hundred
Twenty Dollars ($105,820) during the first year of this Agreement, payable in two
equal, annual installments on January 15 and April 15.
Commencing October 1, 2006, 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 government 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, 2006 and annually before July 1 of each succeeding year of this
Agreement, the initial compensation payable by the Village to the City ($105,820)
shall be adjusted effective October 1, 2006 and as of October 1 of each
succeeding year of this Agreement. The annual adjusted compensation
commencing October 1, 2006 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.
Adjusted compensation for fire rescue services shall be paid by the Village to the
City in two equal installments annually on January 15 and Apri/15 throughout the
term of this Agreement.
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.
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):
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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 Cou ntry Road
Village of Golf, FL 33436
SECTION 6. CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be
amended, including NFPA 1 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
Village's 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 in this Agreement. The City shall remit false alarm charges to the
Village. The Village shall notify alarm users of 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,
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
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, policies and procedures of the City of
Boynton Beach Fire Rescue Department shall apply to the Village pursuant to
this Agreement.
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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 Statutes. The Village and City Councils (Commissions) 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.
If any legal action or other proceeding is brought for the enforcement of
this Agreement, the prevailing party will be entitled to recover from the other
party reasonable attorneys' fees and costs, including fees and costs incident to
appeals, incurred in that action or proceeding, in addition to any other relief to
which such party may be entitled.
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 party gives written notice to the
other party to terminate this Agreement anytime after October 1, 2007 and prior
to September 30, 2008 this Agreement shall be terminated on September 30,
2009.
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.
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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) This Interlocal Agreement represents the entire understanding of the
parties, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal 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.
(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.
(g) 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.
(h) 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.
(i) This Agreement represents the entire understanding of the parties, and
supercedes all other negotiations, representations, or agreements, whether
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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 WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
WITNESSES: VILLA ÿF
~ -Þ,)f2(uU/u1 _ A
Mayor
~Uc{ '7 " Attest~ fzÜ'~
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Village Clerk
Approved as to form and
Village Attorney
WITNESSES: CITY OF BOYNTON BEACH
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Approved as to form and Legal sufficiency:
J)~TIÅ-- ~ uÞS'
+ James Cherof
City Attorney
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