R98-023RESOLUTION NO.
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 FOR
EMERGENCY SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND THE CITY OF DELRAY
BEACH, PROVIDING FOR MUTUAL ASSISTANCE AND
AUTOMATIC AID, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, each of the parties to this Agreement presently maintains a
Fire-Rescue Department with fire rescue equipment, fire fighting personnel,
emergency medical equipment, emergency medical personnel, and other
emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this
Agreement providing for mutual assistance/automatic aid in times of emergency
where the .need created may be too great for either party to deal with unassisted
or where a closest unit response is agreeable and in the public interest; and
WHEREAS, Section 163.01, Flodda Statutes authorizes local
governments to cooperate with .other localities on the basis of mutual advantage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, 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 for Emergency Services between the City of Boynton Beach and the
City of Delray Beach, providing for mutual assistance and automatic aid, said
Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of February, 1998.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ /jr
Vice~ .ayor
Commissioner
Cig Clerk
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EMERGENCYSER~CESAGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
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THE CITY OF DELRA Y BEACH AND THE CITY OF BOYNTOI-l BEACH
TillS AGREEMENT is made and entered into this ~ day of~ ,19~, by and
between The City of Delray Beach, a Florida municipal corporatio~ by and through its City Commission
and the City of Boynton Beach, a Florida municipal corporation.
\YHEREAS, each ofth~ parties to this Agreement presently maintains a Fire-Rescue Department
with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical
personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for either
party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and
WHEREAS, Section 163.oJ, Florida Statutes, known as the "Florida InterlocaJ Cooperation
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Act of 1969", authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the DeedS and
development oflocal communities.
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NOW, THE~FORE, it is agreed by and between the parties that each v.ill render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
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Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be
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given when properly requested so long as rendering the aid and assistance requested will not place the
assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following
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information at the time the request is made:
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a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications center, The
following officials of the p~rticipating parties are authorized to request aid and assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Representative and Contract Monitor: The City of Delra)' Beach's representative
and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations,
whose telephone number is 561-243-7400. The City of Boynton Beach's representative and contract
monitor during the performance of this agreement shall be the Deputy Chief of Administration, whose
telephone number is 561-375-6333,
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Section 3. Command Authority: In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant
or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the enlergency
exists, but personnel responding to the call \-vill remain under the corrulland of their own officers at all
times. Each party shall retain control over its personnel and the rendition of services, standards of
performance, discipline of' officers and employees, and other matters incidmtal to the performance of
services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when
the Fire Chiefs have determined that improved response times or other forms of efficiency within their
respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to
promulgate necessary administrative regulations and orders to implement and administer these plans and
procedures.
Section 4, Ability to Respond: Each party may refuse to respond to a request for aid/assistance in
the event it does not have the required equipment available or if, in its sole judgment, compliance with the
request Would jeopardize the protection of its own jurisdiction,
SectionS, Employee Functions: No employee of either party to this Agreement shall perfonn any
function or service which is not within the employee's scope of duties as defined or detennined by his
employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall,
in connection with this Agreement or the perfonnance of services and functions hereunder, have a right to
or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee
rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity
by whom they are employed, No employee of either party shall be deemed the employee of the other, for
any purpose, during the perfonnance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective
officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or
omissions of the other. Further, .nothing herein shall be construed as a waiver of sovereign immunity.
Section 8. Liability for Injury: All tile ptivileges and immunities from liability, exemptions from
law, ordinance and rules, and all pensions and relief, disability, workers compensation and other benefits
which apply to the activity of the officers or employees of either party when performing their respective
functions, within the territoriallirnits for their respective agencies, shall apply to tlle same degree and extent
to the performance of such functions and duties extraterritorially, Liability for injury to personnel, and for
loss or damage of equipment, shall be borne by the party employing such personnel, and owning or
possessing such equipmcJlt.
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Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual
assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that
certain e.xpendable supplies including, but not limited to, foam, bazmat suits, containment barrels, or other
specialty products ",ill be replaced by the agency requesting assistance, at the sole discretion of the agency
rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request
reimbursement for any expenditure of goods or services directly from the persons, parties, or company
involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the
employing party. All rost ofmaint.mance and upkeep of equipment shall be borne by the party owning or
possessing the equipment.
Section 10. Effective Date and Term: This Agreement shall take effect upon execution by both
parties and shall remain in full force and effect for a period of no less than five (5) years, expiring on
September 30, 2002, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days
prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall
exchange Capital Improvement Plans indicating projected locations and anticipated
time frames for construction of future fire stations ",ithin their respective jurisdictions and/or service areas.
It is understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13, Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in
part, its rights, duties, or obligations ",ithout the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in the
terms or conditions of this Agreement shall be effective unless contained in a written document executed
with the same formality and equality of dignity here",ith,
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the
parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating
to this Agreement. This agreement is separate and distinct from the Fire-Rescue Interloca1 Emergency
Services Agreement for Governmental Agencies in Palm Beach County.
Section 16. Equal Opportunity: Each party represents that it ",ill not practice discrimination as it
relates to the performance of this agreement on the ba~is of race, sex, sexual orientation, color,
religio~ disability, age, marital status, national origin or ancestry.
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Section 17. Annual Appropriations: Each party's performance and obligation under this
Agreement is contingent upon on annual budgetary appropriations by its respective governing body for the
purposes hereunder,
Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State
of Florida, Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
County,
Section 19. Records: Each party shall maintain all records pertaining to the services delivered
under this Agreement for a period of at least three (3) years.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the
parties, and the resulting document shall Dot, solely or as a matter of judicial constraint, be construed more
severely against one of the parties than the other,
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation
. of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the
other party. Each party will cooperate when appropriate and where possible with the other in the defense
of any Jawsuit, action, or legal proceeding arising out of, or related to, the aid or assistance rendered under
this Agreement. Each party shall be responsible for its own legal costs and expenses,
Section 12. Notices: All written notices required under this Agreement shall be sent by certified
mail, return receipt requested, and if sent to The City of Delray Beach shall be mailed to:
Fire Chief
Delray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, FL 33444
and if sent to the City of Boynton Beach shall be mailed to:
Fire Chief
Boynton Beach Fire Rescue
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Each party may change its address upon notice to the other.
SeCtiOD 23, Captions: The captiCJns and section designations herein set forth are for convenience
only and shall have no substantive meaning.
Section 24, Filing: A copy of this Agreement shall be filed .....ith the Clerk of the Circuit Court in and
for Palm Beach County.
05/12/98 TUE 02:56 FAX 561
3774
CITY CLERK
IN WITNESS WHEREOF, the undersigned parties have
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ORB 10270 Pg 765
OOROTHY H. WILJ<EN, ClERK PB cwm, FL
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Caused these presents to be signed by their duly authorized officers 00 the day and year first written above.
ATTEST:
By:
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Sue Kruse
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: f 7 # ;/
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Michael 1. Pawelczyk
Assistant City Attorney
A TIEST:
By:
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Uv Allison Harty
V City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
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David Tolces
Assistant City Attorney
s:\v.inword\mutaid
CITY OF BOYNTON BEACH, FLORIDA, BY IT~
CITY COMMISSION
By:
Gerald Taylor
Mayor
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CITY OF DELRA Y BEACH, FLORIDA, BY ITS
CITY COMMISSION
(SEAL)
CITY OF BOYNTON BEACH
MEMORANDUM
FROM:
Sue Kruse, City Clerk
Michael J. Pawelczyk, Assistant City AttnrneY~
Emergency Services Agreement for Mutual Assistance and Automatic Aid
between the City of Boynton Beach and the City of Delray Beach
TO:
RE:
DATE:
May 21, 1998
Attached hereto is a copy of the above-referenced agreement, fully executed by
all parties. Please maintain in the City's records. Should you have any questions, do
not hesitate to contact me.
Encl.
MJPjal
cajdeptsjfire/Delray Beach Interlocal memo
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FIRE DEPARTMENT
SERVJNG DELRAY BEACH ·
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GULFst1t.EAM · HIGHLAND BEACH
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
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May 13, 1998
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William Bingham, Fire Chief
Boynton Beach Fire Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Subject: Emergency Services Agreement for Mutual Assistance and Automatic Aid
Dear Chief Bingham:
Enclosed you will find a copy of the Emergency Services Agreement for Mutual
Assistance and Automatic Aid between the Cities of Delray Beach and Boynton Beach
which has been fully executed and recorded by the Clerk of the Court.
Thank you for all of your assistance in this matter and if you have any questions,
please do not hesitate to contact me.
Sincerely,
!frL~
~hn Tomaszewski
Assistant Chief
cc: Robert B. Rehr, Fire Chief
Enclosure: Emergency Services Agreement
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper