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R96-178 & ....... Boynton Beach 100 E. B/~ynton Beach Boulevard V' P.O. Box310 Boynton Beach, Florida 33425-0310 Cit~ ~aa{Z: (407) 375-6000 FAX: (407) 375..6090 ORB c7~:78 P~3 ! 670 Il l III I II ! II il I i I il I!i CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached copy Resolution No. R96-178 consisting of three (3) pages, and Exhibit "A' consisting of three (3) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida~ WITNESS, my hand and the corporate seal FLORIDA, this 17th day of December, 1996. of the CITY OF BOYNTON BEACH, Suz~nne M. Kruse, CMC-~AAE City Clerk December 17, 1996 mas\ s:\cc:\wp\certify America's Gateway to the Gulfstream RESOLUTION NO. R96-/~",~ a RESOLUTION Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager or her designated representative of the City of Boynton Beach, Florida, acting on and in behalf of the City, has pursuant to Section 10-5 of the Code of the City of Boynton Beach, found and determined that the condition of certain property or parcels of land as hereinafter described violates Section 10-2 and 10-3 of the said Code by reason of the existence of excessive growth of weeds, grass, vegetation or other noxious plants or other offensive sUbstance detrimental to the health and welfare of the residents of the City, thereby constituting a nuisance; and WHEREAS, the owners of the parcel of property hereinafter described were duly notified in accordance with Section 10-5 of the City Code and were required to abate the nuisance, as described in the notice to the owners within the prescribed period of time;-and WHEREAS, said nuisance was not abated as required; and WHEREAS, pursuant to and in accordance with the procedure set forth in Chapter 10 of the Code of the City of Boynton Beach, the City abated said nuisances; and WHEREAS, the City Manager has made a report of costs actually incurred O~ ~57~ P~ J672 by the City and abatement of said nuisance as to the property involved, which is hereinafter described NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The amount of costs incurred by the City and the abatement of the above described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" Subject amounts are hereby assessed as liens against said parcels of land as indicated, said liens as to said parcels of land shall be of equal dignity with the taxes therefrom for the year 1996, and shall be enforced and collected in like manner pursuant to applicable provisions of the law. In the event collection proceedings are necessary, the property owner shall pay ali costs of the proceeciings, including reasonable attorneys fees. Section 2. The City Clerk be and she is hereby directed to record a certified copy of this Resolution in the Office of the Clerk of the Circuit Court in ancl for Palm Beach County, Florida. Section 3. That such liens shall bear interest at the rate of eight (8%) percent per annum until fully paid. Section 4. That the City Clerk be and she is further directed to notify, by certified mail' the registered owners of the parcels of land named hereinabove, of the assessments of the liens on their property. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ORB 9~78 P~ ]67:3 _ day of December, 1996 ATTEST: /- City//C;lerk CITY OF BOYNTON BEACH, FLORIDA Vi~e May.~ / Commissioner Com~i~sioner RESOLUTION #R96-178 "EXHIBIT A" ORB PROPERTY CONTROL # 08-43-45-16-01-014-0290 08-43-4 5-16-01-016-0370 08-43-45-16-01-016-0380 08-43-45-16-01-016-0420 LIEN # CEB # INVOICE # TOTAL AMOUNT DUE PROPERTY DESCRIPTION 96-102 95-5080 18277 $155.00 Rolling Green Ridge 1st Addn block 14, lot 29 96-103 95-4460 17859 $155.00 RoHingGreenRidge 1st Addn b~oek 16, iot37 96-104 95-4459 17858 $155.00 Rolling GreenRidge 1st Addn block 16,1ot38 96-105 95-4110 17875 $155.00 Rolling GreenRidge 1st Addn block 16,1ot42 PROPERTY OWNER AND MAILING ADDRESS Catherine Meyer % Carol R Mayer 6627 70th St Middle Village NY 11379 RPI MGMT CORP P O Box 110637 Miami FL 3311 Clifford E I1 & Saundra Brady 325 NE 15th Ct Boynton Beach FL 33435-2736 08-43-45-16-01-017-0410 96-106 95-5081 18279 $155.00 CMG HOMES CO 7 Bahia Lane West Palm Beach FL 33406 Rolling Green Ridge 1st Addn block 17, lot 41 08-43-4S-20-07-000-0041 96-107 95-4556 17860 $15~00 Laurel Hffis lot4.1 JJ & Marie Vyhanek P O Box 294 Frankfort IL 60423 Citicorp North American Inc. % Steel Et Al 200 Biscayne Blvd Miami FL 33131-2310 08-43-45-.21-14-000-1441 08-43 -45-21 - 14-000-2690 08-43-45-21-14-000-3000 08,43-45-21-14-000-3260 08-43-45-21-14-000-3530 08-43-45-21-20-002-0220 08-43-45-21-20-003-0100 08-43-45-21-23-000-0070 96-108 95-3561 17853 $205.00 Cherry Hills lot 144.1 96-109 95-4670 17882 $155.00 Cherry Hills Iot269 96-110 95-4669 18272 $255.00 Cherry Hills lot300 96-111 95-4666 17881 $155.00 Cherry HiHs 1ot326 96-112 95-4652 17880 $155.00 Cherry HiHs Iot353 96-113 95-4788 18275 $155.00 Happy Home Heights block 2,1ot22 96-114 95-4794 18276 $155.00 Happy HomeHeigh~ block3,1otl0 96-115 95-4735 18274 $155.00 Meeks&Andrews Addn lot7 ORB Vincent & Rubin Clinton 1517 SW 3rd Ct Delray Beach, FL 33444 Lauren Riel 5316 NE 14th Ave Lighthouse Point FL 33064 Marvin Bell Box 294 Boynton Beach FL 33435 Rubie D' Henry P O Box 3221 Boynton Beach FL 33424 NI Meats Inc 17120.Jupiter Farms Rd Jupiter FL 33478 Ola G Coleman 421 NE 28th Ct Boynton Beach FL 33435 Albert Coleman 210 NE 13th Ave Boynton Beach FL 33435 William Morrow 75 NE 6th Ave Delray Beach FL 33483 08243-45-21-29-003-0020 96.-116 95-3720 17856 $155.00 Arthur Algonas & D Schreck 76 NE 6th Ave #106 Delray Beach FL 33483 08-43-45-28-12-017-0050 08-43-45-29-02-000-0044 Sheppard Addn To Town block 3, lot 2 96-117 95-4551 17879 $155,00 Bowers Park block 17, lot 5 96-118 95-3615 18271 $155.00 S/D of 29-45-43 IN Auguste Dieujuste 121 SW 4th Ave Delray Beach FL 33444 Edwin Nelson and Robert Keating ~]~,~ 120 US Hwy 1 Ste 200 Tequesta, FL 33469 disc/merge/datexa ! r zR 1 IC(9i/i;(1, , , , , ._ ,„ . , l , ,,, ,, F k FIRE - RESCUE INTERLOCAL EMERGENCY SERVICES AGREEMENT FOR GOVERNMENTAL AGENCIES IN PALM BEACH COUNTY a- 9 � /1/d E / p,o/v ,9 /X # No r Co Ai.olLE% ,--e'67/el,,; INTERLOCAL EMERGENCY SERVICES AGREEMENT Table of Contents PAGE Paragraph # 1 AUTHORITY; GENERAL RESPONSIBILITIES; CONDITIONS PRECEDENT 6 Paragraph # 2 DEFINITIONS 7 Paragraph # 3 APPARATUS EQUIPMENT AND ACCESSORIES 8 Paragraph # 4 NEW EQUIPMENT ACQUISITION 9 Paragraph # 5 CHANGE IN OR DELETION OF EQUIPMENT 9 Paragraph # 6 STAFFING 10 Paragraph # 7 COMMUNICATIONS 10 Paragraph # 8 RESPONDING PARTY /REQUESTING PARTY 11 Paragraph # 9 RESPONSE TO REQUEST FOR ASSISTANCE 11 Paragraph # 10 OFFICIAL REQUEST 11 Paragraph # 11 REQUEST FOR ASSISTANCE; INFORMATION 12 Paragraph # 12 JUSTIFIED FAILURE TO RESPOND 12 Paragraph # 13 INDEMNIFICATION 13 Paragraph # 14 DAMAGE TO EQUIPMENT 13 Paragraph # 15 MATERIALS AND SUPPLIES 13 Paragraph #I6 CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE 14 Paragraph # 17 REQUESTS FOR ASSISTANCE LIMITED 14 INTERLOCAL EMERGENCY SERVICES AGREEMENT Paragraph # 18 PRIORITY FOR SIMULTANEOUS CALLS 14 Paragraph # 19 PRIOR COMMITMENT OF EQUIPMENT 15 Paragraph # 20 PRIORITY FOR SUBSEQUENT CALL 15 Paragraph # 21 AMENDMENTS 16 Paragraph # 22 ADMINISTRATIVE BODY 16 Paragraph # 23 TASK FORCES 17 Paragraph # 24 PRIORITY OBJECTIVES 17 Paragraph # 25 DISPUTES, DISAGREEMENTS AND GRIEVANCES 17 Paragraph # 26 INTERPRETATIONS 17 Paragraph # 27 EFFECTIVE TERM 17 Paragraph # 28 TERMINATION 18 SIGNATURE PAGE 19 APPENDIX A LIST OF PARTICIPANTS AND APPARATUS LISTING INTERLOCAL EMERGENCY SERVICES AGREEMENT THIS INTERLOCAL AGREEMENT for emergency aid and assistance is made and entered into in Palm Beach County, Florida, as of this day of 199, pursuant to the provisions of Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969" as amended, by and between the various parties executing this agreement, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies shall have in common and which each might exercise separately; and; WHEREAS, it is the design, purpose and intention of the parties hereto to permit said parties, individually and collectively, to make the most efficient use of their respective powers, resources and capabilities by cooperating in the use of their respective powers, resources and capabilities in regard to fire, heavy rescue, emergency medical services, and related logistical, strategic and administrative support, communications services, weather emergencies and disaster relief functions and, on a basis of mutual advantage, to provide services and facilities in a manner most consistent with the geographic, economic, demographic and other factors influencing their respective needs and the development of their respective and joint communities; and WHEREAS, each party hereto maintains a Fire Department, Fire - Rescue Department or Public Safety Department with trained emergency service personnel and related apparatus and equipment; and WHEREAS, at times, one of the parties hereto may have fire fighting, rescue, emergency medical service, disaster relief and related demands made upon its equipment or personnel, or A INTERLOCAL EMERGENCY SERVICES AGREEMENT both, greater than the capacity of the equipment or personnel available within its own jurisdiction; and WHEREAS, during those events which cause demands greater than the capacity of the equipment or personnel resources available to a party hereto, it would be advantageous to that party to have available to it the equipment or personnel, or both, of one or more of the other parties for backup purposes, direct assignment to an active incident, or the management of a disaster, and WHEREAS, the parties hereto acknowledge that said emergency events and disasters occur without prior warning, without a set pattern or frequency and without regard to life, limb or property; and WHEREAS, the parties hereto further recognize that there is a great mutual advantage in providing, prior to any emergency operation or disaster, for mutual and/or automatic aid and assistance, planning, deployment analysis and projections, mutual backup and cooperative use of the resources available among the affected parties, in order that lives and property may be saved; and WHEREAS, said mutual and/or automatic aid, and other cooperative use of resources benefits all directly or indirectly concerned; and WHEREAS, it is the intent of the parties to this Agreement to provide for mutual aid in general, automatic aid in specific instances when agreed to between the participating parties, and special operations when authorized by supplemental agreements, to improve efficiency or for unforeseen emergencies beyond the normal capabilities of a single party. INTERLOCAL EMERGENCY SERVICES AGREEMENT WHEREAS, It is not the intent of the parties that the mutual aid aspect of this agreement subsidize normal day - to-day operations of another participating party; and WHEREAS, participation in this agreement shall not diminish any existing local government's process or power, NOW, THEREFORE, in consideration of the premises and mutual covenants and promises contained herein, and other good and valuable consideration, the receipt of which and the adequacy of which are mutually acknowledged, with all parties accordingly waiving any challenge to the sufficiency of such consideration, it is mutually covenanted, promised and agreed by the parties hereto as follows: 1. AUTHORITY: GENERAL RESPONSIBILITIES; CONDITIONS PRECEDENT: This Interlocal Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, commonly known as the "Florida Interlocal Cooperation Act of 1969 ", and all provisions of said act are made a part hereof and incorporated as if set forth at length herein, including, but not limited to, the following specific provisions; as well as the apparatus, staffing, dispatch, response and communication system standards as hereinafter enumerated: (a) All of the privileges and immunities and limitations from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of the parties hereto when performing their respective functions within their respective territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under the provisions of this Interlocal Agreement. 6 INTERLOCAL EMERGENCY SERVICES AGREEMENT (b) This Interlocal Agreement does not and shall not be deemed to relieve any of the parties hereto of any of their respective obligations or responsibilities imposed upon them by law, except to the extent of the actual and timely performance of those obligations or responsibilities by one or more of the parties to this Agreement, in which case performance provided hereunder may be offered in satisfaction of the obligation or responsibility. (c) Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the State, County, or Municipal Officers. (d) As a further condition, the following minimum apparatus, personnel and response _ standards must be met by all parties to this agreement: (1) Apparatus - At least one, triple combination pumper with a capacity of at least 1,000 G.P.M., with 400 gallon minimum tank size, and 1,200 feet of 2 1/2 or larger fire hose and other equipment specified in Paragraph 3, shall be provided by every party hereto. (2) Staffing - As specified in Paragraph 6. (3) Dispatch time frame - Dispatch of apparatus and personnel will be completed and confirmed within five (5) minutes of receipt of request for assistance. (4) Response time frame - Apparatus and personnel will be enroute within two (2) minutes of being dispatched following receipt of request for assistance. (5) Communication system access - As specified in Paragraph 7. 2. DEFINITIONS ADVANCED LIFE SUPPORT (A.L.S.) shall mean emergency medical services as defined by 401.23, Florida Statutes. AUTOMATIC AID shall mean supplementary assistance provided to one or more parties to this Agreement by another party by separate Agreement or Resolution. BASIC LIFE SUPPORT (B.L.S.) shall mean emergency medical services as defined by 401.23, Florida Statues. EMERGENCY AID AND ASSISTANCE shall mean the full scope of fire and emergency medical services, except those exempted by this Agreement. 7 INTERLOCAL EMERGENCY SERVICES AGREEMENT EMERGENCY MEDICAL SERVICES (E.M.S.) means the activities or services to prevent or treat a sudden critical illness or injury and to promote pre - hospital emergency medical care for the sick and injured. EMERGENCY MEDICAL TECHNICIAN means a person providing emergency medical services as defined by 401.23, Florida Statutes. ENGINE/PUMPER shall mean a pumping apparatus meeting the requirements of National Fire Protection Association Standard 1901. FIRE CHIEF shall also mean "Fire Administrator, Fire Director, Director of Emergency Services or Public Safety Director. FIRE FIGHTER shall mean a person who is certified by the State of Florida under Florida Statute, Section 633.35, as amended, and possessing either a valid Certificate of Tenure, Compliance or Completion of FireFighting Minimum Standards. INCIDENT COMMAND SYSTEM shall mean the procedures adopted by the Fire Chiefs Association of Palm Beach County for emergency incident management. INCIDENT COMMANDER shall mean the person at the scene of an emergency incident who is designated to command the incident. MUTUAL AID shall mean mutual and reciprocal aid and assistance between two or more parties to this agreement. PARAMEDIC means a person providing emergency medical services as defined by 401.23, Florida Statutes. PROTOCOLS shall mean the standing orders and procedures utilized by E.M.S. personnel to render both A.L.S. anbd B.L.S. care and treatment. QUINT shall mean a pumper /aerial apparatus meeting the requirements of both National Fire Protection Association Standards 1901 and 1904. SPECIAL OPERATIONS shall mean response to, and mitigation/management of hazards relating to hazardous materials incidents, high angle rescue, confined space rescue, and water rescue operations. TRUCK/AERIAL shall mean an aerial ladder apparatus meeting the requirements of National Fire Protection Association Standard 1904. 3. APPARATUS, EQUIPMENT AND ACCESSORIES: It is agreed that at the time of the execution hereof each party represents that it has the apparatus listed in Appendix A, and that said apparatus is in good working order and condition. Only the equipment listed in Appendix A, as supplemented pursuant to paragraph 4 of this Agreement, shall be subject to this Agreement. In addition to the specifically described major pieces of apparatus listed, said apparatus shalt be 8 INTERLOCAL EMERGENCY SERVICES AGREEMENT deemed to include all normal appliances, tools, accessories and portable equipment associated therewith and normally contained thereon as recommended by the basic required equipment described in the latest editions of National Fire Protection Association Standards No. 1901 and/or 1904, as applicable, and the required equipment specified by the State of Florida, Department of Health and Rehabilitative Services, Division of Emergency Medical Services, in Chapter 10D -66, Florida Administrative Code, for Advanced and Basic Life Support Units, as amended from time to time, as applicable. 4. NEW APPARATUS, EQUIPMENT AND ACCESSORIES ACQUISITION: Upon the acquisition of new apparatus, said apparatus, upon being placed in service, shall, without formal amendment hereto, be deemed included in Appendix A. The party acquiring such new apparatus shall notify the Administrative Board, in writing, of the acquisition of new apparatus as soon as the equipment is placed in service and deployed. The Administrative Board shall subsequently advise all parties to this agreement, in writing, of the acquisition of the new apparatus by publishing and distributing a revision to Appendix A. 5. CHANGE IN OR DELETION OF APPARATUS. EQUIPMENT OR ACCESSORIES: Nothing herein shall prohibit, any party from the free disposal or modification of any of its apparatus, equipment or accessories, or from temporarily placing all or part or a major part of its apparatus out of service for the purpose of training, maintenance or repair of the same. However, should any party actually or effectively dispose of, or eliminate fifty percent (50 %) or more of its apparatus without immediate replacement, said disposal shall be reported immediately to the Administrative Board and, then, at the option of the other parties hereto, as determined by a majority vote of the Administrative Board, this Agreement may be conditionally terminated. A conditional termination shall take effect only if the party whose participation is being terminated fails to bring its designated in service, active equipment up to the level specified in the notice of conditional termination within the time limit set forth in the notice by the Administrative Board. 9 INTERLOCAL EMERGENCY SERVICES AGREEMENT Such termination shall be in writing and shalt not take effect until the Administrative Board has served written notice upon the City Manager, County Administrator, Chief Administrative Officer, Mayor or City/Town Clerk of the party whose participation is to be terminated. 6. STAFFING: All responding vehicles shall be staffed by the party responding to a mutual or automatic aid request. Staffing shall be a complement of a minimum of three (3) Fire Fighters for each Engine and three (3) Fire Fighters per Truck, Aerial or Quint, and staffing as required by Chapter 401, Florida Statutes, as amended, for each emergency medical service unit, as well as appropriately trained personnel for support equipment as may be requested. It is understood that if additional staffing or personnel are on duty, called for duty, or available for the emergency duty in question, then said additional personnel shall be provided for this purpose. 7. COMMUNICATIONS: Recognizing that radio communication is necessary to successfully provide fire fighting, emergency medical service, or disaster related assistance, the parties agree to provide the capability to access the following radio frequency(s): F.C.C. Radio /Call Sign - KLL578 FREQUENCY(S) DESIGNATION/USE 154.265 Mutual Assistance (a) This channel will be restricted to use by command personnel only as described in Paragraph 10. (b) Compliance with this section of the Agreement shall be the responsibility of each party within one (1) year of their execution of the Agreement. 10 INTERLOCAL EMERGENCY SERVICES AGREEMENT 8. RESPONDING PARTY/REQUESTING PARTY: "Responding Party' shall mean the party which shall furnish or be requested to furnish apparatus, equipment, and /or personnel, in response to the request of the party within whose jurisdiction the emergency necessitating such assistance occurs, which second party shall be known as the 'Requesting Party ". 9. RESPONSE TO REQUEST FOR ASSISTANCE: The parties hereto, mutually agree to respond to mutual aid fire, emergency medical service, emergency or disaster calls, or requests of the other with their respective apparatus, equipment and associated personnel as herein _ above described, when requested to do so by the Requesting Party, subject to the terms, conditions and understandings contained in this agreement and within the limits of good Fire Department practice and procedure, and further, the parties hereto, who have mutually agreed to assist each other by means of automatic aid and /or special operations responses in addition to mutual aid responses, agree to respond to the request for assistance with pre - determined apparatus, equipment and personnel within limits of Fire Department practice and procedure. 10. OFFICIAL REQUEST: The following officials of the Requesting Party are authorized to request mutual and /or automatic assistance from the Responding party pursuant to this Agreement, (a) Fire Chief, Deputy or Assistant Fire Chief(s) or (b) The Senior Officer in Charge /Command of the Requesting Party's Fire Department, Fire - Rescue Department or Public Safety Department; or (c) the Incident Commander in charge of an incident in progress. 11 INTERLOCAL EMERGENCY SERVICES AGREEMENT 11. REQUEST FOR ASSISTANCE INFORMATION; The officer described in Paragraph 10 above requesting mutual or automatic aid shall give the following information at the time that the request for such assistance is made: (a) The general nature and type of emergency; (b) The location of the emergency and /or the Fire Station to be filled by responding resources; (c) The life or property hazard involved and the type of equipment and /or number of personnel requested; (d) Street routing information when necessary The initial request for assistance shall be transmitted by radio, telephone or other reliable method to the appropriate dispatch /communications center of the Responding Party. 12. The Responding Party shall not be liable or responsible in any regard whatsoever for the Responding Party's failure to respond to such call. 12 13. INDEMNIFICATION; Each party shall bear its own responsibility and may only be liable for any claims, demands, suits, actions, damages and causes of action arising out of those actions resulting from that party's travel to or from it sown or a Requesting Party's emergency or disaster site, or while deployed pursuant to this Agreement, and no indemnification or hold harmless agreement shall be in effect concerning such claims, demands, suits, actions, damages and causes of action. 14. DAMAGE TO EQUIPMENT; The Requesting Party shall replace, repair or reimburse the Responding Party for the actual cost of replacement or repair of any of the Responding Party's apparatus, tools, mechanical equipment or personal protective equipment which may be damaged or destroyed while at the Requesting Party's emergency or disaster site unless such damage or destruction is solely the result of errors, negligent acts or omissions of the Responding Party or any of its agents, employees or officials. 15. MATERIALS AND SUPPLIES; The Requesting Party shall, at the option of the Responding Party, either replace or reimburse the Responding Party for the actual cost of all materials and supplies such as foam, dry chemicals, extinguishing agents, disposable protective garments and related equipment, medical supplies and consumables used for the benefit of patients at the emergency site or disaster, consumed, expended or utilized by the Responding Party in the course of rendering assistance pursuant to this Agreement while at the Requesting Party's emergency or disaster site. 13 INTERLOCAL EMERGENCY SERVICES AGREEMENT 16. CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE: Once the Responding Party reaches the Requesting Party's emergency or disaster site, the Parties agree that the Requesting Party's Incident Commander shall direct the activities and deployment of personnel and equipment in the area where the emergency exists. Control of each Respective Party's personnel shall remain with each respective party as to the rendition of service, standards of performance, discipline of officers and employees and other matters incident to the performance of services by the Responding Party's personnel. The officer in command of the personnel of the Responding Party shall not be obligated to obey any order which said officer _ reasonably believes to be either in violation of the laws of the State of Florida, the United States of America, or any order which said officer believes will unnecessarily result in the likelihood of unreasonable risk of death or bodily injury to the agents, officers or employees of the Responding party, or in a loss of or damage to the Responding party's equipment. All parties to this agreement stipulate that they will utilize the "Incident Command System" adopted, and from time to time revised, by the Fire Chiefs Association of Palm Beach County for all appropriate operations covered by this agreement. 17. REQUESTS FOR ASSISTANCE LIMITED: A party may request assistance pursuant to this agreement only when the site of the emergency or disaster causing such a need is within the jurisdictional limits of the Requesting Party, or is within a jurisdiction which is served by a party to this Agreement pursuant to an interiocal service agreement or contract between two or more governmental agencies. 18. PRIORITY FOR SIMULTANEOUS CALLS: In the event of simultaneous or nearly simultaneous fire, rescue, emergency or disaster calls relating to emergencies located within both a Requesting and a Responding Party's boundaries, the call relating to the emergency located within the boundaries of a party shall take priority over the request for assistance from the Requesting Party. 14 INTERLOCAL EMERGENCY SERVICES AGREEMENT 19. PRIOR COMMITMENT OF EQUIPMENT: In the event that a Responding Party's equipment and personnel are already assigned or committed to an emergency located within Responding Parties limits, said equipment and personnel shall not be released to respond to the emergency call of the Requesting Party until such time as, in the sole and absolute discretion of the officer in charge of the Responding Party's Fire Department, it is determined that the Responding Party's equipment and personnel can be released to respond to the Requesting Party's request for assistance. Only that portion of the Responding Party's equipment and personnel as the Officer _ in Charge of the Responding Party's Fire Department shall deem available for release at that time shall be released to the Requesting Party's emergency or disaster site. 20. PRIORITY FOR SUBSEQUENT CALLS: In the event that the Responding Party's equipment and personnel are assigned to a location within the Requesting Party's Jurisdictional limits and an emergency call relating to a fire, rescue, emergency or disaster occurring within the Responding Party's boundaries is received, the Requesting Party shall, immediately upon being notified by the Responding Party's officer in command at the site of the Requesting Party's emergency of such circumstances, request such additional outside assistance from other parties to this agreement, as would timely and effectively permit the release of the Responding Party's equipment and personnel so as to enable same to timely respond to the Responding Party's emergency call site or, if same is not practical or feasible, the Requesting Party agrees that the Responding Party shall be permitted to immediately leave the emergency or disaster site within the territory of the Requesting Party and respond to the fire, rescue, emergency or disaster site within the Responding Party's territory. In any event, should the officer in command of the Responding Party's fire department require that its equipment and personnel return to an emergency site within its boundaries in response to a fire, rescue, emergency or disaster call, the parties agree that the Responding Party has the absolute right to immediately return to the emergency site within its jurisdictional limits. 15 INTERLOCAL EMERGENCY SERVICES AGREEMENT 21. AMENDMENTS (a) An amendment to this Agreement may be initiated by any party to the agreement, however, said amendment must be presented to the Administrative Board for consideration, deliberation, determination and action and approval. (b) All parties hereby agree to submit to their legislative bodies for final approval, additions to _ and deletions from this agreement which have been approved by a two- thirds vote of the Administrative Board. (c) Approval of such proposed amendments by two- thirds of the participating agencies' legislative bodies shall make such amendments effective, and shall be binding upon all parties continuing to participate in this agreement. (d) Amendments hereto shall be filed with the Clerk of the Circuit Court of Palm Beach County. 22. ADMINISTRATIVE BOARD: (a) The Administrative Board shall consist of the Fire Chief from each of the participating jurisdictions. The Administrative Board shall have the authority to adopt rules of procedure for conducting meetings and for ruling upon disputes, disagreements, grievances and other matters to be determined by the Administrative Board pursuant to this Agreement. (b) No party to this Agreement shall in any manner be obligated to pay any debts or liabilities arising as a result of any action of the Administrative Board. (c) The Administrative Board members have no authority or power to obligate the parties in any manner, except that the Administrative Board shall have the power to suspend any party's further participation for non - compliance with any provisions of the Agreement. 16 INTERLOCAL EMERGENCY SERVICES AGREEMENT 23. TASK FORCES: The Administrative Board may organize various task forces as it deems appropriate. Task forces shall be assigned specific topics for research and development. Recommendations from task force(s) shall be forwarded to the Administrative Board upon completion of assigned work. 24. PRIORITY OBJECTIVES: In the interest of uniformity and cost effectiveness it is hereby understood and agreed that task forces will initially be formed by the Administrative Board to _ address the following topics: Incident Command; Training; Facility Location Planning; Communications; Joint Purchasing; and Equipment Specifications and Standardization. 25. DISPUTES. DISAGREEMENTS AND GRIEVANCES: Disputes, disagreements or grievances which cannot be voluntarily resolved by the parties directly involved shall be resolved by the Administrative Board by majority vote, whose decisions in such matters shall be final and binding upon all parties. 26. INTERPRETATIONS: The Administrative Board shall be the final authority on interpretations of this Agreement. However, this Agreement is not intended to prohibit or restrict any of the parties from seeking relief of disputes through the courts. This Agreement shall be construed by and governed by the laws of the State of Florida. 27. EFFECTIVE TERM: This Agreement shall take effect immediately upon its proper and complete execution by each Party and upon the filing of a copy of the same with the Clerk of the Circuit Court in and for Palm Beach County, and shall remain in full force and effect uless otherwise terminated pursuant to Paragraph 5 or 28. 17 INTERLOCAL EMERGENCY SERVICES AGREEMENT 28. TERMINATION: Except in the case of termination under Paragraph 5, this Agreement may be terminated upon forty -five (45) days written notice given by any party to the Administrative Board who shall within fifteen (15) days, serve written notice to all parties through their respective Clerk or Chief Administrative Officer. 18 INTERLOCAL EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into and executed the /f- /I day of - '"�� "�,.Csc ' , 1994. WITNESSES: CITY, TOWN, VILLAGE OR COUNTY OF //km ,,eA / n be:/- „i '�� '(iL'L t fit c GiLc Mayor /GFioifperson - 6.1 GJ/ ry o - .Qos%v/rd.,/ by — CITY, T 1AMQ, ILLAGF.2R TY Manag dministrrter (CORPORATE SEAL) ATTEST: Clerk App . ed as o form: ' 2 Cie illage, Tow or • ounty Attorney STATE OF FLORIDA: COUNTY OF PALM BEACH: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared r• /+a r 1 n; n9 <,nd S z q nn E_ NI Kruc4, Mayor, -Eity Manager and City Clerk, respectively, of the City of 130ynt4,-, 8(4c,11, Florida, a municipal corporation of Florida, and acknowledged they executed the foregoing Agreement as the proper officials of the City of 13nyntor) , and the same is the act and deed of the City of Rnynfinn J2Pci&In . THE FOREGOING, I have set my hand and official seal at xa re) f � �a t -h , In the State and County aforesaid on the 1 " day of 4>ec.,ember" , 19 (SEAL) *."‘ ........, EVE EUBANKS MY COMMISSION M CC276705 EXPIRES Notary Public , Apnl 5, 1997 ry w. F ' BONGED THfiU TROY IAN irk LA LE IN(: My Commission Expires: 1 9 INTERLOCAL EMERGENCY SERVICES AGREEMENT APPENDIX A - List of Participants and Apparatus Listing 20