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R09-114 1 RESOLUTION NO. R09-' /4 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 AND DIRECTING THE MAYOR AND CITY CLERK TO 6 EXECUTE THREE (3 ) FIRE RESCUE MUTUAL AID 7 AGREEMENTS BETWEEN THE CITY OF BOYNTON 8 BEACH AND CITY OF BOCA RATON, CITY OF DELRA Y 9 BEACH AND PALM BEACH COUNTY FIRE RESCUE 10 DEPARTMENTS, EACH FOR A PERIOD OF SEVEN (7) 11 YEARS; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and 15 Emergency Medical response regardless of the availability of City responders; and 16 WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with 17 Boca Raton. Delray Beach and Palm Beach County for several years. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 21 as being true and correct and are hereb) made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 24 authorizes and directs the Mayor and City Clerk to execute the three (3) \1utual Aide 25 Agreements between the City of Boynton Beach and City of Boca Raton, City of Delray 26 Beach and Palm Beach County Fire Rescue Departments, each for a period of seven (7) years, 27 copies of which are attached hereto as r:xhibit "A". 28 29 S Il'A\RI-S()\Agreements\BBFDI, MUTUAL AID A(jREEMENTS 200<) doc 1 Section 3. This Resolution shall become effective immediately upon passage. ~ 2 PASSED AND ADOPTED this L day of August, 2009. 3 4 CITY OF BOYNTON--BEACH, FLORIDA r 5 , - I 6 , ~ . /, I 7 Mayor - Je Taylo~.. " j 8 . , , , ~# 9 I .'( :/"(-r /i;-"'7 < ,I. <", (;. / ( 10 Vice Mayor - Woodrow L. tfuY' .- - ';/ ,p 11 12 ,/ 1 ' , ,- / 13 Commissioyer - Ronald Weiland 14 //,-~ ._" ,., '......-, ,- -~~.- 15 Commissiooe:-J,.sc ~ 16 ., ,/ /' ./ 17 / .. ".' ,,/ ~/ ~;: / '/'::.. . 18 /' _I, / ,. 'L--/,; to C'" /' _'" 19 Commissioner .. Marlene Ross 20 ATTEST: 21 .' . 22 ( ,t ...., (,... ~ 23/ t Janet M. Prainito, CMC 24 City Clerk 25 26 27 28 29 (Corporate Seal) S Il'A\RESU\Agreements\BBFD\:, MUTUAL AID ACiRITMENTS 200') doc EMERGENCY SERVICES AGREEMENT R09 FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN • PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH ETHIS AGREEMENT is made and entered into this day fE ��� 2009 , 2009, by and between PALM BEACH COUNTY, FLORIDA , a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). 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, Florida Statutes, known as the "Florida Interlocal Cooperation 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 needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be • mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: 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 participating 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 Palm Beach County Fire Rescue representative and contract monitor during the performance of this Agreement shall be the Fire-Rescue Administrator, whose telephone number is 561-616-7001. The City of Boynton Beach Fire Rescue Department representative and contract monitor during the performance of this Agreement shall be the Administration and Finance Officer, whose telephone number is 561-742-6332. 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 emergency exists, but personnel responding to the call will remain under the command 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 incidental 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. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined 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 performance 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 performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their- respective heinrespective 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 the privileges 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 territorial limits for their respective agencies, shall apply to the 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 equipment. • Section 9. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assistance/automatic aid services from the other agency. 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 at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the persons, parties, or company involved in, causing or responsible for the incident for reimbursement of the goods and services provided, a copy of such invoice(s) shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHP') or Electronic Protected Health Information ("e-PHP") except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. Section 10. Effective Date and Terni: This Agreement shall take effect on October 1, 2009 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2016, 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 location(s) and • anticipated time frames for construction of ,future fire stations within 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 without 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 herewith. 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, relatingto this Agreement. Section 16. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation 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. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single .or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 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. The County and City shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, 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 with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 and if sent to the City shall be mailed to: City of Boynton Beach Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. Section 23. Captions: The captions 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 with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this Agreement, and the City shall indemnify, defend and hold harmless the County against any actions, claims, or damages arising out of the City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28., nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. [Remainder of page left blank intentionally] IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by • their duly authorized officers on the day and year first written above. . R. 2 0 0 9 . 15 3 i SEP 1 5 2009 ATTEST: PALM BEACH COUNTY, FLORIDA, SHARON R. BOCK, BY ITS BOARD OF COUNTY Clerk & Comptroller `_� N_c Y C�j a,�� COMMISSIONERS , •., ot By _ . rY By: / -- Deputy C ko' rLoB\ t� /.4' Joh , F. Koons, Chairman • .'fir r ddiiii ', r q. fy� APPROVED AS TO FOR1\ A�b ` APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: Plan') 4 . By: Com` p�..� Assistant County Attorney Fire-Rescue CITY OF BOYNTON BEACH, FLORIDA, ATTEST: BY ITS CITY COUNCIL By: I AatA . � By: �� �� -Li (JitY Clerk yMayor` APPROVED AS 0 FORM AND ,4-.`-:' . f LEGAL SU,+FI f ► +NCY � ,, ` idlii n. _ By. City Attorn,� ���b'�-.. ~d1-tlc..f EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BET\VEEN THE CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this - day of , 2009, by and between the CITY OF BOCA RATON, a Florida municipal corporation. by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. \VHEREAS, 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 \VHEREAS, it is deemed mutually advantageous to enter into this Agreement rroviding for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal \\ith unassisted; or where a closest unit response is agreeable and in the public interest or non-emergency assistance and logistical support may be helpful to the parties~ and \VHEREAS, Section 163,01, Florida Statutes. known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate v.:ith 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 needs and den:lnpment of Incal communitil?s. ~OW, THEREFORE, it is agn..'l?d by ~tIld het\\el'n thl? parti\'s that cach will render mutual assistance and automatic aiel to the other under the following stipulations. provisions and conditions: Section L Request for Aid/Assistance: L':mergcncy mutual assistance/automatic aiel or non-emergency assistance or logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a, The general nature, type and location of the emergency non-emergency or logistical support; 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 participating 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 Boca Raton's representatiw and contract monitor during the performance of this Agreement shall be the Assistant Chief of Planning, whose telephone number is 561-982-4045, The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, "ihose telephone number is 561-742-6339. Section 3. Command Authority: In thc c\cnt or an cmergency which rcquires additional assistancl'. the hrc ('hler of the jurisdiction in \\ hich the incident is locclted. ur ln his absence, the Assistant or Deputy Fire Chief or the Incident C\lImnander, will direct the activities at the scene where the emergency exists. but pcrsor nel responding to the call will remain under the command 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 incidental 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, \vhen 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 doe~ not have the required equipment available or if. in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, notwithstanding anything herein to the contrary, either party may refuse to provide non-emergency assistance or logistical support for any reason or no reason, Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or servict~ \vhich is not within the employee's scope cd' duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: :-\0 employee, officer, or agent of either party shall, in connection with this Agreement or the performance 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 othenvise except through and against the entity hy whom they are empk)ycd. No employee of either party shall he decmed the employee of the other. for any plllpuse, during the perfUrI1WllCe of ser\'ices hLTl'llnder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respcctiw onicers or employees shall be c1eeml'd to have assumed any liahility fur the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be cClnstrued a:, a waiver of sovereign immunity. 3 Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benetits which apply to the activity of the officers or employees of either party when performing their respective functions, \vithin the territorial limits for their respective agencies, shall apply to the 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 equipment. Section 9. Remuneration: All costs associated \vi th providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assi~,tance/automatic aid services from the other agency. 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 at the sole discrction of the agency rendering aid or assistance. The agency rendering aid1assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. 1 r the rendering agency invoices the resp()nsibk party for thc incidcnt for reimnursement of the goods ;'lI1d services provided, a copy or sllch imuice slwll be forwarded to the requesting agency as a matter of courtesy, provided however that the parties \vill not be required to provide copies of transport fee invoices to the other party and shall not otherwise usc or disclose Protected Health Information C PII I") or Electronic Protected Health In formation ("e- PH]"') except as perm i tted by the Health Insurance Portability and Accountability Act ("} lIP AA"), the regulations promulgated thcTeunder, and any other applicable la\vs and regulations. all as may be amended from time to time. 4 Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2009 and shall remain in full force and effect for a peri()d of seven (7) years, expiring on September 30. 2016, 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 ot:1er, 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 location(s) and anticipated time frames for construction of future fire stations within 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 \vithout the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this A.greement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 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. Section 16. Equal Opportunity: Laeh party represents and W:lrrants that it will not discriminate in the perfnnnancc or scrviccs hereunder and that its employees and members of the general public benefiting from services hereunder will be treated equally and without regard to race, sex, sexual orientatioll. color, religion, disability, age, marital status, national origin or ancestry, Section 17. Annual Appropriations: Each party's performance and obligati()n under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. 5 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. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement f()r a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, tinancial and technical records, research or reports, in accordance with Florida law. Section 20. .Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, 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 with the other in the defense of any suit or action arising out of or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to: Boca Raton Fire Rescue Fire Chief 6500 Congress Avenue Suite 200 Boca Raton, FL 33487 6 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescuc Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to thc other. Section 23. Captions: The captions and section designations hercin set forth are for convenience only and shall have no substantive mcaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City of Boca Raton shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Boca Raton's negligence in connection with this Agreement, and thc City of Boynton Beach shall indemnify, defend and hold harmless the City of Boca Raton against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver or sovercign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the samc be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of thc terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city oniccrs. 7 ,."" ,. '''''''<~~C'''''''''''''.'''' ""'~'''''''''''~''''_.'~'_'''~''''''''_'''~'''' ...., -, . , "~..'- -....."'--.~.. ......,.-".,-_."~. _ _v. ""., Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. A'ITEST: CITY OF, BOCA RATON B~ By: ~#'~ . City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIE CY CITY OF BOYNTON BEACH ATTEST: By: APPROVED AS LEGAL S By: 8 -- --...---.-.-.. Incorp~~ated 1925 .:.:.:. . _ ~...;;:c.~.....~ - T'~~i::.;..::~ :. RESOLUTION 111-2009 1 A RESOLUTION OF THE CITY OF BOCA RATON 2 AUTHORIZING THE MA YOR AND CITY CLERK TO 3 EXECUTE THE EMERGENCY SERVICES AGREEMENT 4 FOR MUTUAL ASSISTANCE AND AUTOMATIC AID WITH 5 THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF 6 PROVIDI NG AND RECEIVING EMERGENCY FIRE 7 RESCUE SERVICES ASSISTANCE; PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR REPEALER; 9 PROVIDING AN EFFECTIVE DATE 10 11 WHEREAS, the City of Boca Raton desires to enter into an Emergency Services 12 Agreement for mutual assistance and automatic aid with the City of Boynton Beach for the 13 purpose of providing and receiving emergency fire rescue services assistance; and 14 WHEREAS, such an agreement has been prepared and a copy thereof is attached 15 hereto; now therefore 16 17 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 18 RATON: 1 2 Section 1. That the Mayor and City Clerk be authorized to execute the Emergency 3 Services Agreement for Mutual Assistance and Automatic Aid with the City of Boynton Beach, a 4 copy of which is attached hereto, 5 Section 2. If any section, subsection, clause or provision of this resolution is held 6 invalid, the remainder shall not be affected by such invalidity. 7 Section 3. All resolutions or parts of resolutions in conflict herewith shall be and 8 hereby are repealed, 9 Section 4. This r€!solution shall take effect on October 1, 2009. 1~'J.t 10 PASSED AND ADOPTED by the City Council of the City of Boca Raton this c< "\. --<" ! 11 day of ,^"../v.J., {, I ,2009, ,1 12 13 CITY OF BOCA RATON, FLORIDA 14 15 ATTEST: ~~ W'L-L 16 17 18 Susan Whelchel, Mayor 19 20 . 21 22 23 24 25 ABSTAINEO MAYOR SUSAN WHELCHEL DEPUTY MAYOR SUSAN HAYNIE COUNCIL MEMBER ANTHONY MAJHESS COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER CONSTANCE J. SCOTT 26 27 2 R O'i - II t../ EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this _ day of , 2009, by and between the CITY OF DELRA Y BEACH. a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. 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 assistancelautomatie 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; or non-emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act of 1969," authorizes local governments to make the most eflicient 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 needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid/logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chief" pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: 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 participating 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 Delray 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 Administration and Finance Officer, whose telephone number is 561-742-6332. 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 seene where the emergency exists, but personnel responding to the call will remain under the command 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 incidental 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, 2 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. However, notwithstanding anything herein to the contrary, either party may refuse to provide non emergency assistance or logistical support for any reason or for no reason. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined 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 performance 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 performance 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 the privileges 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 territorial limits for their respective agencies, shall apply to the 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 equipment. Section 9. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assistance/automatic aid services from the other agency. 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 at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. I f the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("HIP AA"), the regulations promulgated there under, and any other applicable laws and regulations, all as may be amended from time to time. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2009 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2016, unless sooner terminated as provided herein. 4 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 location(s) and anticipated time frames for construction of future fire stations within 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 without 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 \vritten document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation 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. "Ko remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy 5 given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 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. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, 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 with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. 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: Delray Beach Fire-Rescue Fire Chief 501 West Atlantic A venue Delray Beach, FL 33444 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. 6 Section 23. Captions: The captions 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 with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City of Delray Beach shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Delray Beach's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and etTect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. 7 ATTEST: Chevelle Nubin, City Clerk BY:\~,,~',\), ~~ City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: j CITY OF BOYNTON BEACH, FLORIDA, ATTEST: BY ITS CITY COUNCIL BY~YYJ.~ ( ity Clerk APPROVED AS LEGAL SU IC By: 8 R o~ - II Y EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is, made and entered into this day of ,2009, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). 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, Florida Statutes, known as the "Florida Interlocal Cooperation 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 needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid! Assistance: Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: 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 participating 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 Palm Beach County Fire Rescue representative and contract monitor during the performance of this Agreement shall be the Fire-Rescue Administrator, whose telephone number is 561-616-700l. The City of Boynton Beach Fire Rescue Department representative and contract monitor during the performance of this Agreement shall be the Administration and Finance Officer, whose telephone number is 561-742-6332. 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 emergency exists, but personnel responding to the call will remain under the command 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 incidental to the perfOlmance 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. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined 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 performance 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 elther party shall be deemed the employee of the other, for any purpose, during the performance 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 the privileges 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 territorial limits for their respective agencies, shall apply to the 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 equipment. Section 9. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement of costs associated with the rendering of mutual assistance/automatic aid services from the other agency. 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 at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the persons, parties, or company involved in. causing or responsible for the incident for reimbursement of the goods and services provided, a copy of such invoice(s) shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("HIP AA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2009 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30,2016, 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 location(s) and anticipated time frames for construction of future fire stations within 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 without 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 herewith. 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. Section 16. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation 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. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right. power, or remedy hereunder shall preclude any other or further exercise thereof. 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. The County and City shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, 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 with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 and if sent to the City shall be mailed to: City of Boynton Beach Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. Section 23. Captions: The captions 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 with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this Agreement, and the City shall indemnify, defend and hold harmless the County against any actions, claims, or damages arising out of the City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. [Remainder of page left blank intentionally]