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R95-112RESOLUTION NO. R95-?/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST ADDENDUM TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN~ RIDGE FOR EMERGENCY MEDICAL/RESCUE SERVICES; AND PROVIDING AN EFFECTIVE DATE. ATTEST: WHEREAS, on October 1, 1992, the City of Boynton Beach and the Town of Ocean Ridge entered into an Interlocal Agreement which provides for emergency medical/rescue services and advanced life support (ALS) within the municipal limits of the Town of Ocean Ridge; and WHEREAS, upon recommendation of staff, the City Commission deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to amend said Agreement with respect to the annual compensation for said services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a First Addendum to the Interlocal Agreement, executed between the City of Boynton Beach and the Town of Ocean Ridge on October 1, 1992, which provides for emergency medical/rescue services and advanced life support (ALS) within the municipal limits of the Town of Ocean Ridge, a copy of said Addendum being attached hereto as Exhibit "A". ~ This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /,¢ day of July, 1995. CITY OF BOYNTON BEACH, FLORIDA I~lay~/Pro Tem 1 st Add. lnterlccal OceanRidge/City 7! 13/g5 FIRST ADDENDUM This is the first Addendum to an Interlocal Agreement dated the 1st day of October, 1992, between the CITY OF BOYNTON BEACH, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as CITY and the TOWN OF OCEAN RIDGE, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as TOWN. WITNESSETH: WHEREAS, the parties hereto wish to modify the rights and obligations of the parties as set forth in the Agreement with respect to the annual compensation for emergency medical/rescue services rendered by the CITY to the TOWN as set out in Section 4, paragraph 1 of said Agreement. NOW, THEREFORE, the parties agree as follows: 1. That Section 4. of the above referenced Interlocal Agreement be deleted in its entirety and a new Section 4. Payment is created, as follows: SECTION 4. PAYMENT Commencing October 1, 1995, the annual compensation for emergency medical/rescue services to be rendered by the City to the Town shall be at a flat fee of $100,000 per year for each year of the remaining term of the agreement (September 30, 1999). However, if in any one year the calls exceed 125 calls (25% over the current average of 100 calls per year), both parties agree to renegotiate the fee for that contract year. Compensation for emergency medical/rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and April 15 through the term of this Agreement. 2. That each and every other Section of said Agreement not herein specifically amended shall remain in full force and effect. ATTEST: lerk Approved as to Fo rm: ~City Attorney CITY OF BOYNTON BEACH -l~ayor ' ATTEST: City Clerk Approved as to Form: TOWN OF OCEAN RIDGE BY: Mayor Town Attorney lstAdd.lnter Fire/Rescue O<3ean Ridge. 7/13/95 Rev. 7/l~/g5 AGREEMENT INTERLOCAL AGREEMENT PROVIDING FOR EMERGENCY MEDIC~SCUE SERVICES IN THE TOWN OF OCEAN RIDGE BY THE CYFY OF BOYNTON BEACH This Agreement, made and entered into this / ~' day of October, 1992 by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City" and the Town of Ocean Ridge, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Fown". WITNESSETH: WHEREAS, the Town desires the City provide emergency medical/rescue services to the Town; and WHEREAS, the City desires to provide emergency medical/rescue services to the Town; and WHEREAS, the City will maintain or improve the standards of emergency medical/rescue services to the Town as currently provided by the City within its municipal limits; and · WHER~, the City has a mutual aid agreement with Palm Beach County Fire Rescue and the Delray Beach Fire Rescue; and WHEREAS, the City will provide emergency medical/rescue services to the Town in conformance with City and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide additional emergency medical/rescue equipment and personnel to ensure that the Town will receive the same or improved standards of emergency medical/rescue services; and NOW THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is ~to provide emergency medical/rescue service and advanced life support (ALS) transport within the municipal limits of the Town of Ocean Ridge. SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of seven (7) years commencing October 1, 1992 and ending September 30, 1999. SECTION 3. SERVICES RENDERED The City, through its Fire Rescue Department, shall provide emergency medical/rescue services, and advanced life support (ALS) transport senrices 24 hours per · day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. The City shall bill and collect a charge for ALS transport services directly from the user (patient) of Ocean Ridge in an mount that is the same as that charged by the City to the users in Boynton Beach. SECTION 4. PAYMENT In consideration of the City providing the services set forth in Section 3, the Town agrees to pay the City $105,000 per year during the first year (FY 92/93) of the Agreement; the amount of $118,650 per year during the second year (FY 93/94); and the amount of $134,074 per year during the third year (FY 94/95). Said payment shall be payable in two equal, semi-annual installments on January 15th and April 15th of each fiscal year. Commencing October 1, 1995 the annual compensation for emergency medical/rescue services to be rendered by the City to the Town shall be adjusted annually, as stated below: 1. Before Jialy 1, 1995 and annually before July 1 of each succeeding year of this Agreement, the third year compensation payable by the Town to the City ($134,074) shall be adjusted effective October 1, 1995 and as of October 1 of each succeeding year of this Agreement as follows: (a) The term '~Base Year" means the 12 month period ending June 30, 1994. (b) The term "Comparison Year" means each fiscal year after the Base Year. (c) The term "Consumer Price Index - United States All Items for Urban Consumers" published by the Bureau of Labor Statistics of the Department of Labor (Base Year 1982 = 100) ("CPI"). (d) The annual adjusted compensation commencing October 1, 1995 and for each succeeding year of this Agreement shall be determined by dividing the Comparison Year CPI by the Base Year CPI. Adjusted compensation for emergency medical/rescue services shall be paid by the Town to the City in two equal semi-annual installments on January 15 and April 15 throughout the term of this Agreement. SECTION 5. NOTICES AND PAYMENTS All notices and payments to the City shall be mailed by regular U.S. mail to the following addresses, respectively: City Manager The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Town Manager Town of Ocean Ridge 6450 North Ocean Boulevard Ocean Ridge, FL 33435 SECTION 6. ADMINISTRATION All written rules and regulations, policies and procedures of the City Fire Rescue Department shall apply to the Town pursuant to this Agreement. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers in any way whatsoever. This Agreement is solely an interlocal Agreement to provide emergency medical/rescue services as authorized by Chapter 163 Florida Statutes. The Town Commission and City Commission shall each retain total legislative authority with regard to their respective municipalities. The City agrees to assume all liability for any and all actions undertaken by its employees and agents in the performance of this Agreement, and the City agrees to indenmify and hold the Town harmless for any and all damages the Town might suffer from acts of employees and agents of the City in the performance of this Agreement. 3 SECTION 7. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town Manager shall notify the City Manager in writing, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town and the City, the City shall, at the request of the Town, schedule the disputed matter to be heard at the next scheduled City Commission workshop meeting. SECTION 8. TERMINATION Either party may terminate this Agreement upon one (1) year's written notice to the other party, such termination to be effective at the end of the 'first fiscal year (September 1,ffj after receipt of written notice to terminate this Agreement. For example, if either party gives written notice to the other party to terminate this Agreemem on July 15, 1993, this Agreement shall terminate September 30, 1994. SECTION 9. FILING This Agreement shall be filed for record by the City with the Clerk of the Circuit Court of Palm BeaehCounty pursuant to Section 163.01(11), Florida Statutes and a certified copy thereof furnished to the Town. WITNESSES: TOWN OF OCEAN RIDGE, FLORIDA Mayor ATrEST: / / I.RGAL SUFFICIENCY wrrlxrEssE~s: C1TSrATrORaNE'~ _ CITY OF BOYNTON BEACH, FLORIDA May'ot' /CITY CT.~RK AND I.RGAL SUFFICIENCY D:\ORidge~mergMe~