R15-085RESOLUTION R15 -085
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER TO SIGN AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE VILLAGE OF GOLF, PROVIDING
FIRE RESCUE SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the City Of Boynton Beach currently has an Interlocal
Agreement for Fire Rescue Services which has been in effect since October 1,
1998 with the Village of Golf, and
WHEREAS, the Village of Golf is interested in renewing a ten (10) year
cooperative Agreement with the City of Boynton Beach; and
WHEREAS, the Interlocal Agreement provides for the Village of Golf to
pay the City $200,000 in two installments and includes a minimum of a 4% annual
increase; and
WHEREAS, upon the recommendation of staff, the City Commission does
hereby approve the Interlocal Agreement between the City of Boynton Beach and
the Village of Golf, a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof.
Section 2. The City Commission does hereby approve and authorize
the City Manager to sign an Interlocal Agreement between the City of Boynton
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Beach and the Village of Golf, a copy of which Agreement is attached hereto and
made a part hereof as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this #A day of , 2015.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
ATTEST:
�epaq ei C4n
k M. Praini , C
y Clerk
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(Corporate Seal)
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YES / NO
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Internet
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INTERLOCAL AGREEMENT PROVIDING FOR FIRE RESCUE SERVICES IN THE VILLAGE OF
GOLF BY THE CITY OF BOYNTON BEACH
This Agreement, made and entered into this � day of Ll l„ %a, 2015 by and between
the City of Boynton Beach, Palm Beach County, Florida, a municicorporation, hereinafter
referred to as "City" and the Village of Golf, Palm Beach County, Florida, a municipal
corporation, hereinafter referred to as "Village ".
WITNESSETH:
WHEREAS, the Village presently does not maintain a Fire Protection and Fire Rescue
Department with firefighting and emergency medical equipment and personnel, and desires the
City to provide fire and rescue services to the Village; and
WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue
Department and desires to provide fire and rescue services to the Village; and
WHEREAS, the City will maintain or improve the standards of fire and rescue services
to the Village as currently provided by the City within its municipal limits; and
WHEREAS, the City has a mutual aid agreements with Palm Beach County Fire Rescue,
Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City and Village desire to enter into a cooperative arrangement
providing fire and rescue services benefiting public safety and local government; and
WHEREAS, Section 163.01 Florida Statutes, permits public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority,
which such agencies share in common and which each might exercise separately; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the
express purpose of cooperating in the provision of fire and rescue services without regard to
territorial boundaries, which shall benefit mutually and equally the citizens of each party; and
WHEREAS, the City will provide fire and rescue services to the Village in conformance
with City and Palm Beach County Fire Code Ordinances; and
WHEREAS, the City will provide fire and rescue equipment and personnel to ensure
that the Village will receive the same or improved standards of fire and rescue services; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth,
the parties hereto, hereby agree as follows:
SECTION 1. PURPOSE
(a) This Agreement constitutes an interlocal agreement authorized by Section
163.01, Florida Statutes, being a joint exercise of power shared in common, which any City
could exercise separately and shall be filed with the Clerk of Circuit Court in and for Palm
Beach County, Florida.
(b) The purpose of this Agreement is to provide fire protection, fire rescue, and
advanced life support within the municipal limits of the Village by the City Fire Rescue
Department. Fire Rescue shall include advanced life support as that term is defined by section
401.23 Florida Statutes. Fire protection shall include plan review, fire code enforcement,
building inspection, fire suppression, and fire investigation.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of ten (10) years commencing October
1, 2015 and ending September 30, 2025, unless sooner terminated as provided herein. This
agreement shall be renewable for additional predetermined periods upon the written agreement
of both parties.
SECTION 3. SERVICES RENDERED
The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire
inspection, fire investigation, and advanced life support services 24 hours per day, 365 days
per year, within the municipal limits of the Village throughout the term of this Agreement.
(a) This Interlocal Agreement shall not be construed to impose any obligation, duty or
responsibility whatsoever on the City to provide any specific types, kinds, or numbers of
emergency personnel or apparatus at any fire station of the City, or at any emergency scene
within the Village boundaries at any specific time. The City will dispatch and assign the
closest, appropriately staffed and available vehicle(s) to emergencies within the Village
consistent with the level of resources available to the City and the level of service provided to
City residents.
(b) The parties hereto further understand and agree that a possibility exists that the City of
Boynton Beach Fire Department may receive simultaneous calls for separate accidents, fires
and other public safety problems. In the event of a simultaneous occurrence of emergencies,
the judgment of the Fire Chief of the City, or the senior Fire Department Officer on duty at the
time, as to which call should receive first priority response, shall be binding upon the parties
hereto. If the City cannot respond to a call for assistance due to multiple calls and /or alarms
in progress, all reasonable efforts will then be made by the City to arrange for a suitable
response from another agency or jurisdiction cooperating with the City through various mutual
aid agreements in effect at the time.
(c) The Fire Chief of the City of Boynton Beach shall have full and complete authority
through the normal chain of command over the operation of the City of Boynton Beach Fire
Department personnel, vehicles and equipment while in the Village of Golf.
(d) The City Fire Department shall have complete authority and control over the use and
deployment of any and all apparatus and equipment acquired by the Village for its use and to
support this Agreement during its term.
(e) The Village officials, employees, residents and citizens shall not interfere with the
direction, management and deployment of the City Fire Department, its personnel or
equipment at any time during fire fighting or other emergency situations.
(f) The Village shall report all street and road closures/ openings to the City Fire
Department immediately, as well as report any hydrant and /or water supply problems.
(g) The City assumes no responsibility for emergency preparedness planning and program
implementation for the Village.
(h) The City will provide the same level of service to the Village relative to hazardous
materials incidents as it provides to its own residents. The City's hazardous materials response
is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of
1998 as it may be amended from time to time ( "County Haz -Mat Ordinance), which is
incorporated herein, and made a part hereof by reference. As set forth in the County Haz -Mat
Ordinance, recovery of all costs associated with a discharge or threatened discharge of
hazardous substances will be sought against the persons responsible for causing or allowing a
discharge or threatened discharged. To the extent that costs are actually incurred by the City
in responding to a hazardous material incident within the corporate limits of the Village and
the City (or the County on behalf of the City), using its best efforts, is unable to recover such
costs from the responsible persons or the Federal Government in accordance with Section 7 of
the County Haz -Mat Ordinance, the Village shall reimburse the City for certain expended
supplies and consumables, namely, chemical absorbents, hazardous materials vapor
suppressions, chemical testing agents, and hazardous materials recovery drums and /or other
containers used by the City Fire Rescue Department.
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(i) The City is permitted to invoice residents of the Village for appropriate emergency
medical service fees under the same terms and conditions as those for residents of the City
SECTION 4. PAYMENT
In consideration of the City providing the services set forth in Section 3, the Village
agrees to pay the City Two Hundred Thousand Dollars ($200,000.00) during the first year of
this Agreement, payable in two equal, annual installments on January 15 and April 15.
Commencing October 1, 2016, the annual compensation for fire rescue services to be
rendered by the City to the Village shall be adjusted annually. Per mutual agreement of the
parties, such compensation may be adjusted to offset any increased costs of providing the
enumerated services and programs due to unfunded mandates of the Federal, State, or County
government and to address any unforeseen events or contingencies. The adjustments
contemplated in this subsection shall be in addition to the annual adjustment set forth below.
Before July 1, 2016 and annually before July 1 of each succeeding year of this Agreement, the
initial compensation payable by the Village to the City ($200,000.00) shall be adjusted effective
October 1, 2016 and as of October 1 of each succeeding year of this Agreement. The annual
adjusted compensation commencing October 1, 2016 and for each succeeding year of this
Agreement shall be determined by incorporating the May All Urban Consumer Price Index (CPI)
in accordance with the Department of Labor - Department of Statistics or an increase of four
percent (4 %), whichever is greater.
Adjusted compensation for fire rescue services shall be paid by the Village to the City in two
equal installments annually on January 15 and April 15 throughout the term of this
Agreement.
The City's fee for inspection and plan review of existing and new development or
redevelopment within the Village shall be charged directly to the existing and new development
or redevelopment in accordance with the applicable City Ordinance.
SECTION 5. NOTICES AND PAYMENTS
All notices and payments between the parties hereto shall be mailed by certified mail,
return receipt requested, and /or fax to the following addresses, respectively (payments should
be sent via certified mail and need only be sent to the City Manager):
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Fire Chief
City of Boynton Beach
2080 High Ridge Road
Boynton Beach, FL 33426
Village Manager
Village of Golf
21 Country Road
Village of Golf, FL 33436
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SECTION 6. CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be amended,
including NFPA 1 Fire Prevention Code (2012 edition) and NFPA 101 Life Safety Code (2012
edition), in addition to any local amendments adopted by the City in accordance with section
633.202, Florida Statutes, shall apply within the Village's municipal limits.
Sections 2.5 -8, 2.5 -9, 2.5 -11, 2.5 -12, 2.5 -13 and amendments hereafter of the City
Code of Ordinances, "Alarm Systems" shall be incorporated herein by reference in this
Agreement. The City shall remit false alarm charges to the Village. The Village shall notify
alarm users of charges due, requesting payment thereof pursuant to Section 2.5 -13 of the City
Code of Ordinances, "Alarm Systems ". That section imposes a fine for more than three (3) false
alarms in any twelve -month period, exclusive of false alarms caused by acts of God or other
natural forces.
The City shall promptly provide the Village with copies of all new legislation, including
but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the
City that may affect Chapter 2.5 entitled "Alarm Systems" and /or Chapter 9 entitled "Fire
Protection and Prevention" of the City of Boynton Beach Code of Ordinances.
SECTION 7. ADMINISTRATION; NO TRANSFER OF POWERS: INDEMNIFICATION
All written rules and regulations, policies and procedures of the City of Boynton Beach
Fire Rescue Department shall apply to the Village pursuant to this Agreement.
Nothing contained in this Agreement shall be construed to constitute a transfer of
municipal powers in any way whatsoever. This Agreement is solely an interlocal agreement to
provide fire rescue services as authorized by Chapter 163 Florida Statutes. The Village and City
Councils (Commissions) shall each retain total legislative authority with regard to their
respective municipalities.
Each party to this Agreement will remain liable for its own negligence and any and all
negligent actions undertaken by its employees and agents in the performance of the obligations
hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign
immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes.
SECTION 8. DISPUTES
In the event that the Village has a dispute with respect to the City's performance
hereunder, the Village Manager shall notify the City Manager in writing, advising of the
disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the
Village and the City, the dispute shall be submitted to an arbitrator mutually agreed to by the
parties. If agreement is not reached on appointment, either party may submit to the American
Arbitration Association for appointment. The decision of the arbitrator shall be binding.
If any legal action or other proceeding is brought for the enforcement of this Agreement,
the prevailing party will be entitled to recover from the other party reasonable attorneys' fees
and costs, including fees and costs incident to appeals, incurred in that action or proceeding,
in addition to any other relief to which such party may be entitled.
SECTION 9. TERMINATION
Either party may terminate this Agreement upon a minimum of one (1) year's written
notice to the other party, such termination to be effective at the end of the first complete fiscal
year (September 30) after receipt of written notice to terminate this Agreement. For example, if
either party gives written notice to the other party to terminate this Agreement anytime after
October 1, 2017 and prior to September 30, 2018 this Agreement shall be terminated on
September 30, 2019.
SECTION 10. AMENDMENT TO AGREEMENT
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This Agreement shall not be amended or modified except in writing executed by the
parties, and approved by resolution of the governing body of each party.
SECTION 11. MISCELLANEOUS PROVISIONS
(a) Each person signing this Agreement on behalf of either party individually warrants that
he or she has full legal power to execute this Agreement on behalf of the other party for whom
he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
(b) The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
(c) If any terms or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of
this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed valid
and enforceable to the extent permitted by law.
(d) This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm
Beach County, Florida.
(e) This Interlocal Agreement represents the entire understanding of the parties, and
supersedes all other negotiations, representations or agreements, either written or oral, relating
to this Interlocal Agreement. None of the Provisions, terms and conditions contained herein
may be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto.
(f) This Interlocal Agreement and subsequent amendments thereto shall be filed by the
City with the Clerk of the Circuit Court of Palm Beach County, Florida, in conformance with
Section 163.01(11), Florida Statutes.
(g) This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce, or arising out of this Agreement shall be held in Palm Beach
County, Florida.
(h) If any terms or provisions of this Agreement, or the application thereof to any person or
circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision, to any person or circumstance other
than those as to which it is held invalid or unenforceable, shall be deemed valid and
enforceable to the extent permitted by law.
(i) Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2 -421 - 2 -440, as may be amended. To the extent permitted by law, the
Inspector General's authority includes but is not limited to the power to review past, present
and proposed County contracts, transactions, accounts and records, to require the production
of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers,
agents, employees, and lobbyists in order to ensure compliance with contract requirements and
detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2 -440, and
punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second
degree misdemeanor.
6) This Agreement represents the entire understanding of the parties, and supercedes all
other negotiations, representations, or agreements, whether written or oral, related to this
Agreement. None of the provisions, terms and conditions contained herein may be added to,
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modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
VILLAGE OF GOLF
y
ayor
Approved as to form and Legal sufficiency:
Village Attor
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Approv s o rm and Legal sufficiency:
City Attorney
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Attest:
Village Clerk
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