R16-0861
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RESOLUTION NO. R16 -086
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE TOWN OF BRINY BREEZES FOR THE
PROVISION OF FIRE RESCUE AND EMERGENCY MEDICAL
SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Briny Breezes ( "Town ") desires the City of Boynton Beach
( "City ") to provide fire rescue and emergency medical services to the Town; and
WHEREAS, the City has the equipment, personnel and resources to extend its
protection service area to provide fire rescue and emergency medical services to the Town;
and
WHEREAS, the City will maintain the standards of fire and rescue services to the
Town consistent with the services currently provided by the City within its municipal limits;
and
WHEREAS, the City has mutual aid agreements with Palm Beach County Fire
Rescue Delray Beach Fire Rescue and Boca Raton Fire Rescue; and
WHEREAS, the City will provide fire and rescue services to the Town in
conformance with City Code Ordinances and City fire rescue department protocols; and
WHEREAS, the City will provide fire and rescue personnel to ensure that the Town
will receive the same standard of fire and rescue services; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff deems it to be in the best interests of the residents and citizens of the
City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement
between the City of Boynton Beach and the Town of Briny Breezes for Fire Rescue and
Emergency Medical Services.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1 . Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2 . The City Commission of the City of Boynton Beach hereby approves and
authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach
and the Town of Briny Breezes for Fire Rescue and Emergency Medical Services, a copy of
the Interlocal Agreement is attached hereto as Exhibit "A ".
Section 3 . This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this day of , 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant _
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina L. Romelus f/
Commissioner — Joe Casello
VOTE 5 - 0
ATTEST:
s
J d h A. Pyle, CMC
ILLte im City Clerk
(Corporate Seal)
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1� �\ k (0 - 0 li�� G
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF BRINY
BREEZES AND THE CITY OF BOYNTON BEACH FOR THE
PROVISION OF FIRE RESCUE AND EMERGENCY MEDICAL
SERVICES
This Agreement for the provision of fire rescue and emergency medical services (the
"Agreement "), is made and entered into this day of , 2016 by and between the City
of Boynton Beach, Palm Beach County Florida, a municipal corporation, hereinafter referred to
as "City ", and the Town of Briny Breezes Palm Beach County, Florida, a municipal corporation,
hereinafter referred to as "Town ".
WITNESSETH :
WHEREAS, the Town desires the City to provide fire rescue and emergency medical
services to the Town; and
WHEREAS, the City has the equipment, personnel and resources to extend its
protection service area to provide fire rescue and emergency medical services to the Town; and
WHEREAS, the City will maintain the standards of fire and rescue services to the Town
consistent with the services currently provided by the City within its municipal limits; and
WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue
Delray Beach Fire Rescue and Boca Raton Fire Rescue; and
WHEREAS, the City will provide fire and rescue services to the Town in conformance
with City Code Ordinances and City fire rescue department protocols; and
WHEREAS, the City will provide fire and rescue personnel to ensure that the Town will
receive the same standard 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
The purpose of this- Agreement is to provide fire suppression protection and prevention
and Emergency Medical Services including advanced life support transport within the municipal
limits of the Town by the City Fire Rescue Department Fire. Protection shall include plan review
fire code enforcement building inspection fire suppression and fire investigation The The City
assumes no responsibility for emergency preparedness planning and program implementation for
the Town; or site clean up or product /soil removal from a chemical spill or other form of
hazardous materials incident occurring within the Town.
(00139745.1306-9001821) 1
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of twelve (12) years commencing October 1,
2016 and ending September 30, 2028. During the term of this Agreement that every four years,
(in the month of August 2020 and August 2024) the parties will, in good faith, review the
Agreement in order to conduct a performance evaluation and to amend, if appropriate and as
negotiated, the Annual Fee payable to the City.
SECTION 3. SERVICES RENDERED
A. The City, through its Fire Rescue Department, shall provide fire protection, fire
rescue, fire inspection, fire investigation, and emergency medical services 24 hours per day, 365
days per year, within the municipal limits of the Town throughout the term of this Agreement.
B. The City will provide the same level of service to the Town 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 (County Haz -Mat Ordinance "). 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
discharge. To the extent that costs are actually incurred by the City in responding to a hazardous
material incident within the corporate limits of the Town, 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
Town shall reimburse the City for certain expended supplies and consumables, namely chemical
absorbents, disposable personal protective clothing and equipment, hazardous materials vapor
suppressions, chemical testing agents, and hazardous materials recovery drums and/or other
containers used by the City's Fire Rescue Department.
SECTION 4. PAYMENT
A. In consideration of the City providing the services Set forth in Section 3 of this
Agreement, the Town agrees to pay the City $356,725.14 annually or $29,727.12 monthly
during the first year of this Agreement and thereafter unless modified as provided herein,
( "Annual Fee "), payable in twelve equal monthly installments per year beginning on or before
October 15 2016 and thereafter during the term unless modified by subsequent written
agreement. Payments will be made on or before the 15 of each succeeding month throughout the
term of this Agreement. B. In addition to the automatic increases set forth in Section 4C
below, the parties agree to negotiate in good faith an adjustment to the Annual Fee which may be
necessary to offset any increased costs incurred by the City for providing the services and
programs pursuant to this Agreement, due to unfunded mandates specifically directed toward the
provision of fire rescue services, of the Federal, State, or County government and to address any
unforeseen events or contingencies. The City shall provide the Town with the amount of the
adjustment resulting from unfunded mandates no later than May 1, 2017, and each year
thereafter during the term of the Agreement. Any adjustments to the Annual Fee pursuant to this
subsection shall be effective on Octoberl, 2017 and each year thereafter. The adjustments
contemplated in this subsection shall be in addition to the annual adjustment set forth below.
(00139745.1 3069001821) 2
C. In addition to the adjustments to the Annual Fee provided in subsection 4B of this
Agreement, no later than May 1, 2017 and each year thereafter during the term of this
Agreement, the Annual Fee payable by the Town to the City shall be adjusted effective October
1, 2017 and as of October 1 of each succeeding year of this Agreement. The annual adjusted
compensation commencing October 1 2017 and for each succeeding year of this Agreement
shall be determined by incorporating the May All Urban Consumer Price Index (CPI), Miami -
Fort Lauderdale region, in accordance with the Department of Labor — Department of Statistics
or an increase of four percent (4 %), whichever is greater.
D. The City will invoice residents of the Town for appropriate emergency medical
service and fire inspection fees under the same terms and conditions as those for residents of the
City.
E. The City's fee for inspection services, in accordance with Chapter 2.5 and
Chapter 9 of the City of Boynton Beach Code of Ordinances, and plan review of existing and
new development or redevelopment within the Town shall be charged directly to the owner of
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
1080 High Ridge Road
Boynton Beach FL 33426
Town Manager
Town of Briny Breezes
6450 N Ocean Boulevard
Ocean Ridge FL 33435
SECTION 6. CODE
A. The Town has adopted and will enforce the Florida Fire Prevent Code and NFPA 1.
{00139745.1306 - 9001521} 3
B. The Town designates the City of Boynton Beach Fire Chief as the Town's "Authority
having Jurisdiction" (AGJ) for the purpose of enforcing the Florida Fire Prevention
Code and NFPA 1. 1
B. City Code of Ordinance Sections 2.5 -8, 2.5 -9, 2.5 -11, 2.5 -12, 2.5 -13, as may be
amended from time to time, entitled "Alarm Systems" shall be incorporated herein by reference
in this Agreement. The Town grants the City the authority to issue notices of violation on behalf
of the Town to Town residents and businesses within the. The Notices shall provide for the
same level of penalty for violation as if the violation occurred in the City. Penalties incurred by
Town residents arising from false alarms shall be paid by the Town and the Town, at its sole
discretion, may adopt and enforce false alarm regulations to pass the cost of violations on to the
owner of the property where the violation occurred. In the event that a Town resident or business
files a suit or claim against the City challenging the City's authority to collect, impose, or
enforce its Alarm System ordinance provisions within the Town, the Town agrees to pay the
City's reasonable attorney's fees and costs, including paralegal expenses at both the trial and
appellate levels.
C. The City shall promptly provide the Town 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
A. All written rules and regulations, policies and procedures of the City of Boynton
Beach Fire Rescue Department shall apply to the Town pursuant to this Agreement.
B. Nothing contained in this Agreement shall be construed to constitute a transfer of
municipal powers. This Agreement is an Interlocal Agreement to provide fire rescue services as
authorized by Chapter 163 Florida Statutes. The Town and City Councils shall each retain total
legislative authority with regard to their respective municipalities.
C. 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 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
dispute shall be submitted to an arbitrator mutually agreed to by the parties. If agreement is not
1 Section 22 -1 Town Code of Ordinances
(00139745.1306-9001821) 4
reached on appointment, either party may submit to the American Arbitration Association for
appointment. The decision of the arbitrator shall be binding.
SECTION 9. TERMINATION
A. 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. In the event that this agreement is terminated prior to
September 30, 2026, the City will retain control of all funds designated for future vehicle
replacement, if applicable.
SECTION 10. AMENDMENT TO AGREEMENT
A. 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
A. This Agreement and any amendments thereto shall be filed and recorded by the
City with the Clerk of Court of Palm Beach County, Florida, in conformance with Section
163.01(11), Florida Statutes.
B. 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.
C. 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.
D. This Agreement represents the entire understanding of the parties, and
supersedes 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 modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
1,01
{00139745.1306- 9001821} . 5
to modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(SEAL)
Judith A. Pyle, CMC, Igt',crim City Clerk
APPROVED AS T �XFORM
AND LEGAL SUF'FICyIENCY
C
Jame°° A. Chero, gify Attorney
TOWN OF BRINY BREEZES, FLORIDA
By:
"I tv 14 AV —
Name: Michael Hill
Title: Mayor
ATTEST:
By: 4�
Robe "Jur vaty, f own Cle k
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY /-°
Town Attorney
(SEAL)
N
{00139462.1 306- 9001821}
The City o Bo Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton- beach.org
July 26, 2016
Mr. Robert Jurovaty
Town Clerk Pro Tem
Town of Briny Breezes
4802 North Ocean Boulevard
Briny Breezes, FL 33435
Re: R16 -086— ILA for Fire Rescue and Emergency Medical Services
Dear Mr. Jurovaty:
Attached for your handling are two original agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return one original
to the City Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
J, ith A. Pyle, C C
Interim City Clerk
Attachments
c: Central File
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Emergency Medical Services.doc
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